Illinois General Assembly - Full Text of HB4273
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Full Text of HB4273  101st General Assembly




State of Illinois
2019 and 2020


Introduced 1/27/2020, by Rep. Will Guzzardi


730 ILCS 5/3-3-1  from Ch. 38, par. 1003-3-1
730 ILCS 5/3-3-14 new
730 ILCS 5/3-3-15 new

    Amends the Unified Code of Corrections. Provides that the Prisoner Review Board may grant a person committed to the Department of Corrections early release for medical incapacity or terminal illness. Establishes the procedures for applying for that release and the considerations the Prisoner Review Board must make in determining whether to grant the release. Provides that a committed person granted medical release shall be released on mandatory supervised release for a period of 5 years subject to the Code provisions concerning mandatory supervised release, which shall operate to discharge any remaining term of years imposed upon him or her; however, the person shall not serve a period of mandatory supervised release greater than the aggregate of the discharged underlying sentence and the mandatory supervised release period. Provides that a grant of medical release shall be an act of executive and legislative grace and shall be at the sole discretion of the Prisoner Review Board.

LRB101 15971 RLC 67243 b





HB4273LRB101 15971 RLC 67243 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 3-3-1 and by adding Sections 3-3-14 and 3-3-15
6as follows:
7    (730 ILCS 5/3-3-1)  (from Ch. 38, par. 1003-3-1)
8    Sec. 3-3-1. Establishment and appointment of Prisoner
9Review Board.
10    (a) There shall be a Prisoner Review Board independent of
11the Department which shall be:
12        (1) the paroling authority for persons sentenced under
13    the law in effect prior to the effective date of this
14    amendatory Act of 1977;
15        (1.2) the paroling authority for persons eligible for
16    parole review under Section 5-4.5-115;
17        (1.5) (blank);
18        (2) the board of review for cases involving the
19    revocation of sentence credits or a suspension or reduction
20    in the rate of accumulating the credit;
21        (3) the board of review and recommendation for the
22    exercise of executive clemency by the Governor;
23        (4) the authority for establishing release dates for



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1    certain prisoners sentenced under the law in existence
2    prior to the effective date of this amendatory Act of 1977,
3    in accordance with Section 3-3-2.1 of this Code;
4        (5) the authority for setting conditions for parole and
5    mandatory supervised release under Section 5-8-1(a) of
6    this Code, and determining whether a violation of those
7    conditions warrant revocation of parole or mandatory
8    supervised release or the imposition of other sanctions;
9    and
10        (6) the authority for determining whether a violation
11    of aftercare release conditions warrant revocation of
12    aftercare release; and .
13        (7) the authority to release medically infirm or
14    disabled prisoners under Section 3-3-14.
15    (b) The Board shall consist of 15 persons appointed by the
16Governor by and with the advice and consent of the Senate. One
17member of the Board shall be designated by the Governor to be
18Chairman and shall serve as Chairman at the pleasure of the
19Governor. The members of the Board shall have had at least 5
20years of actual experience in the fields of penology,
21corrections work, law enforcement, sociology, law, education,
22social work, medicine, psychology, other behavioral sciences,
23or a combination thereof. At least 6 members so appointed must
24have at least 3 years experience in the field of juvenile
25matters. No more than 8 Board members may be members of the
26same political party.



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1    Each member of the Board shall serve on a full-time basis
2and shall not hold any other salaried public office, whether
3elective or appointive, nor any other office or position of
4profit, nor engage in any other business, employment, or
5vocation. The Chairman of the Board shall receive $35,000 a
6year, or an amount set by the Compensation Review Board,
7whichever is greater, and each other member $30,000, or an
8amount set by the Compensation Review Board, whichever is
10    (c) Notwithstanding any other provision of this Section,
11the term of each member of the Board who was appointed by the
12Governor and is in office on June 30, 2003 shall terminate at
13the close of business on that date or when all of the successor
14members to be appointed pursuant to this amendatory Act of the
1593rd General Assembly have been appointed by the Governor,
16whichever occurs later. As soon as possible, the Governor shall
17appoint persons to fill the vacancies created by this
18amendatory Act.
19    Of the initial members appointed under this amendatory Act
20of the 93rd General Assembly, the Governor shall appoint 5
21members whose terms shall expire on the third Monday in January
222005, 5 members whose terms shall expire on the third Monday in
23January 2007, and 5 members whose terms shall expire on the
24third Monday in January 2009. Their respective successors shall
25be appointed for terms of 6 years from the third Monday in
26January of the year of appointment. Each member shall serve



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1until his or her successor is appointed and qualified.
2    Any member may be removed by the Governor for incompetence,
3neglect of duty, malfeasance or inability to serve.
4    (d) The Chairman of the Board shall be its chief executive
5and administrative officer. The Board may have an Executive
6Director; if so, the Executive Director shall be appointed by
7the Governor with the advice and consent of the Senate. The
8salary and duties of the Executive Director shall be fixed by
9the Board.
10(Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20.)
11    (730 ILCS 5/3-3-14 new)
12    Sec. 3-3-14. Procedure for medical release.
13    (a) In this Section:
14    "Medically incapacitated" means that a committed person
15has any diagnosable medical condition, including dementia and
16severe, permanent medical or cognitive disability, that
17prevents the committed person from completing one or more
18activities of daily living without assistance or that
19incapacitates the committed person to the extent that
20institutional confinement does not offer additional
21restrictions, and that the condition is unlikely to improve
22noticeably in the future.
23    "Terminal illness" means a condition that satisfies all of
24the following criteria:
25        (1) the condition is irreversible and incurable; and



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1        (2) in accordance with medical standards and a
2    reasonable degree of medical certainty, based on an
3    individual assessment of the committed person, the
4    condition is likely to cause death to the committed person
5    within 12 months.
6    (b) The Prisoner Review Board shall consider an application
7for medical release on behalf of any committed person who:
8        (1) is suffering from a terminal illness;
9        (2) has been diagnosed with a condition that will
10    result in medical incapacity within the next 6 months; or
11        (3) has become medically incapacitated subsequent to
12    sentencing due to illness or injury.
13    (c) An initial application for medical release may be filed
14with the Prisoner Review Board by a committed person, a prison
15official, a medical professional who has treated or diagnosed
16the committed person, or a committed person's spouse, parent,
17guardian, grandparent, aunt or uncle, sibling, child who is 18
18years of age or older, or attorney. If the initial application
19is made by someone other than the committed person, the
20committed person must consent to the application at the time of
21the institutional hearing. If the committed person is medically
22unable to consent, the Prisoner Review Board must contact the
23guardian or family member designated to represent their
24interests within 3 days of receiving an application. That
25family member or guardian must consent to the application prior
26to any decision by the Prisoner Review Board.



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1    (d) Application materials shall be maintained on the
2Prisoner Review Board's website and the Department of
3Corrections' website, and maintained in a clearly visible place
4within the law library and the infirmary of every penal
5institution and facility operated by the Department of
7    (e) The initial application need not be notarized, may be
8sent via email or facsimile, and must contain the following
10        (1) the committed person's name and Illinois
11    Department of Corrections number;
12        (2) the committed person's diagnosis; and
13        (3) a statement that the committed person meets one of
14    the following diagnostic criteria:
15            (A) is suffering from a terminal illness;
16            (B) has been diagnosed with a condition that will
17        result in medical incapacity within the next 6 months;
18        or
19            (C) has become medically incapacitated subsequent
20        to sentencing due to illness or injury.
21    (f) Within 3 days of receiving the committed person's
22initial application, the Prisoner Review Board shall order the
23Department of Corrections to have a physician or nurse
24practitioner evaluate the committed person and create a written
25evaluation within 10 days of the Prisoner Review Board's order.
26The evaluation shall include but need not be limited to:



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1        (1) A concise statement of the committed person's
2    medical diagnosis, including prognosis, likelihood of
3    recovery, and primary symptoms, to include incapacitation.
4        (2) A statement confirming or denying that the
5    committed person meets one of the criteria stated in
6    subsection (b).
7    (g) No institutional hearing is required for consideration
8of a petition, but shall be granted at the request of the
9petitioner. Upon receipt of the Department of Corrections
10evaluation in a case in which the petitioner requests an
11institutional hearing, the hearing shall take place within 14
12days of the Board's receipt of the evaluation described in
13subsection (f). The committed person may be represented by
14counsel and may present witnesses to the Board members.
15    (h) Petitions shall be considered by 3-member panels, and
16decisions shall be made by simple majority. The Board shall
17render a decision within 14 days of receiving a petition if no
18hearing is requested or within 7 days of an institutional
20    (i) In considering a petition for release under this
21Section, the Prisoner Review Board may consider the following
23        (1) the committed person's diagnosis and likelihood of
24    recovery;
25        (2) the approximate cost of health care to the State
26    should the committed person remain in custody;



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1        (3) the impact that the committed person's continued
2    incarceration may have on the provision of medical care
3    within the Department;
4        (4) the present likelihood of and ability to pose a
5    substantial danger to the physical safety of a specifically
6    identifiable person or persons;
7        (5) any statements by the victim regarding release; and
8        (6) whether the committed person's condition was
9    explicitly disclosed to the original sentencing judge and
10    taken into account at the time of sentencing.
11    (j) A committed person granted medical release shall be
12released on mandatory supervised release for a period of 5
13years subject to Section 3-3-8, which shall operate to
14discharge any remaining term of years imposed upon him or her.
15However, in no event shall the eligible person serve a period
16of mandatory supervised release greater than the aggregate of
17the discharged underlying sentence and the mandatory
18supervised release period as set forth in Section 5-8-1.
19    (k) Nothing in this Section precludes a petitioner from
20seeking alternative forms of release, including clemency,
21relief from the sentencing court, post-conviction relief, or
22any other legal remedy.
23    (730 ILCS 5/3-3-15 new)
24    Sec. 3-3-15. Prisoner Review Board; sole discretion to
25grant medical release. A grant of medical release under this



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1Article shall be an act of executive and legislative grace and
2shall be at the sole discretion of the Prisoner Review Board.