Full Text of HB2400 101st General Assembly
HB2400eng 101ST GENERAL ASSEMBLY |
| | HB2400 Engrossed | | LRB101 07237 RLC 52275 b |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. This Act may be referred to as the Pathway to | 5 | | Community Act. | 6 | | Section 5. The Unified Code of Corrections is amended by | 7 | | adding 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, other than a committed person who has been | 13 | | convicted of the first degree murder of a peace officer or | 14 | | fire fighter or other than a sexual predator as defined in | 15 | | Section 2 of the Sex Offender Registration Act, who (i) is | 16 | | at least 50 years of age and (ii) has served at least 30 | 17 | | consecutive years of imprisonment in a facility or | 18 | | institution of the Department of Corrections. | 19 | | "Family member" means a spouse, parent, child, or | 20 | | sibling. | 21 | | "Program" means the Pathway to Community Program | 22 | | created in this Section. |
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| 1 | | (b) There is created a 5-year pilot program, the Pathway to | 2 | | Community Program, within the Department of Corrections. A | 3 | | committed person may petition the Department of Corrections for | 4 | | participation in the Pathway to Community Program as provided | 5 | | in this Section. If a committed person files a petition, the | 6 | | Department shall make an exhaustive effort to find and notify | 7 | | the victim and the family members of the victim of the | 8 | | petitioner's offense. | 9 | | (c) The petition shall contain a statement by the | 10 | | petitioner that he or she is qualified to participate in the | 11 | | Program, together with the petitioner's plans for reentry, | 12 | | including, but not limited to, information about where the | 13 | | petitioner will live, how the petitioner will be supported | 14 | | financially, and any plans for the petitioner's ongoing medical | 15 | | care if necessary. The petition may also contain supporting | 16 | | statements or documentation related to the factors listed in | 17 | | paragraphs (1) through (7) of subsection (d) of this Section. | 18 | | (d) The petition shall, in the first instance, be screened | 19 | | by the Department of Corrections, which shall determine whether | 20 | | to recommend that the petitioner be considered for | 21 | | participation in the Program. In so doing, the Department shall | 22 | | draw on information in the petition and on its own resources, | 23 | | including its use of tools that assesses the petitioner's | 24 | | risks, assets, and needs to determine whether the petitioner | 25 | | may be released and, if so, under what specific conditions set | 26 | | by the Department. Among other factors, in making this |
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| 1 | | determination the Department shall consider the following: | 2 | | (1) the petitioner's successful participation in | 3 | | programs designed to restore him or her to a useful and | 4 | | productive life upon release (including educational | 5 | | programs and programs designed to deal with substance abuse | 6 | | or other issues) or, if the programs are not available, | 7 | | information demonstrating that the petitioner has engaged | 8 | | in self-education programs, correspondence courses, or | 9 | | other self-improvement efforts; | 10 | | (2) the genuine reform and changed behavior the | 11 | | petitioner has demonstrated over a period of years; | 12 | | (3) the petitioner's remorse for the consequences of | 13 | | his or her criminal conduct; | 14 | | (4) the petitioner's ability to socialize with others | 15 | | in an acceptable manner; | 16 | | (5) the petitioner's renunciation of criminal activity | 17 | | and gang affiliation if the petitioner was a member of a | 18 | | gang; | 19 | | (6) an appropriate plan for living arrangements, | 20 | | financial support, and any medical care that will be needed | 21 | | when the petitioner returns to society; and | 22 | | (7) input from the victim of the petitioner's offense | 23 | | and from their family members. | 24 | | (e) No more than 15 committed persons who are male and no | 25 | | more than 15 committed persons who are female shall be selected | 26 | | by the Department for participation in the Program. Before a |
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| 1 | | participant is selected for the Program, the petitioner shall | 2 | | successfully complete an atonement and restorative justice | 3 | | program prepared by the Department. Following completion of | 4 | | this program of atonement and restorative justice, the | 5 | | Department shall notify the victim and the family members of | 6 | | the victim of the petitioner's offense and to afford them the | 7 | | opportunity to participate in the Department's final selection | 8 | | process for the Pathway to Community Program. Up to $1,000 of | 9 | | trauma-informed victim services or trauma-certified | 10 | | professional therapy shall be provided by the Department to | 11 | | family members of the victim of the petitioner's offense. | 12 | | Insurance policies of the family members of the victim of the | 13 | | petitioner's offense or family members financial resources | 14 | | shall first be used to pay the costs of these services or | 15 | | therapy. Optional participation by family members of the victim | 16 | | of petitioner's offense shall be provided by the Department at | 17 | | no cost to the family members of the victim. | 18 | | (f) Time served in the Program shall be credited toward | 19 | | time served on the sentence. The end date of the period of | 20 | | mandatory supervised release shall remain the same as it would | 21 | | have been had the petitioner not been given early supervised | 22 | | release, and the petitioner shall remain under supervision of | 23 | | the Department until that date. | 24 | | (g) Beginning on the effective date of this amendatory Act | 25 | | of the 101st General Assembly, notwithstanding any other law to | 26 | | the contrary, all persons serving sentences in the Department |
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| 1 | | who meet the requirements of subsection (b) of this Section are | 2 | | eligible to petition to participate in the Program. The | 3 | | Department shall establish a system to allow for the orderly | 4 | | disposition of the applications of those presently | 5 | | incarcerated as they become eligible. | 6 | | (h) Each participant in the Program shall have a volunteer | 7 | | sponsor and shall remain in the custody of the Department of | 8 | | Corrections throughout his or her participation in the Program. | 9 | | (i) After 5 years of participation in the Program, the | 10 | | participant may petition the Governor for executive clemency | 11 | | under Section 3-3-13 of this Code. | 12 | | (j) The Department shall select a panel of independent | 13 | | researchers to assess the effectiveness of the Program and to | 14 | | make annual recommendations to the Governor and General | 15 | | Assembly as to whether the Program should be extended. | 16 | | (k) Notwithstanding any other provision of law to the | 17 | | contrary, this Section shall control any release under this | 18 | | Program. | 19 | | (l) This Section is repealed after 6 years from the | 20 | | effective date of this amendatory Act of the 101st General | 21 | | Assembly.
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