Bill Text: IL HB3665 | 2021-2022 | 102nd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides that this Act may be referred to as The Joe Coleman Medical Release Act. Reinserts the provisions of the bill as introduced, with the following changes: Amends the Rights of Crime Victims and Witnesses Act. Provides that 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 a Section of the Unified Code of Corrections. Amends the Unified Code of Corrections. In the definition of "medically incapacitated", provides that to qualify the inmate shall have a medical condition preventing the inmate from completing more than one activities of daily living, rather than one or more activities. In the definition of "terminal illness", provides that a condition may qualify if it is likely to cause death in 18 months, rather than 12 months. Provides that 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. Provides that the Department of Corrections and the Prisoner Review Board shall release a report annually published on their websites that reports certain information about the Medical Release Program, such as the number of applications for medical release received by the Board in the preceding year, the number of people released on the medical release program, and the number of institutional hearings on medical release applications conducted by the Board. Provides that 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. Provides that this Act applies retroactively, and shall be applicable to all currently incarcerated people in Illinois. Provides that 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 the Unified Code of Corrections. Amends the Open Parole Hearings Act. Provides that the definition of "parole hearing" includes a medical release hearing. Makes other changes.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Passed) 2021-08-20 - Public Act . . . . . . . . . 102-0494 [HB3665 Detail]

Download: Illinois-2021-HB3665-Engrossed.html

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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. 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

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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.

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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

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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) In this Section:
"Medically incapacitated" means that a committed person
has any diagnosable medical condition, including dementia and
severe, permanent medical or cognitive disability, that
prevents the committed person from completing one or more
activities of daily living without assistance or that
incapacitates the committed person to the extent that
institutional confinement does not offer additional
restrictions, and that the condition is unlikely to improve
noticeably in the future.
"Terminal illness" means a condition that satisfies all of

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the following criteria:
(1) the condition is irreversible and incurable; and
(2) in accordance with medical standards and a
reasonable degree of medical certainty, based on an
individual assessment of the committed person, the
condition is likely to cause death to the committed person
within 12 months.
(b) The Prisoner Review Board shall consider an
application for medical release on behalf of any committed
person who:
(1) is suffering from a terminal illness;
(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) An initial application for medical release may be
filed with the Prisoner Review Board by a committed person, a
prison official, a medical professional who has treated or
diagnosed the committed person, or a committed person's
spouse, parent, guardian, grandparent, aunt or uncle, sibling,
child who is 18 years of age or older, or attorney. If the
initial application is made by someone other than the
committed person, the committed person must consent to the
application at the time of the institutional hearing. If the
committed person is medically unable to consent, the Prisoner
Review Board must contact the guardian or family member

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designated to represent their interests within 3 days of
receiving an application. That family member or guardian must
consent to the application prior to any decision by the
Prisoner Review Board.
(d) 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.
(e) The initial application need not be notarized, may be
sent via email or facsimile, and must contain the following
information:
(1) the committed person's name and Illinois
Department of Corrections number;
(2) the committed person's diagnosis; and
(3) a statement that the committed person meets one of
the following diagnostic criteria:
(A) is suffering from a terminal illness;
(B) has been diagnosed with a condition that will
result in medical incapacity within the next 6 months;
or
(C) has become medically incapacitated subsequent
to sentencing due to illness or injury.
(f) Within 3 days of receiving the committed person's
initial application, the Prisoner Review Board shall order the

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Department of Corrections to have a physician or nurse
practitioner evaluate the committed person and create a
written evaluation within 10 days of the Prisoner Review
Board's order. The evaluation shall include, but is not
limited to:
(1) A concise statement of the committed person's
medical diagnosis, including prognosis, likelihood of
recovery, and primary symptoms, to include incapacitation.
(2) A statement confirming or denying that the
committed person meets one of the criteria stated in
subsection (b).
(g) No institutional hearing is required for consideration
of a petition, but shall be granted at the request of the
petitioner. Upon receipt of the Department of Corrections
evaluation in a case in which the petitioner requests an
institutional hearing, the hearing shall take place within 14
days of the Board's receipt of the evaluation described in
subsection (f). The committed person may be represented by
counsel and may present witnesses to the Board members.
(h) Petitions shall be considered by 3-member panels, and
decisions shall be made by simple majority. The Board shall
render a decision within 14 days of receiving a petition if no
hearing is requested or within 7 days of an institutional
hearing.
(i) In considering a petition for release under this
Section, the Prisoner Review Board may consider the following

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factors:
(1) the committed person's diagnosis and likelihood of
recovery;
(2) the approximate cost of health care to the State
should the committed person remain in custody;
(3) the impact that the committed person's continued
incarceration may have on the provision of medical care
within the Department;
(4) the present likelihood of and ability to pose a
substantial danger to the physical safety of a
specifically identifiable person or persons;
(5) any statements by the victim regarding release;
and
(6) whether the committed person's condition was
explicitly disclosed to the original sentencing judge and
taken into account at the time of sentencing.
(j) A committed person 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 5-8-1.
(k) Nothing in this Section precludes a petitioner from
seeking alternative forms of release, including clemency,

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relief from the sentencing court, post-conviction relief, or
any other legal remedy.
(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.