| ||||
| Public Act 101-0351 | ||||
| ||||
| ||||
AN ACT concerning criminal law.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Unified Code of Corrections is amended by | ||||
changing Section 3-14-1 as follows:
| ||||
(730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
| ||||
Sec. 3-14-1. Release from the institution.
| ||||
(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 | ||||
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.
| ||||
(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. | ||||
(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
| ||||
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.
| ||
(a-3) Prior to release of a person on parole, mandatory | ||
supervised release, final discharge, or pardon, the Department | ||
shall screen every person for Medicaid eligibility. Officials | ||
of the correctional institution or facility where the committed | ||
person is assigned shall assist an eligible person to complete | ||
a Medicaid application to ensure that the person begins | ||
receiving benefits as soon as possible after his or her | ||
release. The application must include the eligible person's | ||
address associated with his or her residence upon release from | ||
the facility. If the residence is temporary, the eligible | ||
person must notify the Department of Human Services of his or | ||
her change in address upon transition to permanent housing. | ||
(b) (Blank).
| ||
(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
| ||
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 | ||
procedures to provide written notification to
the proper law | ||
enforcement agency for any municipality of any release of any
| ||
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
| ||
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
| ||
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.
| ||
(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 | ||
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.
| ||
This information shall be provided within 3 days of the | ||
person becoming a resident of the facility.
| ||
(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.
| ||
(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
| ||
causative agent of Acquired Immunodeficiency Syndrome (AIDS).
| ||
(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 verify the | ||
released person's full name, date of birth, and social security | ||
number. If verification is made by the Department by obtaining | ||
a certified copy of the released person's birth certificate and | ||
the released person's social security card or other documents | ||
authorized by the Secretary, the Department shall provide the | ||
birth certificate and social security card or other documents | ||
authorized by the Secretary to the released person. If | ||
verification by the Department is done by means other than | ||
obtaining a certified copy of the released person's birth | ||
certificate and the released person's social security card or | ||
other documents authorized by the Secretary, the Department | ||
shall complete a verification form, prescribed by the Secretary | ||
of State, and shall provide that verification form to the | ||
released person.
| ||
(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. 98-267, eff. 1-1-14; 99-415, eff. 8-20-15; | ||
99-907, eff. 7-1-17.)
| ||