Illinois-2023-HB5915-Introduced

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5915

Introduced , by Rep. Tony M. McCombie

SYNOPSIS AS INTRODUCED:

730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1

Amends the Unified Code of Corrections. Provides that 90 days before the scheduled discharge of a person committed to the custody of the Department of Corrections, the Department shall provide the State's Attorney of the committing county with the sentence calculation conducted by the Department, including documentation of completed programs or services that earned the person sentence credit for successful completion of those programs or services while the person was in custody of the Department. Provides that the State's Attorney may challenge the calculation and request that the Department recalculate the sentence. Provides that upon recalculating the sentence, the State's Attorney may request the Prisoner Review Board to review and approve the calculation.

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A BILL FOR

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1 AN ACT concerning criminal law.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Unified Code of Corrections is amended by

5 changing Section 3-14-1 as follows:

6 (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)

7 Sec. 3-14-1. Release from the institution.

8 (a) Upon release of a person on parole, mandatory release,

9 final discharge, or pardon, the Department shall return all

10 property held for him, provide him with suitable clothing and

11 procure necessary transportation for him to his designated

12 place of residence and employment. It may provide such person

13 with a grant of money for travel and expenses which may be paid

14 in installments. The amount of the money grant shall be

15 determined by the Department.

16 (a-1) The Department shall, before a wrongfully imprisoned

17 person, as defined in Section 3-1-2 of this Code, is

18 discharged from the Department, provide him or her with any

19 documents necessary after discharge.

20 (a-2) The Department of Corrections may establish and

21 maintain, in any institution it administers, revolving funds

22 to be known as "Travel and Allowances Revolving Funds". These

23 revolving funds shall be used for advancing travel and expense

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1 allowances to committed, paroled, and discharged prisoners.

2 The moneys paid into such revolving funds shall be from

3 appropriations to the Department for Committed, Paroled, and

4 Discharged Prisoners.

5 (a-3) Upon release of a person who is eligible to vote on

6 parole, mandatory release, final discharge, or pardon, the

7 Department shall provide the person with a form that informs

8 him or her that his or her voting rights have been restored and

9 a voter registration application. The Department shall have

10 available voter registration applications in the languages

11 provided by the Illinois State Board of Elections. The form

12 that informs the person that his or her rights have been

13 restored shall include the following information:

14 (1) All voting rights are restored upon release from

15 the Department's custody.

16 (2) A person who is eligible to vote must register in

17 order to be able to vote.

18 The Department of Corrections shall confirm that the

19 person received the voter registration application and has

20 been informed that his or her voting rights have been

21 restored.

22 (a-4) Prior to release of a person on parole, mandatory

23 supervised release, final discharge, or pardon, the Department

24 shall screen every person for Medicaid eligibility. Officials

25 of the correctional institution or facility where the

26 committed person is assigned shall assist an eligible person

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1 to complete a Medicaid application to ensure that the person

2 begins receiving benefits as soon as possible after his or her

3 release. The application must include the eligible person's

4 address associated with his or her residence upon release from

5 the facility. If the residence is temporary, the eligible

6 person must notify the Department of Human Services of his or

7 her change in address upon transition to permanent housing.

8 (b) (Blank).

9 (c) Except as otherwise provided in this Code, the

10 Department shall establish procedures to provide written

11 notification of any release of any person who has been

12 convicted of a felony to the State's Attorney and sheriff of

13 the county from which the offender was committed, and the

14 State's Attorney and sheriff of the county into which the

15 offender is to be paroled or released. Except as otherwise

16 provided in this Code, the Department shall establish

17 procedures to provide written notification to the proper law

18 enforcement agency for any municipality of any release of any

19 person who has been convicted of a felony if the arrest of the

20 offender or the commission of the offense took place in the

21 municipality, if the offender is to be paroled or released

22 into the municipality, or if the offender resided in the

23 municipality at the time of the commission of the offense. If a

24 person convicted of a felony who is in the custody of the

25 Department of Corrections or on parole or mandatory supervised

26 release informs the Department that he or she has resided,

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1 resides, or will reside at an address that is a housing

2 facility owned, managed, operated, or leased by a public

3 housing agency, the Department must send written notification

4 of that information to the public housing agency that owns,

5 manages, operates, or leases the housing facility. The written

6 notification shall, when possible, be given at least 14 days

7 before release of the person from custody, or as soon

8 thereafter as possible. The written notification shall be

9 provided electronically if the State's Attorney, sheriff,

10 proper law enforcement agency, or public housing agency has

11 provided the Department with an accurate and up to date email

12 address.

13 (c-1) (Blank).

14 (c-2) The Department shall establish procedures to provide

15 notice to the Illinois State Police of the release or

16 discharge of persons convicted of violations of the

17 Methamphetamine Control and Community Protection Act or a

18 violation of the Methamphetamine Precursor Control Act. The

19 Illinois State Police shall make this information available to

20 local, State, or federal law enforcement agencies upon

21 request.

22 (c-5) If a person on parole or mandatory supervised

23 release becomes a resident of a facility licensed or regulated

24 by the Department of Public Health, the Illinois Department of

25 Public Aid, or the Illinois Department of Human Services, the

26 Department of Corrections shall provide copies of the

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1 following information to the appropriate licensing or

2 regulating Department and the licensed or regulated facility

3 where the person becomes a resident:

4 (1) The mittimus and any pre-sentence investigation

5 reports.

6 (2) The social evaluation prepared pursuant to Section

7 3-8-2.

8 (3) Any pre-release evaluation conducted pursuant to

9 subsection (j) of Section 3-6-2.

10 (4) Reports of disciplinary infractions and

11 dispositions.

12 (5) Any parole plan, including orders issued by the

13 Prisoner Review Board, and any violation reports and

14 dispositions.

15 (6) The name and contact information for the assigned

16 parole agent and parole supervisor.

17 This information shall be provided within 3 days of the

18 person becoming a resident of the facility.

19 (c-10) If a person on parole or mandatory supervised

20 release becomes a resident of a facility licensed or regulated

21 by the Department of Public Health, the Illinois Department of

22 Public Aid, or the Illinois Department of Human Services, the

23 Department of Corrections shall provide written notification

24 of such residence to the following:

25 (1) The Prisoner Review Board.

26 (2) The chief of police and sheriff in the

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1 municipality and county in which the licensed facility is

2 located.

3 The notification shall be provided within 3 days of the

4 person becoming a resident of the facility.

5 (d) Upon the release of a committed person on parole,

6 mandatory supervised release, final discharge, or pardon, the

7 Department shall provide such person with information

8 concerning programs and services of the Illinois Department of

9 Public Health to ascertain whether such person has been

10 exposed to the human immunodeficiency virus (HIV) or any

11 identified causative agent of Acquired Immunodeficiency

12 Syndrome (AIDS).

13 (e) Upon the release of a committed person on parole,

14 mandatory supervised release, final discharge, pardon, or who

15 has been wrongfully imprisoned, the Department shall verify

16 the released person's full name, date of birth, and social

17 security number. If verification is made by the Department by

18 obtaining a certified copy of the released person's birth

19 certificate and the released person's social security card or

20 other documents authorized by the Secretary, the Department

21 shall provide the birth certificate and social security card

22 or other documents authorized by the Secretary to the released

23 person. If verification by the Department is done by means

24 other than obtaining a certified copy of the released person's

25 birth certificate and the released person's social security

26 card or other documents authorized by the Secretary, the

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1 Department shall complete a verification form, prescribed by

2 the Secretary of State, and shall provide that verification

3 form to the released person.

4 (f) Forty-five days prior to the scheduled discharge of a

5 person committed to the custody of the Department of

6 Corrections, the Department shall give the person:

7 (1) who is otherwise uninsured an opportunity to apply

8 for health care coverage including medical assistance

9 under Article V of the Illinois Public Aid Code in

10 accordance with subsection (b) of Section 1-8.5 of the

11 Illinois Public Aid Code, and the Department of

12 Corrections shall provide assistance with completion of

13 the application for health care coverage including medical

14 assistance;

15 (2) information about obtaining a standard Illinois

16 Identification Card or a limited-term Illinois

17 Identification Card under Section 4 of the Illinois

18 Identification Card Act if the person has not been issued

19 an Illinois Identification Card under subsection (a-20) of

20 Section 4 of the Illinois Identification Card Act;

21 (3) information about voter registration and may

22 distribute information prepared by the State Board of

23 Elections. The Department of Corrections may enter into an

24 interagency contract with the State Board of Elections to

25 participate in the automatic voter registration program

26 and be a designated automatic voter registration agency

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1 under Section 1A-16.2 of the Election Code;

2 (4) information about job listings upon discharge from

3 the correctional institution or facility;

4 (5) information about available housing upon discharge

5 from the correctional institution or facility;

6 (6) a directory of elected State officials and of

7 officials elected in the county and municipality, if any,

8 in which the committed person intends to reside upon

9 discharge from the correctional institution or facility;

10 and

11 (7) any other information that the Department of

12 Corrections deems necessary to provide the committed

13 person in order for the committed person to reenter the

14 community and avoid recidivism.

15 (g) Sixty days before the scheduled discharge of a person

16 committed to the custody of the Department or upon receipt of

17 the person's certified birth certificate and social security

18 card as set forth in subsection (d) of Section 3-8-1 of this

19 Act, whichever occurs later, the Department shall transmit an

20 application for an Identification Card to the Secretary of

21 State, in accordance with subsection (a-20) of Section 4 of

22 the Illinois Identification Card Act.

23 (h) Ninety days before the scheduled discharge of a person

24 committed to the custody of the Department of Corrections, the

25 Department shall provide the State's Attorney of the

26 committing county with the sentence calculation conducted by

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1 the Department, including documentation of sentence credit

2 awarded under Section 3-6-3 to the person while the person is

3 serving sentence in a Department of Corrections institution or

4 facility. Such documentation shall include sentence credit

5 awarded for: (1) good conduct in specific instances by the

6 Director of Corrections; (2) passage of high school

7 equivalency testing, if the person has not previously earned a

8 high school diploma or Illinois High School Diploma; (3)

9 obtaining an associate or bachelor's degree, if the person has

10 not previously earned any of those degrees; (4) full-time

11 engagement in substance abuse programs, correctional industry

12 assignments, educational programs, work-release programs or

13 activities in accordance with Article 13 of Chapter III of

14 this Code, behavior modification programs, life skills

15 courses, re-entry planning provided by the Department

16 successfully completed while in the custody of the Department;

17 (5) engagement in self-improvement programs, volunteer work,

18 or work assignments that are not otherwise eligible activities

19 under paragraph (4) of subsection (a) of Section 3-6-3; or (6)

20 other programs or services for which sentence credit may be

21 awarded under Section 3-6-3. The State's Attorney may

22 challenge the calculation and request that the Department

23 recalculate the sentence. Upon recalculating the sentence, the

24 State's Attorney may request the Prisoner Review Board to

25 review and approve the calculation.

26 The Department may adopt rules to implement this Section.

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