Bill Text: IL HB3653 | 2019-2020 | 101st General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Creates the Statewide Use of Force Standardization Act. Provides that it is the intent of the General Assembly to establish statewide use of force standards for law enforcement agencies. Creates the No Representation Without Population Act. Provides that the State Board of Elections shall prepare redistricting population data to reflect incarcerated persons at their residential address prior to incarceration. Provides that this data shall be the basis of the Legislative and Representative Districts required to be created pursuant to Section 3 of Article IV of the Illinois Constitution. Provides that incarcerated populations residing at unknown geographic locations within the State shall not be used to determine the ideal population of any set of districts, wards, or precincts. Creates the Reporting of Deaths in Custody Act. Provides that the Illinois Criminal Justice Information Authority shall create a standardized form to be used for the purpose of collecting information about persons who die in custody of a law agency, a local or State correctional facility in the State, or a peace officer. Creates the Task Force on Constitutional Rights and Remedies Act. Creates the Task Force on Constitutional Rights and Remedies. Provides that the Task Force shall review available research, best practices, and effective interventions to formulate recommendations. Provides that the Task Force shall produce a report detailing the Task Force's findings and recommendations and needed resources. The Task Force shall submit a report of its findings and recommendations to the General Assembly and the Governor. Amends the Illinois Public Labor Relations Act. Provides that notwithstanding any provision of this Act, employers shall not be required to bargain over matters relating to the discipline or discharge of peace officers. Provisions in existing collective bargaining agreements that address the discipline or discharge of peace officers shall lapse by operation of law on the renewal or extension of existing collective bargaining agreements by whatever means, or the approval of a collective bargaining agreement by the corporate authorities of the employer after the effective date of this Act, without imposing a duty to bargain on employers. Amends the Criminal Code of 2012. Makes it official misconduct for an employee of a law enforcement agency to knowingly fail to turn on or turn off an officer-worn body camera when there is a reasonable opportunity to act in a manner that is consistent with the officer-worn body camera policy of the respective law enforcement agency or when he or she knowingly uses or communicates, directly or indirectly, information acquired in the course of employment. Provides that an employee of a law enforcement agency commits misconduct when he or she knowingly misrepresents facts describing an incident in a police report or during investigations regarding the law enforcement employee's conduct. Amends the Code of Criminal Procedure of 1963. Abolishes cash bail. Provides for pretrial release and eligibility for that release. Amends various Acts to make conforming changes. Amends the Unified Code of Corrections. Changes the terms for mandatory supervised release. Makes other changes. Amends the Open Meetings Act. Provides that deliberations for decisions of the Illinois State Police Merit Board, the Illinois Law Enforcement Training Standards Board and the Certification Review Panel regarding certification and decertification of law enforcement officers are not open meetings under the Act. Amends the Freedom of Information Act. Provides that information which is prohibited from disclosure by the Illinois Police Training Act is not subject to disclosure under the Act. Provides that records contained in the Officer Professional Conduct Database, except to the extent authorized under that provision are not subject to disclosure under the Act. Amends the State Employee Indemnification Act. Includes in the definition of "employee" the members of the Certification Review Panel. Amends the State Police Act concerning discipline of Illinois State Police officers and the appointment of the Illinois State Police Merit Board. Amends the Illinois Police Training Act. Changes the misdemeanor offenses for which a law enforcement officer may be decertified. Grants the Illinois Law Enforcement Training Standards Board the power: (1) to review and ensure all law enforcement officers remain in compliance with the Act, and any administrative rules adopted under the Act; and (2) to suspend any certificate for a definite period, limit or restrict any certificate, or revoke any certificate. Creates the Illinois Law Enforcement Certification Review Panel to make recommendations to the Board on the decertification of law enforcement officers. Effective July 1, 2021, except for certain provisions that are effective either January 1, 2022, January 1, 2023, or January 1, 2025.

Spectrum: Partisan Bill (Democrat 22-0)

Status: (Enrolled - Dead) 2021-01-14 - Added as Alternate Co-Sponsor Sen. Kimberly A. Lightford [HB3653 Detail]

Download: Illinois-2019-HB3653-Engrossed.html

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1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Unified Code of Corrections is amended by
5changing 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,
9final discharge or pardon the Department shall return all
10property held for him, provide him with suitable clothing and
11procure necessary transportation for him to his designated
12place of residence and employment. It may provide such person
13with a grant of money for travel and expenses which may be paid
14in installments. The amount of the money grant shall be
15determined by the Department.
16 (a-1) The Department shall, before a wrongfully imprisoned
17person, as defined in Section 3-1-2 of this Code, is discharged
18from the Department, provide him or her with any documents
19necessary after discharge.
20 (a-2) The Department of Corrections may establish and
21maintain, in any institution it administers, revolving funds to
22be known as "Travel and Allowances Revolving Funds". These
23revolving funds shall be used for advancing travel and expense

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1allowances to committed, paroled, and discharged prisoners.
2The moneys paid into such revolving funds shall be from
3appropriations to the Department for Committed, Paroled, and
4Discharged Prisoners.
5 (b) (Blank).
6 (c) Except as otherwise provided in this Code, the
7Department shall establish procedures to provide written
8notification of any release of any person who has been
9convicted of a felony to the State's Attorney and sheriff of
10the county from which the offender was committed, and the
11State's Attorney and sheriff of the county into which the
12offender is to be paroled or released. Except as otherwise
13provided in this Code, the Department shall establish
14procedures to provide written notification to the proper law
15enforcement agency for any municipality of any release of any
16person who has been convicted of a felony if the arrest of the
17offender or the commission of the offense took place in the
18municipality, if the offender is to be paroled or released into
19the municipality, or if the offender resided in the
20municipality at the time of the commission of the offense. If a
21person convicted of a felony who is in the custody of the
22Department of Corrections or on parole or mandatory supervised
23release informs the Department that he or she has resided,
24resides, or will reside at an address that is a housing
25facility owned, managed, operated, or leased by a public
26housing agency, the Department must send written notification

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1of that information to the public housing agency that owns,
2manages, operates, or leases the housing facility. The written
3notification shall, when possible, be given at least 14 days
4before release of the person from custody, or as soon
5thereafter as possible. The written notification shall be
6provided electronically if the State's Attorney, sheriff,
7proper law enforcement agency, or public housing agency has
8provided the Department with an accurate and up to date email
10 (c-1) (Blank).
11 (c-2) The Department shall establish procedures to provide
12notice to the Department of State Police of the release or
13discharge of persons convicted of violations of the
14Methamphetamine Control and Community Protection Act or a
15violation of the Methamphetamine Precursor Control Act. The
16Department of State Police shall make this information
17available to local, State, or federal law enforcement agencies
18upon request.
19 (c-5) If a person on parole or mandatory supervised release
20becomes a resident of a facility licensed or regulated by the
21Department of Public Health, the Illinois Department of Public
22Aid, or the Illinois Department of Human Services, the
23Department of Corrections shall provide copies of the following
24information to the appropriate licensing or regulating
25Department and the licensed or regulated facility where the
26person becomes a resident:

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1 (1) The mittimus and any pre-sentence investigation
2 reports.
3 (2) The social evaluation prepared pursuant to Section
4 3-8-2.
5 (3) Any pre-release evaluation conducted pursuant to
6 subsection (j) of Section 3-6-2.
7 (4) Reports of disciplinary infractions and
8 dispositions.
9 (5) Any parole plan, including orders issued by the
10 Prisoner Review Board, and any violation reports and
11 dispositions.
12 (6) The name and contact information for the assigned
13 parole agent and parole supervisor.
14 This information shall be provided within 3 days of the
15person becoming a resident of the facility.
16 (c-10) If a person on parole or mandatory supervised
17release becomes a resident of a facility licensed or regulated
18by the Department of Public Health, the Illinois Department of
19Public Aid, or the Illinois Department of Human Services, the
20Department of Corrections shall provide written notification
21of such residence to the following:
22 (1) The Prisoner Review Board.
23 (2) The chief of police and sheriff in the municipality
24 and county in which the licensed facility is located.
25 The notification shall be provided within 3 days of the
26person becoming a resident of the facility.

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1 (d) Upon the release of a committed person on parole,
2mandatory supervised release, final discharge or pardon, the
3Department shall provide such person with information
4concerning programs and services of the Illinois Department of
5Public Health to ascertain whether such person has been exposed
6to the human immunodeficiency virus (HIV) or any identified
7causative agent of Acquired Immunodeficiency Syndrome (AIDS).
8 (e) Upon the release of a committed person on parole,
9mandatory supervised release, final discharge, pardon, or who
10has been wrongfully imprisoned, the Department shall verify the
11released person's full name, date of birth, and social security
12number. If verification is made by the Department by obtaining
13a certified copy of the released person's birth certificate and
14the released person's social security card or other documents
15authorized by the Secretary, the Department shall provide the
16birth certificate and social security card or other documents
17authorized by the Secretary to the released person. If
18verification by the Department is done by means other than
19obtaining a certified copy of the released person's birth
20certificate and the released person's social security card or
21other documents authorized by the Secretary, the Department
22shall complete a verification form, prescribed by the Secretary
23of State, and shall provide that verification form to the
24released person.
25 (f) Forty-five days prior to the scheduled discharge of a
26person committed to the custody of the Department of

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1Corrections, the Department shall give the person:
2 (1) who is otherwise uninsured an opportunity to apply
3 for health care coverage including medical assistance
4 under Article V of the Illinois Public Aid Code in
5 accordance with subsection (b) of Section 1-8.5 of the
6 Illinois Public Aid Code, and the Department of Corrections
7 shall provide assistance with completion of the
8 application for health care coverage including medical
9 assistance;
10 (2) information informing the person that Section 2 of
11 Article III of the Illinois Constitution provides that the
12 right to vote of a person convicted of a felony shall be
13 restored not later than the completion of the person's
14 sentence and informing the person about voter registration
15 and shall distribute information prepared by the State
16 Board of Elections about voter registration. The
17 Department of Corrections may enter into an interagency
18 contract with the State Board of Elections to participate
19 in the automatic voter registration program and be a
20 designated automatic voter registration agency under
21 Section 1A-16.2 of the Election Code; and
22 (3) information about registering to vote upon
23 discharge from the correctional institution or facility if
24 the person upon discharge would be homeless. In this
25 paragraph (3), "homeless" means that the person has a
26 nontraditional residence, including, but not limited to, a

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1 shelter, day shelter, park bench, street corner, or space
2 under a bridge.
3 The Department may adopt rules to implement this Section.
4(Source: P.A. 98-267, eff. 1-1-14; 99-415, eff. 8-20-15;
599-907, eff. 7-1-17.)