|
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.)
|
