Public Act 096-1550
 
SB0389 EnrolledLRB096 06420 RCE 16504 b



    AN ACT concerning State government.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 




 
 
    Section 5. The Department of Human Services (Mental Health 
and Developmental
Disabilities) Law of the Civil 
Administrative Code of Illinois is amended by adding Section 
1710-125 as follows:
 
    (20 ILCS 1710/1710-125 new)
    Sec. 1710-125. Re-entry services program. The Department 
of Human Services shall establish a  re-entry services program 
to assist persons wrongfully imprisoned, as defined in  Section 
3-1-2 of the Unified Code of Corrections, in obtaining mental 
health services, including services for post-traumatic stress, 
at an agreed-upon  mental health facility  at no charge.  The 
Department of Human Services shall promulgate rules, no later 
than July 1, 2011, establishing the eligibility of wrongfully 
imprisoned persons for the Department's re-entry services 
program.
 
    Section 10. The Unified Code of Corrections is amended  by 
changing Sections 3-1-2 and  3-14-1 as follows:
 


    (730 ILCS 5/3-1-2)  (from Ch. 38, par. 1003-1-2)


    Sec. 3-1-2. Definitions. 
    (a) "Chief Administrative Officer" means the
person 
designated by the Director to exercise the powers and duties of 
the
Department of Corrections in regard to committed persons 
within
a correctional institution or facility, and includes the

superintendent of any juvenile institution or facility.

    (a-5) "Sex offense" for the purposes of paragraph (16) of 
subsection (a) of Section 3-3-7, paragraph (10) of subsection 
(a) of Section 5-6-3, and paragraph (18) of subsection (c) of 
Section 5-6-3.1 only  means:
        (i) A violation of any of the following Sections of the 
    Criminal Code of
1961: 10-7 (aiding or abetting child 
    abduction under Section 10-5(b)(10)),
10-5(b)(10) (child 
    luring), 11-6 (indecent solicitation of a child), 11-6.5

    (indecent solicitation of an adult),
11-15.1 (soliciting 
    for a juvenile
prostitute), 11-17.1 (keeping a place of 
    juvenile prostitution), 11-18.1
(patronizing a juvenile 
    prostitute), 11-19.1 (juvenile pimping),
11-19.2 
    (exploitation of a child), 11-20.1 (child pornography), 
    12-14.1
(predatory criminal sexual assault of a child), or 
    12-33 (ritualized abuse of a
child).  An attempt to commit 
    any of
these offenses.
        (ii) A violation of any of the following Sections of 
    the Criminal Code
of 1961: 12-13 (criminal
sexual assault), 
    12-14 (aggravated criminal sexual assault), 12-16 
    (aggravated criminal sexual abuse), and subsection (a) of 
    Section 12-15
(criminal sexual abuse).  An attempt to commit

    any of these offenses.
        (iii) A violation of any of the following Sections of 
    the Criminal Code
of 1961 when the defendant is
not a 
    parent of the victim:
            10-1 (kidnapping),

            10-2 (aggravated kidnapping),
            10-3 (unlawful restraint),

            10-3.1 (aggravated unlawful restraint).
            An attempt to commit any of these offenses.
        (iv) A violation of any former law of this State 
    substantially
equivalent to any offense listed in this 
    subsection (a-5).
    An offense violating federal law or the law of another 
state
that is substantially equivalent to any offense listed in 
this
 subsection (a-5) shall constitute a sex offense for the 
purpose of
this subsection (a-5).  A finding or adjudication as 
a sexually dangerous person under
any federal law or law of 
another state that is substantially equivalent to the
Sexually 
Dangerous Persons Act shall constitute an adjudication for a 
sex offense for  the
purposes of this subsection (a-5).

    (b) "Commitment" means a judicially determined placement

in the custody of the Department of Corrections on the basis of

delinquency or conviction.

    (c) "Committed Person" is a person committed to the 
Department,
however a committed person shall not be considered 
to be an employee of
the Department of Corrections for any 
purpose, including eligibility for
a pension, benefits, or any 
other compensation or rights or privileges which
may be 
provided to employees of the Department.

    (c-5)  "Computer scrub software" means any third-party 
added software, designed to delete information from the 
computer unit, the hard drive, or other software, which would 
eliminate and prevent discovery of browser activity, including 
but not limited to Internet history, address bar or bars, cache 
or caches, and/or cookies, and which would over-write files in 
a way so as to make previous computer activity, including but 
not limited to website access,  more difficult to discover. 
    (d) "Correctional Institution or Facility" means any 
building or
part of a building where committed persons are kept 
in a secured manner.

    (e) In the case of functions performed before the effective 
date of this amendatory Act of the 94th General Assembly,  
"Department" means the Department of Corrections of this State. 
In the case of functions performed on or after the effective 
date of this amendatory Act of the 94th General Assembly,   
"Department" has the meaning ascribed to it in subsection 
(f-5).


    (f) In the case of functions performed before the effective 
date of this amendatory Act of the 94th General Assembly, 
"Director" means the Director of the Department of Corrections. 
In the case of functions performed on or after the effective 
date of this amendatory Act of the 94th General Assembly,   
"Director" has the meaning ascribed to it in subsection (f-5).

    (f-5) In the case of functions performed on or after the 
effective date of this amendatory Act of the 94th General 
Assembly, references to "Department" or "Director" refer to 
either the Department of Corrections or the Director of 
Corrections or to the Department of Juvenile Justice or the 
Director of Juvenile Justice unless the context is specific to 
the Department of Juvenile Justice or  the Director of Juvenile 
Justice.

    (g) "Discharge" means the final termination of a commitment

to the Department of Corrections.

    (h) "Discipline" means the rules and regulations for the

maintenance of order and the protection of persons and property

within the institutions and facilities of the Department and

their enforcement.

    (i) "Escape" means the intentional and unauthorized 
absence
of a committed person from the custody of the 
Department.

    (j) "Furlough" means an authorized leave of absence from 
the
Department of Corrections for a designated purpose and 
period of time.

    (k) "Parole" means the conditional and revocable release
of 
a committed person under the supervision of a parole officer.

    (l) "Prisoner Review Board" means the Board established in

Section 3-3-1(a), independent of the Department, to review

rules and regulations with respect to good time credits, to

hear charges brought by the Department against certain 
prisoners
alleged to have violated Department rules with 
respect to good
time credits, to set release dates for certain 
prisoners
sentenced under the law in effect prior to the 
effective
date of this Amendatory Act of 1977, to hear requests 
and
make recommendations to the Governor with respect to 
pardon,
reprieve or commutation, to set conditions for parole 
and
mandatory supervised release and determine whether 
violations
of those conditions justify revocation of parole or 
release,
and to assume all other functions previously exercised 
by the
Illinois Parole and Pardon Board.

    (m) Whenever medical treatment, service, counseling, or

care is referred to in this Unified Code of Corrections,
such 
term may be construed by the Department or Court, within
its 
discretion, to include treatment, service or counseling by
a 
Christian Science practitioner or nursing care appropriate

therewith whenever request therefor is made by a person subject

to the provisions of this Act.

    (n) "Victim" shall have the meaning ascribed to it in 
subsection (a) of
Section 3 of the Bill of Rights for Victims 
and Witnesses of Violent Crime Act.

    (o) "Wrongfully imprisoned person" means a person who has 
been discharged from a prison of this State and

        has received:
        (1) a pardon from the Governor stating that such pardon 
    is issued on the ground of innocence of the crime for which 
    he or she was imprisoned; or
        (2)        a certificate of innocence from the Circuit Court 
    as provided in Section 2-702 of the Code of Civil 
    Procedure.
(Source: P.A. 96-362, eff. 1-1-10; 96-710, eff. 1-1-10; 
96-1000, eff. 7-2-10.)

 



    (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, 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

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.

    (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.

    (c-1) (Blank).
    (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, or 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 
discharge, or
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

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.

    For purposes of a committed person
receiving an 
identification card issued by the Department under this

subsection, the Department shall establish criteria that the

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

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.

    The Department shall adopt
rules governing the issuance of 
identification cards to committed persons being
released on 
parole, mandatory supervised release, final
discharge, or 
pardon.

(Source: P.A. 94-163, eff. 7-11-05.)

 
    Section 15. The Code of Civil Procedure is amended by 
changing Section 2-702 as follows:
 
    (735 ILCS 5/2-702)

    Sec. 2-702. Petition for a certificate of innocence that 
the petitioner was innocent of all offenses for which he or she 
was incarcerated.
    (a) The General Assembly finds and declares that innocent 
persons who have been wrongly convicted of crimes in Illinois 
and subsequently imprisoned have been frustrated in seeking 
legal redress due to a variety of substantive and technical 
obstacles in the law and that such persons should have an 
available avenue to obtain a finding of innocence so that they 
may obtain relief through a petition in the Court of Claims. 
The General Assembly further finds misleading the current legal 
nomenclature which compels an innocent person to seek a pardon 
for being wrongfully incarcerated.   It is the intent of the 
General Assembly that the court, in exercising its discretion 
as permitted by law regarding the weight and admissibility of 
evidence submitted pursuant to this Section, shall, in the 
interest of justice, give due consideration to difficulties of 
proof caused by the passage of time, the death or 
unavailability of witnesses, the destruction of evidence or 
other factors not caused by such persons or those acting on 
their behalf.
    (b) Any person convicted and subsequently imprisoned for 
one or more felonies by the State of Illinois which he or she 
did not commit may, under the conditions hereinafter provided, 
file a petition for certificate of innocence in the circuit 
court of the county in which the person was convicted. The 
petition shall request a certificate of innocence finding that 
the petitioner was innocent of all offenses for which he or she 
was incarcerated.
    (c) In order to present the claim for certificate of 
innocence of an unjust conviction and imprisonment, the 
petitioner must attach to his or her petition documentation 
demonstrating that:
        (1) he or she has been convicted of one or more 
    felonies by the State of Illinois and subsequently 
    sentenced to a term of imprisonment, and has served all or 
    any part of the sentence; and
        (2) his or her judgment of conviction was reversed or 
    vacated, and the indictment or information dismissed or, if 
    a new trial was ordered, either he or she was found not 
    guilty at the new trial or he or she was not retried and 
    the indictment or information dismissed; or the statute, or 
    application thereof, on which the indictment or 
    information was based violated the Constitution of the 
    United States or the State of Illinois; and
        (3) his or her claim is not time barred by the 
    provisions of subsection (i) of this Section.
    (d) The petition shall state facts in sufficient detail to 
permit the court to find that the petitioner is likely to 
succeed at trial in proving that the petitioner is innocent of 
the offenses charged in the indictment or information or his or 
her acts or omissions charged in the indictment or information 
did not constitute a felony or misdemeanor against the State of 
Illinois, and the petitioner did not by his or her own conduct 
voluntarily cause or bring about his or her conviction. The 
petition shall be verified by the petitioner.
    (e) A copy of the petition shall be served on the Attorney 
General and the State's Attorney of the county where the 
conviction was had. The Attorney General and the State's 
Attorney of the county where the conviction was had shall have 
the right to intervene as parties.
    (f) In any hearing seeking a certificate of innocence, the 
court may take judicial notice of prior sworn testimony or 
evidence admitted in the criminal proceedings related to the 
convictions which resulted in the alleged wrongful 
incarceration, if the petitioner was either represented by 
counsel at such prior proceedings or the right to counsel was 
knowingly waived.
    (g) In order to obtain a certificate of innocence the 
petitioner must prove by a preponderance of evidence that:
        (1) the petitioner was convicted of one or more 
    felonies by the State of Illinois and subsequently 
    sentenced to a term of imprisonment, and has served all or 
    any part of the sentence;
        (2)(A) the judgment of conviction was reversed or 
    vacated, and the indictment or information dismissed or, if 
    a new trial was ordered, either the petitioner was found 
    not guilty at the new trial or the petitioner was not 
    retried and the indictment or information dismissed; or (B) 
    the statute, or application thereof, on which the 
    indictment or information was based violated the 
    Constitution of the United States or the State of Illinois;
        (3) the petitioner is innocent of the offenses charged 
    in the indictment or information or his or her acts or 
    omissions charged in the indictment or information did not 
    constitute a felony or misdemeanor against the State; and
        (4) the petitioner did not by his or her own conduct


 
    voluntarily cause or bring about his or her conviction.
    (h) If the court finds that the petitioner is entitled to a

judgment, it shall enter a certificate of innocence finding 
that
the petitioner was innocent of all offenses for which he 
or she was incarcerated.  Upon entry of the certificate of 
innocence or pardon from the Governor stating that such pardon 
was issued on the ground of innocence of the crime for which he 
or she was imprisoned, (1) the clerk of the court shall 
transmit a copy of the certificate of innocence to the clerk of 
the Court of Claims, together with the claimant's current 
address; and (2) the court shall enter an order expunging or 
sealing the record of arrest from the
official records of the

arresting authority and order that the records of the clerk of 
the circuit
court and Department of
State Police be sealed 
until further order of the court upon good cause shown
or as 
otherwise provided
herein, and the name of the defendant 
obliterated from the official index
requested to be kept by the

circuit court clerk under Section 16 of the Clerks of Courts 
Act in connection
with the arrest and
conviction for the 
offense but the order shall not affect any index issued by
the 
circuit court clerk before the entry of the order. 
    (i) Any person seeking a certificate of innocence under 
this
Section based on the dismissal of an indictment or 
information
or acquittal that occurred before the effective 
date of this
amendatory Act of the 95th General Assembly shall 
file his or
her petition within 2 years after the effective 
date of this
amendatory Act of the 95th General Assembly. Any 
person seeking
a certificate of innocence under this Section 
based on the
dismissal of an indictment or information or 
acquittal that
occurred on or after the effective date of this 
amendatory Act
of the 95th General Assembly shall file his or 
her petition
within 2 years after the dismissal.
    (j) The decision to grant or deny a certificate of 
innocence shall be binding only with respect to claims filed in 
the Court of Claims and shall not have a res judicata effect on 
any other proceedings.

(Source: P.A. 95-970, eff. 9-22-08.)
  
 
    Section 99. Effective date. This Act takes effect July 1, 
2011.