HB 3665

Abstract

Amends the Unified Code of Corrections. Provides that the Prisoner Review Board may grant a person committed to the Department of Corrections early release for medical incapacity or terminal illness. Establishes the procedures for applying for that release and the considerations the Prisoner Review Board must make in determining whether to grant the release. Provides that a committed person granted medical release shall be released on mandatory supervised release for a period of 5 years subject to the Code provisions concerning mandatory supervised release, which shall operate to discharge any remaining term of years imposed upon him or her; however, the person shall not serve a period of mandatory supervised release greater than the aggregate of the discharged underlying sentence and the mandatory supervised release period. Provides that a grant of medical release shall be an act of executive and legislative grace and shall be at the sole discretion of the Prisoner Review Board. House Floor Amendment No. 1 Adds reference to: 725 ILCS 120/5 from Ch. 38, par. 1405 730 ILCS 105/5 from Ch. 38, par. 1655 Provides that this Act may be referred to as The Joe Coleman Medical Release Act. Replaces everything after the enacting clause. 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.