SB 1610 — Fee Waiver for Formerly Incarcerated Individuals (Illinois)
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.
