SB2765 93RD GENERAL ASSEMBLY

LRB093 17159 RLC 42825 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2765

Introduced 2/5/2004, by John J. Cullerton

SYNOPSIS AS INTRODUCED:

730 ILCS 5/3-3-3

from Ch. 38, par. 1003-3-3

Amends the Unified Code of Corrections. Authorizes the Prisoner Review Board to grant release of a prisoner at any time who is determined to be terminally ill or permanently physically incapacitated. Establishes procedures for such release. Requires the Prisoner Review Board to submit an annual report to the General Assembly concerning medical parole.

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

(730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)

Sec. 3-3-3. Eligibility for Parole or Release.

(a) Except for those offenders who accept the fixed release date established by the Prisoner Review Board under Section 3-3-2.1, every person serving a term of imprisonment under the law in effect prior to the effective date of this amendatory Act of 1977 shall be eligible for parole when he has served:

(1) the minimum term of an indeterminate sentence less time credit for good behavior, or 20 years less time credit for good behavior, whichever is less; or

(2) 20 years of a life sentence less time credit for good behavior; or

(3) 20 years or one-third of a determinate sentence, whichever is less, less time credit for good behavior.

(b) No person sentenced under this amendatory Act of 1977 or who accepts a release date under Section 3-3-2.1 shall be eligible for parole.

(c) Except for those sentenced to a term of natural life imprisonment, every person sentenced to imprisonment under this amendatory Act of 1977 or given a release date under Section 3-3-2.1 of this Act shall serve the full term of a determinate sentence less time credit for good behavior and shall then be released under the mandatory supervised release provisions of paragraph (d) of Section 5-8-1 of this Code.

(d) No person serving a term of natural life imprisonment may be paroled or released except through executive clemency.

(e) Every person committed to the Juvenile Division under Section 5-10 of the Juvenile Court Act or Section 5-750 of the Juvenile Court Act of 1987 or Section 5-8-6 of this Code and confined in the State correctional institutions or facilities if such juvenile has not been tried as an adult shall be eligible for parole without regard to the length of time the person has been confined or whether the person has served any minimum term imposed. However, if a juvenile has been tried as an adult he shall only be eligible for parole or mandatory supervised release as an adult under this Section.

(f) Medical parole.

(1) Legislative purpose. Medical parole is made available for humanitarian reasons, and in light of the fiscal costs of treating seriously ill prisoners within facilities maintained by the Illinois Department of Corrections ("Department of Corrections"). Notwithstanding other statutory or administrative provisions to the contrary, all prisoners shall at any time after they begin serving their sentences be eligible for medical parole consideration, regardless of the crime committed or the sentence imposed.

(2) Definitions. In this Section:

(i) "Permanently physically incapacitated" means suffering from a condition caused by injury, disease, illness, old age, or other similar causes which, to a reasonable degree of medical certainty, permanently and irreversibly physically incapacitates the individual to the extent that the individual is confined to bed or a wheelchair or otherwise unable to perform more than a minimal degree of personal care or other similar activities of daily living without assistance.

(ii) "Terminally ill" means suffering from a condition caused by injury (except self-inflicted injury), disease, or illness which to a reasonable degree of medical certainty will result in death within 6 months.

(3) Procedure.

(i) The Prisoner Review Board is authorized to grant release of a prisoner at any time who is determined to be terminally ill or permanently physically incapacitated within the meaning of clause (f)(2) of this Section.

(ii) In order to apply for this relief, the prisoner, or a family member or attorney acting on behalf of the prisoner, shall file an application with the Prisoner Review Board. Such application shall be accompanied by (A) the statement of a licensed physician certifying that the prisoner is terminally ill or permanently physically incapacitated within the meaning of clause (f)(2) of this Section and (B) a release plan, specifying the proposed placement of the prisoner and a description of how his or her medical needs will be met.

(iii) The Prisoner Review Board shall forward a copy of all applications submitted under this subsection (f) to the Director of the Department of Corrections within 72 hours of receipt, who in turn shall forward the application to the Medical Director of Corrections within 24 hours of receipt of any such application. Within 5 working days of receipt of such application where possible, the Medical Director shall submit a report to the Director of Corrections, who shall immediately forward such report to the Prisoner Review Board for its consideration and decision. A copy of that report shall be provided to the applicant.

(iv) The report from the Director shall contain, at a minimum: (A) a medical assessment of the prisoner's condition, including a diagnosis and related medical history, a description of the condition and treatment therefore, a prognosis, including life expectancy, likelihood of recovery, likelihood of improvement, mobility, rate of debilitation; degree of incapacity, including an assessment of whether the prisoner is ambulatory, capable of engaging in any substantial physical activity, and the extent of that activity; (B) a statement by the Medical Director as to whether he or she agrees that the prisoner is terminally ill or permanently physically incapacitated within the meaning of clause (f)(2) of this Section; (C) a recommendation as to the medical treatment which the prisoner would require were he or she to be granted medical parole; and (D) any security concerns which the Director believes should be considered by the Prisoner Review Board. In the event that the Director does not forward a report to the Prisoner Review Board within 5 working days of receipt of an application for medical parole from the Prisoner Review Board, then there shall be a rebuttable presumption that the Director concurs that the prisoner meets the criteria for medical parole established in this subsection (f).

(v) In the event that there are conflicting statements from licensed physicians regarding whether the prisoner is terminally ill or permanently physically incapacitated within the meaning of clause (f)(2) of this Section, then the Prisoner Review Board must obtain an independent medical evaluation. The evaluation shall be completed within 14 days of the date the Prisoner Review Board receives the report of the Director pursuant to clause (iv), and shall contain, at a minimum, all of the information required by clauses (iv)(A), (B), and (C) of this Section. A copy of any such independent evaluation obtained shall be provided to the applicant and the Director of Corrections immediately upon receipt by the Prisoner Review Board.

(vi) The Prisoner Review Board, acting through a panel of at least 3 members, shall decide all applications for medical parole within 21 days of receipt of the Director's report. If the Prisoner Review Board finds from the credible medical evidence that the prisoner is terminally ill or permanently physically incapacitated, the Board shall grant release to the prisoner, but only after the Prisoner Review Board also considers whether, in light of the prisoner's medical condition and any security concerns identified by the Director, there is a reasonable probability that the prisoner, if released, will live and remain at liberty without violating the law, and that the release is compatible with the welfare of society. If the Prisoner Review Board denies medical parole, it must provide a statement of reasons sufficient to support such denial. A denial shall not preclude the prisoner from reapplying for medical parole after the expiration of 60 days from the denial.

(4) Report to the General Assembly. An annual report shall be prepared by the Prisoner Review Board for the General Assembly. The report shall include: (i) the number of prisoners who have applied for medical parole; (ii) the number of prisoners who have been granted medical parole; (iii) the nature of the illness of the applicants, and the nature of the placement pursuant to the medical discharge plan; (iv) the categories of the reasons for the denial of all of those who have been denied; (v) the number of prisoners granted medical parole who have been returned to the custody of the Department of Corrections, and the reasons for return; and (vi) the number of prisoners who have died while in the custody of the Department of Corrections (including any Illinois prisoners housed out of state, or in county or federal facilities), the cause of death, and whether an application for medical release was submitted prior to death.

(Source: P.A. 90-590, eff. 1-1-99.)