HB4173 100TH GENERAL ASSEMBLY

LRB100 15435 RLC 30429 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4173

Introduced , by Rep. Arthur Turner

SYNOPSIS AS INTRODUCED:

See Index

Amends the Unified Code of Corrections. Provides that a committed person who is at least 50 years of age and who has served at least 25 consecutive years of imprisonment in a Department of Corrections institution or facility may petition the Department for participation in the Pathway to Community Program. Provides that before a participant is selected for the Program, the petitioner shall successfully complete an atonement and restorative justice program prepared by the Department. Following completion of this program of atonement and restorative justice, the Department shall make an exhaustive effort to find and notify family members of the victim of the petitioner's offense and to afford them the opportunity to participate in the Department's final selection process for the Pathway to Community Program. Provides that the Department shall select 50 participants for the Program from petitions submitted to it by the Department. Provides that up to $1,000 of trauma-informed victim services or trauma-certified professional therapy shall be provided by the Department to family members of the victim of the petitioner's offense. Insurance policies of the family members of the victim of the petitioner's offense or family members financial resources shall first be used to pay the costs of these services or therapy. Optional participation by family members of the victim of petitioner's offense shall be provided by the Department at no cost to the family members of the victim. Provides that after 8 years of participation in the Program, the participant may petition the Governor for executive clemency. Provides that the Department shall select a panel of independent researchers to assess the effectiveness of the Program and to make annual recommendations to the Governor and General Assembly as to whether the Program should be extended.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. This Act may be referred to as the Pathway to Community Act.

Section 5. The Unified Code of Corrections is amended by adding Section 3-14-1.1 as follows:

(730 ILCS 5/3-14-1.1 new)

Sec. 3-14-1.1. Pathway to Community Program.

(a) In this Section:

"Committed person" means a currently incarcerated person who (i) is at least 50 years of age and (ii) has served at least 25 consecutive years of imprisonment in a facility or institution of the Department of Corrections.

"Family member" means a spouse, parent, child, or sibling.

"Program" means the Pathway to Community Program created in this Section.

(b) A committed person may petition the Department of Corrections for participation in the Pathway to Community Program as provided in this Section. If a committed person files a petition, the Department shall make an exhaustive effort to find and notify the victim and the family members of the victim of the petitioner's offense.

(c) The petition shall contain a statement by the petitioner that he or she is qualified to participate in the Program, together with the petitioner's plans for reentry, including, but not limited to, information about where the petitioner will live, how the petitioner will be supported financially, and any plans for the petitioner's ongoing medical care if necessary. The petition may also contain supporting statements or documentation related to the factors listed in paragraphs (1) through (7) of subsection (d) of this Section.

(d) The petition shall, in the first instance, be screened by the Department of Corrections, who shall determine whether to recommend that the petitioner be considered for participation in the Program. In so doing, the Department shall draw on information in the petition and on its own resources, including its use of tools that assesses the petitioner's risks, assets, and needs to determine whether the petitioner may be released and, if so, under what specific conditions set by the Department. Among other factors, in making this determination the Department shall consider the following:

(1) the petitioner's successful participation in programs designed to restore him or her to a useful and productive life upon release (including educational programs and programs designed to deal with substance abuse or other issues) or, if the programs are not available, information demonstrating that the petitioner has engaged in self-education programs, correspondence courses, or other self-improvement efforts;

(2) the genuine reform and changed behavior the petitioner has demonstrated over a period of years;

(3) the petitioner's remorse for the consequences of his or her criminal conduct;

(4) the petitioner's ability to socialize with others in an acceptable manner;

(5) the petitioner's renunciation of criminal activity and gang affiliation if the petitioner was a member of a gang;

(6) an appropriate plan for living arrangements, financial support, and any medical care that will be needed when the petitioner returns to society; and

(7) input from the victim of the petitioner's offense and from their family members.

(e) Fifty participants shall be selected for the Program. Before a participant is selected for the Program, the petitioner shall successfully complete an atonement and restorative justice program prepared by the Department. Following completion of this program of atonement and restorative justice, the Department shall notify the victim and the family members of the victim of the petitioner's offense and to afford them the opportunity to participate in the Department's final selection process for the Pathway to Community Program. Up to $1,000 of trauma-informed victim services or trauma-certified professional therapy shall be provided by the Department to family members of the victim of the petitioner's offense. Insurance policies of the family members of the victim of the petitioner's offense or family members financial resources shall first be used to pay the costs of these services or therapy. Optional participation by family members of the victim of petitioner's offense shall be provided by the Department at no cost to the family members of the victim.

(f) Time served in the Program shall be credited toward time served on the sentence. The end date of the period of mandatory supervised release shall remain the same as it would have been had the petitioner not been given early supervised release, and the petitioner shall remain under supervision of the Department until that date, except that the Department may enter an order releasing and discharging the petitioner from mandatory supervised release if it determines that he or she is likely to remain at liberty without committing another offense. Discharge of the petitioner from mandatory supervised release does not discharge the petitioner's sentence, if time to be served remains; nor does it deprive the Department of jurisdiction over the petitioner, if time to be served remains.

(g) Beginning on the effective date of this amendatory Act of the 100th General Assembly, notwithstanding any other law to the contrary, all persons serving sentences in the Department who meet the requirements of subsection (b) of this Section are eligible to petition to participate in the Program. The Department shall establish a system to allow for the orderly disposition of the applications of those presently incarcerated as they become eligible.

(h) After 8 years of participation in the Program, the participant may petition the Governor for executive clemency under Section 3-3-13 of this Code.

(i) The Department shall select a panel of independent researchers to assess the effectiveness of the Program and to make annual recommendations to the Governor and General Assembly as to whether the Program should be extended.

(j) Notwithstanding any other provision of law to the contrary, this Section shall control any release under this Program.