SB0064 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB0064

 

Introduced 1/23/2019, by Sen. Patricia Van Pelt

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Unified Code of Corrections. Provides that a committed person who: (1) is at least 60 years of age; (2) has served at least 25 consecutive years of imprisonment in a facility or institution of the Department of Corrections; and (3) is not serving a sentence for a crime of violence as defined in the Crime Victims Compensation Act may petition the Department for participation in the Pathway to Community Program. Provides that before a participant is selected for the Program, the petitioner shall successfully complete an atonement and restorative justice program prepared by the Department. Following completion of this program of atonement and restorative justice, the Department shall make an exhaustive effort to find and notify family members of the victim of the petitioner's offense and to afford them the opportunity to participate in the Department's final selection process for the Pathway to Community Program. Provides that the Department shall select 50 participants for the Program from petitions submitted to it by the Department. Provides that up to $1,000 of trauma-informed victim services or trauma-certified professional therapy shall be provided by the Department to family members of the victim of the petitioner's offense. Insurance policies of the family members of the victim of the petitioner's offense or family members financial resources shall first be used to pay the costs of these services or therapy. Optional participation by family members of the victim of petitioner's offense shall be provided by the Department at no cost to the family members of the victim. Makes other changes.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0064LRB101 07106 SLF 52143 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act may be referred to as the Pathway to
5Community Act.
 
6    Section 5. The Unified Code of Corrections is amended by
7adding Section 3-14-1.1 as follows:
 
8    (730 ILCS 5/3-14-1.1 new)
9    Sec. 3-14-1.1. Pathway to Community Program.
10    (a) In this Section:
11        "Committed person" means a currently incarcerated
12    person who: (1) is at least 60 years of age; (2) has served
13    at least 25 consecutive years of imprisonment in a facility
14    or institution of the Department of Corrections; and (3) is
15    not serving a sentence for a crime of violence as defined
16    in Section 2 of the Crime Victims Compensation Act.
17        "Family member" means a spouse, parent, child, or
18    sibling.
19        "Program" means the Pathway to Community Program
20    created in this Section.
21    (b) A committed person may petition the Department of
22Corrections for participation in the Pathway to Community

 

 

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1Program as provided in this Section. If a committed person
2files a petition, the Department shall make an exhaustive
3effort to find and notify the victim and the family members of
4the victim of the petitioner's offense.
5    (c) The petition shall contain a statement by the
6petitioner that he or she is qualified to participate in the
7Program, together with the petitioner's plans for reentry,
8including, but not limited to, information about where the
9petitioner will live, how the petitioner will be supported
10financially, and any plans for the petitioner's ongoing medical
11care if necessary. The petition may also contain supporting
12statements or documentation related to the factors listed in
13paragraphs (1) through (7) of subsection (d).
14    (d) The petition shall, in the first instance, be screened
15by the Department of Corrections, who shall determine whether
16to recommend that the petitioner be considered for
17participation in the Program. In so doing, the Department shall
18draw on information in the petition and on its own resources,
19including its use of tools that assesses the petitioner's
20risks, assets, and needs to determine whether the petitioner
21may be released and, if so, under what specific conditions set
22by the Department. Among other factors, in making this
23determination the Department shall consider the following:
24        (1) the petitioner's successful participation in
25    programs designed to restore him or her to a useful and
26    productive life upon release (including educational

 

 

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1    programs and programs designed to deal with substance abuse
2    or other issues) or, if the programs are not available,
3    information demonstrating that the petitioner has engaged
4    in self-education programs, correspondence courses, or
5    other self-improvement efforts;
6        (2) the genuine reform and changed behavior the
7    petitioner has demonstrated over a period of years;
8        (3) the petitioner's remorse for the consequences of
9    his or her criminal conduct;
10        (4) the petitioner's ability to socialize with others
11    in an acceptable manner;
12        (5) the petitioner's renunciation of criminal activity
13    and gang affiliation if the petitioner was a member of a
14    gang;
15        (6) an appropriate plan for living arrangements,
16    financial support, and any medical care that will be needed
17    when the petitioner returns to society; and
18        (7) input from the victim of the petitioner's offense
19    and from their family members.
20    (e) Fifty participants shall be selected for the Program.
21Before a participant is selected for the Program, the
22petitioner shall successfully complete an atonement and
23restorative justice program prepared by the Department.
24Following completion of this program of atonement and
25restorative justice, the Department shall notify the victim and
26the family members of the victim of the petitioner's offense

 

 

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1and to afford them the opportunity to participate in the
2Department's final selection process for the Pathway to
3Community Program. Up to $1,000 of trauma-informed victim
4services or trauma-certified professional therapy shall be
5provided by the Department to family members of the victim of
6the petitioner's offense. Insurance policies of the family
7members of the victim of the petitioner's offense or family
8members financial resources shall first be used to pay the
9costs of these services or therapy. Optional participation by
10family members of the victim of petitioner's offense shall be
11provided by the Department at no cost to the family members of
12the victim.
13    (f) Time served in the Program shall be credited toward
14time served on the sentence. The end date of the period of
15mandatory supervised release shall remain the same as it would
16have been had the petitioner not been given early supervised
17release, and the petitioner shall remain under supervision of
18the Department until that date, except that the Department may
19enter an order releasing and discharging the petitioner from
20mandatory supervised release if it determines that he or she is
21likely to remain at liberty without committing another offense.
22Discharge of the petitioner from mandatory supervised release
23does not discharge the petitioner's sentence, if time to be
24served remains; nor does it deprive the Department of
25jurisdiction over the petitioner, if time to be served remains.
26    (g) Beginning on the effective date of this amendatory Act

 

 

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1of the 101st General Assembly, notwithstanding any other law to
2the contrary, all persons serving sentences in the Department
3who meet the requirements of subsection (b) are eligible to
4petition to participate in the Program. The Department shall
5establish a system to allow for the orderly disposition of the
6applications of those presently incarcerated as they become
7eligible.
8    (h) After 8 years of participation in the Program, the
9participant may petition the Governor for executive clemency
10under Section 3-3-13 of this Code.
11    (i) The Department shall select a panel of independent
12researchers to assess the effectiveness of the Program and to
13make annual recommendations to the Governor and General
14Assembly as to whether the Program should be extended.
15    (j) Notwithstanding any other provision of law to the
16contrary, this Section shall control any release under this
17Program.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    730 ILCS 5/3-14-1.1 new