Bill Text: IL HB0989 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Election Code. Provides that a person convicted of a felony or otherwise under sentence in a correctional institution or jail shall have his or her right to vote restored and shall be eligible to vote not later than 14 days following his or her conviction. In provisions concerning temporary branch polling places at county jails, provides that a voter entitled to vote in another county, other than the county in which the jail is located, shall be allowed to vote only by mail. Provides that a correctional institution shall make available to a person in its custody current election resource material from the State Board of Elections and current election resource material that is requested by a person in custody and received at the correctional institution from a local election authority in response to the request. Creates the Post-Conviction Task Force to strengthen and improve provisions that restore the right to vote to a person convicted of a felony or otherwise under sentence in a correctional institution or jail. Makes other changes. Amends the Unified Code of Corrections to make conforming changes. Effective June 1, 2023.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced) 2023-02-28 - Added Chief Co-Sponsor Rep. Mark L. Walker [HB0989 Detail]
Download: Illinois-2023-HB0989-Introduced.html
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1 | AN ACT concerning elections.
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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 5. The Illinois Administrative Procedure Act is | |||||||||||||||||||||||||||||||||
5 | amended by adding Section 5-45.35 as follows:
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6 | (5 ILCS 100/5-45.35 new) | |||||||||||||||||||||||||||||||||
7 | Sec. 5-45.35. Emergency rulemaking. To provide for the | |||||||||||||||||||||||||||||||||
8 | expeditious and timely implementation of the
changes made to | |||||||||||||||||||||||||||||||||
9 | the Election
Code and the Unified Code of
Corrections by this | |||||||||||||||||||||||||||||||||
10 | amendatory Act of the 102nd General
Assembly, emergency rules | |||||||||||||||||||||||||||||||||
11 | implementing those changes may be adopted in accordance with | |||||||||||||||||||||||||||||||||
12 | Section 5-45 by the State Board of Elections, except that the | |||||||||||||||||||||||||||||||||
13 | 24-month limitation on the
adoption of emergency rules and the | |||||||||||||||||||||||||||||||||
14 | provisions of Sections
5-115 and 5-125 do not apply to rules | |||||||||||||||||||||||||||||||||
15 | adopted under this
Section. The adoption of emergency rules | |||||||||||||||||||||||||||||||||
16 | authorized by Section 5-45 and this Section is deemed to be | |||||||||||||||||||||||||||||||||
17 | necessary for the public interest, safety, and welfare. | |||||||||||||||||||||||||||||||||
18 | This Section is repealed one year after the effective date | |||||||||||||||||||||||||||||||||
19 | of this amendatory Act of the 103rd General Assembly.
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20 | Section 10. The Election Code is amended by changing | |||||||||||||||||||||||||||||||||
21 | Sections 3-5, 19-2.5, and 19A-20 and by adding Sections 1-22 | |||||||||||||||||||||||||||||||||
22 | and 1-23 as follows:
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1 | (10 ILCS 5/1-22 new) | ||||||
2 | Sec. 1-22. Post-conviction voting. | ||||||
3 | (a) As used in this Section, "correctional institution"
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4 | means any place used to house persons under state supervision | ||||||
5 | or custody,
including, but not limited to, state, federal, or | ||||||
6 | juvenile
facilities, adult transition centers, halfway houses, | ||||||
7 | and
other reentry or rehabilitation programs. | ||||||
8 | (b) A person convicted of a felony, or otherwise under
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9 | sentence in a correctional institution or jail, shall have his
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10 | or her right to vote restored and shall be eligible to vote not
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11 | later than 14 days following his or her conviction.
Persons | ||||||
12 | under any form of
state supervision or custody who are | ||||||
13 | disqualified from voting shall have
their right to vote | ||||||
14 | restored under this Section, including,
but not limited to: | ||||||
15 | persons incarcerated in State, federal, or
juvenile | ||||||
16 | facilities; persons on probation or parole; persons on | ||||||
17 | mandatory supervised release; persons
on work release; persons | ||||||
18 | on furlough; persons released on
electronic monitoring; | ||||||
19 | persons housed in adult transition
centers, halfway houses, or | ||||||
20 | other reentry or rehabilitation
programs; and persons owing | ||||||
21 | court fines or fees. Persons may
not be denied the right to | ||||||
22 | vote because of a past criminal
conviction. | ||||||
23 | (c) Each local election authority shall coordinate with | ||||||
24 | the
correctional institution, Illinois Department of | ||||||
25 | Corrections, and other correctional agencies incarcerating |
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1 | eligible voters to facilitate voting by mail for those voters | ||||||
2 | eligible to vote in that election
jurisdiction who are | ||||||
3 | incarcerated in the correctional
institution. | ||||||
4 | (d) All requirements of the federal Voting Rights Act of
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5 | 1965, including Sections 203 and 208, State and local language
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6 | access requirements, and the federal Americans with
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7 | Disabilities Act and State and local disability access
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8 | requirements shall also apply to voting under this Section. | ||||||
9 | The correctional
institution shall make available to persons | ||||||
10 | in its custody voter registration
applications, vote by mail | ||||||
11 | ballot applications, vote by mail
ballots received at the | ||||||
12 | institution from the local election authority, and other | ||||||
13 | election materials in the languages
provided by the State | ||||||
14 | Board of Elections and local election
authorities. | ||||||
15 | (e) The correctional institution shall make available to a
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16 | person in its custody current election resource material, | ||||||
17 | maintained by the State Board of Elections,
containing | ||||||
18 | detailed information regarding the voting rights of
a person | ||||||
19 | with a criminal conviction in the following formats:
(1) in | ||||||
20 | print; (2) on the correctional institution's website;
and (3) | ||||||
21 | in a visible location on the premises of each
correctional | ||||||
22 | institution where notices are customarily posted.
The | ||||||
23 | correctional institution shall also make available to a person | ||||||
24 | in its custody current election resource material from a local | ||||||
25 | election authority that is requested by that person in its | ||||||
26 | custody and received at the correctional institution from the |
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1 | local election authority in response to that person's request. | ||||||
2 | The correctional institution shall provide resource materials
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3 | to a person in its custody upon intake and release of the
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4 | person on parole, mandatory supervised release, final
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5 | discharge, or pardon from the correctional institution. | ||||||
6 | (f) By December 31, 2023 and by December 31 of each year | ||||||
7 | thereafter, the State Board of Elections, in
coordination and | ||||||
8 | cooperation with correctional institutions and local election | ||||||
9 | authorities, shall prepare a report containing data concerning | ||||||
10 | compliance with this Section,
including the number of voter | ||||||
11 | registrations, vote by mail ballot
applications, vote by mail | ||||||
12 | ballots completed, and voter education packets delivered. | ||||||
13 | (g) A person who has left the person's residence as part of | ||||||
14 | the person's confinement in a
correctional institution and who | ||||||
15 | has not established another
residence for voter registration | ||||||
16 | purposes may not be
considered to have changed or lost | ||||||
17 | residence. The person may
register to vote at the address of | ||||||
18 | the person's last place of residence before the person's | ||||||
19 | confinement in a
correctional institution. | ||||||
20 | (h) The provisions of this Section shall apply to all
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21 | elections beginning with the general election in 2024. | ||||||
22 | (i) The State Board of Elections may adopt rules,
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23 | including emergency rules, to implement the provisions of this | ||||||
24 | Section.
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25 | (10 ILCS 5/1-23 new) |
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1 | Sec. 1-23. Post-Conviction Task Force. | ||||||
2 | (a) The Post-Conviction Task Force is created to | ||||||
3 | strengthen and improve implementation of
the provisions of | ||||||
4 | Section 1-22 that restore the right to vote
to a person | ||||||
5 | convicted of a felony, or otherwise under
sentence in a | ||||||
6 | correctional institution or jail, and to provide
voting access | ||||||
7 | while under sentence in a correctional
institution or jail. | ||||||
8 | (b) The members of the Task Force shall be as follows: | ||||||
9 | (1) the Chair of the State Board of Elections, or the | ||||||
10 | Chair's designee, who shall serve as Chair of the Task
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11 | Force; | ||||||
12 | (2) the Director of Corrections, or the Director's
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13 | designee; | ||||||
14 | (3) the Secretary of State, or the Secretary of | ||||||
15 | State's designee; | ||||||
16 | (4) a representative from a statewide organization
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17 | that represents county clerks, appointed by the chair of
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18 | the State Board of Elections; | ||||||
19 | (5) a representative from 2 separate Illinois | ||||||
20 | organizations
advocating against voter | ||||||
21 | disenfranchisement, with one representative appointed by
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22 | the President of the Senate and one representative | ||||||
23 | appointed by the Speaker of the House of Representatives; | ||||||
24 | and | ||||||
25 | (6) 4 members from the General Assembly, with one
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26 | member appointed by the President of the Senate, one
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1 | member appointed by the Senate Minority Leader, one member
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2 | appointed by the Speaker of the House of Representatives,
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3 | and one member appointed by the House Minority Leader. | ||||||
4 | (c) The State Board of Elections shall provide
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5 | administrative and other support to the Task Force. | ||||||
6 | (d) On or before July 1, 2023, the Task Force members shall | ||||||
7 | be appointed. On or before September 1, 2023, the Task Force | ||||||
8 | shall
prepare a status report that summarizes its work and | ||||||
9 | makes
recommendations on the implementation of provisions | ||||||
10 | restoring voting
rights to a person convicted of a felony or | ||||||
11 | otherwise under
sentence in a correctional institution or jail | ||||||
12 | and providing
access to vote while under sentence in a | ||||||
13 | correctional
institution or jail. On or before January 1, | ||||||
14 | 2024, the Task Force shall prepare a comprehensive report that | ||||||
15 | summarizes its work and the implementation and administration | ||||||
16 | of the 2024 general election. The report shall include
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17 | recommendations for strengthening and improving implementation | ||||||
18 | of restoring voting
rights to a person convicted of a felony or | ||||||
19 | otherwise under
sentence in a correctional institution or jail | ||||||
20 | and providing
access to vote while under sentence in a | ||||||
21 | correctional
institution. | ||||||
22 | (e) The Task Force is dissolved and this Section is
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23 | repealed on January 1, 2026.
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24 | (10 ILCS 5/3-5) (from Ch. 46, par. 3-5)
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25 | Sec. 3-5. Confinement or detention in a jail. No person |
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1 | who has been legally convicted, in this
or another state or in | ||||||
2 | any federal court, of any crime, and
is serving a sentence of | ||||||
3 | confinement in any penal institution,
or who has been | ||||||
4 | convicted under any Section of this Code and is
serving a | ||||||
5 | sentence of confinement in any penal institution,
shall vote, | ||||||
6 | offer to vote, attempt to vote or be permitted
to vote at any | ||||||
7 | election until his release from confinement.
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8 | Confinement for purposes of this Section shall include any
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9 | person convicted and imprisoned but granted a furlough as
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10 | provided by Section 3-11-1 of the Unified Code of Corrections,
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11 | or admitted to a work release program as provided by Section
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12 | 3-13-2 of the Unified Code of Corrections. Confinement shall
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13 | not include any person convicted and imprisoned but released | ||||||
14 | on parole.
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15 | Confinement or detention in a jail pending acquittal or
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16 | conviction of a crime is not a disqualification for voting.
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17 | (Source: P.A. 100-863, eff. 8-14-18.)
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18 | (10 ILCS 5/19-2.5) | ||||||
19 | Sec. 19-2.5. Notice for vote by mail ballot. | ||||||
20 | (a) An election authority shall notify all qualified | ||||||
21 | voters, not more than 90 days nor less than 45 days before a | ||||||
22 | general or consolidated election, of the option for permanent | ||||||
23 | vote by mail status using the following notice and including | ||||||
24 | the application for permanent vote by mail status in | ||||||
25 | subsection (b) of Section 19-3: |
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1 | "You may apply to permanently be placed on vote by mail | ||||||
2 | status using the attached application.".
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3 | (b) A person completing a voter registration application
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4 | or submitting a change of address shall be notified of the
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5 | option to receive a vote by mail ballot. Upon request of the
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6 | person, the voter registration application or change of | ||||||
7 | address form shall serve as an application to
receive an | ||||||
8 | official vote by mail ballot, and the individual
need not | ||||||
9 | complete a separate vote by mail application. An elector who | ||||||
10 | is a resident
of a location covered by Section 203 of the | ||||||
11 | federal Voting
Rights Act of 1965 or local language access | ||||||
12 | requirements must
be offered a voter registration application | ||||||
13 | in a language of the applicable minority group and must be able | ||||||
14 | to request a vote by mail ballot in
the language of the | ||||||
15 | applicable minority group. Upon processing the voter | ||||||
16 | registration application and accepting the application without | ||||||
17 | rejection, the
election authority shall provide the individual | ||||||
18 | with an
official vote by mail ballot for the next occurring | ||||||
19 | election. | ||||||
20 | (Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21.)
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21 | (10 ILCS 5/19A-20)
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22 | Sec. 19A-20. Temporary branch polling places.
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23 | (a) In addition to permanent polling places for early | ||||||
24 | voting, the election
authority may establish temporary branch | ||||||
25 | polling places for early voting.
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1 | (b) The provisions of subsection (b) of Section 19A-15 do | ||||||
2 | not apply to a
temporary polling place. Voting at a temporary | ||||||
3 | branch polling place may be
conducted on any one or more days | ||||||
4 | and during any hours within the period for
early voting by | ||||||
5 | personal appearance that are determined by the election
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6 | authority.
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7 | (c) The schedules for conducting voting do not need to be | ||||||
8 | uniform among the
temporary branch polling places.
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9 | (d) The legal rights and remedies which inure to the owner | ||||||
10 | or lessor of
private property are not impaired or otherwise | ||||||
11 | affected by the leasing of the
property for use as a temporary | ||||||
12 | branch polling place for early voting, except
to the extent | ||||||
13 | necessary to conduct early voting at that location.
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14 | (e) In a county with a population of: | ||||||
15 | (1) 3,000,000 or more, the election authority in the | ||||||
16 | county shall establish a temporary branch polling place | ||||||
17 | under this Section in the county jail. Only a resident of a | ||||||
18 | county who is in custody at the county jail and who has not | ||||||
19 | been convicted of the offense for which the resident is in | ||||||
20 | custody is eligible to vote at a temporary branch polling | ||||||
21 | place established under this paragraph (1). The temporary | ||||||
22 | branch polling place established under this paragraph (1) | ||||||
23 | shall allow a voter to vote in the same elections that the | ||||||
24 | voter would be entitled to vote in where the voter | ||||||
25 | resides , except that a voter entitled to vote in another | ||||||
26 | county, other than the county in which the jail is |
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1 | located, shall be allowed to vote only by mail . To the | ||||||
2 | maximum extent feasible, voting booths or screens shall be | ||||||
3 | provided to ensure the privacy of the voter. | ||||||
4 | (2) less than 3,000,000, the sheriff may establish a | ||||||
5 | temporary branch polling place at the county jail. Only a | ||||||
6 | resident of a county who is in custody at the county jail | ||||||
7 | and who has not been convicted of the offense for which the | ||||||
8 | resident is in custody is eligible to vote at a temporary | ||||||
9 | branch polling place established under this paragraph (2). | ||||||
10 | A temporary branch polling place established under this | ||||||
11 | paragraph (2) shall allow a voter to vote in the same | ||||||
12 | elections that the voter would be entitled to vote in | ||||||
13 | where the voter resides , except that a voter entitled to | ||||||
14 | vote in another county, other than the county in which the | ||||||
15 | jail is located, shall be allowed to vote only by mail . To | ||||||
16 | the maximum extent feasible, voting booths or screens | ||||||
17 | shall be provided to ensure the privacy of the voter. | ||||||
18 | All provisions of this Code applicable to pollwatchers | ||||||
19 | shall apply to a temporary branch polling place under this | ||||||
20 | subsection (e), subject to approval from the election | ||||||
21 | authority and the county jail, except that nonpartisan | ||||||
22 | pollwatchers shall be limited to one per division within the | ||||||
23 | jail instead of one per precinct. A county that establishes a | ||||||
24 | temporary branch polling place inside a county jail in | ||||||
25 | accordance with this subsection (e) shall adhere to all | ||||||
26 | requirements of this subsection (e). All requirements of the |
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1 | federal Voting Rights Act of 1965 and Sections 203 and 208 of | ||||||
2 | the federal Americans with Disabilities Act shall apply to | ||||||
3 | this subsection (e). | ||||||
4 | (Source: P.A. 101-442, eff. 1-1-20; 102-15, eff. 6-17-21.)
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5 | Section 15. The Unified Code of Corrections is amended by | ||||||
6 | changing Sections 3-14-1 and 5-5-5 as follows:
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7 | (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
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8 | Sec. 3-14-1. Release from the institution.
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9 | (a) Upon release of a person on parole, mandatory release, | ||||||
10 | final
discharge, or pardon, the Department shall return all | ||||||
11 | property held for
him, provide him with suitable clothing and | ||||||
12 | procure necessary
transportation for him to his designated | ||||||
13 | place of residence and
employment. It may provide such person | ||||||
14 | with a grant of money for travel and
expenses which may be paid | ||||||
15 | in installments. The amount of the money grant
shall be | ||||||
16 | determined by the Department.
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17 | (a-1) The Department shall, before a wrongfully imprisoned | ||||||
18 | person, as defined in Section 3-1-2 of this Code, is | ||||||
19 | discharged from the Department, provide him or her with any | ||||||
20 | documents necessary after discharge. | ||||||
21 | (a-2) The Department of Corrections may establish and | ||||||
22 | maintain, in any institution
it administers, revolving funds | ||||||
23 | to be known as "Travel and Allowances Revolving
Funds". These | ||||||
24 | 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.
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5 | (a-3) (Blank). Upon release of a person who is eligible to | ||||||
6 | vote on parole, mandatory release, final discharge, or pardon, | ||||||
7 | the Department shall provide the person with a form that | ||||||
8 | informs him or her that his or her voting rights have been | ||||||
9 | restored and a voter registration application. The Department | ||||||
10 | shall have available voter registration applications in the | ||||||
11 | languages provided by the Illinois State Board of Elections. | ||||||
12 | The form that informs the person that his or her rights have | ||||||
13 | been 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).
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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
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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
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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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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; | ||||||
19 | (3) information about voter registration and may | ||||||
20 | distribute information prepared by the State Board of | ||||||
21 | Elections. The Department of Corrections may enter into an | ||||||
22 | interagency contract with the State Board of Elections to | ||||||
23 | participate in the automatic voter registration program | ||||||
24 | and be a designated automatic voter registration agency | ||||||
25 | under Section 1A-16.2 of the Election Code; | ||||||
26 | (4) information about job listings upon discharge from |
| |||||||
| |||||||
1 | the correctional institution or facility; | ||||||
2 | (5) information about available housing upon discharge | ||||||
3 | from the correctional institution or facility; | ||||||
4 | (6) a directory of elected State officials and of | ||||||
5 | officials elected in the county and municipality, if any, | ||||||
6 | in which the committed person intends to reside upon | ||||||
7 | discharge from the correctional institution or facility; | ||||||
8 | and | ||||||
9 | (7) any other information that the Department of | ||||||
10 | Corrections deems necessary to provide the committed | ||||||
11 | person in order for the committed person to reenter the | ||||||
12 | community and avoid recidivism. | ||||||
13 | The Department may adopt rules to implement this Section. | ||||||
14 | (Source: P.A. 101-351, eff. 1-1-20; 101-442, eff. 1-1-20; | ||||||
15 | 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-606, eff. | ||||||
16 | 1-1-22; 102-813, eff. 5-13-22.)
| ||||||
17 | (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
| ||||||
18 | Sec. 5-5-5. Loss and restoration of rights.
| ||||||
19 | (a) Conviction and disposition shall not entail the loss | ||||||
20 | by the
defendant of any civil rights, except under this | ||||||
21 | Section and Sections 29-6
and 29-10 of The Election Code, as | ||||||
22 | now or hereafter amended.
| ||||||
23 | (b) A person convicted of a felony shall be ineligible to | ||||||
24 | hold an office
created by the Constitution of this State until | ||||||
25 | the completion of his sentence.
|
| |||||||
| |||||||
1 | (c) A person convicted of a felony or otherwise under | ||||||
2 | sentence in a correctional institution or jail shall have his | ||||||
3 | or her right to vote restored not later than 14 days following | ||||||
4 | his or her conviction sentenced to imprisonment shall lose his | ||||||
5 | right to vote
until released from imprisonment .
| ||||||
6 | (d) On completion of sentence of imprisonment or upon | ||||||
7 | discharge from
probation, conditional discharge or periodic | ||||||
8 | imprisonment, or at any time
thereafter, all license rights | ||||||
9 | and privileges
granted under the authority of this State which | ||||||
10 | have been revoked or
suspended because of conviction of an | ||||||
11 | offense shall be restored unless the
authority having | ||||||
12 | jurisdiction of such license rights finds after
investigation | ||||||
13 | and hearing that restoration is not in the public interest.
| ||||||
14 | This paragraph (d) shall not apply to the suspension or | ||||||
15 | revocation of a
license to operate a motor vehicle under the | ||||||
16 | Illinois Vehicle Code.
| ||||||
17 | (e) Upon a person's discharge from incarceration or | ||||||
18 | parole, or upon a
person's discharge from probation or at any | ||||||
19 | time thereafter, the committing
court may enter an order | ||||||
20 | certifying that the sentence has been
satisfactorily completed | ||||||
21 | when the court believes it would assist in the
rehabilitation | ||||||
22 | of the person and be consistent with the public welfare.
Such | ||||||
23 | order may be entered upon the motion of the defendant or the | ||||||
24 | State or
upon the court's own motion.
| ||||||
25 | (f) Upon entry of the order, the court shall issue to the | ||||||
26 | person in
whose favor the order has been entered a certificate |
| |||||||
| |||||||
1 | stating that his
behavior after conviction has warranted the | ||||||
2 | issuance of the order.
| ||||||
3 | (g) This Section shall not affect the right of a defendant | ||||||
4 | to
collaterally attack his conviction or to rely on it in bar | ||||||
5 | of subsequent
proceedings for the same offense.
| ||||||
6 | (h) No application for any license specified in subsection | ||||||
7 | (i) of this
Section granted under the
authority of this State | ||||||
8 | shall be denied by reason of an eligible offender who
has | ||||||
9 | obtained a certificate of relief from disabilities, as
defined | ||||||
10 | in Article 5.5 of this Chapter, having been previously | ||||||
11 | convicted of one
or more
criminal offenses, or by reason of a | ||||||
12 | finding of lack of "good moral
character" when the finding is | ||||||
13 | based upon the fact that the applicant has
previously been | ||||||
14 | convicted of one or more criminal offenses, unless:
| ||||||
15 | (1) there is a direct relationship between one or more | ||||||
16 | of the previous
criminal offenses and the specific license | ||||||
17 | sought; or
| ||||||
18 | (2) the issuance of the license would
involve an | ||||||
19 | unreasonable risk to property or to the safety or welfare | ||||||
20 | of
specific individuals or the general public.
| ||||||
21 | In making such a determination, the licensing agency shall | ||||||
22 | consider the
following factors:
| ||||||
23 | (1) the public policy of this State, as expressed in | ||||||
24 | Article 5.5 of this
Chapter, to encourage the licensure | ||||||
25 | and employment of persons previously
convicted of one or | ||||||
26 | more criminal offenses;
|
| |||||||
| |||||||
1 | (2) the specific duties and responsibilities | ||||||
2 | necessarily related to the
license being sought;
| ||||||
3 | (3) the bearing, if any, the criminal offenses or | ||||||
4 | offenses for which the
person
was previously convicted | ||||||
5 | will have on his or her fitness or ability to perform
one | ||||||
6 | or
more such duties and responsibilities;
| ||||||
7 | (4) the time which has elapsed since the occurrence of | ||||||
8 | the criminal
offense or offenses;
| ||||||
9 | (5) the age of the person at the time of occurrence of | ||||||
10 | the criminal
offense or offenses;
| ||||||
11 | (6) the seriousness of the offense or offenses;
| ||||||
12 | (7) any information produced by the person or produced | ||||||
13 | on his or her
behalf in
regard to his or her rehabilitation | ||||||
14 | and good conduct, including a certificate
of relief from | ||||||
15 | disabilities issued to the applicant, which certificate | ||||||
16 | shall
create a presumption of rehabilitation in regard to | ||||||
17 | the offense or offenses
specified in the certificate; and
| ||||||
18 | (8) the legitimate interest of the licensing agency in | ||||||
19 | protecting
property, and
the safety and welfare of | ||||||
20 | specific individuals or the general public.
| ||||||
21 | (i) A certificate of relief from disabilities shall be | ||||||
22 | issued only
for a
license or certification issued under the | ||||||
23 | following Acts:
| ||||||
24 | (1) the Animal Welfare Act; except that a certificate | ||||||
25 | of relief from
disabilities may not be granted
to provide | ||||||
26 | for
the
issuance or restoration of a license under the |
| |||||||
| |||||||
1 | Animal Welfare Act for any
person convicted of violating | ||||||
2 | Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane | ||||||
3 | Care for Animals Act or Section 26-5 or 48-1 of the | ||||||
4 | Criminal Code of
1961 or the Criminal Code of 2012;
| ||||||
5 | (2) the Illinois Athletic Trainers Practice Act;
| ||||||
6 | (3) the Barber, Cosmetology, Esthetics, Hair Braiding, | ||||||
7 | and Nail Technology Act of 1985;
| ||||||
8 | (4) the Boiler and Pressure Vessel Repairer Regulation | ||||||
9 | Act;
| ||||||
10 | (5) the Boxing and Full-contact Martial Arts Act;
| ||||||
11 | (6) the Illinois Certified Shorthand Reporters Act of | ||||||
12 | 1984;
| ||||||
13 | (7) the Illinois Farm Labor Contractor Certification | ||||||
14 | Act;
| ||||||
15 | (8) the Registered Interior Designers Act;
| ||||||
16 | (9) the Illinois Professional Land Surveyor Act of | ||||||
17 | 1989;
| ||||||
18 | (10) the Landscape Architecture Registration Act;
| ||||||
19 | (11) the Marriage and Family Therapy Licensing Act;
| ||||||
20 | (12) the Private Employment Agency Act;
| ||||||
21 | (13) the Professional Counselor and Clinical | ||||||
22 | Professional Counselor
Licensing and Practice
Act;
| ||||||
23 | (14) the Real Estate License Act of 2000;
| ||||||
24 | (15) the Illinois Roofing Industry Licensing Act; | ||||||
25 | (16) the Professional Engineering Practice Act of | ||||||
26 | 1989; |
| |||||||
| |||||||
1 | (17) the Water Well and Pump Installation Contractor's | ||||||
2 | License Act; | ||||||
3 | (18) the Electrologist Licensing Act;
| ||||||
4 | (19) the Auction License Act; | ||||||
5 | (20) the Illinois Architecture Practice Act of 1989; | ||||||
6 | (21) the Dietitian Nutritionist Practice Act; | ||||||
7 | (22) the Environmental Health Practitioner Licensing | ||||||
8 | Act; | ||||||
9 | (23) the Funeral Directors and Embalmers Licensing | ||||||
10 | Code; | ||||||
11 | (24) (blank); | ||||||
12 | (25) the Professional Geologist Licensing Act; | ||||||
13 | (26) the Illinois Public Accounting Act; and | ||||||
14 | (27) the Structural Engineering Practice Act of 1989.
| ||||||
15 | (Source: P.A. 102-284, eff. 8-6-21.)
|