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

HB3665ham001 102ND GENERAL ASSEMBLY

Rep. Will Guzzardi

Filed: 4/15/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3665

2    AMENDMENT NO. ______. Amend House Bill 3665 by replacing
3everything after the enacting clause with the following:
 
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 and by adding Sections 3-3-14
8and 3-3-15 as follows:
 
9    (725 ILCS 120/5)  (from Ch. 38, par. 1405)
10    Sec. 5. Rights of witnesses.
11    (a) Witnesses as defined in subsection (b) of Section 3 of
12this Act shall have the following rights:
13        (1) to be notified by the Office of the State's
14    Attorney of all court proceedings at which the witness'
15    presence is required in a reasonable amount of time prior

 

 

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1    to the proceeding, and to be notified of the cancellation
2    of any scheduled court proceeding in sufficient time to
3    prevent an unnecessary appearance in court, where
4    possible;
5        (2) to be provided with appropriate employer
6    intercession services by the Office of the State's
7    Attorney or the victim advocate personnel to ensure that
8    employers of witnesses will cooperate with the criminal
9    justice system in order to minimize an employee's loss of
10    pay and other benefits resulting from court appearances;
11        (3) to be provided, whenever possible, a secure
12    waiting area during court proceedings that does not
13    require witnesses to be in close proximity to defendants
14    and their families and friends;
15        (4) to be provided with notice by the Office of the
16    State's Attorney, where necessary, of the right to have a
17    translator present whenever the witness' presence is
18    required and, in compliance with the federal Americans
19    with Disabilities Act of 1990, to be provided with notice
20    of the right to communications access through a sign
21    language interpreter or by other means.
22    (b) At the written request of the witness, the witness
23shall:
24        (1) receive notice from the office of the State's
25    Attorney of any request for post-conviction review filed
26    by the defendant under Article 122 of the Code of Criminal

 

 

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1    Procedure of 1963, and of the date, time, and place of any
2    hearing concerning the petition for post-conviction
3    review; whenever possible, notice of the hearing on the
4    petition shall be given in advance;
5        (2) receive notice by the releasing authority of the
6    defendant's discharge from State custody if the defendant
7    was committed to the Department of Human Services under
8    Section 5-2-4 or any other provision of the Unified Code
9    of Corrections;
10        (3) receive notice from the Prisoner Review Board of
11    the prisoner's escape from State custody, after the Board
12    has been notified of the escape by the Department of
13    Corrections or the Department of Juvenile Justice; when
14    the escapee is apprehended, the Department of Corrections
15    or the Department of Juvenile Justice shall immediately
16    notify the Prisoner Review Board and the Board shall
17    notify the witness;
18        (4) receive notice from the Prisoner Review Board or
19    the Department of Juvenile Justice of the prisoner's
20    release on parole, aftercare release, electronic
21    detention, work release or mandatory supervised release
22    and of the prisoner's final discharge from parole,
23    aftercare release, electronic detention, work release, or
24    mandatory supervised release.
25    (c) The crime victim has the right to submit a victim
26statement to the Prisoner Review Board for consideration at a

 

 

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1medical release hearing as provided in Section 3-3-14 of the
2Unified Code of Corrections. A victim statement may be
3submitted in writing, on film, videotape, or other electronic
4means, or in the form of a recording prior to a hearing, or
5orally at a hearing, or by calling the toll-free number
6established in subsection (f) of Section 4.5. Victim
7statements provided to the Board shall be confidential and
8privileged, including any statements received prior to the
9effective date of this amendatory Act of the 102nd General
10Assembly, except if the statement was an oral statement made
11by the victim at a hearing open to the public.
12(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
 
13    Section 10. The Unified Code of Corrections is amended by
14changing Section 3-3-1 and by adding Sections 3-3-14 and
153-3-15 as follows:
 
16    (730 ILCS 5/3-3-1)  (from Ch. 38, par. 1003-3-1)
17    Sec. 3-3-1. Establishment and appointment of Prisoner
18Review Board.
19    (a) There shall be a Prisoner Review Board independent of
20the Department which shall be:
21        (1) the paroling authority for persons sentenced under
22    the law in effect prior to the effective date of this
23    amendatory Act of 1977;
24        (1.2) the paroling authority for persons eligible for

 

 

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1    parole review under Section 5-4.5-115;
2        (1.5) (blank);
3        (2) the board of review for cases involving the
4    revocation of sentence credits or a suspension or
5    reduction in the rate of accumulating the credit;
6        (3) the board of review and recommendation for the
7    exercise of executive clemency by the Governor;
8        (4) the authority for establishing release dates for
9    certain prisoners sentenced under the law in existence
10    prior to the effective date of this amendatory Act of
11    1977, in accordance with Section 3-3-2.1 of this Code;
12        (5) the authority for setting conditions for parole
13    and mandatory supervised release under Section 5-8-1(a) of
14    this Code, and determining whether a violation of those
15    conditions warrant revocation of parole or mandatory
16    supervised release or the imposition of other sanctions;
17    and
18        (6) the authority for determining whether a violation
19    of aftercare release conditions warrant revocation of
20    aftercare release; and .
21        (7) the authority to release medically infirm or
22    disabled prisoners under Section 3-3-14.
23    (b) The Board shall consist of 15 persons appointed by the
24Governor by and with the advice and consent of the Senate. One
25member of the Board shall be designated by the Governor to be
26Chairman and shall serve as Chairman at the pleasure of the

 

 

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1Governor. The members of the Board shall have had at least 5
2years of actual experience in the fields of penology,
3corrections work, law enforcement, sociology, law, education,
4social work, medicine, psychology, other behavioral sciences,
5or a combination thereof. At least 6 members so appointed must
6have at least 3 years experience in the field of juvenile
7matters. No more than 8 Board members may be members of the
8same political party.
9    Each member of the Board shall serve on a full-time basis
10and shall not hold any other salaried public office, whether
11elective or appointive, nor any other office or position of
12profit, nor engage in any other business, employment, or
13vocation. The Chairman of the Board shall receive $35,000 a
14year, or an amount set by the Compensation Review Board,
15whichever is greater, and each other member $30,000, or an
16amount set by the Compensation Review Board, whichever is
17greater.
18    (c) Notwithstanding any other provision of this Section,
19the term of each member of the Board who was appointed by the
20Governor and is in office on June 30, 2003 shall terminate at
21the close of business on that date or when all of the successor
22members to be appointed pursuant to this amendatory Act of the
2393rd General Assembly have been appointed by the Governor,
24whichever occurs later. As soon as possible, the Governor
25shall appoint persons to fill the vacancies created by this
26amendatory Act.

 

 

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1    Of the initial members appointed under this amendatory Act
2of the 93rd General Assembly, the Governor shall appoint 5
3members whose terms shall expire on the third Monday in
4January 2005, 5 members whose terms shall expire on the third
5Monday in January 2007, and 5 members whose terms shall expire
6on the third Monday in January 2009. Their respective
7successors shall be appointed for terms of 6 years from the
8third Monday in January of the year of appointment. Each
9member shall serve until his or her successor is appointed and
10qualified.
11    Any member may be removed by the Governor for
12incompetence, neglect of duty, malfeasance or inability to
13serve.
14    (d) The Chairman of the Board shall be its chief executive
15and administrative officer. The Board may have an Executive
16Director; if so, the Executive Director shall be appointed by
17the Governor with the advice and consent of the Senate. The
18salary and duties of the Executive Director shall be fixed by
19the Board.
20(Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20.)
 
21    (730 ILCS 5/3-3-14 new)
22    Sec. 3-3-14. Procedure for medical release.
23    (a) Definitions:
24        (1) As used in this Section "medically incapacitated"
25    means that an inmate has any diagnosable medical

 

 

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1    condition, including dementia and severe, permanent
2    medical or cognitive disability, that prevents the inmate
3    from completing more than one activities of daily living
4    without assistance or that incapacitates the inmate to the
5    extent that institutional confinement does not offer
6    additional restrictions, and that the condition is
7    unlikely to improve noticeably in the future.
8        (2) As used in this Section, "terminal illness" means
9    a condition that satisfies all of the following criteria:
10            (i) the condition is irreversible and incurable;
11        and
12            (ii) in accordance with medical standards and a
13        reasonable degree of medical certainty, based on an
14        individual assessment of the inmate, the condition is
15        likely to cause death to the inmate within 18 months.
16    (b) The Prisoner Review Board shall consider an
17application for compassionate release on behalf of any inmate
18who meets any of the following:
19        (1) is suffering from a terminal illness; or
20        (2) has been diagnosed with a condition that will
21    result in medical incapacity within the next 6 months; or
22        (3) has become medically incapacitated subsequent to
23    sentencing due to illness or injury.
24    (c) Initial Application:
25        (1) An initial application for medical release may be
26    filed with the Prisoner Review Board by an inmate, a

 

 

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1    prison official, a medical professional who has treated or
2    diagnosed the inmate, or an inmate's spouse, parent,
3    guardian, grandparent, aunt or uncle, sibling, child over
4    the age of eighteen years, or attorney. If the initial
5    application is made by someone other than the inmate, the
6    inmate, or if they are medically unable to consent, the
7    guardian or family member designated to represent their
8    interests must consent to the application at the time of
9    the institutional hearing.
10        (2) Application materials shall be maintained on the
11    Prisoner Review Board's website, the Department of
12    Corrections' website, and maintained in a clearly visible
13    place within the law library and the infirmary of every
14    penal institution and facility operated by the Department
15    of Corrections.
16        (3) The initial application need not be notarized, can
17    be sent via email or facsimile, and must contain the
18    following information:
19            (i) the inmate's name and Illinois Department of
20        Corrections number;
21            (ii) the inmate's diagnosis;
22            (iii) a statement that the inmate meets one of the
23        following diagnostic criteria:
24                (a) the inmate is suffering from a terminal
25            illness;
26                (b) the inmate has been diagnosed with a

 

 

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1            condition that will result in medical incapacity
2            within the next 6 months; or
3                (c) the inmate has become medically
4            incapacitated subsequent to sentencing due to
5            illness or injury.
6        (4) Upon receiving the inmate's initial application,
7    the Board shall order the Department of Corrections to
8    have a physician or nurse practitioner evaluate the inmate
9    and create a written evaluation within ten days of the
10    Board's order. The evaluation shall include but need not
11    be limited to:
12            (i) a concise statement of the inmate's medical
13        diagnosis, including prognosis, likelihood of
14        recovery, and primary symptoms, to include
15        incapacitation; and
16            (ii) a statement confirming or denying that the
17        inmate meets one of the criteria stated in subsection
18        (b) of this Section.
19    (d) Institutional hearing. No public institutional hearing
20is required for consideration of a petition, but shall be
21granted at the request of petitioner. The inmate may be
22represented by counsel and may present witnesses to the Board
23members. Hearings shall be governed by the Open Parole
24Hearings Act.
25    (e) Voting procedure. Petitions shall be considered by
26three-member panels, and decisions shall be made by simple

 

 

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1majority.
2    (f) Consideration. In considering a petition for release
3under the statute, the Prisoner Review Board may consider the
4following factors:
5            (i) the inmate's diagnosis and likelihood of
6        recovery;
7            (ii) the approximate cost of health care to the
8        State should the inmate remain in custody;
9            (iii) the impact that the inmate's continued
10        incarceration may have on the provision of medical
11        care within the Department;
12            (iv) the present likelihood of and ability to pose
13        a substantial danger to the physical safety of a
14        specifically identifiable person or persons;
15            (v) any statements by the victim regarding
16        release; and
17            (vi) whether the inmate's condition was explicitly
18        disclosed to the original sentencing judge and taken
19        into account at the time of sentencing.
20    (g) Inmates granted medical release shall be released on
21mandatory supervised release for a period of 5 years subject
22to Section 3-3-8, which shall operate to discharge any
23remaining term of years imposed upon him or her. However, in no
24event shall the eligible person serve a period of mandatory
25supervised release greater than the aggregate of the
26discharged underlying sentence and the mandatory supervised

 

 

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1release period as set forth in Section 5-4.5-20.
2    (h) Within 90 days of the receipt of the initial
3application, the Prisoner Review Board shall conduct a hearing
4if a hearing is requested and render a decision granting or
5denying the petitioner's request for release.
6    (i) Nothing in this statute shall preclude a petitioner
7from seeking alternative forms of release, including clemency,
8relief from the sentencing court, post-conviction relief, or
9any other legal remedy.
10    (j) This act applies retroactively, and shall be
11applicable to all currently incarcerated people in Illinois.
12    (k) Data report.
13    The Department of Corrections and the Prisoner Review
14Board shall release a report annually published on their
15websites that reports the following information about the
16Medical Release Program:
17        (1) The number of applications for medical release
18    received by the Board in the preceding year, and
19    information about those applications including:
20            (i) demographic data about the individual
21        including race or ethnicity, gender, age, and
22        institution;
23            (ii) the highest class of offense for which the
24        individual is incarcerated;
25            (iii) the relationship of the applicant to the
26        person completing the application;

 

 

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1            (iv) whether the applicant had applied for medical
2        release before and been denied, and, if so, when;
3            (v) whether the person applied as a person who is
4        medically incapacitated or a person who is terminally
5        ill; and
6            (vi) a basic description of the underlying medical
7        condition that led to the application.
8        (2) The number of medical statements from the
9    Department of Corrections received by the Board;
10        (3) The number of institutional hearings on medical
11    release applications conducted by the Board;
12        (4) The number of people approved for medical release,
13    and information about them including:
14            (i) demographic data about the individual
15        including race or ethnicity, gender, age, and zip code
16        to which they were released;
17            (ii) whether the person applied as a person who is
18        medically incapacitated or a person who is terminally
19        ill;
20            (iii) a basic description of the underlying
21        medical condition that led to the application; and
22            (iv) a basic description of the medical setting
23        the person was released to.
24        (5) The number of people released on the medical
25    release program;
26        (6) The number of people approved for medical release

 

 

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1    who experienced more than a one month delay between
2    release decision and ultimate release including;
3            (i) demographic data about the individuals
4        including race or ethnicity, gender and age;
5            (ii) the reason for the delay;
6            (iii) whether the person remains incarcerated; and
7            (iv) a basic description of the underlying medical
8        condition of the applying person.
9        (7) For those individuals released on mandatory
10    supervised release due to a granted application for
11    medical release;
12            (i) the number of individuals who were serving
13        terms of mandatory supervised release because of
14        medical release applications during the previous year;
15            (ii) the number of individuals who had their
16        mandatory supervised release revoked; and
17            (iii) the number of individuals who died during
18        the previous year.
19        (8) Information on seriously ill individuals
20    incarcerated at the Department of Corrections including:
21            (i) the number of people currently receiving
22        full-time one-on-one medical care or assistance with
23        activities of daily living within Department of
24        Corrections facilities and whether that care is
25        provided by a medical practitioner or an inmate, along
26        with the institutions at which they are incarcerated;

 

 

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1        and
2            (ii) the number of people who spent more than one
3        month in outside hospital care during the previous
4        year and their home institutions.
5    All the information provided in this report shall be
6provided in aggregate, and nothing shall be construed to
7require the public dissemination of any personal medical
8information.
 
9    (730 ILCS 5/3-3-15 new)
10    Sec. 3-3-15. Prisoner Review Board; sole discretion to
11grant medical release. A grant of medical release under this
12Article shall be an act of executive and legislative grace and
13shall be at the sole discretion of the Prisoner Review Board.
 
14    Section 15. The Open Parole Hearings Act is amended by
15changing Section 5 as follows:
 
16    (730 ILCS 105/5)  (from Ch. 38, par. 1655)
17    Sec. 5. Definitions. As used in this Act:
18    (a) "Applicant" means an inmate who is being considered
19for parole by the Prisoner Review Board.
20    (a-1) "Aftercare releasee" means a person released from
21the Department of Juvenile Justice on aftercare release
22subject to aftercare revocation proceedings.
23    (b) "Board" means the Prisoner Review Board as established

 

 

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1in Section 3-3-1 of the Unified Code of Corrections.
2    (c) "Parolee" means a person subject to parole revocation
3proceedings.
4    (d) "Parole hearing" means the formal hearing and
5determination of an inmate being considered for release from
6incarceration on parole, including medical release hearings
7pursuant to Section 3-3-14.
8    (e) "Parole, aftercare release, or mandatory supervised
9release revocation hearing" means the formal hearing and
10determination of allegations that a parolee, aftercare
11releasee, or mandatory supervised releasee has violated the
12conditions of his or her release.
13    (f) "Victim" means a victim or witness of a violent crime
14as defined in subsection (a) of Section 3 of the Bill of Rights
15of Crime for Victims and Witnesses of Violent Crime Act, or any
16person legally related to the victim by blood, marriage,
17adoption, or guardianship, or any friend of the victim, or any
18concerned citizen.
19    (g) "Violent crime" means a crime defined in subsection
20(c) of Section 3 of the Bill of Rights of Crime for Victims and
21Witnesses of Violent Crime Act.
22(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17;
23revised 9-21-20.)".