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Public Act 103-0345 | ||||
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AN ACT concerning State government.
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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 Identification Card Act is amended | ||||
by changing Section 4 as follows:
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(15 ILCS 335/4) (from Ch. 124, par. 24)
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Sec. 4. Identification card.
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(a) The Secretary of State shall issue a
standard Illinois | ||||
Identification Card to any natural person who is a resident
of | ||||
the State of Illinois who applies for such card, or renewal | ||||
thereof. No identification card shall be issued to any person | ||||
who holds a valid
foreign state
identification card, license, | ||||
or permit unless the person first surrenders to
the Secretary | ||||
of
State the valid foreign state identification card, license, | ||||
or permit. The card shall be prepared and
supplied by the | ||||
Secretary of State and shall include a photograph and | ||||
signature or mark of the
applicant. However, the Secretary of | ||||
State may provide by rule for the issuance of Illinois | ||||
Identification Cards without photographs if the applicant has | ||||
a bona fide religious objection to being photographed or to | ||||
the display of his or her photograph. The Illinois | ||||
Identification Card may be used for
identification purposes in | ||||
any lawful situation only by the person to
whom it was issued.
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As used in this Act, "photograph" means any color photograph | ||
or digitally
produced and captured image of an applicant for | ||
an identification card. As
used in this Act, "signature" means | ||
the name of a person as written by that
person and captured in | ||
a manner acceptable to the Secretary of State. | ||
(a-5) If an applicant for an identification card has a | ||
current driver's license or instruction permit issued by the | ||
Secretary of State, the Secretary may require the applicant to | ||
utilize the same residence address and name on the | ||
identification card, driver's license, and instruction permit | ||
records maintained by the Secretary. The Secretary may | ||
promulgate rules to implement this provision.
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(a-10) If the applicant is a judicial officer as defined | ||
in Section 1-10 of the Judicial Privacy Act or a peace officer, | ||
the applicant may elect to have his or her office or work | ||
address listed on the card instead of the applicant's | ||
residence or mailing address. The Secretary may promulgate | ||
rules to implement this provision. For the purposes of this | ||
subsection (a-10), "peace officer" means any person who by | ||
virtue of his or her office or public employment is vested by | ||
law with a duty to maintain public order or to make arrests for | ||
a violation of any penal statute of this State, whether that | ||
duty extends to all violations or is limited to specific | ||
violations. | ||
(a-15) The Secretary of State may provide for an expedited | ||
process for the issuance of an Illinois Identification Card. |
The Secretary shall charge an additional fee for the expedited | ||
issuance of an Illinois Identification Card, to be set by | ||
rule, not to exceed $75. All fees collected by the Secretary | ||
for expedited Illinois Identification Card service shall be | ||
deposited into the Secretary of State Special Services Fund. | ||
The Secretary may adopt rules regarding the eligibility, | ||
process, and fee for an expedited Illinois Identification | ||
Card. If the Secretary of State determines that the volume of | ||
expedited identification card requests received on a given day | ||
exceeds the ability of the Secretary to process those requests | ||
in an expedited manner, the Secretary may decline to provide | ||
expedited services, and the additional fee for the expedited | ||
service shall be refunded to the applicant. | ||
(a-20) The Secretary of State shall issue a standard | ||
Illinois Identification Card to a committed person committed | ||
to upon release on parole, mandatory supervised release, | ||
aftercare release, final discharge, or pardon from the | ||
Department of Corrections or Department of Juvenile Justice | ||
upon receipt of the person's birth certificate, social | ||
security card, photograph, proof of residency upon discharge, | ||
and an identification card application transferred via a | ||
secure method as agreed upon by the Secretary and the | ||
Department of Corrections or Department of Juvenile Justice , | ||
if the released person presents a certified copy of his or her | ||
birth certificate, social security card or other documents | ||
authorized by the Secretary, and 2 documents proving his or |
her Illinois residence address . Illinois residency shall be | ||
established by submission of a Secretary of State prescribed | ||
Identification Card verification form completed by the | ||
respective Department Documents proving residence address may | ||
include any official document of the Department of Corrections | ||
or the Department of Juvenile Justice showing the released | ||
person's address after release and a Secretary of State | ||
prescribed certificate of residency form, which may be | ||
executed by Department of Corrections or Department of | ||
Juvenile Justice personnel . | ||
(a-25) The Secretary of State shall issue a limited-term | ||
Illinois Identification Card valid for 90 days to a committed | ||
person upon release on parole, mandatory supervised release, | ||
aftercare release, final discharge, or pardon from the | ||
Department of Corrections or Department of Juvenile Justice, | ||
if the released person is unable to present a certified copy of | ||
his or her birth certificate and social security card or other | ||
documents authorized by the Secretary, but does present a | ||
Secretary of State prescribed Identification Card verification | ||
form completed by the Department of Corrections or Department | ||
of Juvenile Justice, verifying the released person's date of | ||
birth , and social security number , and 2 documents proving his | ||
or her Illinois residence address. The verification form must | ||
have been completed no more than 30 days prior to the date of | ||
application for the Illinois Identification Card. Documents | ||
proving residence address shall include any official document |
of the Department of Corrections or the Department of Juvenile | ||
Justice showing the person's address after release and a | ||
Secretary of State prescribed certificate of residency, which | ||
may be executed by Department of Corrections or Department of | ||
Juvenile Justice personnel. | ||
Prior to the expiration of the 90-day period of the | ||
limited-term Illinois Identification Card, if the released | ||
person submits to the Secretary of State a certified copy of | ||
his or her birth certificate and his or her social security | ||
card or other documents authorized by the Secretary, a | ||
standard Illinois Identification Card shall be issued. A | ||
limited-term Illinois Identification Card may not be renewed. | ||
(a-30) The Secretary of State shall issue a standard | ||
Illinois Identification Card to a person upon conditional | ||
release or absolute discharge from the custody of the | ||
Department of Human Services, if the person presents a | ||
certified copy of his or her birth certificate, social | ||
security card, or other documents authorized by the Secretary, | ||
and a document proving his or her Illinois residence address. | ||
The Secretary of State shall issue a standard Illinois | ||
Identification Card to a person prior to his or her | ||
conditional release or absolute discharge if personnel from | ||
the Department of Human Services bring the person to a | ||
Secretary of State location with the required documents. | ||
Documents proving residence address may include any official | ||
document of the Department of Human Services showing the |
person's address after release and a Secretary of State | ||
prescribed verification form, which may be executed by | ||
personnel of the Department of Human Services. | ||
(a-35) The Secretary of State shall issue a limited-term | ||
Illinois Identification Card valid for 90 days to a person | ||
upon conditional release or absolute discharge from the | ||
custody of the Department of Human Services, if the person is | ||
unable to present a certified copy of his or her birth | ||
certificate and social security card or other documents | ||
authorized by the Secretary, but does present a Secretary of | ||
State prescribed verification form completed by the Department | ||
of Human Services, verifying the person's date of birth and | ||
social security number, and a document proving his or her | ||
Illinois residence address. The verification form must have | ||
been completed no more than 30 days prior to the date of | ||
application for the Illinois Identification Card. The | ||
Secretary of State shall issue a limited-term Illinois | ||
Identification Card to a person no sooner than 14 days prior to | ||
his or her conditional release or absolute discharge if | ||
personnel from the Department of Human Services bring the | ||
person to a Secretary of State location with the required | ||
documents. Documents proving residence address shall include | ||
any official document of the Department of Human Services | ||
showing the person's address after release and a Secretary of | ||
State prescribed verification form, which may be executed
by | ||
personnel of the Department of Human Services. |
(b) The Secretary of State shall issue a special Illinois
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Identification Card, which shall be known as an Illinois | ||
Person with a Disability
Identification Card, to any natural | ||
person who is a resident of the State
of Illinois, who is a | ||
person with a disability as defined in Section 4A of this Act,
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who applies for such card, or renewal thereof. No Illinois | ||
Person with a Disability Identification Card shall be issued | ||
to any person who
holds a valid
foreign state identification | ||
card, license, or permit unless the person first
surrenders to | ||
the
Secretary of State the valid foreign state identification | ||
card, license, or
permit. The Secretary of State
shall charge | ||
no fee to issue such card. The card shall be prepared and
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supplied by the Secretary of State, and shall include a | ||
photograph and signature or mark of the
applicant, a | ||
designation indicating that the card is an Illinois
Person | ||
with a Disability Identification Card, and shall include a | ||
comprehensible designation
of the type and classification of | ||
the applicant's disability as set out in
Section 4A of this | ||
Act. However, the Secretary of State may provide by rule for | ||
the issuance of Illinois Person with a Disability | ||
Identification Cards without photographs if the applicant has | ||
a bona fide religious objection to being photographed or to | ||
the display of his or her photograph. If the applicant so | ||
requests, the card shall
include a description of the | ||
applicant's disability and any information
about the | ||
applicant's disability or medical history which the Secretary
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determines would be helpful to the applicant in securing | ||
emergency medical
care. If a mark is used in lieu of a | ||
signature, such mark
shall be affixed to the card in the | ||
presence of two witnesses who attest to
the authenticity of | ||
the mark. The Illinois
Person with a Disability Identification | ||
Card may be used for identification purposes
in any lawful | ||
situation by the person to whom it was issued.
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The Illinois Person with a Disability Identification Card | ||
may be used as adequate
documentation of disability in lieu of | ||
a physician's determination of
disability, a determination of | ||
disability from a physician assistant, a determination of | ||
disability from an advanced practice registered
nurse, or any
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other documentation
of disability whenever
any
State law
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requires that a person with a disability provide such | ||
documentation of disability,
however an Illinois Person with a | ||
Disability Identification Card shall not qualify
the | ||
cardholder to participate in any program or to receive any | ||
benefit
which is not available to all persons with like | ||
disabilities.
Notwithstanding any other provisions of law, an | ||
Illinois Person with a Disability
Identification Card, or | ||
evidence that the Secretary of State has issued an
Illinois | ||
Person with a Disability Identification Card, shall not be | ||
used by any
person other than the person named on such card to | ||
prove that the person
named on such card is a person with a | ||
disability or for any other purpose unless the
card is used for | ||
the benefit of the person named on such card, and the
person |
named on such card consents to such use at the time the card is | ||
so used.
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An optometrist's determination of a visual disability | ||
under Section 4A of this Act is acceptable as documentation | ||
for the purpose of issuing an Illinois Person with a | ||
Disability Identification Card. | ||
When medical information is contained on an Illinois | ||
Person with a Disability
Identification Card, the Office of | ||
the Secretary of State shall not be
liable for any actions | ||
taken based upon that medical information.
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(c) The Secretary of State shall provide
that each | ||
original or renewal Illinois Identification Card or Illinois
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Person with a Disability Identification Card issued to a | ||
person under the age of 21
shall be of a distinct nature from | ||
those Illinois Identification Cards or
Illinois Person with a | ||
Disability Identification Cards issued to individuals 21
years | ||
of age or older. The color designated for Illinois | ||
Identification
Cards or Illinois Person with a Disability | ||
Identification Cards for persons under
the age of 21 shall be | ||
at the discretion of the Secretary of State.
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(c-1) Each original or renewal Illinois
Identification | ||
Card or Illinois Person with a Disability Identification Card | ||
issued to
a person under the age of 21 shall display the date | ||
upon which the person
becomes 18 years of age and the date upon | ||
which the person becomes 21 years of
age.
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(c-3) The General Assembly recognizes the need to identify |
military veterans living in this State for the purpose of | ||
ensuring that they receive all of the services and benefits to | ||
which they are legally entitled, including healthcare, | ||
education assistance, and job placement. To assist the State | ||
in identifying these veterans and delivering these vital | ||
services and benefits, the Secretary of State is authorized to | ||
issue Illinois Identification Cards and Illinois Person with a | ||
Disability Identification Cards with the word "veteran" | ||
appearing on the face of the cards. This authorization is | ||
predicated on the unique status of veterans. The Secretary may | ||
not issue any other identification card which identifies an | ||
occupation, status, affiliation, hobby, or other unique | ||
characteristics of the identification card holder which is | ||
unrelated to the purpose of the identification card.
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(c-5) Beginning on or before July 1, 2015, the Secretary | ||
of State shall designate a space on each original or renewal | ||
identification card where, at the request of the applicant, | ||
the word "veteran" shall be placed. The veteran designation | ||
shall be available to a person identified as a veteran under | ||
subsection (b) of Section 5 of this Act who was discharged or | ||
separated under honorable conditions. | ||
(d) The Secretary of State may issue a Senior Citizen
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discount card, to any natural person who is a resident of the | ||
State of
Illinois who is 60 years of age or older and who | ||
applies for such a card or
renewal thereof. The Secretary of | ||
State shall charge no fee to issue such
card. The card shall be |
issued in every county and applications shall be
made | ||
available at, but not limited to, nutrition sites, senior | ||
citizen
centers and Area Agencies on Aging. The applicant, | ||
upon receipt of such
card and prior to its use for any purpose, | ||
shall have affixed thereon in
the space provided therefor his | ||
signature or mark.
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(e) The Secretary of State, in his or her discretion, may | ||
designate on each Illinois
Identification Card or Illinois | ||
Person with a Disability Identification Card a space where the | ||
card holder may place a sticker or decal, issued by the | ||
Secretary of State, of uniform size as the Secretary may | ||
specify, that shall indicate in appropriate language that the | ||
card holder has renewed his or her Illinois
Identification | ||
Card or Illinois Person with a Disability Identification Card. | ||
(Source: P.A. 102-299, eff. 8-6-21.)
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Section 10. The Unified Code of Corrections is amended by | ||
changing Sections 3-8-1 and 3-14-1 as follows:
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(730 ILCS 5/3-8-1) (from Ch. 38, par. 1003-8-1)
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Sec. 3-8-1. Receiving Procedures.
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(a) The Department shall establish one or more receiving | ||
stations for
committed persons and for persons transferred | ||
under Section 3-10-11 and
shall advise the sheriffs of the | ||
several counties of the location of such
stations. In the | ||
execution of the mittimus or order for the commitment or
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transfer of a person to the Department, the sheriff shall | ||
deliver such
person to the nearest receiving station of the | ||
Department. The sheriff
shall also convey with such person at | ||
the time of delivery, the items under
Section 5-4-1, and a | ||
record of the person's time, his behavior and conduct
while | ||
under the sheriff's custody.
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(b) The Department shall verify the identity of the person | ||
delivered
before accepting custody and shall require delivery | ||
of the items under
paragraph (a) of this Section or a statement | ||
of the reason why they cannot
be delivered.
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(c) The Department shall inventory and issue a receipt to | ||
such person
for all money and other personal property not | ||
permitted to the possession
of such person.
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(d) No later than 45 days after a committed person is | ||
received by the Department, the Department shall begin the | ||
process of obtaining a certified copy of the person's birth | ||
certificate and a duplicate social security card if the person | ||
does not have access to those items. | ||
(Source: P.A. 78-255.)
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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 |
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. | ||
(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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(a-3) Upon release of a person who is eligible to vote on | ||
parole, mandatory release, final discharge, or pardon, the | ||
Department shall provide the person with a form that informs | ||
him or her that his or her voting rights have been restored and | ||
a voter registration application. The Department shall have | ||
available voter registration applications in the languages | ||
provided by the Illinois State Board of Elections. The form | ||
that informs the person that his or her rights have been | ||
restored shall include the following information: | ||
(1) All voting rights are restored upon release from |
the Department's custody. | ||
(2) A person who is eligible to vote must register in | ||
order to be able to vote. | ||
The Department of Corrections shall confirm that the | ||
person received the voter registration application and has | ||
been informed that his or her voting rights have been | ||
restored. | ||
(a-4) 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).
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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 | ||
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 Illinois 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 | ||
Illinois 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
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 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.
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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: | ||
(1) 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; |
(2) information about obtaining a standard Illinois | ||
Identification Card or a limited-term Illinois | ||
Identification Card under Section 4 of the Illinois | ||
Identification Card Act if the person has not been issued | ||
an Illinois Identification Card under subsection (a-20) of | ||
Section 4 of the Illinois Identification Card Act ; | ||
(3) information about voter registration and may | ||
distribute information prepared by the State Board of | ||
Elections. The Department of Corrections may enter into an | ||
interagency contract with the State Board of Elections to | ||
participate in the automatic voter registration program | ||
and be a designated automatic voter registration agency | ||
under Section 1A-16.2 of the Election Code; | ||
(4) information about job listings upon discharge from | ||
the correctional institution or facility; | ||
(5) information about available housing upon discharge | ||
from the correctional institution or facility; | ||
(6) a directory of elected State officials and of | ||
officials elected in the county and municipality, if any, | ||
in which the committed person intends to reside upon | ||
discharge from the correctional institution or facility; | ||
and | ||
(7) any other information that the Department of | ||
Corrections deems necessary to provide the committed | ||
person in order for the committed person to reenter the | ||
community and avoid recidivism. |
(g) Sixty days before the scheduled discharge of a person | ||
committed to the custody of the Department or upon receipt of | ||
the person's certified birth certificate and social security | ||
card as set forth in subsection (d) of Section 3-8-1 of this | ||
Act, whichever occurs later, the Department shall transmit an | ||
application for an Identification Card to the Secretary of | ||
State, in accordance with subsection (a-20) of Section 4 of | ||
the Illinois Identification Card Act. | ||
The Department may adopt rules to implement this Section. | ||
(Source: P.A. 101-351, eff. 1-1-20; 101-442, eff. 1-1-20; | ||
102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-606, eff. | ||
1-1-22; 102-813, eff. 5-13-22.)
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