Bill Text: IL HB4590 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Creates the Reporting of Deaths in Custody Act. Provides that in any case in which a person dies while in the custody of: (1) any law enforcement agency, (2) a local or State correctional facility in the State, or (3) a peace officer or as a result of the peace officer's use of force, the law enforcement agency shall investigate and report the death in writing to the Attorney General, no later than 30 days after the date on which the person in custody or incarcerated died. Provides information that must be contained in the report. Provides that the report shall be a public record under the Freedom of Information Act. Provides that the Attorney General shall issue a public annual report tabulating and evaluating trends and information on deaths in custody. Provides that the family, next of kin, or any other person reasonably nominated by the decedent as an emergency contact shall be notified as soon as possible in a suitable manner giving an accurate factual account of the cause of death and circumstances surrounding the death in custody. Amends the Illinois Identification Card Act and the Unified Code of Corrections concerning reports the Secretary of State, Department of Juvenile Justice, and the Department of Corrections shall make to the General Assembly. Provides that the Secretary of State, Department of Juvenile Justice, and the Department of Corrections shall publish the reports on their respective websites.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4590 Detail]
Download: Illinois-2019-HB4590-Introduced.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||||||||
5 | Reporting of Deaths in Custody Act.
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6 | Section 5. Report of deaths of persons in custody in | ||||||||||||||||||||||||||||||
7 | correctional institutions. | ||||||||||||||||||||||||||||||
8 | (a) In this Act, "law enforcement agency" includes each law | ||||||||||||||||||||||||||||||
9 | enforcement
entity within this State having the authority to | ||||||||||||||||||||||||||||||
10 | arrest and detain persons suspected
of, or charged with, | ||||||||||||||||||||||||||||||
11 | committing a criminal offense, and each law enforcement entity
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12 | that operates a lock up, jail, prison, or any other facility | ||||||||||||||||||||||||||||||
13 | used to detain persons
for legitimate law enforcement purposes.
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14 | (b) In any case in which a person dies: | ||||||||||||||||||||||||||||||
15 | (1) while in the custody of: | ||||||||||||||||||||||||||||||
16 | (A) a law enforcement agency; | ||||||||||||||||||||||||||||||
17 | (B) a local or State correctional facility in this | ||||||||||||||||||||||||||||||
18 | State; or | ||||||||||||||||||||||||||||||
19 | (C) a peace officer; or | ||||||||||||||||||||||||||||||
20 | (2) as a result of the peace officer's use of force, | ||||||||||||||||||||||||||||||
21 | the law enforcement
agency shall investigate and report the | ||||||||||||||||||||||||||||||
22 | death in writing to the Attorney General, no later than 30 days
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23 | after the date on which the person in custody or incarcerated |
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1 | died. The written report shall
contain the following | ||||||
2 | information: | ||||||
3 | (1) facts concerning the death that are in the | ||||||
4 | possession of the law enforcement agency
in charge of the | ||||||
5 | investigation and the correctional facility where the | ||||||
6 | death
occurred including, but not limited to, cause and | ||||||
7 | manner of death, race, age, and
gender of the decedent; | ||||||
8 | (2) the jurisdiction, the law enforcement agency | ||||||
9 | providing the
investigation, and the local or State | ||||||
10 | facility where the death occurred; | ||||||
11 | (3) if emergency care was
requested by the law | ||||||
12 | enforcement agency in response to any illness, injury, | ||||||
13 | self-inflicted
or otherwise, or other issue related to | ||||||
14 | rapid deterioration of physical
wellness or human | ||||||
15 | subsistence, and details concerning emergency care that | ||||||
16 | was
provided to the decedent if emergency care was | ||||||
17 | provided. | ||||||
18 | (c) The law enforcement agency and the involved | ||||||
19 | correctional administrators shall make a good faith effort to | ||||||
20 | obtain all relevant facts and circumstances relevant
to the | ||||||
21 | death and include those in the report. | ||||||
22 | (d) The Attorney General shall create a standardized form | ||||||
23 | to be used for the
purpose of collecting information as | ||||||
24 | described in subsection (b). | ||||||
25 | (e) Law enforcement agencies shall use the form described | ||||||
26 | in subsection (d) to report all cases in which a person dies: |
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1 | (1) while in the custody of: | ||||||
2 | (A) a law
enforcement agency; | ||||||
3 | (B) a local or State correctional facility in
this | ||||||
4 | State; or | ||||||
5 | (C) a peace officer; or | ||||||
6 | (2) as a result of the peace
officer's use of force. | ||||||
7 | (f) The Attorney General may determine the manner in which | ||||||
8 | the form is
transmitted from a law enforcement agency to the | ||||||
9 | Attorney General. | ||||||
10 | (g) The reports shall be public records within the meaning | ||||||
11 | of subsection (c) of Section 2 of the Freedom of Information | ||||||
12 | Act and are open to public
inspection, with the exception of | ||||||
13 | any portion of the report that the Attorney General
determines | ||||||
14 | is privileged or protected under Illinois or federal law. | ||||||
15 | (h) The Attorney General shall make available to the public | ||||||
16 | information of all
individual reports relating to deaths in | ||||||
17 | custody through the Attorney General's
website to be updated on | ||||||
18 | a quarterly basis. | ||||||
19 | (i) The Attorney General shall issue a public annual report | ||||||
20 | tabulating and
evaluating trends and information on deaths in | ||||||
21 | custody, including, but not limited
to: | ||||||
22 | (1) information regarding cause and manner of death, | ||||||
23 | race, and the gender of the decedent; | ||||||
24 | (2)
the jurisdiction, law enforcement agency providing | ||||||
25 | the investigation, and local or State
facility where the | ||||||
26 | death occurred; and |
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1 | (3) recommendations and State and local efforts
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2 | underway to reduce deaths in custody. | ||||||
3 | The report shall be submitted to the Governor and General | ||||||
4 | Assembly and made available to the public on the Attorney
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5 | General's website the first week of February of each year. | ||||||
6 | (j) So that the State may oversee the healthcare provided | ||||||
7 | to any person in the custody of each
law enforcement agency | ||||||
8 | within this State, provision of medical services to these | ||||||
9 | persons,
general care and treatment, and any other factors that | ||||||
10 | may contribute to the death of any of
these persons, the | ||||||
11 | following information shall be made available to the public on | ||||||
12 | the
Attorney General's website: | ||||||
13 | (1) the number of deaths that occurred during the | ||||||
14 | preceding calendar year; | ||||||
15 | (2) the known, or discoverable upon reasonable | ||||||
16 | inquiry, causes and contributing
factors of each of the | ||||||
17 | in-custody deaths as defined in subsection (b); and | ||||||
18 | (3) the law enforcement agency's policies, procedures, | ||||||
19 | and protocols related to: | ||||||
20 | (A) treatment of a person experiencing withdrawal | ||||||
21 | from alcohol or substance
use; | ||||||
22 | (B) the facility's provision, or lack of | ||||||
23 | provision, of medications used to treat,
mitigate, or | ||||||
24 | address a person's symptoms; and | ||||||
25 | (C) notifying an inmate's next of kin after the
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26 | inmate's
in-custody death. |
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1 | (k) The family, next of kin, or any other person reasonably | ||||||
2 | nominated
by the decedent as an emergency contact shall be | ||||||
3 | notified as soon as
possible in a suitable manner giving an | ||||||
4 | accurate factual account of
the cause of death and | ||||||
5 | circumstances surrounding the death in
custody. | ||||||
6 | (l) The law enforcement agency or correctional facility | ||||||
7 | shall name a
staff person to act as dedicated family liaison | ||||||
8 | officer to be a point of
contact for the family, to make and | ||||||
9 | maintain contact with the family,
to report ongoing | ||||||
10 | developments and findings of investigations, and
to provide | ||||||
11 | information and practical support. If requested by the | ||||||
12 | deceased's next of kin, the law enforcement
agency or | ||||||
13 | correctional facility shall arrange for a chaplain, counselor,
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14 | or other suitable staff member to meet with the family and | ||||||
15 | discuss
any faith considerations or concerns. The family has a | ||||||
16 | right to the
medical records of a family member who has died in | ||||||
17 | custody and
these records shall be disclosed to them. | ||||||
18 | (m) It is unlawful for a person who is required under this | ||||||
19 | Section to investigate
a death or file a report to fail to | ||||||
20 | include in the report facts known or discovered in the | ||||||
21 | investigation
to the Attorney General. A violation of this | ||||||
22 | Section is a petty offense, with fine not to exceed $500.
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23 | Section 105. The Illinois Identification Card Act is | ||||||
24 | amended by changing Section 4 as follows:
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1 | (15 ILCS 335/4) (from Ch. 124, par. 24)
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2 | Sec. 4. Identification card.
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3 | (a) The Secretary of State shall issue a
standard Illinois | ||||||
4 | Identification Card to any natural person who is a resident
of | ||||||
5 | the State of Illinois who applies for such card, or renewal | ||||||
6 | thereof. No identification card shall be issued to any person | ||||||
7 | who holds a valid
foreign state
identification card, license, | ||||||
8 | or permit unless the person first surrenders to
the Secretary | ||||||
9 | of
State the valid foreign state identification card, license, | ||||||
10 | or permit. The card shall be prepared and
supplied by the | ||||||
11 | Secretary of State and shall include a photograph and signature | ||||||
12 | or mark of the
applicant. However, the Secretary of State may | ||||||
13 | provide by rule for the issuance of Illinois Identification | ||||||
14 | Cards without photographs if the applicant has a bona fide | ||||||
15 | religious objection to being photographed or to the display of | ||||||
16 | his or her photograph. The Illinois Identification Card may be | ||||||
17 | used for
identification purposes in any lawful situation only | ||||||
18 | by the person to
whom it was issued.
As used in this Act, | ||||||
19 | "photograph" means any color photograph or digitally
produced | ||||||
20 | and captured image of an applicant for an identification card. | ||||||
21 | As
used in this Act, "signature" means the name of a person as | ||||||
22 | written by that
person and captured in a manner acceptable to | ||||||
23 | the Secretary of State. | ||||||
24 | (a-5) If an applicant for an identification card has a | ||||||
25 | current driver's license or instruction permit issued by the | ||||||
26 | Secretary of State, the Secretary may require the applicant to |
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1 | utilize the same residence address and name on the | ||||||
2 | identification card, driver's license, and instruction permit | ||||||
3 | records maintained by the Secretary. The Secretary may | ||||||
4 | promulgate rules to implement this provision.
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5 | (a-10) If the applicant is a judicial officer as defined in | ||||||
6 | Section 1-10 of the Judicial Privacy Act or a peace officer, | ||||||
7 | the applicant may elect to have his or her office or work | ||||||
8 | address listed on the card instead of the applicant's residence | ||||||
9 | or mailing address. The Secretary may promulgate rules to | ||||||
10 | implement this provision. For the purposes of this subsection | ||||||
11 | (a-10), "peace officer" means any person who by virtue of his | ||||||
12 | or her office or public employment is vested by law with a duty | ||||||
13 | to maintain public order or to make arrests for a violation of | ||||||
14 | any penal statute of this State, whether that duty extends to | ||||||
15 | all violations or is limited to specific violations. | ||||||
16 | (a-15) The Secretary of State may provide for an expedited | ||||||
17 | process for the issuance of an Illinois Identification Card. | ||||||
18 | The Secretary shall charge an additional fee for the expedited | ||||||
19 | issuance of an Illinois Identification Card, to be set by rule, | ||||||
20 | not to exceed $75. All fees collected by the Secretary for | ||||||
21 | expedited Illinois Identification Card service shall be | ||||||
22 | deposited into the Secretary of State Special Services Fund. | ||||||
23 | The Secretary may adopt rules regarding the eligibility, | ||||||
24 | process, and fee for an expedited Illinois Identification Card. | ||||||
25 | If the Secretary of State determines that the volume of | ||||||
26 | expedited identification card requests received on a given day |
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1 | exceeds the ability of the Secretary to process those requests | ||||||
2 | in an expedited manner, the Secretary may decline to provide | ||||||
3 | expedited services, and the additional fee for the expedited | ||||||
4 | service shall be refunded to the applicant. | ||||||
5 | (a-20) The Secretary of State shall issue a standard | ||||||
6 | Illinois Identification Card to a committed person upon release | ||||||
7 | on parole, mandatory supervised release, aftercare release, | ||||||
8 | final discharge, or pardon from the Department of Corrections | ||||||
9 | or Department of Juvenile Justice, if the released person | ||||||
10 | presents a certified copy of his or her birth certificate, | ||||||
11 | social security card or other documents authorized by the | ||||||
12 | Secretary, and 2 documents proving his or her Illinois | ||||||
13 | residence address. Documents proving residence address may | ||||||
14 | include any official document of the Department of Corrections | ||||||
15 | or the Department of Juvenile Justice showing the released | ||||||
16 | person's address after release and a Secretary of State | ||||||
17 | prescribed certificate of residency form, which may be executed | ||||||
18 | by Department of Corrections or Department of Juvenile Justice | ||||||
19 | personnel. | ||||||
20 | (a-25) The Secretary of State shall issue a limited-term | ||||||
21 | Illinois Identification Card valid for 90 days to a committed | ||||||
22 | person upon release on parole, mandatory supervised release, | ||||||
23 | aftercare release, final discharge, or pardon from the | ||||||
24 | Department of Corrections or Department of Juvenile Justice, if | ||||||
25 | the released person is unable to present a certified copy of | ||||||
26 | his or her birth certificate and social security card or other |
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1 | documents authorized by the Secretary, but does present a | ||||||
2 | Secretary of State prescribed verification form completed by | ||||||
3 | the Department of Corrections or Department of Juvenile | ||||||
4 | Justice, verifying the released person's date of birth and | ||||||
5 | social security number and 2 documents proving his or her | ||||||
6 | Illinois residence address. The verification form must have | ||||||
7 | been completed no more than 30 days prior to the date of | ||||||
8 | application for the Illinois Identification Card. Documents | ||||||
9 | proving residence address shall include any official document | ||||||
10 | of the Department of Corrections or the Department of Juvenile | ||||||
11 | Justice showing the person's address after release and a | ||||||
12 | Secretary of State prescribed certificate of residency, which | ||||||
13 | may be executed by Department of Corrections or Department of | ||||||
14 | Juvenile Justice personnel. | ||||||
15 | Prior to the expiration of the 90-day period of the | ||||||
16 | limited-term Illinois Identification Card, if the released | ||||||
17 | person submits to the Secretary of State a certified copy of | ||||||
18 | his or her birth certificate and his or her social security | ||||||
19 | card or other documents authorized by the Secretary, a standard | ||||||
20 | Illinois Identification Card shall be issued. A limited-term | ||||||
21 | Illinois Identification Card may not be renewed. | ||||||
22 | (a-26)
The Secretary of State shall track and issue an | ||||||
23 | annual report to the General Assembly
detailing the number of | ||||||
24 | permanent Illinois Identification Cards issued by the | ||||||
25 | Secretary of State to persons presenting
verification forms | ||||||
26 | issued by the Department of Juvenile Justice and Department of
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1 | Corrections. The report shall include comparable data from the | ||||||
2 | previous calendar year and shall reflect
any increases or | ||||||
3 | decreases. The Secretary of State shall publish the report on | ||||||
4 | the Secretary of State's website. | ||||||
5 | (a-30) The Secretary of State shall issue a standard | ||||||
6 | Illinois Identification Card to a person upon conditional | ||||||
7 | release or absolute discharge from the custody of the | ||||||
8 | Department of Human Services, if the person presents a | ||||||
9 | certified copy of his or her birth certificate, social security | ||||||
10 | card, or other documents authorized by the Secretary, and a | ||||||
11 | document proving his or her Illinois residence address. The | ||||||
12 | Secretary of State shall issue a standard Illinois | ||||||
13 | Identification Card to a person no sooner than 14 days prior to | ||||||
14 | his or her conditional release or absolute discharge if | ||||||
15 | personnel from the Department of Human Services bring the | ||||||
16 | person to a Secretary of State location with the required | ||||||
17 | documents. Documents proving residence address may include any | ||||||
18 | official document of the Department of Human Services showing | ||||||
19 | the person's address after release and a Secretary of State | ||||||
20 | prescribed verification form, which may be executed by | ||||||
21 | personnel of the Department of Human Services. | ||||||
22 | (a-35) The Secretary of State shall issue a limited-term | ||||||
23 | Illinois Identification Card valid for 90 days to a person upon | ||||||
24 | conditional release or absolute discharge from the custody of | ||||||
25 | the Department of Human Services, if the person is unable to | ||||||
26 | present a certified copy of his or her birth certificate and |
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1 | social security card or other documents authorized by the | ||||||
2 | Secretary, but does present a Secretary of State prescribed | ||||||
3 | verification form completed by the Department of Human | ||||||
4 | Services, verifying the person's date of birth and social | ||||||
5 | security number, and a document proving his or her Illinois | ||||||
6 | residence address. The verification form must have been | ||||||
7 | completed no more than 30 days prior to the date of application | ||||||
8 | for the Illinois Identification Card. The Secretary of State | ||||||
9 | shall issue a limited-term Illinois Identification Card to a | ||||||
10 | person no sooner than 14 days prior to his or her conditional | ||||||
11 | release or absolute discharge if personnel from the Department | ||||||
12 | of Human Services bring the person to a Secretary of State | ||||||
13 | location with the required documents. Documents proving | ||||||
14 | residence address shall include any official document of the | ||||||
15 | Department of Human Services showing the person's address after | ||||||
16 | release and a Secretary of State prescribed verification form, | ||||||
17 | which may be executed
by personnel of the Department of Human | ||||||
18 | Services. | ||||||
19 | (b) The Secretary of State shall issue a special Illinois
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20 | Identification Card, which shall be known as an Illinois Person | ||||||
21 | with a Disability
Identification Card, to any natural person | ||||||
22 | who is a resident of the State
of Illinois, who is a person | ||||||
23 | with a disability as defined in Section 4A of this Act,
who | ||||||
24 | applies for such card, or renewal thereof. No Illinois Person | ||||||
25 | with a Disability Identification Card shall be issued to any | ||||||
26 | person who
holds a valid
foreign state identification card, |
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1 | license, or permit unless the person first
surrenders to the
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2 | Secretary of State the valid foreign state identification card, | ||||||
3 | license, or
permit. The Secretary of State
shall charge no fee | ||||||
4 | to issue such card. The card shall be prepared and
supplied by | ||||||
5 | the Secretary of State, and shall include a photograph and | ||||||
6 | signature or mark of the
applicant, a designation indicating | ||||||
7 | that the card is an Illinois
Person with a Disability | ||||||
8 | Identification Card, and shall include a comprehensible | ||||||
9 | designation
of the type and classification of the applicant's | ||||||
10 | disability as set out in
Section 4A of this Act. However, the | ||||||
11 | Secretary of State may provide by rule for the issuance of | ||||||
12 | Illinois Person with a Disability Identification Cards without | ||||||
13 | photographs if the applicant has a bona fide religious | ||||||
14 | objection to being photographed or to the display of his or her | ||||||
15 | photograph. If the applicant so requests, the card shall
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16 | include a description of the applicant's disability and any | ||||||
17 | information
about the applicant's disability or medical | ||||||
18 | history which the Secretary
determines would be helpful to the | ||||||
19 | applicant in securing emergency medical
care. If a mark is used | ||||||
20 | in lieu of a signature, such mark
shall be affixed to the card | ||||||
21 | in the presence of two witnesses who attest to
the authenticity | ||||||
22 | of the mark. The Illinois
Person with a Disability | ||||||
23 | Identification Card may be used for identification purposes
in | ||||||
24 | any lawful situation by the person to whom it was issued.
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25 | The Illinois Person with a Disability Identification Card | ||||||
26 | may be used as adequate
documentation of disability in lieu of |
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1 | a physician's determination of
disability, a determination of | ||||||
2 | disability from a physician assistant, a determination of | ||||||
3 | disability from an advanced practice registered
nurse, or any
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4 | other documentation
of disability whenever
any
State law
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5 | requires that a person with a disability provide such | ||||||
6 | documentation of disability,
however an Illinois Person with a | ||||||
7 | Disability Identification Card shall not qualify
the | ||||||
8 | cardholder to participate in any program or to receive any | ||||||
9 | benefit
which is not available to all persons with like | ||||||
10 | disabilities.
Notwithstanding any other provisions of law, an | ||||||
11 | Illinois Person with a Disability
Identification Card, or | ||||||
12 | evidence that the Secretary of State has issued an
Illinois | ||||||
13 | Person with a Disability Identification Card, shall not be used | ||||||
14 | by any
person other than the person named on such card to prove | ||||||
15 | that the person
named on such card is a person with a | ||||||
16 | disability or for any other purpose unless the
card is used for | ||||||
17 | the benefit of the person named on such card, and the
person | ||||||
18 | named on such card consents to such use at the time the card is | ||||||
19 | so used.
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20 | An optometrist's determination of a visual disability | ||||||
21 | under Section 4A of this Act is acceptable as documentation for | ||||||
22 | the purpose of issuing an Illinois Person with a Disability | ||||||
23 | Identification Card. | ||||||
24 | When medical information is contained on an Illinois Person | ||||||
25 | with a Disability
Identification Card, the Office of the | ||||||
26 | Secretary of State shall not be
liable for any actions taken |
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1 | based upon that medical information.
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2 | (c) The Secretary of State shall provide
that each original | ||||||
3 | or renewal Illinois Identification Card or Illinois
Person with | ||||||
4 | a Disability Identification Card issued to a person under the | ||||||
5 | age of 21
shall be of a distinct nature from those Illinois | ||||||
6 | Identification Cards or
Illinois Person with a Disability | ||||||
7 | Identification Cards issued to individuals 21
years of age or | ||||||
8 | older. The color designated for Illinois Identification
Cards | ||||||
9 | or Illinois Person with a Disability Identification Cards for | ||||||
10 | persons under
the age of 21 shall be at the discretion of the | ||||||
11 | Secretary of State.
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12 | (c-1) Each original or renewal Illinois
Identification | ||||||
13 | Card or Illinois Person with a Disability Identification Card | ||||||
14 | issued to
a person under the age of 21 shall display the date | ||||||
15 | upon which the person
becomes 18 years of age and the date upon | ||||||
16 | which the person becomes 21 years of
age.
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17 | (c-3) The General Assembly recognizes the need to identify | ||||||
18 | military veterans living in this State for the purpose of | ||||||
19 | ensuring that they receive all of the services and benefits to | ||||||
20 | which they are legally entitled, including healthcare, | ||||||
21 | education assistance, and job placement. To assist the State in | ||||||
22 | identifying these veterans and delivering these vital services | ||||||
23 | and benefits, the Secretary of State is authorized to issue | ||||||
24 | Illinois Identification Cards and Illinois Person with a | ||||||
25 | Disability Identification Cards with the word "veteran" | ||||||
26 | appearing on the face of the cards. This authorization is |
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1 | predicated on the unique status of veterans. The Secretary may | ||||||
2 | not issue any other identification card which identifies an | ||||||
3 | occupation, status, affiliation, hobby, or other unique | ||||||
4 | characteristics of the identification card holder which is | ||||||
5 | unrelated to the purpose of the identification card.
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6 | (c-5) Beginning on or before July 1, 2015, the Secretary of | ||||||
7 | State shall designate a space on each original or renewal | ||||||
8 | identification card where, at the request of the applicant, the | ||||||
9 | word "veteran" shall be placed. The veteran designation shall | ||||||
10 | be available to a person identified as a veteran under | ||||||
11 | subsection (b) of Section 5 of this Act who was discharged or | ||||||
12 | separated under honorable conditions. | ||||||
13 | (d) The Secretary of State may issue a Senior Citizen
| ||||||
14 | discount card, to any natural person who is a resident of the | ||||||
15 | State of
Illinois who is 60 years of age or older and who | ||||||
16 | applies for such a card or
renewal thereof. The Secretary of | ||||||
17 | State shall charge no fee to issue such
card. The card shall be | ||||||
18 | issued in every county and applications shall be
made available | ||||||
19 | at, but not limited to, nutrition sites, senior citizen
centers | ||||||
20 | and Area Agencies on Aging. The applicant, upon receipt of such
| ||||||
21 | card and prior to its use for any purpose, shall have affixed | ||||||
22 | thereon in
the space provided therefor his signature or mark.
| ||||||
23 | (e) The Secretary of State, in his or her discretion, may | ||||||
24 | designate on each Illinois
Identification Card or Illinois | ||||||
25 | Person with a Disability Identification Card a space where the | ||||||
26 | card holder may place a sticker or decal, issued by the |
| |||||||
| |||||||
1 | Secretary of State, of uniform size as the Secretary may | ||||||
2 | specify, that shall indicate in appropriate language that the | ||||||
3 | card holder has renewed his or her Illinois
Identification Card | ||||||
4 | or Illinois Person with a Disability Identification Card. | ||||||
5 | (Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15; | ||||||
6 | 99-305, eff. 1-1-16; 99-642, eff. 7-28-16; 99-907, eff. 7-1-17; | ||||||
7 | 100-513, eff. 1-1-18; 100-717, eff. 7-1-19 .)
| ||||||
8 | Section 110. The Unified Code of Corrections is amended by | ||||||
9 | changing Sections 3-2.5-75 and 3-14-1 as follows:
| ||||||
10 | (730 ILCS 5/3-2.5-75) | ||||||
11 | Sec. 3-2.5-75. Release from Department of Juvenile | ||||||
12 | Justice. | ||||||
13 | (a) Upon release of a youth on aftercare, the Department | ||||||
14 | shall return all property held for the youth, provide the youth | ||||||
15 | with suitable clothing, and procure necessary transportation | ||||||
16 | for the youth to his or her designated place of residence and | ||||||
17 | employment. It may provide the youth with a grant of money for | ||||||
18 | travel and expenses which may be paid in installments. The | ||||||
19 | amount of the money grant shall be determined by the | ||||||
20 | Department. | ||||||
21 | (b) Before a wrongfully imprisoned person, as defined in | ||||||
22 | Section 3-1-2 of this Code, is discharged from the Department, | ||||||
23 | the Department shall provide him or her with any documents | ||||||
24 | necessary after discharge. |
| |||||||
| |||||||
1 | (c) The Department of Juvenile Justice may establish and | ||||||
2 | maintain, in any institution it administers, revolving funds to | ||||||
3 | be known as "Travel and Allowances Revolving Funds". These | ||||||
4 | revolving funds shall be used for advancing travel and expense | ||||||
5 | allowances to committed, released, and discharged youth. The | ||||||
6 | moneys paid into these revolving funds shall be from | ||||||
7 | appropriations to the Department for committed, released, and | ||||||
8 | discharged prisoners. | ||||||
9 | (d) Upon the release of a youth on aftercare, the | ||||||
10 | Department shall provide that youth with information | ||||||
11 | concerning programs and services of the Department of Public | ||||||
12 | Health to ascertain whether that youth has been exposed to the | ||||||
13 | human immunodeficiency virus (HIV) or any identified causative | ||||||
14 | agent of Acquired Immunodeficiency Syndrome (AIDS). | ||||||
15 | (e) Upon the release of a youth on aftercare or who has | ||||||
16 | been wrongfully imprisoned, the Department shall verify the | ||||||
17 | youth's full name, date of birth, and social security number. | ||||||
18 | If verification is made by the Department by obtaining a | ||||||
19 | certified copy of the youth's birth certificate and the youth's | ||||||
20 | social security card or other documents authorized by the | ||||||
21 | Secretary, the Department shall provide the birth certificate | ||||||
22 | and social security card or other documents authorized by the | ||||||
23 | Secretary to the youth. If verification is done by means other | ||||||
24 | than obtaining a certified copy of the youth's birth | ||||||
25 | certificate and the youth's social security card or other | ||||||
26 | documents authorized by the Secretary, the Department shall |
| |||||||
| |||||||
1 | complete a verification form, prescribed by the Secretary of | ||||||
2 | State and shall provide that verification form to the youth. | ||||||
3 | (f) In order to determine how many persons released from | ||||||
4 | incarceration in the Department of
Juvenile Justice obtained | ||||||
5 | permanent Illinois Identification Cards, the
Department of | ||||||
6 | Juvenile Justice shall track and issue an annual
report to the | ||||||
7 | General Assembly detailing the number of birth certificates | ||||||
8 | obtained for persons while
in its custody, the number of social | ||||||
9 | security cards obtained for persons while in its custody, and
| ||||||
10 | the number of verification forms issued to persons in its | ||||||
11 | custody within 30 days of a person's
release from custody. The | ||||||
12 | report shall include comparable data from the previous calendar | ||||||
13 | year and
shall reflect any increases or decreases. The | ||||||
14 | Department of Juvenile Justice shall
publish the reports on its | ||||||
15 | website.
| ||||||
16 | (Source: P.A. 98-558, eff. 1-1-14; 98-685, eff. 1-1-15; 99-907, | ||||||
17 | eff. 7-1-17 .)
| ||||||
18 | (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
| ||||||
19 | Sec. 3-14-1. Release from the institution.
| ||||||
20 | (a) Upon release of a person on parole, mandatory release, | ||||||
21 | final
discharge or pardon the Department shall return all | ||||||
22 | property held for
him, provide him with suitable clothing and | ||||||
23 | procure necessary
transportation for him to his designated | ||||||
24 | place of residence and
employment. It may provide such person | ||||||
25 | with a grant of money for travel and
expenses which may be paid |
| |||||||
| |||||||
1 | in installments. The amount of the money grant
shall be | ||||||
2 | determined by the Department.
| ||||||
3 | (a-1) The Department shall, before a wrongfully imprisoned | ||||||
4 | person, as defined in Section 3-1-2 of this Code, is discharged | ||||||
5 | from the Department, provide him or her with any documents | ||||||
6 | necessary after discharge. | ||||||
7 | (a-2) The Department of Corrections may establish and | ||||||
8 | maintain, in any institution
it administers, revolving funds to | ||||||
9 | be known as "Travel and Allowances Revolving
Funds". These | ||||||
10 | revolving funds shall be used for advancing travel and expense
| ||||||
11 | allowances to committed, paroled, and discharged prisoners. | ||||||
12 | The moneys
paid into such revolving funds shall be from | ||||||
13 | appropriations to the Department
for Committed, Paroled, and | ||||||
14 | Discharged Prisoners.
| ||||||
15 | (a-3) Upon release of a person who is eligible to vote on | ||||||
16 | parole, mandatory release, final discharge, or pardon, the | ||||||
17 | Department shall provide the person with a form that informs | ||||||
18 | him or her that his or her voting rights have been restored and | ||||||
19 | a voter registration application. The Department shall have | ||||||
20 | available voter registration applications in the languages | ||||||
21 | provided by the Illinois State Board of Elections. The form | ||||||
22 | that informs the person that his or her rights have been | ||||||
23 | restored shall include the following information: | ||||||
24 | (1) All voting rights are restored upon release from | ||||||
25 | the Department's custody. | ||||||
26 | (2) A person who is eligible to vote must register in |
| |||||||
| |||||||
1 | order to be able to vote. | ||||||
2 | The Department of Corrections shall confirm that the person | ||||||
3 | received the voter registration application and has been | ||||||
4 | informed that his or her voting rights have been restored. | ||||||
5 | (a-4) (a-3) Prior to release of a person on parole, | ||||||
6 | mandatory supervised release, final discharge, or pardon, the | ||||||
7 | Department shall screen every person for Medicaid eligibility. | ||||||
8 | Officials of the correctional institution or facility where the | ||||||
9 | committed person is assigned shall assist an eligible person to | ||||||
10 | complete a Medicaid application to ensure that the person | ||||||
11 | begins receiving benefits as soon as possible after his or her | ||||||
12 | release. The application must include the eligible person's | ||||||
13 | address associated with his or her residence upon release from | ||||||
14 | the facility. If the residence is temporary, the eligible | ||||||
15 | person must notify the Department of Human Services of his or | ||||||
16 | her change in address upon transition to permanent housing. | ||||||
17 | (b) (Blank).
| ||||||
18 | (c) Except as otherwise provided in this Code, the | ||||||
19 | Department shall
establish procedures to provide written | ||||||
20 | notification of any release of any
person who has been | ||||||
21 | convicted of a felony to the State's Attorney
and sheriff of | ||||||
22 | the county from which the offender was committed, and the
| ||||||
23 | State's Attorney and sheriff of the county into which the | ||||||
24 | offender is to be
paroled or released. Except as otherwise | ||||||
25 | provided in this Code, the
Department shall establish | ||||||
26 | procedures to provide written notification to
the proper law |
| |||||||
| |||||||
1 | enforcement agency for any municipality of any release of any
| ||||||
2 | person who has been convicted of a felony if the arrest of the | ||||||
3 | offender or the
commission of the offense took place in the | ||||||
4 | municipality, if the offender is to
be paroled or released into | ||||||
5 | the municipality, or if the offender resided in the
| ||||||
6 | municipality at the time of the commission of the offense. If a | ||||||
7 | person
convicted of a felony who is in the custody of the | ||||||
8 | Department of Corrections or
on parole or mandatory supervised | ||||||
9 | release informs the Department that he or she
has resided, | ||||||
10 | resides, or will
reside at an address that is a housing | ||||||
11 | facility owned, managed,
operated, or leased by a public | ||||||
12 | housing agency, the Department must send
written notification | ||||||
13 | of that information to the public housing agency that
owns, | ||||||
14 | manages, operates, or leases the housing facility. The written
| ||||||
15 | notification shall, when possible, be given at least 14 days | ||||||
16 | before release of
the person from custody, or as soon | ||||||
17 | thereafter as possible. The written notification shall be | ||||||
18 | provided electronically if the State's Attorney, sheriff, | ||||||
19 | proper law enforcement agency, or public housing agency has | ||||||
20 | provided the Department with an accurate and up to date email | ||||||
21 | address.
| ||||||
22 | (c-1) (Blank). | ||||||
23 | (c-2) The Department shall establish procedures to provide | ||||||
24 | notice to the Department of State Police of the release or | ||||||
25 | discharge of persons convicted of violations of the | ||||||
26 | Methamphetamine Control and Community
Protection Act or a |
| |||||||
| |||||||
1 | violation of the Methamphetamine Precursor Control Act. The | ||||||
2 | Department of State Police shall make this information | ||||||
3 | available to local, State, or federal law enforcement agencies | ||||||
4 | upon request. | ||||||
5 | (c-5) If a person on parole or mandatory supervised release | ||||||
6 | becomes a resident of a facility licensed or regulated by the | ||||||
7 | Department of Public Health, the Illinois Department of Public | ||||||
8 | Aid, or the Illinois Department of Human Services, the | ||||||
9 | Department of Corrections shall provide copies of the following | ||||||
10 | information to the appropriate licensing or regulating | ||||||
11 | Department and the licensed or regulated facility where the | ||||||
12 | person becomes a resident: | ||||||
13 | (1) The mittimus and any pre-sentence investigation | ||||||
14 | reports. | ||||||
15 | (2) The social evaluation prepared pursuant to Section | ||||||
16 | 3-8-2. | ||||||
17 | (3) Any pre-release evaluation conducted pursuant to | ||||||
18 | subsection (j) of Section 3-6-2. | ||||||
19 | (4) Reports of disciplinary infractions and | ||||||
20 | dispositions. | ||||||
21 | (5) Any parole plan, including orders issued by the | ||||||
22 | Prisoner Review Board, and any violation reports and | ||||||
23 | dispositions. | ||||||
24 | (6) The name and contact information for the assigned | ||||||
25 | parole agent and parole supervisor.
| ||||||
26 | This information shall be provided within 3 days of the |
| |||||||
| |||||||
1 | person becoming a resident of the facility.
| ||||||
2 | (c-10) If a person on parole or mandatory supervised | ||||||
3 | release becomes a resident of a facility licensed or regulated | ||||||
4 | by the Department of Public Health, the Illinois Department of | ||||||
5 | Public Aid, or the Illinois Department of Human Services, the | ||||||
6 | Department of Corrections shall provide written notification | ||||||
7 | of such residence to the following: | ||||||
8 | (1) The Prisoner Review Board. | ||||||
9 | (2) The
chief of police and sheriff in the municipality | ||||||
10 | and county in which the licensed facility is located. | ||||||
11 | The notification shall be provided within 3 days of the | ||||||
12 | person becoming a resident of the facility.
| ||||||
13 | (d) Upon the release of a committed person on parole, | ||||||
14 | mandatory
supervised release, final discharge or pardon, the | ||||||
15 | Department shall provide
such person with information | ||||||
16 | concerning programs and services of the
Illinois Department of | ||||||
17 | Public Health to ascertain whether such person has
been exposed | ||||||
18 | to the human immunodeficiency virus (HIV) or any identified
| ||||||
19 | causative agent of Acquired Immunodeficiency Syndrome (AIDS).
| ||||||
20 | (e) Upon the release of a committed person on parole, | ||||||
21 | mandatory supervised
release, final discharge, pardon, or who | ||||||
22 | has been wrongfully imprisoned, the Department shall verify the | ||||||
23 | released person's full name, date of birth, and social security | ||||||
24 | number. If verification is made by the Department by obtaining | ||||||
25 | a certified copy of the released person's birth certificate and | ||||||
26 | the released person's social security card or other documents |
| |||||||
| |||||||
1 | authorized by the Secretary, the Department shall provide the | ||||||
2 | birth certificate and social security card or other documents | ||||||
3 | authorized by the Secretary to the released person. If | ||||||
4 | verification by the Department is done by means other than | ||||||
5 | obtaining a certified copy of the released person's birth | ||||||
6 | certificate and the released person's social security card or | ||||||
7 | other documents authorized by the Secretary, the Department | ||||||
8 | shall complete a verification form, prescribed by the Secretary | ||||||
9 | of State, and shall provide that verification form to the | ||||||
10 | released person.
| ||||||
11 | (f) Forty-five days prior to the scheduled discharge of a | ||||||
12 | person committed to the custody of the Department of | ||||||
13 | Corrections, the Department shall give the person who is | ||||||
14 | otherwise uninsured an opportunity to apply for health care | ||||||
15 | coverage including medical assistance under Article V of the | ||||||
16 | Illinois Public Aid Code in accordance with subsection (b) of | ||||||
17 | Section 1-8.5 of the Illinois Public Aid Code, and the | ||||||
18 | Department of Corrections shall provide assistance with | ||||||
19 | completion of the application for health care coverage | ||||||
20 | including medical assistance. The Department may adopt rules to | ||||||
21 | implement this Section. | ||||||
22 | (g) In order to determine how many persons released from | ||||||
23 | incarceration in the Department obtained permanent Illinois | ||||||
24 | Identification Cards, the
Department shall track and issue an | ||||||
25 | annual
report to the General Assembly detailing the number of | ||||||
26 | birth certificates obtained for persons while
in its custody, |
| |||||||
| |||||||
1 | the number of social security cards obtained for persons while | ||||||
2 | in its custody, and
the number of verification forms issued to | ||||||
3 | persons in its custody within 30 days of a person's
release | ||||||
4 | from custody. The report shall include comparable data from the | ||||||
5 | previous calendar year and
shall reflect any increases or | ||||||
6 | decreases. The Department shall
publish the reports on its | ||||||
7 | website. | ||||||
8 | (Source: P.A. 101-351, eff. 1-1-20; 101-442, eff. 1-1-20; | ||||||
9 | revised 9-9-19.)
|