Bill Text: IL HB3668 | 2013-2014 | 98th General Assembly | Amended

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

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Bill Title: 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 Prisoner Review Board for participation in the Elderly Rehabilitated Prisoner Sentence Modification Program. Provides that if the committed person files the petition, the victims and the families of the victims of the committed person's offenses shall be notified in a timely manner after the filing of the petition. Provides that the Board shall consider the petition in its entirety and shall not order the release of the committed person if it finds that the committed person poses a threat to public safety. Provides that if the Board determines that a committed person is eligible for participation in the Program and that the committed person should participate in the Program, the Board shall set the conditions for the committed person's release from prison before the expiration of his or her sentence. Provides that when granting participation in the Program, the Board may require the committed person, for a period of time upon release, to participate in community service or to wear an electronic monitoring device, or both.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB3668 Detail]

Download: Illinois-2013-HB3668-Amended.html

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Rep. Arthur Turner

Filed: 3/18/2014

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AMENDMENT TO HOUSE BILL 3668
AMENDMENT NO. ______. Amend House Bill 3668 by replacing
everything after the enacting clause with the following:
"Section 5. The Unified Code of Corrections is amended by
changing Sections 3-3-2, 3-3-3, and 5-8-1 and by adding
Sections 5-8-1.4 and 5-8-1.5 as follows:
(730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
Sec. 3-3-2. Powers and Duties.
(a) The Parole and Pardon Board is abolished and the term
"Parole and Pardon Board" as used in any law of Illinois, shall
read "Prisoner Review Board." After the effective date of this
amendatory Act of 1977, the Prisoner Review Board shall provide
by rule for the orderly transition of all files, records, and
documents of the Parole and Pardon Board and for such other
steps as may be necessary to effect an orderly transition and
shall:

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(1) hear by at least one member and through a panel of
at least 3 members decide, cases of prisoners who were
sentenced under the law in effect prior to the effective
date of this amendatory Act of 1977, and who are eligible
for parole;
(2) hear by at least one member and through a panel of
at least 3 members decide, the conditions of parole and the
time of discharge from parole, impose sanctions for
violations of parole, and revoke parole for those sentenced
under the law in effect prior to this amendatory Act of
1977; provided that the decision to parole and the
conditions of parole for all prisoners who were sentenced
for first degree murder or who received a minimum sentence
of 20 years or more under the law in effect prior to
February 1, 1978 shall be determined by a majority vote of
the Prisoner Review Board. One representative supporting
parole and one representative opposing parole will be
allowed to speak. Their comments shall be limited to making
corrections and filling in omissions to the Board's
presentation and discussion;
(3) hear by at least one member and through a panel of
at least 3 members decide, the conditions of mandatory
supervised release and the time of discharge from mandatory
supervised release, impose sanctions for violations of
mandatory supervised release, and revoke mandatory
supervised release for those sentenced under the law in

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effect after the effective date of this amendatory Act of
1977;
(3.5) hear by at least one member and through a panel
of at least 3 members decide, the conditions of mandatory
supervised release and the time of discharge from mandatory
supervised release, to impose sanctions for violations of
mandatory supervised release and revoke mandatory
supervised release for those serving extended supervised
release terms pursuant to paragraph (4) of subsection (d)
of Section 5-8-1;
(3.6) hear by at least one member and through a panel
of at least 3 members decide, the time of aftercare
release, the conditions of aftercare release and the time
of discharge from aftercare release, impose sanctions for
violations of aftercare release, and revoke aftercare
release for those adjudicated delinquent under the
Juvenile Court Act of 1987;
(4) hear by at least one member and through a panel of
at least 3 members, decide cases brought by the Department
of Corrections against a prisoner in the custody of the
Department for alleged violation of Department rules with
respect to sentence credits under Section 3-6-3 of this
Code in which the Department seeks to revoke sentence
credits, if the amount of time at issue exceeds 30 days or
when, during any 12 month period, the cumulative amount of
credit revoked exceeds 30 days except where the infraction

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is committed or discovered within 60 days of scheduled
release. In such cases, the Department of Corrections may
revoke up to 30 days of sentence credit. The Board may
subsequently approve the revocation of additional sentence
credit, if the Department seeks to revoke sentence credit
in excess of thirty days. However, the Board shall not be
empowered to review the Department's decision with respect
to the loss of 30 days of sentence credit for any prisoner
or to increase any penalty beyond the length requested by
the Department;
(5) hear by at least one member and through a panel of
at least 3 members decide, the release dates for 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;
(6) hear by at least one member and through a panel of
at least 3 members decide, all requests for pardon,
reprieve or commutation, and make confidential
recommendations to the Governor;
(7) comply with the requirements of the Open Parole
Hearings Act;
(8) hear by at least one member and, through a panel of
at least 3 members, decide cases brought by the Department
of Corrections against a prisoner in the custody of the
Department for court dismissal of a frivolous lawsuit
pursuant to Section 3-6-3(d) of this Code in which the

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Department seeks to revoke up to 180 days of sentence
credit, and if the prisoner has not accumulated 180 days of
sentence credit at the time of the dismissal, then all
sentence credit accumulated by the prisoner shall be
revoked;
(9) hear by at least 3 members, and, through a panel of
at least 3 members, decide whether to grant certificates of
relief from disabilities or certificates of good conduct as
provided in Article 5.5 of Chapter V;
(10) upon a petition by a person who has been convicted
of a Class 3 or Class 4 felony and who meets the
requirements of this paragraph, hear by at least 3 members
and, with the unanimous vote of a panel of 3 members, issue
a certificate of eligibility for sealing recommending that
the court order the sealing of all official records of the
arresting authority, the circuit court clerk, and the
Department of State Police concerning the arrest and
conviction for the Class 3 or 4 felony. A person may not
apply to the Board for a certificate of eligibility for
sealing:
(A) until 5 years have elapsed since the expiration
of his or her sentence;
(B) until 5 years have elapsed since any arrests or
detentions by a law enforcement officer for an alleged
violation of law, other than a petty offense, traffic
offense, conservation offense, or local ordinance

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offense;
(C) if convicted of a violation of the Cannabis
Control Act, Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act,
the Methamphetamine Precursor Control Act, or the
Methamphetamine Precursor Tracking Act unless the
petitioner has completed a drug abuse program for the
offense on which sealing is sought and provides proof
that he or she has completed the program successfully;
(D) if convicted of:
(i) a sex offense described in Article 11 or
Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
the Criminal Code of 1961 or the Criminal Code of
2012;
(ii) aggravated assault;
(iii) aggravated battery;
(iv) domestic battery;
(v) aggravated domestic battery;
(vi) violation of an order of protection;
(vii) an offense under the Criminal Code of
1961 or the Criminal Code of 2012 involving a
firearm;
(viii) driving while under the influence of
alcohol, other drug or drugs, intoxicating
compound or compounds or any combination thereof;
(ix) aggravated driving while under the

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influence of alcohol, other drug or drugs,
intoxicating compound or compounds or any
combination thereof; or
(x) any crime defined as a crime of violence
under Section 2 of the Crime Victims Compensation
Act.
If a person has applied to the Board for a certificate
of eligibility for sealing and the Board denies the
certificate, the person must wait at least 4 years before
filing again or filing for pardon from the Governor unless
the Chairman of the Prisoner Review Board grants a waiver.
The decision to issue or refrain from issuing a
certificate of eligibility for sealing shall be at the
Board's sole discretion, and shall not give rise to any
cause of action against either the Board or its members.
The Board may only authorize the sealing of Class 3 and
4 felony convictions of the petitioner from one information
or indictment under this paragraph (10). A petitioner may
only receive one certificate of eligibility for sealing
under this provision for life; and
(11) upon a petition by a person who after having been
convicted of a Class 3 or Class 4 felony thereafter served
in the United States Armed Forces or National Guard of this
or any other state and had received an honorable discharge
from the United States Armed Forces or National Guard or
who at the time of filing the petition is enlisted in the

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United States Armed Forces or National Guard of this or any
other state and served one tour of duty and who meets the
requirements of this paragraph, hear by at least 3 members
and, with the unanimous vote of a panel of 3 members, issue
a certificate of eligibility for expungement recommending
that the court order the expungement of all official
records of the arresting authority, the circuit court
clerk, and the Department of State Police concerning the
arrest and conviction for the Class 3 or 4 felony. A person
may not apply to the Board for a certificate of eligibility
for expungement:
(A) if convicted of:
(i) a sex offense described in Article 11 or
Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
the Criminal Code of 1961 or Criminal Code of 2012;
(ii) an offense under the Criminal Code of 1961
or Criminal Code of 2012 involving a firearm; or
(iii) a crime of violence as defined in Section
2 of the Crime Victims Compensation Act; or
(B) if the person has not served in the United
States Armed Forces or National Guard of this or any
other state or has not received an honorable discharge
from the United States Armed Forces or National Guard
of this or any other state or who at the time of the
filing of the petition is serving in the United States
Armed Forces or National Guard of this or any other

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state and has not completed one tour of duty.
If a person has applied to the Board for a certificate
of eligibility for expungement and the Board denies the
certificate, the person must wait at least 4 years before
filing again or filing for a pardon with authorization for
expungement from the Governor unless the Governor or
Chairman of the Prisoner Review Board grants a waiver.
(a-5) The Prisoner Review Board, with the cooperation of
and in coordination with the Department of Corrections and the
Department of Central Management Services, shall implement a
pilot project in 3 correctional institutions providing for the
conduct of hearings under paragraphs (1) and (4) of subsection
(a) of this Section through interactive video conferences. The
project shall be implemented within 6 months after the
effective date of this amendatory Act of 1996. Within 6 months
after the implementation of the pilot project, the Prisoner
Review Board, with the cooperation of and in coordination with
the Department of Corrections and the Department of Central
Management Services, shall report to the Governor and the
General Assembly regarding the use, costs, effectiveness, and
future viability of interactive video conferences for Prisoner
Review Board hearings.
(b) Upon recommendation of the Department the Board may
restore sentence credit previously revoked.
(c) The Board shall cooperate with the Department in
promoting an effective system of parole, aftercare release, and

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mandatory supervised release.
(d) The Board shall promulgate rules for the conduct of its
work, and the Chairman shall file a copy of such rules and any
amendments thereto with the Director and with the Secretary of
State.
(e) The Board shall keep records of all of its official
actions and shall make them accessible in accordance with law
and the rules of the Board.
(f) The Board or one who has allegedly violated the
conditions of his or her parole, aftercare release, or
mandatory supervised release may require by subpoena the
attendance and testimony of witnesses and the production of
documentary evidence relating to any matter under
investigation or hearing. The Chairman of the Board may sign
subpoenas which shall be served by any agent or public official
authorized by the Chairman of the Board, or by any person
lawfully authorized to serve a subpoena under the laws of the
State of Illinois. The attendance of witnesses, and the
production of documentary evidence, may be required from any
place in the State to a hearing location in the State before
the Chairman of the Board or his or her designated agent or
agents or any duly constituted Committee or Subcommittee of the
Board. Witnesses so summoned shall be paid the same fees and
mileage that are paid witnesses in the circuit courts of the
State, and witnesses whose depositions are taken and the
persons taking those depositions are each entitled to the same

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fees as are paid for like services in actions in the circuit
courts of the State. Fees and mileage shall be vouchered for
payment when the witness is discharged from further attendance.
In case of disobedience to a subpoena, the Board may
petition any circuit court of the State for an order requiring
the attendance and testimony of witnesses or the production of
documentary evidence or both. A copy of such petition shall be
served by personal service or by registered or certified mail
upon the person who has failed to obey the subpoena, and such
person shall be advised in writing that a hearing upon the
petition will be requested in a court room to be designated in
such notice before the judge hearing motions or extraordinary
remedies at a specified time, on a specified date, not less
than 10 nor more than 15 days after the deposit of the copy of
the written notice and petition in the U.S. mails addressed to
the person at his last known address or after the personal
service of the copy of the notice and petition upon such
person. The court upon the filing of such a petition, may order
the person refusing to obey the subpoena to appear at an
investigation or hearing, or to there produce documentary
evidence, if so ordered, or to give evidence relative to the
subject matter of that investigation or hearing. Any failure to
obey such order of the circuit court may be punished by that
court as a contempt of court.
Each member of the Board and any hearing officer designated
by the Board shall have the power to administer oaths and to

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take the testimony of persons under oath.
(g) Except under subsection (a) of this Section, a majority
of the members then appointed to the Prisoner Review Board
shall constitute a quorum for the transaction of all business
of the Board.
(h) The Prisoner Review Board shall annually transmit to
the Director a detailed report of its work for the preceding
calendar year. The annual report shall also be transmitted to
the Governor for submission to the Legislature.
(i) The Prisoner Review Board may grant participation in
the Sentence Modification Program in accordance with Section
5-8-1.4.
(Source: P.A. 97-697, eff. 6-22-12; 97-1120, eff. 1-1-13;
97-1150, eff. 1-25-13; 98-399, eff. 8-16-13; 98-558, eff.
1-1-14; revised 8-28-13.)
(730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)
Sec. 3-3-3. Eligibility for Parole or Release.
(a) (Blank). 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 or she has served:
(1) the minimum term of an indeterminate sentence less
time credit for good behavior, or 20 years less time credit

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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 Department of Juvenile
Justice 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 aftercare release 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 or she shall only be

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eligible for parole or mandatory supervised release as an adult
under this Section.
(Source: P.A. 98-558, eff. 1-1-14.)
(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
Sec. 5-8-1. Natural life imprisonment; enhancements for
use of a firearm; mandatory supervised release terms.
(a) Except as otherwise provided in the statute defining
the offense or in Article 4.5 of Chapter V and except as
otherwise provided in Sections 5-8-1.4 and 5-8-1.5, a sentence
of imprisonment for a felony shall be a determinate sentence
set by the court under this Section, according to the following
limitations:
(1) for first degree murder,
(a) (blank),
(b) if a trier of fact finds beyond a reasonable
doubt that the murder was accompanied by exceptionally
brutal or heinous behavior indicative of wanton
cruelty or, except as set forth in subsection (a)(1)(c)
of this Section, that any of the aggravating factors
listed in subsection (b) or (b-5) of Section 9-1 of the
Criminal Code of 1961 or the Criminal Code of 2012 are
present, the court may sentence the defendant to a term
of natural life imprisonment, or
(c) the court shall sentence the defendant to a
term of natural life imprisonment when the death

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penalty is not imposed if the defendant,
(i) has previously been convicted of first
degree murder under any state or federal law, or
(ii) is a person who, at the time of the
commission of the murder, had attained the age of
17 or more and is found guilty of murdering an
individual under 12 years of age; or, irrespective
of the defendant's age at the time of the
commission of the offense, is found guilty of
murdering more than one victim, or
(iii) is found guilty of murdering a peace
officer, fireman, or emergency management worker
when the peace officer, fireman, or emergency
management worker was killed in the course of
performing his official duties, or to prevent the
peace officer or fireman from performing his
official duties, or in retaliation for the peace
officer, fireman, or emergency management worker
from performing his official duties, and the
defendant knew or should have known that the
murdered individual was a peace officer, fireman,
or emergency management worker, or
(iv) is found guilty of murdering an employee
of an institution or facility of the Department of
Corrections, or any similar local correctional
agency, when the employee was killed in the course

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of performing his official duties, or to prevent
the employee from performing his official duties,
or in retaliation for the employee performing his
official duties, or
(v) is found guilty of murdering an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical
technician - paramedic, ambulance driver or other
medical assistance or first aid person while
employed by a municipality or other governmental
unit when the person was killed in the course of
performing official duties or to prevent the
person from performing official duties or in
retaliation for performing official duties and the
defendant knew or should have known that the
murdered individual was an emergency medical
technician - ambulance, emergency medical
technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other
medical assistant or first aid personnel, or
(vi) is a person who, at the time of the
commission of the murder, had not attained the age
of 17, and is found guilty of murdering a person
under 12 years of age and the murder is committed
during the course of aggravated criminal sexual
assault, criminal sexual assault, or aggravated

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kidnaping, or
(vii) is found guilty of first degree murder
and the murder was committed by reason of any
person's activity as a community policing
volunteer or to prevent any person from engaging in
activity as a community policing volunteer. For
the purpose of this Section, "community policing
volunteer" has the meaning ascribed to it in
Section 2-3.5 of the Criminal Code of 2012.
For purposes of clause (v), "emergency medical
technician - ambulance", "emergency medical technician -
intermediate", "emergency medical technician -
paramedic", have the meanings ascribed to them in the
Emergency Medical Services (EMS) Systems Act.
(d) (i) if the person committed the offense while
armed with a firearm, 15 years shall be added to
the term of imprisonment imposed by the court;
(ii) if, during the commission of the offense,
the person personally discharged a firearm, 20
years shall be added to the term of imprisonment
imposed by the court;
(iii) if, during the commission of the
offense, the person personally discharged a
firearm that proximately caused great bodily harm,
permanent disability, permanent disfigurement, or
death to another person, 25 years or up to a term

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of natural life shall be added to the term of
imprisonment imposed by the court.
(2) (blank);
(2.5) for a person convicted under the circumstances
described in subdivision (b)(1)(B) of Section 11-1.20 or
paragraph (3) of subsection (b) of Section 12-13,
subdivision (d)(2) of Section 11-1.30 or paragraph (2) of
subsection (d) of Section 12-14, subdivision (b)(1.2) of
Section 11-1.40 or paragraph (1.2) of subsection (b) of
Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or
paragraph (2) of subsection (b) of Section 12-14.1 of the
Criminal Code of 1961 or the Criminal Code of 2012, the
sentence shall be a term of natural life imprisonment.
(b) (Blank).
(c) (Blank).
(d) Subject to earlier termination under Section 3-3-8, the
parole or mandatory supervised release term shall be written as
part of the sentencing order and shall be as follows:
(1) for first degree murder or a Class X felony except
for the offenses of predatory criminal sexual assault of a
child, aggravated criminal sexual assault, and criminal
sexual assault if committed on or after the effective date
of this amendatory Act of the 94th General Assembly and
except for the offense of aggravated child pornography
under Section 11-20.1B, 11-20.3, or 11-20.1 with
sentencing under subsection (c-5) of Section 11-20.1 of the

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Criminal Code of 1961 or the Criminal Code of 2012, if
committed on or after January 1, 2009, 3 years;
(2) for a Class 1 felony or a Class 2 felony except for
the offense of criminal sexual assault if committed on or
after the effective date of this amendatory Act of the 94th
General Assembly and except for the offenses of manufacture
and dissemination of child pornography under clauses
(a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code
of 1961 or the Criminal Code of 2012, if committed on or
after January 1, 2009, 2 years;
(3) for a Class 3 felony or a Class 4 felony, 1 year;
(4) for defendants who commit the offense of predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, or criminal sexual assault, on or after the
effective date of this amendatory Act of the 94th General
Assembly, or who commit the offense of aggravated child
pornography under Section 11-20.1B, 11-20.3, or 11-20.1
with sentencing under subsection (c-5) of Section 11-20.1
of the Criminal Code of 1961 or the Criminal Code of 2012,
manufacture of child pornography, or dissemination of
child pornography after January 1, 2009, the term of
mandatory supervised release shall range from a minimum of
3 years to a maximum of the natural life of the defendant;
(5) if the victim is under 18 years of age, for a
second or subsequent offense of aggravated criminal sexual
abuse or felony criminal sexual abuse, 4 years, at least

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the first 2 years of which the defendant shall serve in an
electronic home detention program under Article 8A of
Chapter V of this Code;
(6) for a felony domestic battery, aggravated domestic
battery, stalking, aggravated stalking, and a felony
violation of an order of protection, 4 years.
(e) (Blank).
(f) (Blank).
(Source: P.A. 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10;
96-1200, eff. 7-22-10; 96-1475, eff. 1-1-11; 96-1551, eff.
7-1-11; 97-333, eff. 8-12-11; 97-531, eff. 1-1-12; 97-1109,
eff. 1-1-13; 97-1150, eff. 1-25-13.)
(730 ILCS 5/5-8-1.4 new)
Sec. 5-8-1.4. Sentence Modification Program.
(a) A committed person as defined in subsection (c) of
Section 3-1-2 of this Code 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 Prisoner Review Board ("Board") for participation
in the Sentence Modification Program ("Program") as provided in
this Section. The petition shall, in the first instance, be
screened by the Department of Corrections, which shall
determine whether the petitioner should be considered for
participation in the Program. If the Department determines that
the petitioner should be so considered, it shall submit the

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petition to the Board. The Board shall notify the victims and
the families of the victims of the committed person's offenses
within 30 days after receiving the petition and shall provide
an opportunity for the victims and their families to submit
statements in support of or opposition to the petitioner's
participation in the Program.
(b) The petition shall contain reasons why the committed
person should be granted participation in the Program and, when
possible, should provide relevant documentation and statements
of support.
(c) The Board shall render its decision about the committed
person's petition within a reasonable time after the petition
has been filed. In deciding whether to grant or deny the
petitioner participation in the Program, the Board shall
consider whether the petitioner documents and demonstrates the
following:
(1) successful participation in programs designed to
restore the committed person to a useful and productive
life upon release (including educational programs and
programs designed to deal with substance abuse or other
issues) and, if those programs are not available,
information demonstrating that the committed person has
attempted to participate in those programs or has engaged
in self-education programs, correspondence courses, or
other self-improvement efforts;
(2) the genuine reform and changed behavior the

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committed person has demonstrated over a period of years;
(3) the committed person's remorse for actions that
have caused pain and suffering to victims of his or her
offenses;
(4) the committed person's ability to socialize with
others in an acceptable manner;
(5) the committed person's renunciation of criminal
activity and gang affiliation if the committed person was a
member of a gang; and
(6) an appropriate plan for living arrangements, which
indicates if the person intends to seek admission to a
nursing facility and the name of the facility if known,
financial support, and any medical care that will be needed
when the committed person returns to society.
(d) The Board shall consider the petition in its entirety
and shall not order the release of the committed person if it
finds that the committed person poses a threat to public
safety. If the Board determines that a committed person is
eligible for participation in the Program and that the
committed person should participate in the Program, the Board
shall set the conditions for the committed person's release
from prison before the expiration of his or her sentence. If
the committed person's plan for living arrangements under
paragraph (6) of subsection (c) of this Section includes
relocation to a nursing facility, the Board shall notify the
facility of the committed person's intent at least 30 days

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prior to the committed person's release. The Board shall, prior
to the committed person's release, arrange for the committed
person to be prescreened under Section 4.03 of the Illinois Act
on the Aging and to make application for Medicaid Long Term
Care services and the Board shall transmit to the facility
prior to the committed person's admission documentation of the
prescreening and the committed person's eligibility for
Medicaid Long Term Care services, and the committed person's
prison and criminal history. The later shall serve to meet the
nursing facilities obligation to perform a background check.
When granting participation in the Program, the Board may
require the committed person, for a period of time upon
release, to participate in community service or to wear an
electronic monitoring device, or both. Upon request of the
victim or the victim's family, the Board may issue a protective
order requiring the committed person to avoid all contact with
specified persons. For the purpose of this Section, "nursing
facility" means a facility licensed under the Nursing Home Care
Act.
(e) A petition for participation in the Program under the
provisions of this Section may be submitted annually, except
that if the Board denies a petition, it may order that the
committed person may not file a new petition for up to 3 years
from the date of denial, if the Board finds that it is not
reasonable to expect that it would grant a petition filed
earlier.

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(f) The action of a majority of the Board members voting on
the petition shall be the action of the Board.
(g) The victim or the victim's family shall be notified of
any public meeting at which the Board intends to deliberate on
the committed person's participation in the Program.
(h) Beginning on the effective date of this amendatory Act
of the 98th General Assembly, notwithstanding any other law to
the contrary, all persons serving sentences in the Department
are eligible to participate in the Sentence Modification
Program.
(730 ILCS 5/5-8-1.5 new)
Sec. 5-8-1.5. Medical parole. Notwithstanding any other
provision of law to the contrary, any committed person who is
serving a sentence, including one who has not yet served the
minimum term of the sentence, who is diagnosed as suffering
from a terminal or debilitating condition so as to render the
committed person unlikely to be physically capable of
presenting a danger to society, may be released on medical
parole to a hospital, hospice, other licensed inpatient
facility, or suitable housing accommodation as specified by the
Board. The Department shall promptly notify the Board upon
receipt of medical information that a committed person has a
diagnosis of a terminal or debilitating condition which
prevents him or her from filing a petition on his or her own.
As used in this Section, "other licensed inpatient facility" or

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"suitable housing accommodation" does not include a facility
licensed under the Nursing Home Care Act.".