JAIL RELEASE-OPIOID ANTAGONIST

Illinois General Assembly - Full Text of HB5302

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Full Text of HB5302

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HB5302 - 104th General Assembly

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HB5302 Engrossed
LRB104 17251 RLC 30673 b
1

AN ACT concerning government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Counties Code is amended by adding Section
5
3-15003.13 as follows:

6

(55 ILCS 5/3-15003.13 new)
7

Sec. 3-15003.13.
Release; opioid antagonist.
Upon the
8
release of a prisoner from a correctional institution, the
9
sheriff shall provide the prisoner with an opioid antagonist
10
if the prisoner was incarcerated for drug-related charges or
11
was identified as having a substance use disorder.

12

Section 10.
The Unified Code of Corrections is amended by
13
changing Section 3-14-1 as follows:

14

(730 ILCS 5/3-14-1)

(from Ch. 38, par. 1003-14-1)
15

Sec. 3-14-1.
Release from the institution.
16

(a) Upon release of a person on parole, mandatory release,
17
final discharge, or pardon, the Department shall return all
18
property held for him, provide him with suitable clothing and
19
procure necessary transportation for him to his designated
20
place of residence and employment. It may provide such person
21
with a grant of money for travel and expenses which may be paid

HB5302 Engrossed
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LRB104 17251 RLC 30673 b
1
in installments. The amount of the money grant shall be
2
determined by the Department.
3

(a-1) The Department shall, before a wrongfully imprisoned
4
person, as defined in Section 3-1-2 of this Code, is
5
discharged from the Department, provide him or her with any
6
documents necessary after discharge.
7

(a-2) The Department of Corrections may establish and
8
maintain, in any institution it administers, revolving funds
9
to be known as "Travel and Allowances Revolving Funds". These
10
revolving funds shall be used for advancing travel and expense
11
allowances to committed, paroled, and discharged prisoners.
12
The moneys paid into such revolving funds shall be from
13
appropriations to the Department for Committed, Paroled, and
14
Discharged Prisoners.
15

(a-3) Upon release of a person who is eligible to vote on
16
parole, mandatory release, final discharge, or pardon, the
17
Department shall provide the person with a form that informs
18
him or her that his or her voting rights have been restored and
19
a voter registration application. The Department shall have
20
available voter registration applications in the languages
21
provided by the Illinois State Board of Elections. The form
22
that informs the person that his or her rights have been
23
restored shall include the following information:
24

(1) All voting rights are restored upon release from
25

the Department's custody.
26

(2) A person who is eligible to vote must register in

HB5302 Engrossed
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LRB104 17251 RLC 30673 b
1

order to be able to vote.
2

The Department of Corrections shall confirm that the
3
person received the voter registration application and has
4
been informed that his or her voting rights have been
5
restored.
6

(a-4) Prior to release of a person on parole, mandatory
7
supervised release, final discharge, or pardon, the Department
8
shall screen every person for Medicaid eligibility. Officials
9
of the correctional institution or facility where the
10
committed person is assigned shall assist an eligible person
11
to complete a Medicaid application to ensure that the person
12
begins receiving benefits as soon as possible after his or her
13
release. The application must include the eligible person's
14
address associated with his or her residence upon release from
15
the facility. If the residence is temporary, the eligible
16
person must notify the Department of Human Services of his or
17
her change in address upon transition to permanent housing.
18

(a-5) Upon release of a person from its custody to parole,
19
upon mandatory supervised release, or upon final discharge,
20
the Department shall run a LEADS report and shall notify the
21
person of all in-effect protective orders issued against the
22
person under Article 112A of the Code of Criminal Procedure of
23
1963 or under the Illinois Domestic Violence Act of 1986, the
24
Civil No Contact Order Act, or the Stalking No Contact Order
25
Act, that are identified in the LEADS report.
26

(b) (Blank).

HB5302 Engrossed
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LRB104 17251 RLC 30673 b
1

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

HB5302 Engrossed
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LRB104 17251 RLC 30673 b
1
provided electronically if the State's Attorney, sheriff,
2
proper law enforcement agency, or public housing agency has
3
provided the Department with an accurate and up to date email
4
address.
5

(c-1) (Blank).
6

(c-2) The Department shall establish procedures to provide
7
notice to the Illinois State Police of the release or
8
discharge of persons convicted of violations of the
9
Methamphetamine Control and Community Protection Act or a
10
violation of the Methamphetamine Precursor Control Act. The
11
Illinois State Police shall make this information available to
12
local, State, or federal law enforcement agencies upon
13
request.
14

(c-5) If a person on parole or mandatory supervised
15
release becomes a resident of a facility licensed or regulated
16
by the Department of Public Health, the Illinois Department of
17
Public Aid, or the Illinois Department of Human Services, the
18
Department of Corrections shall provide copies of the
19
following information to the appropriate licensing or
20
regulating Department and the licensed or regulated facility
21
where the person becomes a resident:
22

(1) The mittimus and any pre-sentence investigation
23

reports.
24

(2) The social evaluation prepared pursuant to Section
25

3-8-2.
26

(3) Any pre-release evaluation conducted pursuant to

HB5302 Engrossed
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LRB104 17251 RLC 30673 b
1

subsection (j) of Section 3-6-2.
2

(4) Reports of disciplinary infractions and
3

dispositions.
4

(5) Any parole plan, including orders issued by the
5

Prisoner Review Board, and any violation reports and
6

dispositions.
7

(6) The name and contact information for the assigned
8

parole agent and parole supervisor.
9

This information shall be provided within 3 days of the
10
person becoming a resident of the facility.
11

(c-10) If a person on parole or mandatory supervised
12
release becomes a resident of a facility licensed or regulated
13
by the Department of Public Health, the Illinois Department of
14
Public Aid, or the Illinois Department of Human Services, the
15
Department of Corrections shall provide written notification
16
of such residence to the following:
17

(1) The Prisoner Review Board.
18

(2) The chief of police and sheriff in the
19

municipality and county in which the licensed facility is
20

located.
21

The notification shall be provided within 3 days of the
22
person becoming a resident of the facility.
23

(d) Upon the release of a committed person on parole,
24
mandatory supervised release, final discharge, or pardon, the
25
Department shall provide such person with information
26
concerning programs and services of the Illinois Department of

HB5302 Engrossed
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LRB104 17251 RLC 30673 b
1
Public Health to ascertain whether such person has been
2
exposed to the human immunodeficiency virus (HIV) or any
3
identified causative agent of Acquired Immunodeficiency
4
Syndrome (AIDS).
5

(d-5) Upon the release of a committed person from a
6
correctional institution or facility, the Department shall
7
provide the committed person with an opioid antagonist if the
8
committed person was incarcerated for drug-related charges or
9
was identified as having a substance use disorder.

10

(e) Upon the release of a committed person on parole,
11
mandatory supervised release, final discharge, pardon, or who
12
has been wrongfully imprisoned, the Department shall verify
13
the released person's full name, date of birth, and social
14
security number. If verification is made by the Department by
15
obtaining a certified copy of the released person's birth
16
certificate and the released person's social security card or
17
other documents authorized by the Secretary, the Department
18
shall provide the birth certificate and social security card
19
or other documents authorized by the Secretary to the released
20
person. If verification by the Department is done by means
21
other than obtaining a certified copy of the released person's
22
birth certificate and the released person's social security
23
card or other documents authorized by the Secretary, the
24
Department shall complete a verification form, prescribed by
25
the Secretary of State, and shall provide that verification
26
form to the released person.

HB5302 Engrossed
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LRB104 17251 RLC 30673 b
1

(f) Forty-five days prior to the scheduled discharge of a
2
person committed to the custody of the Department of
3
Corrections, the Department shall give the person:
4

(1) who is otherwise uninsured an opportunity to apply
5

for health care coverage including medical assistance
6

under Article V of the Illinois Public Aid Code in
7

accordance with subsection (b) of Section 1-8.5 of the
8

Illinois Public Aid Code, and the Department of
9

Corrections shall provide assistance with completion of
10

the application for health care coverage including medical
11

assistance;
12

(2) information about obtaining a standard Illinois
13

Identification Card or a limited-term Illinois
14

Identification Card under Section 4 of the Illinois
15

Identification Card Act if the person has not been issued
16

an Illinois Identification Card under subsection (a-20) of
17

Section 4 of the Illinois Identification Card Act;
18

(3) information about voter registration and may
19

distribute information prepared by the State Board of
20

Elections. The Department of Corrections may enter into an
21

interagency contract with the State Board of Elections to
22

participate in the automatic voter registration program
23

and be a designated automatic voter registration agency
24

under Section 1A-16.2 of the Election Code;
25

(4) information about job listings upon discharge from
26

the correctional institution or facility;

HB5302 Engrossed
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LRB104 17251 RLC 30673 b
1

(5) information about available housing upon discharge
2

from the correctional institution or facility;
3

(6) a directory of elected State officials and of
4

officials elected in the county and municipality, if any,
5

in which the committed person intends to reside upon
6

discharge from the correctional institution or facility;
7

and
8

(7) any other information that the Department of
9

Corrections deems necessary to provide the committed
10

person in order for the committed person to reenter the
11

community and avoid recidivism.
12

(g) Sixty days before the scheduled discharge of a person
13
committed to the custody of the Department or upon receipt of
14
the person's certified birth certificate and social security
15
card as set forth in subsection (d) of Section 3-8-1 of this
16
Act, whichever occurs later, the Department shall transmit an
17
application for an Identification Card to the Secretary of
18
State, in accordance with subsection (a-20) of Section 4 of
19
the Illinois Identification Card Act.
20

The Department may adopt rules to implement this Section.
21
(Source: P.A. 103-345, eff. 1-1-24; 104-11, eff. 6-20-25.)

22

Section 15.
The County Jail Act is amended by adding
23
Section 19.7 as follows:

24

(730 ILCS 125/19.7 new)

HB5302 Engrossed
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LRB104 17251 RLC 30673 b
1

Sec. 19.7.
Release; opioid antagonist.
Upon the release of
2
a prisoner from a jail, the warden shall provide the prisoner
3
with an opioid antagonist if the prisoner was incarcerated for
4
drug-related charges or was identified as having a substance
5
use disorder.

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