SB1829 94TH GENERAL ASSEMBLY

LRB094 11234 RLC 41961 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1829

Introduced 2/25/2005, by Sen. John J. Cullerton

SYNOPSIS AS INTRODUCED:

730 ILCS 5/3-3-3

from Ch. 38, par. 1003-3-3

Amends the Unified Code of Corrections. Provides that a prisoner committed to the custody of the Illinois Department of Corrections, including, without limitation, a person serving a sentence that limits the person's eligibility for reduced sentence, parole, or mandatory supervised release, shall be immediately eligible for a medical parole if the person suffers from a serious illness or serious disease which has the effect of permanently incapacitating the prisoner; or the person is terminally ill and is expected, with a reasonable degree of medical certainty, to die within the following 12 months. Establishes procedures by which the prisoner may apply to the Prisoner Review Board for medical parole. Provides that after a person is released on medical parole, statutory or other good time shall not reduce the remainder of the person's sentence while the person is on medical parole. Provides that the term of parole for a person on medical parole shall equal the remainder of the sentence of the person plus any applicable term of parole or mandatory supervised release.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Unified Code of Corrections is amended by changing Section 3-3-3 as follows:

(730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)

Sec. 3-3-3. Eligibility for Parole or Release.

(a) Except for those offenders who accept the fixed release date established by the Prisoner Review Board under Section 3-3-2.1, every person serving a term of imprisonment under the law in effect prior to the effective date of this amendatory Act of 1977 shall be eligible for parole when he has served:

(1) the minimum term of an indeterminate sentence less time credit for good behavior, or 20 years less time credit for good behavior, whichever is less; or

(2) 20 years of a life sentence less time credit for good behavior; or

(3) 20 years or one-third of a determinate sentence, whichever is less, less time credit for good behavior.

(b) No person sentenced under this amendatory Act of 1977 or who accepts a release date under Section 3-3-2.1 shall be eligible for parole.

(c) Except for those sentenced to a term of natural life imprisonment, every person sentenced to imprisonment under this amendatory Act of 1977 or given a release date under Section 3-3-2.1 of this Act shall serve the full term of a determinate sentence less time credit for good behavior and shall then be released under the mandatory supervised release provisions of paragraph (d) of Section 5-8-1 of this Code.

(d) No person serving a term of natural life imprisonment may be paroled or released except through executive clemency.

(e) Every person committed to the Juvenile Division under Section 5-10 of the Juvenile Court Act or Section 5-750 of the Juvenile Court Act of 1987 or Section 5-8-6 of this Code and confined in the State correctional institutions or facilities if such juvenile has not been tried as an adult shall be eligible for parole without regard to the length of time the person has been confined or whether the person has served any minimum term imposed. However, if a juvenile has been tried as an adult he shall only be eligible for parole or mandatory supervised release as an adult under this Section.

(f) Medical parole.

(1) Legislative purpose. Medical parole is made available in light of the fiscal costs of treating seriously ill prisoners within facilities maintained by the Illinois Department of Corrections.

(2) Application for benefits by persons on medical parole.

(A) If a person has been released on medical parole pursuant to clause (3) of this subsection (f) and applies for public assistance, including without limitation medical assistance under any program funded in whole or in part by the federal government, the Department of Corrections shall forward the application for assistance to the Illinois Department of Human Services, and advise the Prisoner Review Board of such application.

(B) The Department of Human Services shall, within 60 days after receipt of a medical parole application for assistance, determine the eligibility of the person for any program for which he or she may be eligible, including without limitation any medical assistance which is funded in whole or in part by the federal government.

(C) If a person is released on medical parole and is in need of public assistance, including without limitation medical assistance, the Department of Human Services is responsible for the administrative costs of the initial and any subsequent eligibility determination and for the costs of any public assistance, including medical assistance, following a person's release on medical parole for as long as the person is eligible for such assistance.

(3) Medical parole. A prisoner committed to the custody of the Illinois Department of Corrections, including, without limitation, a person serving a sentence that limits the person's eligibility for reduced sentence, parole, or mandatory supervised release, shall be immediately eligible for a medical parole under the following circumstances:

(A) If the Department of Corrections makes a recommendation to, or the prisoner makes application to, the Prisoner Review Board with supporting medical evidence stating any of the following:

(i) the person suffers from a serious illness or serious disease which has the effect of permanently incapacitating the prisoner; or

(ii) the person is terminally ill and is expected, with a reasonable degree of medical certainty, to die within the following 12 months.

(B) After reviewing the recommendation, the Prisoner Review Board, acting through a panel of at least 3 members, determines all of the following:

(i) the person is eligible for medical parole under clause (A); and

(ii) the person can be released without detriment to the community or to the person.

(C) Prior to making a determination under clause (B), the Prisoner Review Board may (and in the event of a request initiated by the prisoner must) request that the Department of Corrections provide additional information regarding any security concerns relating to the prisoner and the medical condition of the prisoner. The Prisoner Review Board may also request of the Department of Corrections that a medical examination of the prisoner be conducted.

(D) If the Prisoner Review Board orders the person released on medical parole, the Prisoner Review Board, in cooperation with the Department of Corrections, shall determine the level of appropriate supervision of the person. At a minimum, such supervision shall include electronic monitoring or other similar means for ensuring that the prisoner's movement shall be limited to what is necessary for obtaining appropriate medical treatment. In addition to any other terms and conditions of medical parole, supervision of a person on medical parole shall consist of periodic medical evaluations at intervals to be determined by the Prisoner Review Board at the time of release.

(E) After a person is released on medical parole, statutory or other good time shall not reduce the remainder of the person's sentence while the person is on medical parole. The term of parole for a person on medical parole shall equal the remainder of the sentence of the person plus any applicable term of parole or mandatory supervised release.

(F) If the Prisoner Review Board finds a change in circumstances or discovers new information concerning a person who has been released on medical parole, the Prisoner Review Board may rescind the medical parole or revise the previously granted medical parole release date.

(G) The Prisoner Review Board shall issue its decision to release a person on medical parole or deny a person's medical parole or to rescind the medical parole or revise the medical parole release date of the person in writing and provide a basis for the decision. A copy of the decision shall be provided to the person.

(Source: P.A. 90-590, eff. 1-1-99.)