Public Act 102-0494
 
HB3665 EnrolledLRB102 14156 KMF 19508 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. This Act may be referred to as the Joe Coleman
Medical Release Act.
 
    Section 5. The Rights of Crime Victims and Witnesses Act
is amended by changing Section 5 as follows:
 
    (725 ILCS 120/5)  (from Ch. 38, par. 1405)
    Sec. 5. Rights of witnesses.
    (a) Witnesses as defined in subsection (b) of Section 3 of
this Act shall have the following rights:
        (1) to be notified by the Office of the State's
    Attorney of all court proceedings at which the witness'
    presence is required in a reasonable amount of time prior
    to the proceeding, and to be notified of the cancellation
    of any scheduled court proceeding in sufficient time to
    prevent an unnecessary appearance in court, where
    possible;
        (2) to be provided with appropriate employer
    intercession services by the Office of the State's
    Attorney or the victim advocate personnel to ensure that
    employers of witnesses will cooperate with the criminal
    justice system in order to minimize an employee's loss of
    pay and other benefits resulting from court appearances;
        (3) to be provided, whenever possible, a secure
    waiting area during court proceedings that does not
    require witnesses to be in close proximity to defendants
    and their families and friends;
        (4) to be provided with notice by the Office of the
    State's Attorney, where necessary, of the right to have a
    translator present whenever the witness' presence is
    required and, in compliance with the federal Americans
    with Disabilities Act of 1990, to be provided with notice
    of the right to communications access through a sign
    language interpreter or by other means.
    (b) At the written request of the witness, the witness
shall:
        (1) receive notice from the office of the State's
    Attorney of any request for post-conviction review filed
    by the defendant under Article 122 of the Code of Criminal
    Procedure of 1963, and of the date, time, and place of any
    hearing concerning the petition for post-conviction
    review; whenever possible, notice of the hearing on the
    petition shall be given in advance;
        (2) receive notice by the releasing authority of the
    defendant's discharge from State custody if the defendant
    was committed to the Department of Human Services under
    Section 5-2-4 or any other provision of the Unified Code
    of Corrections;
        (3) receive notice from the Prisoner Review Board of
    the prisoner's escape from State custody, after the Board
    has been notified of the escape by the Department of
    Corrections or the Department of Juvenile Justice; when
    the escapee is apprehended, the Department of Corrections
    or the Department of Juvenile Justice shall immediately
    notify the Prisoner Review Board and the Board shall
    notify the witness;
        (4) receive notice from the Prisoner Review Board or
    the Department of Juvenile Justice of the prisoner's
    release on parole, aftercare release, electronic
    detention, work release or mandatory supervised release
    and of the prisoner's final discharge from parole,
    aftercare release, electronic detention, work release, or
    mandatory supervised release.
    (c) The crime victim has the right to submit a victim
statement to the Prisoner Review Board for consideration at a
medical release hearing as provided in Section 3-3-14 of the
Unified Code of Corrections. A victim statement may be
submitted in writing, on film, videotape, or other electronic
means, or in the form of a recording prior to a hearing, or
orally at a hearing, or by calling the toll-free number
established in subsection (f) of Section 4.5. Victim
statements provided to the Board shall be confidential and
privileged, including any statements received prior to the
effective date of this amendatory Act of the 102nd General
Assembly, except if the statement was an oral statement made
by the victim at a hearing open to the public.
(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
 
    Section 10. The Unified Code of Corrections is amended by
changing Section 3-3-1 and by adding Sections 3-3-14 and
3-3-15 as follows:
 
    (730 ILCS 5/3-3-1)  (from Ch. 38, par. 1003-3-1)
    Sec. 3-3-1. Establishment and appointment of Prisoner
Review Board.
    (a) There shall be a Prisoner Review Board independent of
the Department which shall be:
        (1) the paroling authority for persons sentenced under
    the law in effect prior to the effective date of this
    amendatory Act of 1977;
        (1.2) the paroling authority for persons eligible for
    parole review under Section 5-4.5-115;
        (1.5) (blank);
        (2) the board of review for cases involving the
    revocation of sentence credits or a suspension or
    reduction in the rate of accumulating the credit;
        (3) the board of review and recommendation for the
    exercise of executive clemency by the Governor;
        (4) the authority for establishing release dates for
    certain prisoners sentenced under the law in existence
    prior to the effective date of this amendatory Act of
    1977, in accordance with Section 3-3-2.1 of this Code;
        (5) the authority for setting conditions for parole
    and mandatory supervised release under Section 5-8-1(a) of
    this Code, and determining whether a violation of those
    conditions warrant revocation of parole or mandatory
    supervised release or the imposition of other sanctions;
    and
        (6) the authority for determining whether a violation
    of aftercare release conditions warrant revocation of
    aftercare release; and .
        (7) the authority to release medically infirm or
    disabled prisoners under Section 3-3-14.
    (b) The Board shall consist of 15 persons appointed by the
Governor by and with the advice and consent of the Senate. One
member of the Board shall be designated by the Governor to be
Chairman and shall serve as Chairman at the pleasure of the
Governor. The members of the Board shall have had at least 5
years of actual experience in the fields of penology,
corrections work, law enforcement, sociology, law, education,
social work, medicine, psychology, other behavioral sciences,
or a combination thereof. At least 6 members so appointed must
have at least 3 years experience in the field of juvenile
matters. No more than 8 Board members may be members of the
same political party.
    Each member of the Board shall serve on a full-time basis
and shall not hold any other salaried public office, whether
elective or appointive, nor any other office or position of
profit, nor engage in any other business, employment, or
vocation. The Chairman of the Board shall receive $35,000 a
year, or an amount set by the Compensation Review Board,
whichever is greater, and each other member $30,000, or an
amount set by the Compensation Review Board, whichever is
greater.
    (c) Notwithstanding any other provision of this Section,
the term of each member of the Board who was appointed by the
Governor and is in office on June 30, 2003 shall terminate at
the close of business on that date or when all of the successor
members to be appointed pursuant to this amendatory Act of the
93rd General Assembly have been appointed by the Governor,
whichever occurs later. As soon as possible, the Governor
shall appoint persons to fill the vacancies created by this
amendatory Act.
    Of the initial members appointed under this amendatory Act
of the 93rd General Assembly, the Governor shall appoint 5
members whose terms shall expire on the third Monday in
January 2005, 5 members whose terms shall expire on the third
Monday in January 2007, and 5 members whose terms shall expire
on the third Monday in January 2009. Their respective
successors shall be appointed for terms of 6 years from the
third Monday in January of the year of appointment. Each
member shall serve until his or her successor is appointed and
qualified.
    Any member may be removed by the Governor for
incompetence, neglect of duty, malfeasance or inability to
serve.
    (d) The Chairman of the Board shall be its chief executive
and administrative officer. The Board may have an Executive
Director; if so, the Executive Director shall be appointed by
the Governor with the advice and consent of the Senate. The
salary and duties of the Executive Director shall be fixed by
the Board.
(Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20.)
 
    (730 ILCS 5/3-3-14 new)
    Sec. 3-3-14. Procedure for medical release.
    (a) Definitions:
        (1) As used in this Section "medically incapacitated"
    means that an inmate has any diagnosable medical
    condition, including dementia and severe, permanent
    medical or cognitive disability, that prevents the inmate
    from completing more than one activity of daily living
    without assistance or that incapacitates the inmate to the
    extent that institutional confinement does not offer
    additional restrictions, and that the condition is
    unlikely to improve noticeably in the future.
        (2) As used in this Section, "terminal illness" means
    a condition that satisfies all of the following criteria:
            (i) the condition is irreversible and incurable;
        and
            (ii) in accordance with medical standards and a
        reasonable degree of medical certainty, based on an
        individual assessment of the inmate, the condition is
        likely to cause death to the inmate within 18 months.
    (b) The Prisoner Review Board shall consider an
application for compassionate release on behalf of any inmate
who meets any of the following:
        (1) is suffering from a terminal illness; or
        (2) has been diagnosed with a condition that will
    result in medical incapacity within the next 6 months; or
        (3) has become medically incapacitated subsequent to
    sentencing due to illness or injury.
    (c) Initial Application:
        (1) An initial application for medical release may be
    filed with the Prisoner Review Board by an inmate, a
    prison official, a medical professional who has treated or
    diagnosed the inmate, or an inmate's spouse, parent,
    guardian, grandparent, aunt or uncle, sibling, child over
    the age of eighteen years, or attorney. If the initial
    application is made by someone other than the inmate, the
    inmate, or if they are medically unable to consent, the
    guardian or family member designated to represent their
    interests must consent to the application at the time of
    the institutional hearing.
        (2) Application materials shall be maintained on the
    Prisoner Review Board's website, the Department of
    Corrections' website, and maintained in a clearly visible
    place within the law library and the infirmary of every
    penal institution and facility operated by the Department
    of Corrections.
        (3) The initial application need not be notarized, can
    be sent via email or facsimile, and must contain the
    following information:
            (i) the inmate's name and Illinois Department of
        Corrections number;
            (ii) the inmate's diagnosis;
            (iii) a statement that the inmate meets one of the
        following diagnostic criteria:
                (a) the inmate is suffering from a terminal
            illness;
                (b) the inmate has been diagnosed with a
            condition that will result in medical incapacity
            within the next 6 months; or
                (c) the inmate has become medically
            incapacitated subsequent to sentencing due to
            illness or injury.
        (4) Upon receiving the inmate's initial application,
    the Board shall order the Department of Corrections to
    have a physician or nurse practitioner evaluate the inmate
    and create a written evaluation within ten days of the
    Board's order. The evaluation shall include but need not
    be limited to:
            (i) a concise statement of the inmate's medical
        diagnosis, including prognosis, likelihood of
        recovery, and primary symptoms, to include
        incapacitation; and
            (ii) a statement confirming or denying that the
        inmate meets one of the criteria stated in subsection
        (b) of this Section.
    (d) Institutional hearing. No public institutional hearing
is required for consideration of a petition, but shall be
granted at the request of petitioner. The inmate may be
represented by counsel and may present witnesses to the Board
members. Hearings shall be governed by the Open Parole
Hearings Act.
    (e) Voting procedure. Petitions shall be considered by
three-member panels, and decisions shall be made by simple
majority.
    (f) Consideration. In considering a petition for release
under the statute, the Prisoner Review Board may consider the
following factors:
            (i) the inmate's diagnosis and likelihood of
        recovery;
            (ii) the approximate cost of health care to the
        State should the inmate remain in custody;
            (iii) the impact that the inmate's continued
        incarceration may have on the provision of medical
        care within the Department;
            (iv) the present likelihood of and ability to pose
        a substantial danger to the physical safety of a
        specifically identifiable person or persons;
            (v) any statements by the victim regarding
        release; and
            (vi) whether the inmate's condition was explicitly
        disclosed to the original sentencing judge and taken
        into account at the time of sentencing.
    (g) Inmates granted medical release shall be released on
mandatory supervised release for a period of 5 years subject
to Section 3-3-8, which shall operate to discharge any
remaining term of years imposed upon him or her. However, in no
event shall the eligible person serve a period of mandatory
supervised release greater than the aggregate of the
discharged underlying sentence and the mandatory supervised
release period as set forth in Section 5-4.5-20.
    (h) Within 90 days of the receipt of the initial
application, the Prisoner Review Board shall conduct a hearing
if a hearing is requested and render a decision granting or
denying the petitioner's request for release.
    (i) Nothing in this statute shall preclude a petitioner
from seeking alternative forms of release, including clemency,
relief from the sentencing court, post-conviction relief, or
any other legal remedy.
    (j) This act applies retroactively, and shall be
applicable to all currently incarcerated people in Illinois.
    (k) Data report.
    The Department of Corrections and the Prisoner Review
Board shall release a report annually published on their
websites that reports the following information about the
Medical Release Program:
        (1) The number of applications for medical release
    received by the Board in the preceding year, and
    information about those applications including:
            (i) demographic data about the individual
        including race or ethnicity, gender, age, and
        institution;
            (ii) the highest class of offense for which the
        individual is incarcerated;
            (iii) the relationship of the applicant to the
        person completing the application;
            (iv) whether the applicant had applied for medical
        release before and been denied, and, if so, when;
            (v) whether the person applied as a person who is
        medically incapacitated or a person who is terminally
        ill; and
            (vi) a basic description of the underlying medical
        condition that led to the application.
        (2) The number of medical statements from the
    Department of Corrections received by the Board;
        (3) The number of institutional hearings on medical
    release applications conducted by the Board;
        (4) The number of people approved for medical release,
    and information about them including:
            (i) demographic data about the individual
        including race or ethnicity, gender, age, and zip code
        to which they were released;
            (ii) whether the person applied as a person who is
        medically incapacitated or a person who is terminally
        ill;
            (iii) a basic description of the underlying
        medical condition that led to the application; and
            (iv) a basic description of the medical setting
        the person was released to.
        (5) The number of people released on the medical
    release program;
        (6) The number of people approved for medical release
    who experienced more than a one month delay between
    release decision and ultimate release including;
            (i) demographic data about the individuals
        including race or ethnicity, gender and age;
            (ii) the reason for the delay;
            (iii) whether the person remains incarcerated; and
            (iv) a basic description of the underlying medical
        condition of the applying person.
        (7) For those individuals released on mandatory
    supervised release due to a granted application for
    medical release;
            (i) the number of individuals who were serving
        terms of mandatory supervised release because of
        medical release applications during the previous year;
            (ii) the number of individuals who had their
        mandatory supervised release revoked; and
            (iii) the number of individuals who died during
        the previous year.
        (8) Information on seriously ill individuals
    incarcerated at the Department of Corrections including:
            (i) the number of people currently receiving
        full-time one-on-one medical care or assistance with
        activities of daily living within Department of
        Corrections facilities and whether that care is
        provided by a medical practitioner or an inmate, along
        with the institutions at which they are incarcerated;
        and
            (ii) the number of people who spent more than one
        month in outside hospital care during the previous
        year and their home institutions.
    All the information provided in this report shall be
provided in aggregate, and nothing shall be construed to
require the public dissemination of any personal medical
information.
 
    (730 ILCS 5/3-3-15 new)
    Sec. 3-3-15. Prisoner Review Board; sole discretion to
grant medical release. A grant of medical release under this
Article shall be an act of executive and legislative grace and
shall be at the sole discretion of the Prisoner Review Board.
 
    Section 15. The Open Parole Hearings Act is amended by
changing Section 5 as follows:
 
    (730 ILCS 105/5)  (from Ch. 38, par. 1655)
    Sec. 5. Definitions. As used in this Act:
    (a) "Applicant" means an inmate who is being considered
for parole by the Prisoner Review Board.
    (a-1) "Aftercare releasee" means a person released from
the Department of Juvenile Justice on aftercare release
subject to aftercare revocation proceedings.
    (b) "Board" means the Prisoner Review Board as established
in Section 3-3-1 of the Unified Code of Corrections.
    (c) "Parolee" means a person subject to parole revocation
proceedings.
    (d) "Parole hearing" means the formal hearing and
determination of an inmate being considered for release from
incarceration on parole, including medical release hearings
pursuant to Section 3-3-14.
    (e) "Parole, aftercare release, or mandatory supervised
release revocation hearing" means the formal hearing and
determination of allegations that a parolee, aftercare
releasee, or mandatory supervised releasee has violated the
conditions of his or her release.
    (f) "Victim" means a victim or witness of a violent crime
as defined in subsection (a) of Section 3 of the Bill of Rights
of Crime for Victims and Witnesses of Violent Crime Act, or any
person legally related to the victim by blood, marriage,
adoption, or guardianship, or any friend of the victim, or any
concerned citizen.
    (g) "Violent crime" means a crime defined in subsection
(c) of Section 3 of the Bill of Rights of Crime for Victims and
Witnesses of Violent Crime Act.
(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17;
revised 9-21-20.)