Full Text of HB3665 102nd General Assembly
HB3665ham001 102ND GENERAL ASSEMBLY | Rep. Will Guzzardi Filed: 4/15/2021
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| 1 | | AMENDMENT TO HOUSE BILL 3665
| 2 | | AMENDMENT NO. ______. Amend House Bill 3665 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. This Act may be referred to as the Joe Coleman | 5 | | Medical Release Act. | 6 | | Section 5. The Rights of Crime Victims and Witnesses Act | 7 | | is amended by changing Section 5 and by adding Sections 3-3-14 | 8 | | and 3-3-15 as follows:
| 9 | | (725 ILCS 120/5) (from Ch. 38, par. 1405)
| 10 | | Sec. 5. Rights of witnesses.
| 11 | | (a) Witnesses as defined in subsection (b) of
Section 3 of | 12 | | this Act shall have the following rights:
| 13 | | (1) to be notified by the Office of the State's | 14 | | Attorney of all court
proceedings at which the witness' | 15 | | presence is required in a reasonable
amount of time prior |
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| 1 | | to the proceeding, and to be notified of the
cancellation | 2 | | of any scheduled court proceeding in sufficient time to
| 3 | | prevent an unnecessary appearance in court, where | 4 | | possible;
| 5 | | (2) to be provided with appropriate employer | 6 | | intercession services by
the Office of the State's | 7 | | Attorney or the victim advocate personnel to
ensure
that | 8 | | employers of witnesses will cooperate with the criminal | 9 | | justice system
in order to minimize an employee's loss of | 10 | | pay and other benefits resulting
from court appearances;
| 11 | | (3) to be provided, whenever possible, a secure | 12 | | waiting area during
court proceedings that does not | 13 | | require witnesses to be in close proximity
to defendants | 14 | | and their families and friends;
| 15 | | (4) to be provided with notice by the Office of the | 16 | | State's Attorney,
where necessary, of the right to have a | 17 | | translator
present whenever the witness' presence is | 18 | | required and, in compliance with the federal Americans
| 19 | | with Disabilities Act of 1990, to be provided with notice | 20 | | of the right to communications access through a
sign | 21 | | language interpreter or by other means.
| 22 | | (b) At the written request of the witness, the witness | 23 | | shall:
| 24 | | (1) receive notice from the office of the State's | 25 | | Attorney of any request
for post-conviction review filed | 26 | | by the defendant under Article 122 of the Code
of Criminal |
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| 1 | | Procedure of 1963, and of the date, time, and place of any | 2 | | hearing
concerning the petition for post-conviction | 3 | | review; whenever possible, notice
of the hearing on the | 4 | | petition shall be given in advance;
| 5 | | (2) receive notice by the releasing authority of the | 6 | | defendant's discharge
from State custody if the defendant | 7 | | was committed to the Department of Human Services under | 8 | | Section 5-2-4 or any other
provision of the Unified Code | 9 | | of Corrections;
| 10 | | (3) receive notice from the Prisoner Review Board of | 11 | | the prisoner's escape
from State custody, after the Board | 12 | | has been notified of the escape by the
Department of | 13 | | Corrections or the Department of Juvenile Justice;
when | 14 | | the escapee is apprehended, the Department of Corrections | 15 | | or the Department of Juvenile Justice shall
immediately | 16 | | notify the Prisoner Review Board and the Board shall | 17 | | notify the
witness;
| 18 | | (4) receive notice from the Prisoner Review Board or | 19 | | the Department of Juvenile Justice of the prisoner's
| 20 | | release on parole, aftercare release, electronic | 21 | | detention, work release or mandatory supervised
release | 22 | | and of the prisoner's final
discharge from parole, | 23 | | aftercare release, electronic detention, work release, or | 24 | | mandatory
supervised release.
| 25 | | (c) The crime victim has the right to submit a victim | 26 | | statement to the Prisoner Review Board for consideration at a |
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| 1 | | medical release hearing as provided in Section 3-3-14 of the | 2 | | Unified Code of Corrections. A victim statement may be | 3 | | submitted in writing, on film, videotape, or other electronic | 4 | | means, or in the form of a recording prior to a hearing, or | 5 | | orally at a hearing, or by calling the toll-free number | 6 | | established in subsection (f) of Section 4.5. Victim | 7 | | statements provided to the Board shall be confidential and | 8 | | privileged, including any statements received prior to the | 9 | | effective date of this amendatory Act of the 102nd General | 10 | | Assembly, except if the statement was an oral statement made | 11 | | by the victim at a hearing open to the public. | 12 | | (Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17 .)
| 13 | | Section 10. The Unified Code of Corrections is amended by | 14 | | changing Section 3-3-1 and by adding Sections 3-3-14 and | 15 | | 3-3-15 as follows:
| 16 | | (730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
| 17 | | Sec. 3-3-1. Establishment and appointment of Prisoner | 18 | | Review Board.
| 19 | | (a) There shall be a Prisoner Review Board independent of | 20 | | the Department
which shall be:
| 21 | | (1) the paroling authority for persons sentenced under | 22 | | the
law in effect prior to the effective date of this | 23 | | amendatory
Act of 1977;
| 24 | | (1.2) the paroling authority for persons eligible for |
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| 1 | | parole review under Section 5-4.5-115; | 2 | | (1.5) (blank); | 3 | | (2) the board of review for cases involving the | 4 | | revocation
of sentence credits or a suspension or | 5 | | reduction in the
rate of accumulating the credit;
| 6 | | (3) the board of review and recommendation for the | 7 | | exercise
of executive clemency by the Governor;
| 8 | | (4) the authority for establishing release dates for
| 9 | | certain prisoners sentenced under the law in existence | 10 | | prior
to the effective date of this amendatory Act of | 11 | | 1977, in
accordance with Section 3-3-2.1 of this Code;
| 12 | | (5) the authority for setting conditions for parole | 13 | | and
mandatory supervised release under Section 5-8-1(a) of | 14 | | this
Code, and determining whether a violation of those | 15 | | conditions
warrant revocation of parole or mandatory | 16 | | supervised release
or the imposition of other sanctions; | 17 | | and | 18 | | (6) the authority for determining whether a violation | 19 | | of aftercare release conditions warrant revocation of | 20 | | aftercare release ; and .
| 21 | | (7) the authority to release medically infirm or | 22 | | disabled prisoners under Section 3-3-14. | 23 | | (b) The Board shall consist of 15 persons appointed by
the | 24 | | Governor by and with the advice and consent of the Senate.
One | 25 | | member of the Board shall be designated by the Governor
to be | 26 | | Chairman and shall serve as Chairman at the pleasure of
the |
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| 1 | | Governor. The members of the Board shall have had at
least 5 | 2 | | years of actual experience in the fields of penology,
| 3 | | corrections work, law enforcement, sociology, law, education,
| 4 | | social work, medicine, psychology, other behavioral sciences,
| 5 | | or a combination thereof. At least 6 members so appointed
must | 6 | | have at least 3 years experience in the field of
juvenile | 7 | | matters. No more than 8 Board members may be members
of the | 8 | | same political party.
| 9 | | Each member of the Board shall serve on a full-time basis
| 10 | | and shall not hold any other salaried public office, whether | 11 | | elective or
appointive, nor any other office or position of | 12 | | profit, nor engage in any
other business, employment, or | 13 | | vocation. The Chairman of the Board shall
receive $35,000 a | 14 | | year, or an amount set by the Compensation Review Board,
| 15 | | whichever is greater, and each other member $30,000, or an | 16 | | amount set by the
Compensation Review Board, whichever is | 17 | | greater.
| 18 | | (c) Notwithstanding any other provision of this Section,
| 19 | | the term of each member of the Board
who was appointed by the | 20 | | Governor and is in office on June 30, 2003 shall
terminate at | 21 | | the close of business on that date or when all of the successor
| 22 | | members to be appointed pursuant to this amendatory Act of the | 23 | | 93rd General
Assembly have been appointed by the Governor, | 24 | | whichever occurs later. As soon
as possible, the Governor | 25 | | shall appoint persons to fill the vacancies created
by this | 26 | | amendatory Act.
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| 1 | | Of the initial members appointed under this amendatory Act | 2 | | of the 93rd
General Assembly, the Governor shall appoint 5 | 3 | | members whose terms shall expire
on the third Monday
in | 4 | | January 2005, 5 members whose terms shall expire on the
third | 5 | | Monday in January 2007, and 5 members whose terms
shall expire | 6 | | on the third Monday in January 2009. Their respective | 7 | | successors
shall be appointed for terms of 6 years from the | 8 | | third Monday
in January of the year of appointment. Each | 9 | | member shall
serve until his or her successor is appointed and | 10 | | qualified.
| 11 | | Any member may be removed by the Governor for | 12 | | incompetence, neglect of duty,
malfeasance or inability to | 13 | | serve.
| 14 | | (d) The Chairman of the Board shall be its chief executive | 15 | | and
administrative officer. The Board may have an Executive | 16 | | Director; if so,
the Executive Director shall be appointed by | 17 | | the Governor with the advice and
consent of the Senate. The | 18 | | salary and duties of the Executive Director shall
be fixed by | 19 | | the Board.
| 20 | | (Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20 .)
| 21 | | (730 ILCS 5/3-3-14 new) | 22 | | Sec. 3-3-14. Procedure for medical release. | 23 | | (a) Definitions: | 24 | | (1) As used in this Section "medically incapacitated" | 25 | | means that an inmate has any diagnosable medical |
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| 1 | | condition, including dementia and severe, permanent | 2 | | medical or cognitive disability, that prevents the inmate | 3 | | from completing more than one activities of daily living | 4 | | without assistance or that incapacitates the inmate to the | 5 | | extent that institutional confinement does not offer | 6 | | additional restrictions, and that the condition is | 7 | | unlikely to improve noticeably in the future. | 8 | | (2) As used in this Section, "terminal illness" means | 9 | | a condition that satisfies all of the following criteria: | 10 | | (i) the condition is irreversible and incurable; | 11 | | and | 12 | | (ii) in accordance with medical standards and a | 13 | | reasonable degree of medical certainty,
based on an | 14 | | individual assessment of the inmate, the condition is | 15 | | likely to cause death to
the inmate within 18 months. | 16 | | (b) The Prisoner Review Board shall consider an | 17 | | application for compassionate release on behalf of any inmate | 18 | | who meets any of the following: | 19 | | (1) is suffering from a terminal illness; or | 20 | | (2) has been diagnosed with a condition that will | 21 | | result in medical incapacity within the next 6 months; or | 22 | | (3) has become medically incapacitated subsequent to | 23 | | sentencing due to illness or injury. | 24 | | (c) Initial Application: | 25 | | (1) An initial application for medical release may be | 26 | | filed with the Prisoner Review Board by an inmate, a |
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| 1 | | prison official, a medical professional who has treated or | 2 | | diagnosed the inmate, or an inmate's spouse, parent, | 3 | | guardian, grandparent, aunt or uncle, sibling, child over | 4 | | the age of eighteen years, or attorney. If the initial | 5 | | application is made by someone other than the inmate, the | 6 | | inmate, or if they are medically unable to consent, the | 7 | | guardian or family member designated to represent their | 8 | | interests must consent to the application at the time of | 9 | | the institutional hearing. | 10 | | (2) Application materials shall be maintained on the | 11 | | Prisoner Review Board's website, the Department of | 12 | | Corrections' website, and maintained in a clearly visible | 13 | | place within the law library and the infirmary of every | 14 | | penal institution and facility operated by the Department | 15 | | of Corrections. | 16 | | (3) The initial application need not be notarized, can | 17 | | be sent via email or facsimile, and must contain the | 18 | | following information: | 19 | | (i) the inmate's name and Illinois Department of | 20 | | Corrections number; | 21 | | (ii) the inmate's diagnosis; | 22 | | (iii) a statement that the inmate meets one of the | 23 | | following diagnostic criteria: | 24 | | (a) the inmate is suffering from a terminal | 25 | | illness; | 26 | | (b) the inmate has been diagnosed with a |
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| 1 | | condition that will result in
medical incapacity | 2 | | within the next 6 months; or | 3 | | (c) the inmate has become medically | 4 | | incapacitated subsequent to
sentencing due to | 5 | | illness or injury. | 6 | | (4) Upon receiving the inmate's initial application, | 7 | | the Board shall order the Department of Corrections to | 8 | | have a physician or nurse practitioner evaluate the inmate | 9 | | and create a written evaluation within ten days of the | 10 | | Board's order. The evaluation shall include but need not | 11 | | be limited to: | 12 | | (i) a concise statement of the inmate's medical | 13 | | diagnosis, including prognosis,
likelihood of | 14 | | recovery, and primary symptoms, to include | 15 | | incapacitation; and | 16 | | (ii) a statement confirming or denying that the | 17 | | inmate meets one of the criteria
stated in subsection | 18 | | (b) of this Section. | 19 | | (d) Institutional hearing. No public institutional hearing | 20 | | is required for consideration of a petition, but shall be | 21 | | granted at the request of petitioner. The inmate may be | 22 | | represented by counsel and may present witnesses to the Board | 23 | | members. Hearings shall be governed by the Open Parole | 24 | | Hearings Act. | 25 | | (e) Voting procedure. Petitions shall be considered by | 26 | | three-member panels, and decisions shall be made by simple |
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| 1 | | majority. | 2 | | (f) Consideration. In considering a petition for release | 3 | | under the statute, the Prisoner Review Board may consider the | 4 | | following factors: | 5 | | (i) the inmate's diagnosis and likelihood of | 6 | | recovery; | 7 | | (ii) the approximate cost of health care to the | 8 | | State should the inmate remain in custody; | 9 | | (iii) the impact that the inmate's continued | 10 | | incarceration may have on the provision of
medical | 11 | | care within the Department; | 12 | | (iv) the present likelihood of and ability to pose | 13 | | a substantial danger to the physical safety
of a | 14 | | specifically identifiable person or persons; | 15 | | (v) any statements by the victim regarding | 16 | | release; and | 17 | | (vi) whether the inmate's condition was explicitly | 18 | | disclosed to the original sentencing judge
and taken | 19 | | into account at the time of sentencing. | 20 | | (g) Inmates granted medical release shall be released on | 21 | | mandatory supervised release for a period of 5 years subject | 22 | | to Section 3-3-8, which shall operate to discharge any | 23 | | remaining term of years imposed upon him or her. However, in no | 24 | | event shall the eligible person serve a period of mandatory | 25 | | supervised release greater than the aggregate of the | 26 | | discharged underlying sentence and the mandatory supervised |
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| 1 | | release period as set forth in Section 5-4.5-20. | 2 | | (h) Within 90 days of the receipt of the initial | 3 | | application, the Prisoner Review Board shall conduct a hearing | 4 | | if a hearing is requested and render a decision granting or | 5 | | denying the petitioner's request for release. | 6 | | (i) Nothing in this statute shall preclude a petitioner | 7 | | from seeking alternative forms of release, including clemency, | 8 | | relief from the sentencing court, post-conviction relief, or | 9 | | any other legal remedy. | 10 | | (j) This act applies retroactively, and shall be | 11 | | applicable to all currently incarcerated people in Illinois. | 12 | | (k) Data report. | 13 | | The Department of Corrections and the Prisoner Review | 14 | | Board shall release a report annually published on their | 15 | | websites that reports the following information about the | 16 | | Medical Release Program: | 17 | | (1) The number of applications for medical release | 18 | | received by the Board in the preceding year, and | 19 | | information about those applications including: | 20 | | (i) demographic data about the individual | 21 | | including race or ethnicity, gender, age, and | 22 | | institution; | 23 | | (ii) the highest class of offense for which the | 24 | | individual is incarcerated; | 25 | | (iii) the relationship of the applicant to the | 26 | | person completing the application; |
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| 1 | | (iv) whether the applicant had applied for medical | 2 | | release before and been denied, and, if so, when; | 3 | | (v) whether the person applied as a person who is | 4 | | medically incapacitated or a person who is terminally | 5 | | ill; and | 6 | | (vi) a basic description of the underlying medical | 7 | | condition that led to the application. | 8 | | (2) The number of medical statements from the | 9 | | Department of Corrections received by the Board; | 10 | | (3) The number of institutional hearings on medical | 11 | | release applications conducted by the Board; | 12 | | (4) The number of people approved for medical release, | 13 | | and information about them including: | 14 | | (i) demographic data about the individual | 15 | | including race or ethnicity, gender, age, and zip code | 16 | | to which they were released; | 17 | | (ii) whether the person applied as a person who is | 18 | | medically incapacitated or a person who is terminally | 19 | | ill; | 20 | | (iii) a basic description of the underlying | 21 | | medical condition that led to the application; and | 22 | | (iv) a basic description of the medical setting | 23 | | the person was released to. | 24 | | (5) The number of people released on the medical | 25 | | release program; | 26 | | (6) The number of people approved for medical release |
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| 1 | | who experienced more than a one month
delay between | 2 | | release decision and ultimate release including; | 3 | | (i) demographic data about the individuals | 4 | | including race or ethnicity, gender and age; | 5 | | (ii) the reason for the delay; | 6 | | (iii) whether the person remains incarcerated; and | 7 | | (iv) a basic description of the underlying medical | 8 | | condition of the applying person. | 9 | | (7) For those individuals released on mandatory | 10 | | supervised release due to a granted application for | 11 | | medical release; | 12 | | (i) the number of individuals who were serving | 13 | | terms of mandatory supervised release because of | 14 | | medical release applications during the previous year; | 15 | | (ii) the number of individuals who had their | 16 | | mandatory supervised release revoked; and | 17 | | (iii) the number of individuals who died during | 18 | | the previous year. | 19 | | (8) Information on seriously ill individuals | 20 | | incarcerated at the Department of Corrections including: | 21 | | (i) the number of people currently receiving | 22 | | full-time one-on-one medical care or assistance with | 23 | | activities of daily living within Department of | 24 | | Corrections facilities and whether that care is | 25 | | provided by a medical practitioner or an inmate, along | 26 | | with the institutions at which they are incarcerated; |
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| 1 | | and | 2 | | (ii) the number of people who spent more than one | 3 | | month in outside hospital care during the previous | 4 | | year and their home institutions. | 5 | | All the information provided in this report shall be | 6 | | provided in aggregate, and nothing shall be
construed to | 7 | | require the public dissemination of any personal medical | 8 | | information. | 9 | | (730 ILCS 5/3-3-15 new) | 10 | | Sec. 3-3-15. Prisoner Review Board; sole discretion to | 11 | | grant medical release. A grant of medical release under this | 12 | | Article shall be an act of executive and legislative grace and | 13 | | shall be at the sole discretion of the Prisoner Review Board. | 14 | | Section 15. The Open Parole Hearings Act is amended by | 15 | | changing Section 5 as follows:
| 16 | | (730 ILCS 105/5) (from Ch. 38, par. 1655)
| 17 | | Sec. 5. Definitions. As used in this Act:
| 18 | | (a) "Applicant" means an inmate who is being considered | 19 | | for parole by
the Prisoner Review Board.
| 20 | | (a-1) "Aftercare releasee" means a person released from | 21 | | the Department of Juvenile Justice on aftercare release | 22 | | subject to aftercare revocation proceedings. | 23 | | (b) "Board" means the Prisoner Review Board as established |
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| 1 | | in Section
3-3-1 of the Unified Code of Corrections.
| 2 | | (c) "Parolee" means a person subject to parole revocation | 3 | | proceedings.
| 4 | | (d) "Parole hearing" means the formal hearing and | 5 | | determination of an
inmate being considered for release from | 6 | | incarceration on parole , including medical release hearings | 7 | | pursuant to Section 3-3-14 .
| 8 | | (e) "Parole, aftercare release, or mandatory supervised | 9 | | release revocation hearing" means
the formal hearing and | 10 | | determination of allegations that a parolee, aftercare | 11 | | releasee, or
mandatory supervised releasee has violated the | 12 | | conditions of his or her
release.
| 13 | | (f) "Victim" means a victim or witness of a violent crime | 14 | | as defined in
subsection (a) of Section 3 of the Bill of Rights | 15 | | of Crime for Victims and Witnesses
of Violent Crime Act, or any | 16 | | person legally related to the victim by blood, marriage, | 17 | | adoption, or guardianship, or any friend of the victim, or any | 18 | | concerned citizen.
| 19 | | (g) "Violent crime" means a crime defined in subsection | 20 | | (c) of
Section 3 of the Bill of Rights of Crime for Victims and | 21 | | Witnesses of Violent
Crime Act.
| 22 | | (Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17; | 23 | | revised 9-21-20.)".
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