|
Rep. Naomi D. Jakobsson
Filed: 3/19/2013
| | 09800HB3029ham001 | | LRB098 07196 RLC 43462 a |
|
|
| 1 | | AMENDMENT TO HOUSE BILL 3029
|
| 2 | | AMENDMENT NO. ______. Amend House Bill 3029 by replacing |
| 3 | | everything after the enacting clause with the following:
|
| 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 |
|
| | 09800HB3029ham001 | - 2 - | LRB098 07196 RLC 43462 a |
|
|
|
| 1 | | person, as defined in Section 3-1-2 of this Code, is discharged |
| 2 | | from the Department, provide him or her with any documents |
| 3 | | necessary after discharge, including an identification card |
| 4 | | under subsection (e) of this Section. |
| 5 | | (a-2) The Department of Corrections may establish and |
| 6 | | maintain, in any institution
it administers, revolving funds to |
| 7 | | be known as "Travel and Allowances Revolving
Funds". These |
| 8 | | revolving funds shall be used for advancing travel and expense
|
| 9 | | allowances to committed, paroled, and discharged prisoners. |
| 10 | | The moneys
paid into such revolving funds shall be from |
| 11 | | appropriations to the Department
for Committed, Paroled, and |
| 12 | | Discharged Prisoners.
|
| 13 | | (b) (Blank).
|
| 14 | | (c) Except as otherwise provided in this Code, the |
| 15 | | Department shall
establish procedures to provide written |
| 16 | | notification of any release of any
person who has been |
| 17 | | convicted of a felony to the State's Attorney
and sheriff of |
| 18 | | the county from which the offender was committed, and the
|
| 19 | | State's Attorney and sheriff of the county into which the |
| 20 | | offender is to be
paroled or released. Except as otherwise |
| 21 | | provided in this Code, the
Department shall establish |
| 22 | | procedures to provide written notification to
the proper law |
| 23 | | enforcement agency for any municipality of any release of any
|
| 24 | | person who has been convicted of a felony if the arrest of the |
| 25 | | offender or the
commission of the offense took place in the |
| 26 | | municipality, if the offender is to
be paroled or released into |
|
| | 09800HB3029ham001 | - 3 - | LRB098 07196 RLC 43462 a |
|
|
|
| 1 | | the municipality, or if the offender resided in the
|
| 2 | | municipality at the time of the commission of the offense. If a |
| 3 | | person
convicted of a felony who is in the custody of the |
| 4 | | Department of Corrections or
on parole or mandatory supervised |
| 5 | | release informs the Department that he or she
has resided, |
| 6 | | resides, or will
reside at an address that is a housing |
| 7 | | facility owned, managed,
operated, or leased by a public |
| 8 | | housing agency, the Department must send
written notification |
| 9 | | of that information to the public housing agency that
owns, |
| 10 | | manages, operates, or leases the housing facility. The written
|
| 11 | | notification shall, when possible, be given at least 14 days |
| 12 | | before release of
the person from custody, or as soon |
| 13 | | thereafter as possible. The written notification shall be |
| 14 | | provided electronically if the State's Attorney, sheriff, |
| 15 | | proper law enforcement agency, or public housing agency has |
| 16 | | provided the Department with an accurate and up to date email |
| 17 | | address.
|
| 18 | | (c-1) (Blank). |
| 19 | | (c-2) The Department shall establish procedures to provide |
| 20 | | notice to the Department of State Police of the release or |
| 21 | | discharge of persons convicted of violations of the |
| 22 | | Methamphetamine Control and Community
Protection Act or a |
| 23 | | violation of the Methamphetamine Precursor Control Act. The |
| 24 | | Department of State Police shall make this information |
| 25 | | available to local, State, or federal law enforcement agencies |
| 26 | | upon request. |
|
| | 09800HB3029ham001 | - 4 - | LRB098 07196 RLC 43462 a |
|
|
|
| 1 | | (c-5) If a person on parole or mandatory supervised release |
| 2 | | becomes a resident of a facility licensed or regulated by the |
| 3 | | Department of Public Health, the Illinois Department of Public |
| 4 | | Aid, or the Illinois Department of Human Services, the |
| 5 | | Department of Corrections shall provide copies of the following |
| 6 | | information to the appropriate licensing or regulating |
| 7 | | Department and the licensed or regulated facility where the |
| 8 | | person becomes a resident: |
| 9 | | (1) The mittimus and any pre-sentence investigation |
| 10 | | reports. |
| 11 | | (2) The social evaluation prepared pursuant to Section |
| 12 | | 3-8-2. |
| 13 | | (3) Any pre-release evaluation conducted pursuant to |
| 14 | | subsection (j) of Section 3-6-2. |
| 15 | | (4) Reports of disciplinary infractions and |
| 16 | | dispositions. |
| 17 | | (5) Any parole plan, including orders issued by the |
| 18 | | Prisoner Review Board, and any violation reports and |
| 19 | | dispositions. |
| 20 | | (6) The name and contact information for the assigned |
| 21 | | parole agent and parole supervisor.
|
| 22 | | This information shall be provided within 3 days of the |
| 23 | | person becoming a resident of the facility.
|
| 24 | | (c-10) If a person on parole or mandatory supervised |
| 25 | | release becomes a resident of a facility licensed or regulated |
| 26 | | by the Department of Public Health, the Illinois Department of |
|
| | 09800HB3029ham001 | - 5 - | LRB098 07196 RLC 43462 a |
|
|
|
| 1 | | Public Aid, or the Illinois Department of Human Services, the |
| 2 | | Department of Corrections shall provide written notification |
| 3 | | of such residence to the following: |
| 4 | | (1) The Prisoner Review Board. |
| 5 | | (2) The
chief of police and sheriff in the municipality |
| 6 | | and county in which the licensed facility is located. |
| 7 | | The notification shall be provided within 3 days of the |
| 8 | | person becoming a resident of the facility.
|
| 9 | | (d) Upon the release of a committed person on parole, |
| 10 | | mandatory
supervised release, final discharge or pardon, the |
| 11 | | Department shall provide
such person with information |
| 12 | | concerning programs and services of the
Illinois Department of |
| 13 | | Public Health to ascertain whether such person has
been exposed |
| 14 | | to the human immunodeficiency virus (HIV) or any identified
|
| 15 | | causative agent of Acquired Immunodeficiency Syndrome (AIDS).
|
| 16 | | (e) Upon the release of a committed person on parole, |
| 17 | | mandatory supervised
release, final discharge, pardon, or who |
| 18 | | has been wrongfully imprisoned, the Department shall provide |
| 19 | | the person
who has met the criteria established by the |
| 20 | | Department with an identification
card identifying the
person |
| 21 | | as being on parole, mandatory supervised release, final |
| 22 | | discharge,
pardon, or wrongfully imprisoned, as the case may |
| 23 | | be. The Department, in consultation with the Office of
the |
| 24 | | Secretary of State, shall prescribe the form of the |
| 25 | | identification card,
which may be similar to the form of the |
| 26 | | standard Illinois Identification Card.
The Department shall |
|
| | 09800HB3029ham001 | - 6 - | LRB098 07196 RLC 43462 a |
|
|
|
| 1 | | inform the committed person that he or she may present the
|
| 2 | | identification card to the Office of the Secretary of State |
| 3 | | upon application
for a standard Illinois Identification Card in |
| 4 | | accordance with the Illinois
Identification Card Act. The |
| 5 | | Department shall require the committed person to
pay a $1 fee |
| 6 | | for the identification card.
|
| 7 | | For purposes of a committed person
receiving an |
| 8 | | identification card issued by the Department under this
|
| 9 | | subsection, the Department shall establish criteria that the
|
| 10 | | committed person must meet before the card is issued.
It is the |
| 11 | | sole responsibility of the
committed person requesting the |
| 12 | | identification card issued by the Department to
meet the |
| 13 | | established criteria.
The person's failure to
meet the criteria |
| 14 | | is sufficient reason to deny the committed person the
|
| 15 | | identification card. An identification card issued by the |
| 16 | | Department under
this subsection shall be valid for a period of |
| 17 | | time not to exceed 30 calendar
days from the date the card is |
| 18 | | issued.
The Department shall not be held civilly or
criminally |
| 19 | | liable to anyone because of any act of any person utilizing a |
| 20 | | card
issued by the Department under this subsection.
|
| 21 | | The Department shall adopt
rules governing the issuance of |
| 22 | | identification cards to committed persons being
released on |
| 23 | | parole, mandatory supervised release, final
discharge, or |
| 24 | | pardon.
|
| 25 | | (Source: P.A. 96-1550, eff. 7-1-11; 97-560, eff. 1-1-12; |
| 26 | | 97-813, eff. 7-13-12.)".
|