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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

CORRECTIONS
(730 ILCS 5/) Unified Code of Corrections.

730 ILCS 5/3-3-13

    (730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)
    Sec. 3-3-13. Procedure for executive clemency.
    (a) Petitions seeking pardon, commutation, or reprieve shall be addressed to the Governor and filed with the Prisoner Review Board. The petition shall be in writing and signed by the person under conviction or by a person on his behalf. It shall contain a brief history of the case, the reasons for seeking executive clemency, and other relevant information the Board may require.
    (a-5) After a petition has been denied by the Governor, the Board may not accept a repeat petition for executive clemency for the same person until one full year has elapsed from the date of the denial. The Chairman of the Board may waive the one-year requirement if the petitioner offers in writing new information that was unavailable to the petitioner at the time of the filing of the prior petition and which the Chairman determines to be significant. The Chairman also may waive the one-year waiting period if the petitioner can show that a change in circumstances of a compelling humanitarian nature has arisen since the denial of the prior petition.
    (b) Notice of the proposed application shall be given by the Board to the committing court and the state's attorney of the county where the conviction was had.
    (b-5) Victims registered with the Board shall receive reasonable written notice not less than 30 days prior to the executive clemency hearing date. The victim has the right to submit a victim statement to the Prisoner Review Board for consideration at an executive clemency hearing as provided in subsection (c) of this Section. 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 101st General Assembly, except if the statement was an oral statement made by the victim at a hearing open to the public.
    (c) The Board shall, upon due notice, give a hearing to each application, allowing representation by counsel, if desired, after which it shall confidentially advise the Governor by a written report of its recommendations which shall be determined by majority vote. The written report to the Governor shall be confidential and privileged, including any reports made prior to the effective date of this amendatory Act of the 101st General Assembly. The Board shall meet to consider such petitions no less than 4 times each year.
    (d) The Governor shall decide each application and communicate his decision to the Board which shall notify the petitioner.
    In the event a petitioner who has been convicted of a Class X felony is granted a release, after the Governor has communicated such decision to the Board, the Board shall give written notice to the Sheriff of the county from which the offender was sentenced if such sheriff has requested that such notice be given on a continuing basis. In cases where arrest of the offender or the commission of the offense took place in any municipality with a population of more than 10,000 persons, the Board shall also give written notice to the proper law enforcement agency for said municipality which has requested notice on a continuing basis.
    (e) Nothing in this Section shall be construed to limit the power of the Governor under the constitution to grant a reprieve, commutation of sentence, or pardon.
(Source: P.A. 103-51, eff. 1-1-24.)

730 ILCS 5/3-3-14

    (730 ILCS 5/3-3-14)
    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 the inmate is medically unable to consent, the guardian or family member designated to represent the inmate's 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 and 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 the 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.
(Source: P.A. 102-494, eff. 1-1-22; 102-813, eff. 5-13-22.)

730 ILCS 5/3-3-15

    (730 ILCS 5/3-3-15)
    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.
(Source: P.A. 102-494, eff. 1-1-22.)

730 ILCS 5/Ch. III Art. 4

 
    (730 ILCS 5/Ch. III Art. 4 heading)
ARTICLE 4. FINANCIAL AND PROPERTY ADMINISTRATION

730 ILCS 5/3-4-1

    (730 ILCS 5/3-4-1) (from Ch. 38, par. 1003-4-1)
    Sec. 3-4-1. Gifts and Grants; Special Trusts Funds; Department of Corrections Reimbursement and Education Fund.
    (a) The Department may accept, receive and use, for and in behalf of the State, any moneys, goods or services given for general purposes of this Code by the federal government or from any other source, public or private, including collections from inmates, reimbursement of payments under the Workers' Compensation Act, and commissions from inmate collect call telephone systems under an agreement with the Department of Central Management Services. For these purposes the Department may comply with such conditions and enter into such agreements upon such covenants, terms, and conditions as the Department may deem necessary or desirable, if the agreement is not in conflict with State law.
    (a-5) Beginning January 1, 2018, the Department of Central Management Services shall contract with the qualified vendor who proposes the lowest per minute rate not exceeding 7 cents per minute for debit, prepaid, collect calls and who does not bill to any party any tax, service charge, or additional fee exceeding the per minute rate, including, but not limited to, any per call surcharge, account set up fee, bill statement fee, monthly account maintenance charge, or refund fee as established by the Federal Communications Commission Order for state prisons in the Matter of Rates for Interstate Inmate Calling Services, Second Report and Order, WC Docket 12-375, FCC 15-136 (adopted Oct. 22, 2015). Telephone services made available through a prepaid or collect call system shall include international calls; those calls shall be made available at reasonable rates subject to Federal Communications Commission rules and regulations, but not to exceed 23 cents per minute. Public Act 99-878 applies to any new or renewal contract for inmate calling services.
    (b) On July 1, 1998, the Department of Corrections Reimbursement Fund and the Department of Corrections Education Fund shall be combined into a single fund to be known as the Department of Corrections Reimbursement and Education Fund, which is hereby created as a special fund in the State Treasury. The moneys deposited into the Department of Corrections Reimbursement and Education Fund shall be appropriated to the Department of Corrections for the expenses of the Department.
    The following shall be deposited into the Department of Corrections Reimbursement and Education Fund:
        (i) Moneys received or recovered by the Department of
    
Corrections as reimbursement for expenses incurred for the incarceration of committed persons.
        (ii) Moneys received or recovered by the Department
    
as reimbursement of payments made under the Workers' Compensation Act.
        (iii) Moneys received by the Department as
    
commissions from inmate collect call telephone systems.
        (iv) Moneys received or recovered by the Department
    
as reimbursement for expenses incurred by the employment of persons referred to the Department as participants in the federal Job Training Partnership Act programs.
        (v) Federal moneys, including reimbursement and
    
advances for services rendered or to be rendered and moneys for other than educational purposes, under grant or contract.
        (vi) Moneys identified for deposit into the Fund
    
under Section 13-44.4 of the School Code.
        (vii) Moneys in the Department of Corrections
    
Reimbursement Fund and the Department of Corrections Education Fund at the close of business on June 30, 1998.
    (c) The Department of Juvenile Justice Reimbursement and Education Fund is created as a special fund in the State Treasury. The moneys deposited into the Department of Juvenile Justice Reimbursement Fund and Education shall be appropriated to the Department of Juvenile Justice for the expenses of the Department. The following moneys shall be deposited into the Department of Juvenile Justice Reimbursement Fund and Education Fund:
        (i) received or recovered by the Department of
    
Juvenile Justice as reimbursement for expenses incurred for the incarceration of committed youth;
        (ii) received or recovered by the Department as
    
reimbursement of payments made under the Workers' Compensation Act;
        (iii) received or recovered by the Department as
    
reimbursement for expenses incurred by the employment of persons referred to the Department as participants in the federal Job Training Partnership Act programs;
        (iv) federal moneys, including reimbursement and
    
advances for services rendered or to be rendered and moneys for other than educational purposes, under grant or contract; and
        (v) moneys identified for deposit into the Fund under
    
Section 13-44.6 of the School Code.
(Source: P.A. 102-350, eff. 8-13-21; 102-699, eff. 7-1-22.)

730 ILCS 5/3-4-2

    (730 ILCS 5/3-4-2) (from Ch. 38, par. 1003-4-2)
    Sec. 3-4-2. Disposition of Property. (a) The Department may with the consent of the Director of Central Management Services lease its unneeded, unused or unproductive land upon such terms and conditions, as in its judgment are in the best interest of the State; but any such lease shall provide for the cancellation thereof by the Department, upon reasonable notice given by the Department whenever such land may be needed by the Department or any other agency of this State. Land leased by the Department shall not be placed under a land trust.
    (b) The Department may transfer any realty under its control to any other department of this State government or to the State Employees Housing Commission, or acquire or accept Federal or other lands, when such transfer or acquisition is advantageous to the State and approved in writing by the Governor.
(Source: P.A. 83-597.)