Bill Text: IL SB2090 | 2019-2020 | 101st General Assembly | Engrossed


Bill Title: Amends the Election Code. Provides that each election authority shall collaborate with the county jail within the jurisdiction of the election authority to facilitate voting by mail for voters eligible to vote in the county who are confined or detained in the county jail. Provides that in a county with a population of 3,000,000 or more, the election authority in the county shall establish a temporary branch polling place in the county jail. Provides that a refusal by an eligible voter to participate in the voting process must be documented by the voter or witnessed by a pollwatcher. Provides that individuals who facilitate a vote by mail process must receive training on the process, responsibilities, and requirements of implementing a vote by mail program. Contains additional provisions concerning the temporary branch polling place in the county jail. Prohibits certain individuals from from being election judges in a temporary branch polling place in a county jail. Amends the Counties Code. Provides that each election authority shall collaborate with the county jail within the jurisdiction of the election authority to facilitate voter registration for voters eligible to vote in that county who are confined or detained in the county jail. Provides that a county jail shall provide a voter registration application to any person in custody at the jail who requests an application and is eligible to vote. Amends the Unified Code of Corrections. Provides that upon release of a person who is eligible to vote, the Department of Corrections shall provide the person with a specified form that informs him or her that his or her voting rights have been restored. Amends the Unified Code of Corrections and Counties Code. Provides that upon discharge from a county jail or release from the Department of Corrections, a person shall be provided with a voter registration form. Provides that the Department, each county jail, and each county probation office shall provide an individual in its custody with specified information on voting rights. Makes other changes.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Engrossed) 2019-05-22 - Added Alternate Co-Sponsor Rep. Robyn Gabel [SB2090 Detail]

Download: Illinois-2019-SB2090-Engrossed.html



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1 AN ACT concerning elections.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Election Code is amended by adding Sections
519-2.3 and by changing Section 19A-20 as follows:
6 (10 ILCS 5/19-2.3 new)
7 Sec. 19-2.3. Vote by mail; jails. Each election authority
8in a county with a population under 3,000,000 shall collaborate
9with the primary county jail where eligible voters are confined
10or detained who are within the jurisdiction of the election
11authority to facilitate an opportunity for voting by mail for
12voters eligible to vote in the election jurisdiction who are
13confined or detained in the county jail.
14 (10 ILCS 5/19A-20)
15 Sec. 19A-20. Temporary branch polling places.
16 (a) In addition to permanent polling places for early
17voting, the election authority may establish temporary branch
18polling places for early voting.
19 (b) The provisions of subsection (b) of Section 19A-15 do
20not apply to a temporary polling place. Voting at a temporary
21branch polling place may be conducted on any one or more days
22and during any hours within the period for early voting by

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1personal appearance that are determined by the election
2authority.
3 (c) The schedules for conducting voting do not need to be
4uniform among the temporary branch polling places.
5 (d) The legal rights and remedies which inure to the owner
6or lessor of private property are not impaired or otherwise
7affected by the leasing of the property for use as a temporary
8branch polling place for early voting, except to the extent
9necessary to conduct early voting at that location.
10 (e) In a county with a population of 3,000,000 or more, the
11election authority in the county shall establish a temporary
12branch polling place under this Section in the county jail.
13Only a resident of a county who is in custody at the county
14jail and who has not been convicted of the offense for which
15the resident is in custody is eligible to vote at a temporary
16branch polling place established under this subsection. The
17temporary branch polling place established under this
18subsection shall allow a voter to vote in the same elections
19that the voter would be entitled to vote in where the voter
20resides. To the maximum extent feasible, voting booths or
21screens shall be provided to ensure the privacy of the voter.
22 All provisions of this Code applicable to pollwatchers
23shall apply to a temporary branch polling place under this
24subsection (e), subject to approval from the election authority
25and the county jail, except that nonpartisan pollwatchers shall
26be limited to one per division within the jail instead of one

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1per precinct. A county that establishes a temporary branch
2polling place inside a county jail in accordance with this
3subsection (e) shall adhere to all requirements of this
4subsection (e). All requirements of the federal Voting Rights
5Act of 1965 and Sections 203 and 208 of the federal Americans
6with Disabilities Act shall apply to this subsection (e).
7(Source: P.A. 94-645, eff. 8-22-05.)
8 Section 10. The Counties Code is amended by adding Sections
93-15003.3 and 3-15003.4 as follows:
10 (55 ILCS 5/3-15003.3 new)
11 Sec. 3-15003.3. Voter registration; county jails. Upon
12discharge of a person who is eligible to vote from a county
13jail, the county jail shall provide the person with a voter
14registration application. Each election authority shall
15collaborate with the county jail within the jurisdiction of the
16election authority to facilitate voter registration for voters
17eligible to vote in that county who are confined or detained in
18the county jail. A county jail shall provide a voter
19registration application to any person in custody at the jail
20who requests an application and is eligible to vote.
21 (55 ILCS 5/3-15003.4 new)
22 Sec. 3-15003.4. Voting rights; county jails; probation
23offices.

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1 (a) Each county jail and county probation office shall make
2available current resource materials, maintained by the
3Illinois State Board of Elections, containing detailed
4information regarding the voting rights of a person with a
5criminal conviction in print.
6 (b) The current resource materials described under
7subsection (a) shall be provided:
8 (1) upon discharge of a person from a county jail; and
9 (2) upon intake of a person by a county probation
10 department.
11 Section 15. The Unified Code of Corrections is amended by
12adding Section 3-2-2.3 and by changing Section 3-14-1 as
13follows:
14 (730 ILCS 5/3-2-2.3 new)
15 Sec. 3-2-2.3. Voting rights information.
16 (a) The Department shall make available to a person in its
17custody current resource materials, maintained by the Illinois
18State Board of Elections, containing detailed information
19regarding the voting rights of a person with a criminal
20conviction in the following formats:
21 (1) in print;
22 (2) on the Department's website; and
23 (3) in a visible location on the premises of each
24 Department facility where notices are customarily posted.

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1 (b) The current resource materials described under
2subsection (a) shall be provided upon release of a person on
3parole, mandatory supervised release, final discharge, or
4pardon from the Department.
5 (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
6 Sec. 3-14-1. Release from the institution.
7 (a) Upon release of a person on parole, mandatory release,
8final discharge or pardon the Department shall return all
9property held for him, provide him with suitable clothing and
10procure necessary transportation for him to his designated
11place of residence and employment. It may provide such person
12with a grant of money for travel and expenses which may be paid
13in installments. The amount of the money grant shall be
14determined by the Department.
15 (a-1) The Department shall, before a wrongfully imprisoned
16person, as defined in Section 3-1-2 of this Code, is discharged
17from the Department, provide him or her with any documents
18necessary after discharge.
19 (a-2) The Department of Corrections may establish and
20maintain, in any institution it administers, revolving funds to
21be known as "Travel and Allowances Revolving Funds". These
22revolving funds shall be used for advancing travel and expense
23allowances to committed, paroled, and discharged prisoners.
24The moneys paid into such revolving funds shall be from
25appropriations to the Department for Committed, Paroled, and

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1Discharged Prisoners.
2 (a-3) Upon release of a person who is eligible to vote on
3parole, mandatory release, final discharge, or pardon, the
4Department shall provide the person with a form that informs
5him or her that his or her voting rights have been restored and
6a voter registration application. The Department shall have
7available voter registration applications in the languages
8provided by the Illinois State Board of Elections. The form
9that informs the person that his or her rights have been
10restored shall include the following information:
11 (1) All voting rights are restored upon release from
12 the Department's custody.
13 (2) A person who is eligible to vote must register in
14 order to be able to vote.
15 The Department of Corrections shall confirm that the person
16received the voter registration application and has been
17informed that his or her voting rights have been restored.
18 (b) (Blank).
19 (c) Except as otherwise provided in this Code, the
20Department shall establish procedures to provide written
21notification of any release of any person who has been
22convicted of a felony to the State's Attorney and sheriff of
23the county from which the offender was committed, and the
24State's Attorney and sheriff of the county into which the
25offender is to be paroled or released. Except as otherwise
26provided in this Code, the Department shall establish

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1procedures to provide written notification to the proper law
2enforcement agency for any municipality of any release of any
3person who has been convicted of a felony if the arrest of the
4offender or the commission of the offense took place in the
5municipality, if the offender is to be paroled or released into
6the municipality, or if the offender resided in the
7municipality at the time of the commission of the offense. If a
8person convicted of a felony who is in the custody of the
9Department of Corrections or on parole or mandatory supervised
10release informs the Department that he or she has resided,
11resides, or will reside at an address that is a housing
12facility owned, managed, operated, or leased by a public
13housing agency, the Department must send written notification
14of that information to the public housing agency that owns,
15manages, operates, or leases the housing facility. The written
16notification shall, when possible, be given at least 14 days
17before release of the person from custody, or as soon
18thereafter as possible. The written notification shall be
19provided electronically if the State's Attorney, sheriff,
20proper law enforcement agency, or public housing agency has
21provided the Department with an accurate and up to date email
22address.
23 (c-1) (Blank).
24 (c-2) The Department shall establish procedures to provide
25notice to the Department of State Police of the release or
26discharge of persons convicted of violations of the

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1Methamphetamine Control and Community Protection Act or a
2violation of the Methamphetamine Precursor Control Act. The
3Department of State Police shall make this information
4available to local, State, or federal law enforcement agencies
5upon request.
6 (c-5) If a person on parole or mandatory supervised release
7becomes a resident of a facility licensed or regulated by the
8Department of Public Health, the Illinois Department of Public
9Aid, or the Illinois Department of Human Services, the
10Department of Corrections shall provide copies of the following
11information to the appropriate licensing or regulating
12Department and the licensed or regulated facility where the
13person becomes a resident:
14 (1) The mittimus and any pre-sentence investigation
15 reports.
16 (2) The social evaluation prepared pursuant to Section
17 3-8-2.
18 (3) Any pre-release evaluation conducted pursuant to
19 subsection (j) of Section 3-6-2.
20 (4) Reports of disciplinary infractions and
21 dispositions.
22 (5) Any parole plan, including orders issued by the
23 Prisoner Review Board, and any violation reports and
24 dispositions.
25 (6) The name and contact information for the assigned
26 parole agent and parole supervisor.

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1 This information shall be provided within 3 days of the
2person becoming a resident of the facility.
3 (c-10) If a person on parole or mandatory supervised
4release becomes a resident of a facility licensed or regulated
5by the Department of Public Health, the Illinois Department of
6Public Aid, or the Illinois Department of Human Services, the
7Department of Corrections shall provide written notification
8of such residence to the following:
9 (1) The Prisoner Review Board.
10 (2) The chief of police and sheriff in the municipality
11 and county in which the licensed facility is located.
12 The notification shall be provided within 3 days of the
13person becoming a resident of the facility.
14 (d) Upon the release of a committed person on parole,
15mandatory supervised release, final discharge or pardon, the
16Department shall provide such person with information
17concerning programs and services of the Illinois Department of
18Public Health to ascertain whether such person has been exposed
19to the human immunodeficiency virus (HIV) or any identified
20causative agent of Acquired Immunodeficiency Syndrome (AIDS).
21 (e) Upon the release of a committed person on parole,
22mandatory supervised release, final discharge, pardon, or who
23has been wrongfully imprisoned, the Department shall verify the
24released person's full name, date of birth, and social security
25number. If verification is made by the Department by obtaining
26a certified copy of the released person's birth certificate and

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1the released person's social security card or other documents
2authorized by the Secretary, the Department shall provide the
3birth certificate and social security card or other documents
4authorized by the Secretary to the released person. If
5verification by the Department is done by means other than
6obtaining a certified copy of the released person's birth
7certificate and the released person's social security card or
8other documents authorized by the Secretary, the Department
9shall complete a verification form, prescribed by the Secretary
10of State, and shall provide that verification form to the
11released person.
12 (f) Forty-five days prior to the scheduled discharge of a
13person committed to the custody of the Department of
14Corrections, the Department shall give the person who is
15otherwise uninsured an opportunity to apply for health care
16coverage including medical assistance under Article V of the
17Illinois Public Aid Code in accordance with subsection (b) of
18Section 1-8.5 of the Illinois Public Aid Code, and the
19Department of Corrections shall provide assistance with
20completion of the application for health care coverage
21including medical assistance. The Department may adopt rules to
22implement this Section.
23(Source: P.A. 98-267, eff. 1-1-14; 99-415, eff. 8-20-15;
2499-907, eff. 7-1-17.)
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