Sen. John J. Cullerton

Filed: 4/11/2005

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1829

2     AMENDMENT NO. ______. Amend Senate Bill 1829, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
 
5     "Section 5. The Unified Code of Corrections is amended by
6 changing Section 3-3-3 as follows:
 
7     (730 ILCS 5/3-3-3)  (from Ch. 38, par. 1003-3-3)
8     Sec. 3-3-3. Eligibility for Parole or Release.
9     (a) Except for those offenders who accept the fixed release
10 date established by the Prisoner Review Board under Section
11 3-3-2.1, every person serving a term of imprisonment under the
12 law in effect prior to the effective date of this amendatory
13 Act of 1977 shall be eligible for parole when he has served:
14         (1) the minimum term of an indeterminate sentence less
15     time credit for good behavior, or 20 years less time credit
16     for good behavior, whichever is less; or
17         (2) 20 years of a life sentence less time credit for
18     good behavior; or
19         (3) 20 years or one-third of a determinate sentence,
20     whichever is less, less time credit for good behavior.
21     (b) No person sentenced under this amendatory Act of 1977
22 or who accepts a release date under Section 3-3-2.1 shall be
23 eligible for parole.
24     (c) Except for those sentenced to a term of natural life

 

 

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1 imprisonment, every person sentenced to imprisonment under
2 this amendatory Act of 1977 or given a release date under
3 Section 3-3-2.1 of this Act shall serve the full term of a
4 determinate sentence less time credit for good behavior and
5 shall then be released under the mandatory supervised release
6 provisions of paragraph (d) of Section 5-8-1 of this Code.
7     (d) No person serving a term of natural life imprisonment
8 may be paroled or released except through executive clemency.
9     (e) Every person committed to the Juvenile Division under
10 Section 5-10 of the Juvenile Court Act or Section 5-750 of the
11 Juvenile Court Act of 1987 or Section 5-8-6 of this Code and
12 confined in the State correctional institutions or facilities
13 if such juvenile has not been tried as an adult shall be
14 eligible for parole without regard to the length of time the
15 person has been confined or whether the person has served any
16 minimum term imposed. However, if a juvenile has been tried as
17 an adult he shall only be eligible for parole or mandatory
18 supervised release as an adult under this Section.
19     (f) Medical parole.
20         (1) Legislative purpose. Medical parole is made
21     available in consideration of the fiscal costs of treating
22     seriously ill prisoners within facilities maintained by
23     the Department of Corrections.
24         (2) Application for benefits by persons on medical
25     parole.
26             (A) If a person has been released on medical parole
27         pursuant to paragraph (3) of this subsection (f) and
28         applies for public assistance, including without
29         limitation medical assistance under any program funded
30         in whole or in part by the federal government, the
31         Department of Corrections shall forward the
32         application for assistance to the Department of Human
33         Services and advise the Prisoner Review Board of the
34         application.

 

 

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1             (B) The Department of Human Services shall, within
2         60 days after receipt of a medical parole application
3         for assistance, determine the eligibility of the
4         person for any program for which he or she may be
5         eligible, including without limitation any medical
6         assistance which is funded in whole or in part by the
7         federal government.
8             (C) For a person who is released on medical parole
9         and who is in need of public assistance, including
10         without limitation medical assistance, the Department
11         of Human Services shall be responsible for the
12         administrative costs of the initial and any subsequent
13         eligibility determination and for the costs of any
14         public assistance, including medical assistance,
15         following a person's release on medical parole for as
16         long as the person is eligible for such assistance.
17         (3) Medical parole. A prisoner committed to the custody
18     of the Illinois Department of Corrections, except those
19     prisoners subject to subsection (d), may be eligible for
20     medical parole under the following circumstances:
21             (A) If the Department of Corrections makes a
22         recommendation to, or the prisoner makes application
23         to, the Prisoner Review Board with supporting medical
24         evidence which includes a statement from a licensed
25         physician certifying one of the following:
26                 (i) The prisoner suffers from a serious
27             illness or serious disease which at the time of the
28             application or recommendation has permanently
29             physically incapacitated the prisoner.
30             "Permanently physically incapacitated" for this
31             purpose means suffering from a condition caused by
32             injury, disease, illness, old age, or other
33             similar causes which, to a reasonable degree of
34             medical certainty, permanently and irreversibly

 

 

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1             physically incapacitates the prisoner to the
2             extent that the prisoner is confined to bed or a
3             wheelchair or otherwise unable to perform any
4             degree of personal care or other similar
5             activities of daily living without assistance; or
6                 (ii) The prisoner is terminally ill and is
7             expected, with a reasonable degree of medical
8             certainty, to die within the following 6 months.
9             "Terminally ill" for this purpose means suffering
10             from a condition caused by injury (except
11             self-inflicted injury), disease, or illness which
12             to a reasonable degree of medical certainty will
13             result in death within 6 months.
14             (B) After reviewing the recommendation, the
15         Prisoner Review Board, acting through a panel of at
16         least 3 members, shall determine all of the following:
17                 (i) whether the prisoner is eligible for
18             medical parole under subparagraph (A); and
19                 (ii) whether the prisoner can be released
20             without detriment to the community or to the
21             prisoner.
22             (C) Prior to making a determination under
23         subparagraph (B), the Prisoner Review Board shall
24         consider the nature of the crime of which the prisoner
25         was convicted, the length of the sentence, the
26         likelihood that the prisoner will commit another
27         crime, and the impact on the victim of the crime should
28         the prisoner be released on medical parole. The
29         Prisoner Review Board and the Department of
30         Corrections shall provide a report from the Director
31         which shall contain, at a minimum: (i) a medical
32         assessment from the treating physician or physicians
33         regarding the prisoner's condition, including a
34         diagnosis and related medical history, a description

 

 

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1         of the condition and treatment thereof, a prognosis,
2         including life expectancy, likelihood of recovery,
3         likelihood of improvement, rate of debilitation,
4         degree of incapacity, including an assessment of
5         whether the prisoner is ambulatory, capable of
6         engaging in any substantial physical activity, and the
7         extent of that activity; (ii) a statement by the
8         Department's Medical Director as to whether he or she
9         agrees that the prisoner is terminally ill or
10         permanently physically incapacitated within the
11         meaning of paragraph (3) of this subsection (f); (iii)
12         a recommendation as to the medical treatment which the
13         prisoner would require were he or she to be granted
14         medical parole; and (iv) any security concerns which
15         the Director believes should be considered by the
16         Prisoner Review Board, including the prisoner's
17         disciplinary history and conduct in prison. The
18         Prisoner Review Board may also request of the
19         Department of Corrections that a medical examination
20         of the prisoner be conducted.
21             (D) If the Prisoner Review Board orders the
22         prisoner released on medical parole, the Prisoner
23         Review Board, in cooperation with the Department of
24         Corrections, shall determine the level of appropriate
25         supervision in accordance with the provisions of this
26         Code, including but not limited to Sections 3-3-7,
27         3-14-2, and 5-8A-4. At a minimum, such supervision
28         shall include electronic monitoring or other similar
29         means for ensuring that the person's movement shall be
30         limited to what is necessary for obtaining appropriate
31         medical treatment. In addition to any other terms and
32         conditions of medical parole, supervision of a person
33         on medical parole shall consist of periodic medical
34         evaluations at intervals to be determined by the

 

 

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1         Prisoner Review Board at the time of release. A person
2         on medical parole who violates his or her conditions of
3         parole is subject to the same disciplinary procedures
4         and penalties as other non-medical parolees, up to and
5         including re-incarceration for the remainder of his or
6         her sentence.
7             (E) After a person is released on medical parole,
8         statutory or other good time shall not reduce the
9         remainder of the person's sentence while the person is
10         on medical parole. The term of parole for a person on
11         medical parole shall equal the remainder of the
12         sentence of the person plus any applicable term of
13         parole or mandatory supervised release.
14             (F) If the Prisoner Review Board finds a change in
15         circumstances or discovers new information concerning
16         a person who has been released on medical parole, the
17         Prisoner Review Board may rescind the medical parole or
18         revise the previously granted medical parole release
19         date.
20             (G) The Prisoner Review Board shall issue its
21         decision to release a prisoner on medical parole or
22         deny a prisoner's medical parole or to rescind the
23         medical parole or revise the medical parole release
24         date of the prisoner in writing and provide a basis for
25         the decision. A copy of the decision shall be provided
26         to the prisoner.
27 (Source: P.A. 90-590, eff. 1-1-99.)".