Illinois General Assembly

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 Bill Status of HB3668  98th General Assembly


Short Description:  CD CORR-SENTENCE ELDERLY

House Sponsors
Rep. Arthur Turner - William Davis - Emanuel Chris Welch - Derrick Smith - Barbara Flynn Currie, Mary E. Flowers, Naomi D. Jakobsson, Esther Golar, Elaine Nekritz, Monique D. Davis, Camille Y. Lilly and Linda Chapa LaVia

Last Action
DateChamber Action
  12/3/2014HouseSession Sine Die

Statutes Amended In Order of Appearance
730 ILCS 5/3-3-2from Ch. 38, par. 1003-3-2
730 ILCS 5/5-8-1from Ch. 38, par. 1005-8-1
730 ILCS 5/5-8-1.4 new


Synopsis As Introduced
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 Prisoner Review Board for participation in the Elderly Rehabilitated Prisoner Sentence Modification Program. Provides that if the committed person files the petition, the victims and the families of the victims of the committed person's offenses shall be notified in a timely manner after the filing of the petition. Provides that the Board shall consider the petition in its entirety and shall not order the release of the committed person if it finds that the committed person poses a threat to public safety. Provides that if the Board determines that a committed person is eligible for participation in the Program and that the committed person should participate in the Program, the Board shall set the conditions for the committed person's release from prison before the expiration of his or her sentence. Provides that when granting participation in the Program, the Board may require the committed person, for a period of time upon release, to participate in community service or to wear an electronic monitoring device, or both.

House Committee Amendment No. 1
Adds reference to:
730 ILCS 5/3-3-3from Ch. 38, par. 1003-3-3
730 ILCS 5/5-8-1.5 new

Replaces everything after the enacting clause. Reinserts the provisions of the bill, except: (1) refers to the Program as the Sentence Modification Program; (2) provides that the petition shall contain reasons why the committed person should be granted participation in the Program and, where possible, should provide relevant documentation and statements of support; (3) provides that the petition shall, in the first instance, be screened by the Department of Corrections, which shall determine whether the petitioner should be considered for participation in the Program; (4) provides that the victim or the victim's family shall be notified of any public meeting at which the Prisoner Review Board intends to deliberate on the committed person's participation in the Program; (5) provides that beginning on the effective date of the amendatory Act, notwithstanding any other law to the contrary, all persons serving sentences in the Department of Corrections are eligible to participate in the Sentence Modification Program; (6) provides that notwithstanding any other provision of law to the contrary, any committed person who is serving a sentence, including one who has not yet served the minimum term of the sentence, who is diagnosed as suffering from a terminal or debilitating condition so as to render the committed person unlikely to be physically capable of presenting a danger to society, may be released on medical parole to a hospital, hospice, other licensed inpatient facility, or suitable housing accommodation as specified by the Board; (7) provides that the Department shall promptly notify the Board upon receipt of medical information that a committed person has a diagnosis of a terminal or debilitating condition which prevents him or her from filing a petition on his or her own; (8) provides that the Prisoner Review Board shall consider an appropriate plan for living arrangements, which indicates if the person intends to seek admission to a nursing facility and the name of the facility if known; (9) provides that if the committed person's plan for living arrangements includes relocation to a nursing facility, the Board shall notify the facility of the committed person's intent at least 30 days prior to the committed person's release; and (10) provides that the Board shall, prior to committed person's release, arrange for the committed person to be prescreened and to make application for Medicaid Long Term Care services and the Board shall transmit to the facility prior to the committed person's admission documentation of the prescreening and the committed person's eligibility for Medicaid Long Term Care services, and the committed person's prison and criminal history; the later shall serve to meet the nursing facilities obligation to perform a background check.

Actions 
DateChamber Action
  9/4/2013HouseFiled with the Clerk by Rep. Arthur Turner
  10/22/2013HouseFirst Reading
  10/22/2013HouseReferred to Rules Committee
  12/12/2013HouseAdded Chief Co-Sponsor Rep. William Davis
  1/13/2014HouseAdded Chief Co-Sponsor Rep. Emanuel Chris Welch
  1/14/2014HouseAdded Co-Sponsor Rep. Mary E. Flowers
  1/15/2014HouseAdded Co-Sponsor Rep. Naomi D. Jakobsson
  2/3/2014HouseAdded Chief Co-Sponsor Rep. Derrick Smith
  2/4/2014HouseAdded Co-Sponsor Rep. Barbara Flynn Currie
  2/10/2014HouseAdded Co-Sponsor Rep. Esther Golar
  2/10/2014HouseAdded Chief Co-Sponsor Rep. Barbara Flynn Currie
  2/10/2014HouseRemoved Co-Sponsor Rep. Barbara Flynn Currie
  2/10/2014HouseAdded Co-Sponsor Rep. Elaine Nekritz
  2/18/2014HouseAssigned to Restorative Justice Committee
  2/20/2014HouseAdded Co-Sponsor Rep. Monique D. Davis
  3/18/2014HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Arthur Turner
  3/18/2014HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/19/2014HouseHouse Committee Amendment No. 1 Rules Refers to Restorative Justice Committee
  3/25/2014HouseHouse Committee Amendment No. 1 Adopted in Restorative Justice Committee; by Voice Vote
  3/25/2014HouseDo Pass as Amended / Standard Debate Restorative Justice Committee; 004-003-000
  3/25/2014HousePlaced on Calendar 2nd Reading - Standard Debate
  4/3/2014HouseAdded Co-Sponsor Rep. Camille Y. Lilly
  4/9/2014HouseSecond Reading - Standard Debate
  4/9/2014HousePlaced on Calendar Order of 3rd Reading - Standard Debate
  4/11/2014HouseRule 19(a) / Re-referred to Rules Committee
  8/5/2014HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  12/3/2014HouseSession Sine Die

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