FEE WAIVER-FORMER INCARCERATED
Illinois requires all state agencies to waive any fees for services for one year after release for individuals exiting DOC, DJJ, or federal BOP facilities.
Illinois requires all state agencies to waive any fees for services for one year after release for individuals exiting DOC, DJJ, or federal BOP facilities.
Status summary
- Introduced: February 4, 2025 (Sen. Mike Simmons)
- Final action: Signed by the Governor June 20, 2025
- Effective date: September 1, 2025
- Where placed: Amends the Civil Administrative Code of Illinois by adding Section 5‑735 (20 ILCS 5/5‑735 new)
Purpose and intent
- To reduce financial barriers to reentry by requiring State agencies and departments to waive fees for people recently released from incarceration for a defined transition period.
Key provisions
- New statutory section (5‑735) requires that, notwithstanding any other law, all State agencies and departments waive any fees assessed to a formerly incarcerated person for services provided by that agency or department for one year after that person’s release.
- The one‑year waiver period applies following release from a facility operated by:
- the Illinois Department of Corrections (DOC),
- the Department of Juvenile Justice (DJJ), or
- the Federal Bureau of Prisons (BOP).
- A Senate amendment clarified that both “State agencies and departments” must comply (the amendment replaced the bill text after the enacting clause).
Who is affected
- Primary beneficiaries: individuals released from DOC, DJJ, or federal BOP facilities — eligible for fee waivers for one year post‑release.
- Obligated parties: all Illinois State agencies and departments that assess fees for services (licensing fees, application fees, document fees, etc.).
- Not directly addressed: local governments, counties, or non‑state entities (they are not required by this statute).
Implementation and operational notes
- The statute is broad — “any fees” and “services provided” are not further defined in the text. Agencies will need administrative guidance or rulemaking to:
- identify which specific fees are waived,
- establish verification procedures (proof of release and release date),
- track and implement the one‑year eligibility window,
- address interactions with fees that are statutorily earmarked or dedicated.
- The text includes an explicit override clause (“notwithstanding any other provision of law”), indicating state law preemption of conflicting fee statutes for the one‑year period.
Potential impacts
- Access and reentry: Likely lowers cost barriers to government services (IDs, professional licensing, records, copies, etc.), potentially aiding reentry and service access.
- Fiscal: Could reduce fee revenue across multiple state agencies; the magnitude depends on which fees are waived and how many people use the waiver. Agencies may incur administrative costs to implement verification and tracking.
- Legal/administrative: May require policy updates and internal procedures within agencies to ensure consistent, compliant application of the waiver.
Legislative history highlights
- Introduced Feb 4, 2025; committee consideration and amendment activity in March–May 2025; conference committee activity in late May/early June 2025.
- Governor signed the bill on June 20, 2025; statutory effective date set for September 1, 2025.
Limitations and open questions
- The law does not define “services” or list excluded fees; it does not create a specific enforcement or appeals procedure.
- It does not require local governments or private entities to waive fees.
- Agencies may need further statutory or regulatory clarification to address interactions with restricted or dedicated funds and to implement verification processes.
Compiled from official sources — confirm details with the bill’s official record.
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