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| Public Act 099-0415
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| HB3270 Enrolled | LRB099 09148 KTG 29345 b |
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AN ACT concerning public aid.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Public Aid Code is amended by |
changing Section 1-8.5 as follows:
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(305 ILCS 5/1-8.5) |
Sec. 1-8.5. Eligibility for medical assistance during |
periods of incarceration or detention. |
(a) To the extent permitted by federal law and |
notwithstanding any other provision of this Code, the |
Department of Healthcare and Family Services shall not cancel a |
person's eligibility for medical assistance, nor shall the |
Department deny a person's application for medical assistance, |
solely because that person has become or is an inmate of a |
public institution, including, but not limited to, a county |
jail, juvenile detention center, or State correctional |
facility. The person may be and remain enrolled for medical |
assistance as long as all other eligibility criteria are met. |
(b) The Department may adopt rules to permit a person to |
apply for medical assistance while he or she is an inmate of a |
public institution as described in subsection (a). The rules |
may limit applications to persons who would be likely to |
qualify for medical assistance if they resided in the |
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community. Any such person who is not already enrolled for |
medical assistance may apply for medical assistance prior to |
the date of scheduled release or discharge from a penal |
institution or county jail or similar status. |
(c) Except as provided under Section 17 of the County Jail |
Act, the Department shall not be responsible to provide medical |
assistance under this Code for any medical care, services, or |
supplies provided to a person while he or she is an inmate of a |
public institution as described in subsection (a). The |
responsibility for providing medical care shall remain as |
otherwise provided by law with the Department of Corrections, |
county, or other arresting authority. The Department may seek |
federal financial participation, to the extent that it is |
available and with the cooperation of the Department of |
Juvenile Justice, the Department of Corrections, or the |
relevant county, for the costs of those services. |
(d) To the extent permitted under State and federal law, |
the Department shall develop procedures to expedite required |
periodic reviews of continued eligibility for persons |
described in subsection (a). |
(e) Counties, the Department of Juvenile Justice, the |
Department of Human Services, and the Department of Corrections |
shall cooperate with the Department in administering this |
Section. That cooperation shall include managing eligibility |
processing and sharing information sufficient to inform the |
Department, in a manner established by the Department, that a |
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person enrolled in the medical assistance program has been |
detained or incarcerated. |
(f) The Department shall resume responsibility for |
providing medical assistance upon release of the person to the |
community as long as all of the following apply: |
(1) The person is enrolled for medical assistance at |
the time of release. |
(2) Neither a county, the Department of Juvenile |
Justice, the Department of Corrections, nor any other |
criminal justice authority continues to bear |
responsibility for the person's medical care. |
(3) The county, the Department of Juvenile Justice, or |
the Department of Corrections provides timely notice of the |
date of release in a manner established by the Department. |
(g) This Section applies on and after December 31, 2011.
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(Source: P.A. 98-139, eff. 1-1-14.)
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Section 10. The Unified Code of Corrections is amended by |
changing Section 3-14-1 as follows:
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(730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
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Sec. 3-14-1. Release from the Institution.
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(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 |
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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.
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(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, including an identification card |
under subsection (e) of this Section. |
(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.
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(b) (Blank).
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(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 |
convicted of a felony to the State's Attorney
and sheriff of |
the county from which the offender was committed, and the
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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 |
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procedures to provide written notification to
the proper law |
enforcement agency for any municipality of any release of any
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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
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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
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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 |
address.
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(c-1) (Blank). |
(c-2) The Department shall establish procedures to provide |
notice to the Department of State Police of the release or |
discharge of persons convicted of violations of the |
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Methamphetamine Control and Community
Protection Act or a |
violation of the Methamphetamine Precursor Control Act. The |
Department of 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. |
(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.
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This information shall be provided within 3 days of the |
person becoming a resident of the facility.
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(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.
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(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
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causative agent of Acquired Immunodeficiency Syndrome (AIDS).
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(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 provide |
the person
who has met the criteria established by the |
Department with an identification
card identifying the
person |
as being on parole, mandatory supervised release, final |
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discharge,
pardon, or wrongfully imprisoned, as the case may |
be. The Department, in consultation with the Office of
the |
Secretary of State, shall prescribe the form of the |
identification card,
which may be similar to the form of the |
standard Illinois Identification Card.
The Department shall |
inform the committed person that he or she may present the
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identification card to the Office of the Secretary of State |
upon application
for a standard Illinois Identification Card in |
accordance with the Illinois
Identification Card Act. The |
Department shall require the committed person to
pay a $1 fee |
for the identification card.
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For purposes of a committed person
receiving an |
identification card issued by the Department under this
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subsection, the Department shall establish criteria that the
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committed person must meet before the card is issued.
It is the |
sole responsibility of the
committed person requesting the |
identification card issued by the Department to
meet the |
established criteria.
The person's failure to
meet the criteria |
is sufficient reason to deny the committed person the
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identification card. An identification card issued by the |
Department under
this subsection shall be valid for a period of |
time not to exceed 30 calendar
days from the date the card is |
issued.
The Department shall not be held civilly or
criminally |
liable to anyone because of any act of any person utilizing a |
card
issued by the Department under this subsection.
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The Department shall adopt
rules governing the issuance of |
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identification cards to committed persons being
released on |
parole, mandatory supervised release, final
discharge, or |
pardon.
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(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 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 Corrections shall provide assistance with |
completion of the application for health care coverage |
including medical assistance. The Department may adopt rules to |
implement this Section. |
(Source: P.A. 97-560, eff. 1-1-12; 97-813, eff. 7-13-12; |
98-267, eff. 1-1-14.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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