Bill Text: IL HB3893 | 2021-2022 | 102nd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Amends the Criminal Code of 2012. Changes the sunset of the provision that exempts from an eavesdropping violation, with prior request to and written or verbal approval of the State's Attorney of the county in which the conversation is anticipated to occur, recording or listening with the aid of an eavesdropping device to a conversation in which a law enforcement officer, or any person acting at the direction of a law enforcement officer, is a party to the conversation and has consented to the conversation being intercepted or recorded in the course of an investigation of a qualified offense from January 1, 2023 to January 1, 2027. Extends the sunset of the RICO Article of the Code from June 11, 2022 to June 11, 2023. Effective immediately.

Spectrum: Partisan Bill (Democrat 32-0)

Status: (Passed) 2022-05-27 - Public Act . . . . . . . . . 102-0918 [HB3893 Detail]

Download: Illinois-2021-HB3893-Introduced.html

---

102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3893 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED:
730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1
Amends the Unified Code of Corrections. Provides that the Department of Corrections shall enter into contracts with the Department of Human Services, the Department of Healthcare and Family Services, and any other appropriate State agencies as the Department of Corrections may direct so that those Departments or agencies may assist persons released from institutions and facilities of the Department of Corrections in obtaining the services provided by those Departments. Provides for the type of services available to released persons. Provides that at least 45 days before the scheduled discharge of a person committed to the custody of the Department of Corrections, the Department shall inform the person that those Departments shall provide that assistance. Provides that if the county or municipality of the released person's residence has established a program for reentry of persons into the community who have been committed to the Department, the Department of Corrections shall inform the person about that program. Provides that the assistance provided under this provision shall be available to the person during the term of his or her parole or mandatory supervised release.
LRB102 14883 KMF 20236 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB3893 LRB102 14883 KMF 20236 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended by
changing Section 3-14-1 as follows:
(730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
Sec. 3-14-1. Release from the institution.
(a) Upon release of a person on parole, mandatory release,
final discharge or pardon the Department shall return all
property held for him, provide him with suitable clothing and
procure necessary transportation for him to his designated
place of residence and employment. It may provide such person
with a grant of money for travel and expenses which may be paid
in installments. The amount of the money grant shall be
determined by the Department.
(a-1) The Department shall, before a wrongfully imprisoned
person, as defined in Section 3-1-2 of this Code, is
discharged from the Department, provide him or her with any
documents necessary after discharge.
(a-2) The Department of Corrections may establish and
maintain, in any institution it administers, revolving funds
to be known as "Travel and Allowances Revolving Funds". These
revolving funds shall be used for advancing travel and expense

HB3893 - 2 - LRB102 14883 KMF 20236 b
allowances to committed, paroled, and discharged prisoners.
The moneys paid into such revolving funds shall be from
appropriations to the Department for Committed, Paroled, and
Discharged Prisoners.
(a-3) Upon release of a person who is eligible to vote on
parole, mandatory release, final discharge, or pardon, the
Department shall provide the person with a form that informs
him or her that his or her voting rights have been restored and
a voter registration application. The Department shall have
available voter registration applications in the languages
provided by the Illinois State Board of Elections. The form
that informs the person that his or her rights have been
restored shall include the following information:
(1) All voting rights are restored upon release from
the Department's custody.
(2) A person who is eligible to vote must register in
order to be able to vote.
The Department of Corrections shall confirm that the
person received the voter registration application and has
been informed that his or her voting rights have been
restored.
(a-4) (a-3) Prior to release of a person on parole,
mandatory supervised release, final discharge, or pardon, the
Department shall screen every person for Medicaid eligibility.
Officials of the correctional institution or facility where
the committed person is assigned shall assist an eligible

HB3893 - 3 - LRB102 14883 KMF 20236 b
person to complete a Medicaid application to ensure that the
person begins receiving benefits as soon as possible after his
or her release. The application must include the eligible
person's address associated with his or her residence upon
release from the facility. If the residence is temporary, the
eligible person must notify the Department of Human Services
of his or her change in address upon transition to permanent
housing.
(b) (Blank).
(c) Except as otherwise provided in this Code, the
Department shall establish procedures to provide written
notification of any release of any person who has been
convicted of a felony to the State's Attorney and sheriff of
the county from which the offender was committed, and the
State's Attorney and sheriff of the county into which the
offender is to be paroled or released. Except as otherwise
provided in this Code, the Department shall establish
procedures to provide written notification to the proper law
enforcement agency for any municipality of any release of any
person who has been convicted of a felony if the arrest of the
offender or the commission of the offense took place in the
municipality, if the offender is to be paroled or released
into the municipality, or if the offender resided in the
municipality at the time of the commission of the offense. If a
person convicted of a felony who is in the custody of the
Department of Corrections or on parole or mandatory supervised

HB3893 - 4 - LRB102 14883 KMF 20236 b
release informs the Department that he or she has resided,
resides, or will reside at an address that is a housing
facility owned, managed, operated, or leased by a public
housing agency, the Department must send written notification
of that information to the public housing agency that owns,
manages, operates, or leases the housing facility. The written
notification shall, when possible, be given at least 14 days
before release of the person from custody, or as soon
thereafter as possible. The written notification shall be
provided electronically if the State's Attorney, sheriff,
proper law enforcement agency, or public housing agency has
provided the Department with an accurate and up to date email
address.
(c-1) (Blank).
(c-2) The Department shall establish procedures to provide
notice to the Department of State Police of the release or
discharge of persons convicted of violations of the
Methamphetamine Control and Community Protection Act or a
violation of the Methamphetamine Precursor Control Act. The
Department of State Police shall make this information
available to local, State, or federal law enforcement agencies
upon request.
(c-5) If a person on parole or mandatory supervised
release becomes a resident of a facility licensed or regulated
by the Department of Public Health, the Illinois Department of
Public Aid, or the Illinois Department of Human Services, the

HB3893 - 5 - LRB102 14883 KMF 20236 b
Department of Corrections shall provide copies of the
following information to the appropriate licensing or
regulating Department and the licensed or regulated facility
where the person becomes a resident:
(1) The mittimus and any pre-sentence investigation
reports.
(2) The social evaluation prepared pursuant to Section
3-8-2.
(3) Any pre-release evaluation conducted pursuant to
subsection (j) of Section 3-6-2.
(4) Reports of disciplinary infractions and
dispositions.
(5) Any parole plan, including orders issued by the
Prisoner Review Board, and any violation reports and
dispositions.
(6) The name and contact information for the assigned
parole agent and parole supervisor.
This information shall be provided within 3 days of the
person becoming a resident of the facility.
(c-10) If a person on parole or mandatory supervised
release becomes a resident of a facility licensed or regulated
by the Department of Public Health, the Illinois Department of
Public Aid, or the Illinois Department of Human Services, the
Department of Corrections shall provide written notification
of such residence to the following:
(1) The Prisoner Review Board.

HB3893 - 6 - LRB102 14883 KMF 20236 b
(2) The chief of police and sheriff in the
municipality and county in which the licensed facility is
located.
The notification shall be provided within 3 days of the
person becoming a resident of the facility.
(d) Upon the release of a committed person on parole,
mandatory supervised release, final discharge or pardon, the
Department shall provide such person with information
concerning programs and services of the Illinois Department of
Public Health to ascertain whether such person has been
exposed to the human immunodeficiency virus (HIV) or any
identified causative agent of Acquired Immunodeficiency
Syndrome (AIDS).
(e) Upon the release of a committed person on parole,
mandatory supervised release, final discharge, pardon, or who
has been wrongfully imprisoned, the Department shall verify
the released person's full name, date of birth, and social
security number. If verification is made by the Department by
obtaining a certified copy of the released person's birth
certificate and the released person's social security card or
other documents authorized by the Secretary, the Department
shall provide the birth certificate and social security card
or other documents authorized by the Secretary to the released
person. If verification by the Department is done by means
other than obtaining a certified copy of the released person's
birth certificate and the released person's social security

HB3893 - 7 - LRB102 14883 KMF 20236 b
card or other documents authorized by the Secretary, the
Department shall complete a verification form, prescribed by
the Secretary of State, and shall provide that verification
form to the released person.
(f) Forty-five days prior to the scheduled discharge of a
person committed to the custody of the Department of
Corrections, the Department shall give the person who is
otherwise uninsured an opportunity to apply for health care
coverage including medical assistance under Article V of the
Illinois Public Aid Code in accordance with subsection (b) of
Section 1-8.5 of the Illinois Public Aid Code, and the
Department of Corrections shall provide assistance with
completion of the application for health care coverage
including medical assistance. The Department may adopt rules
to implement this Section.
(g) The Department of Corrections shall enter into
contracts with the Department of Human Services, the
Department of Healthcare and Family Services, and any other
appropriate State agencies as the Department of Corrections
may direct so that those Departments may assist persons
released from institutions and facilities of the Department of
Corrections in obtaining the services provided by those
Departments. At least 45 days before the scheduled discharge
of a person committed to the custody of the Department of
Corrections, the Department shall inform the person that those
Departments shall provide that assistance. The assistance

HB3893 - 8 - LRB102 14883 KMF 20236 b
provided includes how the person may obtain:
(1) housing, whether public or private;
(2) public assistance and Medicaid;
(3) employment and how to prepare for an employment
interview; and
(4) other transitional assistance to prevent
recidivism.
If the county or municipality of the released person's
residence has established a program for reentry of persons
into the community who have been committed to the Department,
the Department of Corrections shall inform the person about
that program. The assistance provided under this subsection
(g) shall be available to the person during the term of his or
her parole or mandatory supervised release.
(Source: P.A. 101-351, eff. 1-1-20; 101-442, eff. 1-1-20;
revised 9-9-19.)