HB5396eng 103RD GENERAL ASSEMBLY

HB5396 Engrossed LRB103 36926 RLC 67040 b

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 3-3-14 as follows:

(730 ILCS 5/3-3-14)

Sec. 3-3-14. Procedure for medical release.

(a) Definitions.

(1) As used in this Section, "medically incapacitated" means that a petitioner an inmate has any diagnosable medical condition, including dementia and severe, permanent medical or cognitive disability, that prevents the petitioner inmate from completing more than one activity of daily living without assistance or that incapacitates the petitioner 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 petitioner inmate, the condition is likely to cause death to the petitioner inmate within 18 months.

(b) The Prisoner Review Board shall consider an application for compassionate release on behalf of any petitioner 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 the petitioner an inmate, a prison official, a medical professional who has treated or diagnosed the petitioner inmate, or the petitioner's 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 petitioner inmate, the petitioner inmate, or if the petitioner inmate is medically unable to consent, the guardian or family member designated to represent the petitioner's inmate's 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 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.

(3) The initial application need not be notarized, can be sent via email or facsimile, and must contain the following information:

(i) the petitioner's inmate's name and Illinois Department of Corrections number;

(ii) the petitioner's inmate's diagnosis;

(iii) a statement that the petitioner inmate meets one of the following diagnostic criteria:

(A) the petitioner inmate is suffering from a terminal illness;

(B) the petitioner inmate has been diagnosed with a condition that will result in medical incapacity within the next 6 months; or

(C) the petitioner inmate has become medically incapacitated subsequent to sentencing due to illness or injury.

(3.5) The Prisoner Review Board shall place no additional restrictions, limitations, or requirements on applications from petitioners.

(4) Upon receiving the petitioner's inmate's initial application, the Board shall order the Department of Corrections to have a physician or nurse practitioner evaluate the petitioner 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 petitioner's inmate's medical diagnosis, including prognosis, likelihood of recovery, and primary symptoms, to include incapacitation; and

(ii) a statement confirming or denying that the petitioner inmate meets one of the criteria stated in subsection (b) of this Section.

(5) Upon a determination that the petitioner is eligible for a hearing, the Prisoner Review Board shall:

(i) provide public notice of the petitioner's name, docket number, counsel, and hearing date; and

(ii) provide a copy of the evaluation and any medical records provided by the Department of Corrections to the petitioner or the petitioner's attorney upon scheduling the institutional hearing.

(d) Institutional hearing. No public institutional hearing is required for consideration of a petition, but shall be granted at the request of the petitioner. Hearings are public unless the petitioner requests a non-public hearing. The petitioner has a right to attend the hearing and to speak on the petitioner's own behalf. The petitioner inmate may be represented by counsel and may present witnesses to the Board members. Hearings shall be governed by the Open Parole Hearings Act. Members of the public shall be permitted to freely attend public hearings without restriction.

(e) Voting procedure. Petitions shall be considered by three-member panels, and decisions shall be made by simple majority. Voting shall take place during the public hearing.

(f) Consideration. In considering a petition for release under the statute, the Prisoner Review Board may consider the following factors:

(i) the petitioner's inmate's diagnosis and likelihood of recovery;

(ii) the approximate cost of health care to the State should the petitioner inmate remain in custody;

(iii) the impact that the petitioner's 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 petitioner's inmate's condition was explicitly disclosed to the original sentencing judge and taken into account at the time of sentencing.

(f-1) Upon denying an eligible petitioner's application for medical release, the Prisoner Review Board shall publish a decision letter outlining the reason for denial. The decision letter must include an explanation of each statutory factor and the estimated annual cost of the petitioner's continued incarceration, including the petitioner's medical care.

(g) Petitioners 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 petitioner individual, including race or ethnicity, gender, age, and institution;

(ii) the highest class of offense for which the petitioner individual is incarcerated;

(iii) the relationship of the petitioner applicant to the person completing the application;

(iv) whether the petitioner applicant had applied for medical release before and been denied, and, if so, when;

(v) whether the petitioner 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 ; and .

(vii) the institution in which the petitioner was confined at the time of 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 including: .

(i) whether the petitioner was represented by an attorney; and

(ii) whether the application was considered in a public or non-public hearing.

(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; .

(v) whether the petitioner was represented by an attorney; and

(vi) whether the application was considered in a public or non-public hearing.

(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 incarcerated person 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.

(Source: P.A. 102-494, eff. 1-1-22; 102-813, eff. 5-13-22.)