Illinois General Assembly - Full Text of HB3665
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Full Text of HB3665  102nd General Assembly

HB3665enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB3665 EnrolledLRB102 14156 KMF 19508 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 Joe Coleman
5Medical Release Act.
 
6    Section 5. The Rights of Crime Victims and Witnesses Act
7is amended by changing Section 5 as follows:
 
8    (725 ILCS 120/5)  (from Ch. 38, par. 1405)
9    Sec. 5. Rights of witnesses.
10    (a) Witnesses as defined in subsection (b) of Section 3 of
11this Act shall have the following rights:
12        (1) to be notified by the Office of the State's
13    Attorney of all court proceedings at which the witness'
14    presence is required in a reasonable amount of time prior
15    to the proceeding, and to be notified of the cancellation
16    of any scheduled court proceeding in sufficient time to
17    prevent an unnecessary appearance in court, where
18    possible;
19        (2) to be provided with appropriate employer
20    intercession services by the Office of the State's
21    Attorney or the victim advocate personnel to ensure that
22    employers of witnesses will cooperate with the criminal

 

 

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1    justice system in order to minimize an employee's loss of
2    pay and other benefits resulting from court appearances;
3        (3) to be provided, whenever possible, a secure
4    waiting area during court proceedings that does not
5    require witnesses to be in close proximity to defendants
6    and their families and friends;
7        (4) to be provided with notice by the Office of the
8    State's Attorney, where necessary, of the right to have a
9    translator present whenever the witness' presence is
10    required and, in compliance with the federal Americans
11    with Disabilities Act of 1990, to be provided with notice
12    of the right to communications access through a sign
13    language interpreter or by other means.
14    (b) At the written request of the witness, the witness
15shall:
16        (1) receive notice from the office of the State's
17    Attorney of any request for post-conviction review filed
18    by the defendant under Article 122 of the Code of Criminal
19    Procedure of 1963, and of the date, time, and place of any
20    hearing concerning the petition for post-conviction
21    review; whenever possible, notice of the hearing on the
22    petition shall be given in advance;
23        (2) receive notice by the releasing authority of the
24    defendant's discharge from State custody if the defendant
25    was committed to the Department of Human Services under
26    Section 5-2-4 or any other provision of the Unified Code

 

 

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1    of Corrections;
2        (3) receive notice from the Prisoner Review Board of
3    the prisoner's escape from State custody, after the Board
4    has been notified of the escape by the Department of
5    Corrections or the Department of Juvenile Justice; when
6    the escapee is apprehended, the Department of Corrections
7    or the Department of Juvenile Justice shall immediately
8    notify the Prisoner Review Board and the Board shall
9    notify the witness;
10        (4) receive notice from the Prisoner Review Board or
11    the Department of Juvenile Justice of the prisoner's
12    release on parole, aftercare release, electronic
13    detention, work release or mandatory supervised release
14    and of the prisoner's final discharge from parole,
15    aftercare release, electronic detention, work release, or
16    mandatory supervised release.
17    (c) The crime victim has the right to submit a victim
18statement to the Prisoner Review Board for consideration at a
19medical release hearing as provided in Section 3-3-14 of the
20Unified Code of Corrections. A victim statement may be
21submitted in writing, on film, videotape, or other electronic
22means, or in the form of a recording prior to a hearing, or
23orally at a hearing, or by calling the toll-free number
24established in subsection (f) of Section 4.5. Victim
25statements provided to the Board shall be confidential and
26privileged, including any statements received prior to the

 

 

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1effective date of this amendatory Act of the 102nd General
2Assembly, except if the statement was an oral statement made
3by the victim at a hearing open to the public.
4(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
 
5    Section 10. The Unified Code of Corrections is amended by
6changing Section 3-3-1 and by adding Sections 3-3-14 and
73-3-15 as follows:
 
8    (730 ILCS 5/3-3-1)  (from Ch. 38, par. 1003-3-1)
9    Sec. 3-3-1. Establishment and appointment of Prisoner
10Review Board.
11    (a) There shall be a Prisoner Review Board independent of
12the Department which shall be:
13        (1) the paroling authority for persons sentenced under
14    the law in effect prior to the effective date of this
15    amendatory Act of 1977;
16        (1.2) the paroling authority for persons eligible for
17    parole review under Section 5-4.5-115;
18        (1.5) (blank);
19        (2) the board of review for cases involving the
20    revocation of sentence credits or a suspension or
21    reduction in the rate of accumulating the credit;
22        (3) the board of review and recommendation for the
23    exercise of executive clemency by the Governor;
24        (4) the authority for establishing release dates for

 

 

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1    certain prisoners sentenced under the law in existence
2    prior to the effective date of this amendatory Act of
3    1977, in accordance with Section 3-3-2.1 of this Code;
4        (5) the authority for setting conditions for parole
5    and mandatory supervised release under Section 5-8-1(a) of
6    this Code, and determining whether a violation of those
7    conditions warrant revocation of parole or mandatory
8    supervised release or the imposition of other sanctions;
9    and
10        (6) the authority for determining whether a violation
11    of aftercare release conditions warrant revocation of
12    aftercare release; and .
13        (7) the authority to release medically infirm or
14    disabled prisoners under Section 3-3-14.
15    (b) The Board shall consist of 15 persons appointed by the
16Governor by and with the advice and consent of the Senate. One
17member of the Board shall be designated by the Governor to be
18Chairman and shall serve as Chairman at the pleasure of the
19Governor. The members of the Board shall have had at least 5
20years of actual experience in the fields of penology,
21corrections work, law enforcement, sociology, law, education,
22social work, medicine, psychology, other behavioral sciences,
23or a combination thereof. At least 6 members so appointed must
24have at least 3 years experience in the field of juvenile
25matters. No more than 8 Board members may be members of the
26same political party.

 

 

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1    Each member of the Board shall serve on a full-time basis
2and shall not hold any other salaried public office, whether
3elective or appointive, nor any other office or position of
4profit, nor engage in any other business, employment, or
5vocation. The Chairman of the Board shall receive $35,000 a
6year, or an amount set by the Compensation Review Board,
7whichever is greater, and each other member $30,000, or an
8amount set by the Compensation Review Board, whichever is
9greater.
10    (c) Notwithstanding any other provision of this Section,
11the term of each member of the Board who was appointed by the
12Governor and is in office on June 30, 2003 shall terminate at
13the close of business on that date or when all of the successor
14members to be appointed pursuant to this amendatory Act of the
1593rd General Assembly have been appointed by the Governor,
16whichever occurs later. As soon as possible, the Governor
17shall appoint persons to fill the vacancies created by this
18amendatory Act.
19    Of the initial members appointed under this amendatory Act
20of the 93rd General Assembly, the Governor shall appoint 5
21members whose terms shall expire on the third Monday in
22January 2005, 5 members whose terms shall expire on the third
23Monday in January 2007, and 5 members whose terms shall expire
24on the third Monday in January 2009. Their respective
25successors shall be appointed for terms of 6 years from the
26third Monday in January of the year of appointment. Each

 

 

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1member shall serve until his or her successor is appointed and
2qualified.
3    Any member may be removed by the Governor for
4incompetence, neglect of duty, malfeasance or inability to
5serve.
6    (d) The Chairman of the Board shall be its chief executive
7and administrative officer. The Board may have an Executive
8Director; if so, the Executive Director shall be appointed by
9the Governor with the advice and consent of the Senate. The
10salary and duties of the Executive Director shall be fixed by
11the Board.
12(Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20.)
 
13    (730 ILCS 5/3-3-14 new)
14    Sec. 3-3-14. Procedure for medical release.
15    (a) Definitions:
16        (1) As used in this Section "medically incapacitated"
17    means that an inmate has any diagnosable medical
18    condition, including dementia and severe, permanent
19    medical or cognitive disability, that prevents the inmate
20    from completing more than one activity of daily living
21    without assistance or that incapacitates the inmate to the
22    extent that institutional confinement does not offer
23    additional restrictions, and that the condition is
24    unlikely to improve noticeably in the future.
25        (2) As used in this Section, "terminal illness" means

 

 

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1    a condition that satisfies all of the following criteria:
2            (i) the condition is irreversible and incurable;
3        and
4            (ii) in accordance with medical standards and a
5        reasonable degree of medical certainty, based on an
6        individual assessment of the inmate, the condition is
7        likely to cause death to the inmate within 18 months.
8    (b) The Prisoner Review Board shall consider an
9application for compassionate release on behalf of any inmate
10who meets any of the following:
11        (1) is suffering from a terminal illness; or
12        (2) has been diagnosed with a condition that will
13    result in medical incapacity within the next 6 months; or
14        (3) has become medically incapacitated subsequent to
15    sentencing due to illness or injury.
16    (c) Initial Application:
17        (1) An initial application for medical release may be
18    filed with the Prisoner Review Board by an inmate, a
19    prison official, a medical professional who has treated or
20    diagnosed the inmate, or an inmate's spouse, parent,
21    guardian, grandparent, aunt or uncle, sibling, child over
22    the age of eighteen years, or attorney. If the initial
23    application is made by someone other than the inmate, the
24    inmate, or if they are medically unable to consent, the
25    guardian or family member designated to represent their
26    interests must consent to the application at the time of

 

 

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1    the institutional hearing.
2        (2) Application materials shall be maintained on the
3    Prisoner Review Board's website, the Department of
4    Corrections' website, and maintained in a clearly visible
5    place within the law library and the infirmary of every
6    penal institution and facility operated by the Department
7    of Corrections.
8        (3) The initial application need not be notarized, can
9    be sent via email or facsimile, and must contain the
10    following information:
11            (i) the inmate's name and Illinois Department of
12        Corrections number;
13            (ii) the inmate's diagnosis;
14            (iii) a statement that the inmate meets one of the
15        following diagnostic criteria:
16                (a) the inmate is suffering from a terminal
17            illness;
18                (b) the inmate has been diagnosed with a
19            condition that will result in medical incapacity
20            within the next 6 months; or
21                (c) the inmate has become medically
22            incapacitated subsequent to sentencing due to
23            illness or injury.
24        (4) Upon receiving the inmate's initial application,
25    the Board shall order the Department of Corrections to
26    have a physician or nurse practitioner evaluate the inmate

 

 

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1    and create a written evaluation within ten days of the
2    Board's order. The evaluation shall include but need not
3    be limited to:
4            (i) a concise statement of the inmate's medical
5        diagnosis, including prognosis, likelihood of
6        recovery, and primary symptoms, to include
7        incapacitation; and
8            (ii) a statement confirming or denying that the
9        inmate meets one of the criteria stated in subsection
10        (b) of this Section.
11    (d) Institutional hearing. No public institutional hearing
12is required for consideration of a petition, but shall be
13granted at the request of petitioner. The inmate may be
14represented by counsel and may present witnesses to the Board
15members. Hearings shall be governed by the Open Parole
16Hearings Act.
17    (e) Voting procedure. Petitions shall be considered by
18three-member panels, and decisions shall be made by simple
19majority.
20    (f) Consideration. In considering a petition for release
21under the statute, the Prisoner Review Board may consider the
22following factors:
23            (i) the inmate's diagnosis and likelihood of
24        recovery;
25            (ii) the approximate cost of health care to the
26        State should the inmate remain in custody;

 

 

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1            (iii) the impact that the inmate's continued
2        incarceration may have on the provision of medical
3        care within the Department;
4            (iv) the present likelihood of and ability to pose
5        a substantial danger to the physical safety of a
6        specifically identifiable person or persons;
7            (v) any statements by the victim regarding
8        release; and
9            (vi) whether the inmate's condition was explicitly
10        disclosed to the original sentencing judge and taken
11        into account at the time of sentencing.
12    (g) Inmates granted medical release shall be released on
13mandatory supervised release for a period of 5 years subject
14to Section 3-3-8, which shall operate to discharge any
15remaining term of years imposed upon him or her. However, in no
16event shall the eligible person serve a period of mandatory
17supervised release greater than the aggregate of the
18discharged underlying sentence and the mandatory supervised
19release period as set forth in Section 5-4.5-20.
20    (h) Within 90 days of the receipt of the initial
21application, the Prisoner Review Board shall conduct a hearing
22if a hearing is requested and render a decision granting or
23denying the petitioner's request for release.
24    (i) Nothing in this statute shall preclude a petitioner
25from seeking alternative forms of release, including clemency,
26relief from the sentencing court, post-conviction relief, or

 

 

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1any other legal remedy.
2    (j) This act applies retroactively, and shall be
3applicable to all currently incarcerated people in Illinois.
4    (k) Data report.
5    The Department of Corrections and the Prisoner Review
6Board shall release a report annually published on their
7websites that reports the following information about the
8Medical Release Program:
9        (1) The number of applications for medical release
10    received by the Board in the preceding year, and
11    information about those applications including:
12            (i) demographic data about the individual
13        including race or ethnicity, gender, age, and
14        institution;
15            (ii) the highest class of offense for which the
16        individual is incarcerated;
17            (iii) the relationship of the applicant to the
18        person completing the application;
19            (iv) whether the applicant had applied for medical
20        release before and been denied, and, if so, when;
21            (v) whether the person applied as a person who is
22        medically incapacitated or a person who is terminally
23        ill; and
24            (vi) a basic description of the underlying medical
25        condition that led to the application.
26        (2) The number of medical statements from the

 

 

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1    Department of Corrections received by the Board;
2        (3) The number of institutional hearings on medical
3    release applications conducted by the Board;
4        (4) The number of people approved for medical release,
5    and information about them including:
6            (i) demographic data about the individual
7        including race or ethnicity, gender, age, and zip code
8        to which they were released;
9            (ii) whether the person applied as a person who is
10        medically incapacitated or a person who is terminally
11        ill;
12            (iii) a basic description of the underlying
13        medical condition that led to the application; and
14            (iv) a basic description of the medical setting
15        the person was released to.
16        (5) The number of people released on the medical
17    release program;
18        (6) The number of people approved for medical release
19    who experienced more than a one month delay between
20    release decision and ultimate release including;
21            (i) demographic data about the individuals
22        including race or ethnicity, gender and age;
23            (ii) the reason for the delay;
24            (iii) whether the person remains incarcerated; and
25            (iv) a basic description of the underlying medical
26        condition of the applying person.

 

 

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1        (7) For those individuals released on mandatory
2    supervised release due to a granted application for
3    medical release;
4            (i) the number of individuals who were serving
5        terms of mandatory supervised release because of
6        medical release applications during the previous year;
7            (ii) the number of individuals who had their
8        mandatory supervised release revoked; and
9            (iii) the number of individuals who died during
10        the previous year.
11        (8) Information on seriously ill individuals
12    incarcerated at the Department of Corrections including:
13            (i) the number of people currently receiving
14        full-time one-on-one medical care or assistance with
15        activities of daily living within Department of
16        Corrections facilities and whether that care is
17        provided by a medical practitioner or an inmate, along
18        with the institutions at which they are incarcerated;
19        and
20            (ii) the number of people who spent more than one
21        month in outside hospital care during the previous
22        year and their home institutions.
23    All the information provided in this report shall be
24provided in aggregate, and nothing shall be construed to
25require the public dissemination of any personal medical
26information.
 

 

 

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1    (730 ILCS 5/3-3-15 new)
2    Sec. 3-3-15. Prisoner Review Board; sole discretion to
3grant medical release. A grant of medical release under this
4Article shall be an act of executive and legislative grace and
5shall be at the sole discretion of the Prisoner Review Board.
 
6    Section 15. The Open Parole Hearings Act is amended by
7changing Section 5 as follows:
 
8    (730 ILCS 105/5)  (from Ch. 38, par. 1655)
9    Sec. 5. Definitions. As used in this Act:
10    (a) "Applicant" means an inmate who is being considered
11for parole by the Prisoner Review Board.
12    (a-1) "Aftercare releasee" means a person released from
13the Department of Juvenile Justice on aftercare release
14subject to aftercare revocation proceedings.
15    (b) "Board" means the Prisoner Review Board as established
16in Section 3-3-1 of the Unified Code of Corrections.
17    (c) "Parolee" means a person subject to parole revocation
18proceedings.
19    (d) "Parole hearing" means the formal hearing and
20determination of an inmate being considered for release from
21incarceration on parole, including medical release hearings
22pursuant to Section 3-3-14.
23    (e) "Parole, aftercare release, or mandatory supervised

 

 

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1release revocation hearing" means the formal hearing and
2determination of allegations that a parolee, aftercare
3releasee, or mandatory supervised releasee has violated the
4conditions of his or her release.
5    (f) "Victim" means a victim or witness of a violent crime
6as defined in subsection (a) of Section 3 of the Bill of Rights
7of Crime for Victims and Witnesses of Violent Crime Act, or any
8person legally related to the victim by blood, marriage,
9adoption, or guardianship, or any friend of the victim, or any
10concerned citizen.
11    (g) "Violent crime" means a crime defined in subsection
12(c) of Section 3 of the Bill of Rights of Crime for Victims and
13Witnesses of Violent Crime Act.
14(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17;
15revised 9-21-20.)