Bill Text: IL HB4745 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. Provides that on or after the effective date of the amendatory Act, the Department of Corrections and the Department of Juvenile Justice shall establish procedures to ensure that a committed person convicted of: (1) a sex offense, (2) first degree murder, or (3) second degree murder is discharged from custody within the municipality, or if the committed person was residing in an unincorporated area, the county where the committed person was residing immediately before his or her conviction for the sex offense or murder offense for which the committed person is serving a sentence in the Department of Corrections or the Department of Juvenile Justice. Effective immediately.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB4745 Detail]

Download: Illinois-2023-HB4745-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4745 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1
Amends the Unified Code of Corrections. Provides that on or after the effective date of the amendatory Act, the Department of Corrections and the Department of Juvenile Justice shall establish procedures to ensure that a committed person convicted of: (1) a sex offense, (2) first degree murder, or (3) second degree murder is discharged from custody within the municipality, or if the committed person was residing in an unincorporated area, the county where the committed person was residing immediately before his or her conviction for the sex offense or murder offense for which the committed person is serving a sentence in the Department of Corrections or the Department of Juvenile Justice. Effective immediately.
LRB103 37675 RLC 67802 b
A BILL FOR
HB4745 LRB103 37675 RLC 67802 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

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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) 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 person

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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.
(a-5) On or after the effective date of this amendatory
Act of the 103rd General Assembly, the Department of
Corrections and the Department of Juvenile Justice shall
establish procedures to ensure that a committed person
convicted of: (1) a sex offense, as defined in Section 2 of the
Sex Offender Registration Act, (2) first degree murder, as
defined in Section 9-1 of the Criminal Code of 2012, or (3)
second degree murder, as defined in Section 9-2 of the
Criminal Code of 2012, is discharged from custody within the
municipality, or if the committed person was residing in an
unincorporated area, the county where the committed person was
residing immediately before his or her conviction for the sex
offense or murder offense for which the committed person is
serving a sentence in the Department of Corrections or the
Department of Juvenile Justice.
(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

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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
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

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address.
(c-1) (Blank).
(c-2) The Department shall establish procedures to provide
notice to the Illinois 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
Illinois 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
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.

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(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.
(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

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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
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:
(1) 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

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Corrections shall provide assistance with completion of
the application for health care coverage including medical
assistance;
(2) information about obtaining a standard Illinois
Identification Card or a limited-term Illinois
Identification Card under Section 4 of the Illinois
Identification Card Act if the person has not been issued
an Illinois Identification Card under subsection (a-20) of
Section 4 of the Illinois Identification Card Act;
(3) information about voter registration and may
distribute information prepared by the State Board of
Elections. The Department of Corrections may enter into an
interagency contract with the State Board of Elections to
participate in the automatic voter registration program
and be a designated automatic voter registration agency
under Section 1A-16.2 of the Election Code;
(4) information about job listings upon discharge from
the correctional institution or facility;
(5) information about available housing upon discharge
from the correctional institution or facility;
(6) a directory of elected State officials and of
officials elected in the county and municipality, if any,
in which the committed person intends to reside upon
discharge from the correctional institution or facility;
and
(7) any other information that the Department of

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Corrections deems necessary to provide the committed
person in order for the committed person to reenter the
community and avoid recidivism.
(g) Sixty days before the scheduled discharge of a person
committed to the custody of the Department or upon receipt of
the person's certified birth certificate and social security
card as set forth in subsection (d) of Section 3-8-1 of this
Act, whichever occurs later, the Department shall transmit an
application for an Identification Card to the Secretary of
State, in accordance with subsection (a-20) of Section 4 of
the Illinois Identification Card Act.
The Department may adopt rules to implement this Section.
(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
102-606, eff. 1-1-22; 102-813, eff. 5-13-22; 103-345, eff.
1-1-24.)