Full Text of SB1829 94th General Assembly
SB1829sam002 94TH GENERAL ASSEMBLY
|
Sen. John J. Cullerton
Filed: 4/11/2005
|
|
09400SB1829sam002 |
|
LRB094 11234 RLC 44813 a |
|
| 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 |
|
|
|
09400SB1829sam002 |
- 2 - |
LRB094 11234 RLC 44813 a |
|
| 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. |
|
|
|
09400SB1829sam002 |
- 3 - |
LRB094 11234 RLC 44813 a |
|
| 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 |
|
|
|
09400SB1829sam002 |
- 4 - |
LRB094 11234 RLC 44813 a |
|
| 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 |
|
|
|
09400SB1829sam002 |
- 5 - |
LRB094 11234 RLC 44813 a |
|
| 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 |
|
|
|
09400SB1829sam002 |
- 6 - |
LRB094 11234 RLC 44813 a |
|
| 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.)".
|
|