HB4173 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4173

 

Introduced , by Rep. Arthur Turner

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Unified Code of Corrections. Provides that a committed person who is at least 50 years of age and who has served at least 25 consecutive years of imprisonment in a Department of Corrections institution or facility 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. Provides that after 8 years of participation in the Program, the participant may petition the Governor for executive clemency. Provides that the Department shall select a panel of independent researchers to assess the effectiveness of the Program and to make annual recommendations to the Governor and General Assembly as to whether the Program should be extended.


LRB100 15435 RLC 30429 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4173LRB100 15435 RLC 30429 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 (i) is at least 50 years of age and (ii) has
13    served at least 25 consecutive years of imprisonment in a
14    facility or institution of the Department of Corrections.
15        "Family member" means a spouse, parent, child, or
16    sibling.
17        "Program" means the Pathway to Community Program
18    created in this Section.
19    (b) A committed person may petition the Department of
20Corrections for participation in the Pathway to Community
21Program as provided in this Section. If a committed person
22files a petition, the Department shall make an exhaustive

 

 

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

 

 

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1    information demonstrating that the petitioner has engaged
2    in self-education programs, correspondence courses, or
3    other self-improvement efforts;
4        (2) the genuine reform and changed behavior the
5    petitioner has demonstrated over a period of years;
6        (3) the petitioner's remorse for the consequences of
7    his or her criminal conduct;
8        (4) the petitioner's ability to socialize with others
9    in an acceptable manner;
10        (5) the petitioner's renunciation of criminal activity
11    and gang affiliation if the petitioner was a member of a
12    gang;
13        (6) an appropriate plan for living arrangements,
14    financial support, and any medical care that will be needed
15    when the petitioner returns to society; and
16        (7) input from the victim of the petitioner's offense
17    and from their family members.
18    (e) Fifty participants shall be selected for the Program.
19Before a participant is selected for the Program, the
20petitioner shall successfully complete an atonement and
21restorative justice program prepared by the Department.
22Following completion of this program of atonement and
23restorative justice, the Department shall notify the victim and
24the family members of the victim of the petitioner's offense
25and to afford them the opportunity to participate in the
26Department's final selection process for the Pathway to

 

 

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1Community Program. Up to $1,000 of trauma-informed victim
2services or trauma-certified professional therapy shall be
3provided by the Department to family members of the victim of
4the petitioner's offense. Insurance policies of the family
5members of the victim of the petitioner's offense or family
6members financial resources shall first be used to pay the
7costs of these services or therapy. Optional participation by
8family members of the victim of petitioner's offense shall be
9provided by the Department at no cost to the family members of
10the victim.
11    (f) Time served in the Program shall be credited toward
12time served on the sentence. The end date of the period of
13mandatory supervised release shall remain the same as it would
14have been had the petitioner not been given early supervised
15release, and the petitioner shall remain under supervision of
16the Department until that date, except that the Department may
17enter an order releasing and discharging the petitioner from
18mandatory supervised release if it determines that he or she is
19likely to remain at liberty without committing another offense.
20Discharge of the petitioner from mandatory supervised release
21does not discharge the petitioner's sentence, if time to be
22served remains; nor does it deprive the Department of
23jurisdiction over the petitioner, if time to be served remains.
24    (g) Beginning on the effective date of this amendatory Act
25of the 100th General Assembly, notwithstanding any other law to
26the contrary, all persons serving sentences in the Department

 

 

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

 

 

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