Illinois 2025-2026 Regular Session

Illinois House Bill HB1245 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	HB1245 EngrossedLRB104 06054 RLC 16087 b HB1245 Engrossed LRB104 06054 RLC 16087 b
2		-	HB1245 Engrossed LRB104 06054 RLC 16087 b
	1	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1245 Introduced , by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED: 730 ILCS 5/3-3-14 Amends the Unified Code of Corrections. Provides that the Prisoner Review Board shall place no additional restrictions, limitations, or requirements than that provided by the statute creating the procedure for medical release. Provides that upon a determination that the petitioner is eligible for a hearing on medical release, the Prisoner Review Board shall: (1) provide public notice of the petitioner's name, docket number, counsel, and hearing date; and (2) 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. Provides that a hearing on a petitioner's application for medical release is public unless the petitioner requests a non-public hearing. Provides that members of the public shall be permitted to freely attend public hearings on medical release without restriction. Provides that upon denying an eligible petitioner's application for medical release, the Prisoner Review Board shall publish a decision letter outlining the reason for denial. Provides that 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. Makes technical changes. LRB104 06054 RLC 16087 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1245 Introduced , by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED: 730 ILCS 5/3-3-14 730 ILCS 5/3-3-14 Amends the Unified Code of Corrections. Provides that the Prisoner Review Board shall place no additional restrictions, limitations, or requirements than that provided by the statute creating the procedure for medical release. Provides that upon a determination that the petitioner is eligible for a hearing on medical release, the Prisoner Review Board shall: (1) provide public notice of the petitioner's name, docket number, counsel, and hearing date; and (2) 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. Provides that a hearing on a petitioner's application for medical release is public unless the petitioner requests a non-public hearing. Provides that members of the public shall be permitted to freely attend public hearings on medical release without restriction. Provides that upon denying an eligible petitioner's application for medical release, the Prisoner Review Board shall publish a decision letter outlining the reason for denial. Provides that 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. Makes technical changes. LRB104 06054 RLC 16087 b LRB104 06054 RLC 16087 b A BILL FOR
	2	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1245 Introduced , by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED:
	3	+	730 ILCS 5/3-3-14 730 ILCS 5/3-3-14
	4	+	730 ILCS 5/3-3-14
	5	+	Amends the Unified Code of Corrections. Provides that the Prisoner Review Board shall place no additional restrictions, limitations, or requirements than that provided by the statute creating the procedure for medical release. Provides that upon a determination that the petitioner is eligible for a hearing on medical release, the Prisoner Review Board shall: (1) provide public notice of the petitioner's name, docket number, counsel, and hearing date; and (2) 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. Provides that a hearing on a petitioner's application for medical release is public unless the petitioner requests a non-public hearing. Provides that members of the public shall be permitted to freely attend public hearings on medical release without restriction. Provides that upon denying an eligible petitioner's application for medical release, the Prisoner Review Board shall publish a decision letter outlining the reason for denial. Provides that 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. Makes technical changes.
	6	+	LRB104 06054 RLC 16087 b LRB104 06054 RLC 16087 b
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	8	+	A BILL FOR
	9	+	HB1245LRB104 06054 RLC 16087 b HB1245 LRB104 06054 RLC 16087 b
	10	+	HB1245 LRB104 06054 RLC 16087 b
3	11		1 AN ACT concerning criminal law.
4	12		2 Be it enacted by the People of the State of Illinois,
5	13		3 represented in the General Assembly:
6	14		4 Section 5. The Unified Code of Corrections is amended by
7	15		5 changing Section 3-3-14 as follows:
8	16		6 (730 ILCS 5/3-3-14)
9	17		7 Sec. 3-3-14. Procedure for medical release.
10	18		8 (a) Definitions.
11	19		9 (1) As used in this Section, "medically incapacitated"
12	20		10 means that a petitioner an inmate has any diagnosable
13	21		11 medical condition, including dementia and severe,
14	22		12 permanent medical or cognitive disability, that prevents
15	23		13 the petitioner inmate from completing more than one
16	24		14 activity of daily living without assistance or that
17	25		15 incapacitates the petitioner inmate to the extent that
18	26		16 institutional confinement does not offer additional
19	27		17 restrictions, and that the condition is unlikely to
20	28		18 improve noticeably in the future.
21	29		19 (2) As used in this Section, "terminal illness" means
22	30		20 a condition that satisfies all of the following criteria:
23	31		21 (i) the condition is irreversible and incurable;
24	32		22 and
25	33		23 (ii) in accordance with medical standards and a
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	37	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1245 Introduced , by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED:
	38	+	730 ILCS 5/3-3-14 730 ILCS 5/3-3-14
	39	+	730 ILCS 5/3-3-14
	40	+	Amends the Unified Code of Corrections. Provides that the Prisoner Review Board shall place no additional restrictions, limitations, or requirements than that provided by the statute creating the procedure for medical release. Provides that upon a determination that the petitioner is eligible for a hearing on medical release, the Prisoner Review Board shall: (1) provide public notice of the petitioner's name, docket number, counsel, and hearing date; and (2) 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. Provides that a hearing on a petitioner's application for medical release is public unless the petitioner requests a non-public hearing. Provides that members of the public shall be permitted to freely attend public hearings on medical release without restriction. Provides that upon denying an eligible petitioner's application for medical release, the Prisoner Review Board shall publish a decision letter outlining the reason for denial. Provides that 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. Makes technical changes.
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	42	+	LRB104 06054 RLC 16087 b
	43	+	A BILL FOR
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	49	+	730 ILCS 5/3-3-14
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34	68		1 reasonable degree of medical certainty, based on an
35	69		2 individual assessment of the petitioner inmate, the
36	70		3 condition is likely to cause death to the petitioner
37	71		4 inmate within 18 months.
38	72		5 (b) The Prisoner Review Board shall consider an
39	73		6 application for compassionate release on behalf of any
40	74		7 petitioner inmate who meets any of the following:
41	75		8 (1) is suffering from a terminal illness; or
42	76		9 (2) has been diagnosed with a condition that will
43	77		10 result in medical incapacity within the next 6 months; or
44	78		11 (3) has become medically incapacitated subsequent to
45	79		12 sentencing due to illness or injury.
46	80		13 (c) Initial application.
47	81		14 (1) An initial application for medical release may be
48	82		15 filed with the Prisoner Review Board by the petitioner an
49	83		16 inmate, a prison official, a medical professional who has
50	84		17 treated or diagnosed the petitioner inmate, or the
51	85		18 petitioner's an inmate's spouse, parent, guardian,
52	86		19 grandparent, aunt or uncle, sibling, child over the age of
53	87		20 eighteen years, or attorney. If the initial application is
54	88		21 made by someone other than the petitioner inmate, the
55	89		22 petitioner inmate, or if the petitioner inmate is
56	90		23 medically unable to consent, the guardian or family member
57	91		24 designated to represent the petitioner's inmate's
58	92		25 interests must consent to the application at the time of
59	93		26 the institutional hearing.
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70	104		1 (2) Application materials shall be maintained on the
71	105		2 Prisoner Review Board's website and the Department of
72	106		3 Corrections' website and maintained in a clearly visible
73	107		4 place within the law library and the infirmary of every
74	108		5 penal institution and facility operated by the Department
75	109		6 of Corrections.
76	110		7 (3) The initial application need not be notarized, can
77	111		8 be sent via email or facsimile, and must contain the
78	112		9 following information:
79	113		10 (i) the petitioner's inmate's name and Illinois
80	114		11 Department of Corrections number;
81	115		12 (ii) the petitioner's inmate's diagnosis;
82	116		13 (iii) a statement that the petitioner inmate meets
83	117		14 one of the following diagnostic criteria:
84	118		15 (A) the petitioner inmate is suffering from a
85	119		16 terminal illness;
86	120		17 (B) the petitioner inmate has been diagnosed
87	121		18 with a condition that will result in medical
88	122		19 incapacity within the next 6 months; or
89	123		20 (C) the petitioner inmate has become medically
90	124		21 incapacitated subsequent to sentencing due to
91	125		22 illness or injury.
92	126		23 (3.5) The Prisoner Review Board shall place no
93	127		24 additional restrictions, limitations, or requirements on
94	128		25 applications from petitioners.
95	129		26 (4) Upon receiving the petitioner's inmate's initial
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106	140		1 application, the Board shall order the Department of
107	141		2 Corrections to have a physician or nurse practitioner
108	142		3 evaluate the petitioner inmate and create a written
109	143		4 evaluation within ten days of the Board's order. The
110	144		5 evaluation shall include but need not be limited to:
111	145		6 (i) a concise statement of the petitioner's
112	146		7 inmate's medical diagnosis, including prognosis,
113	147		8 likelihood of recovery, and primary symptoms, to
114	148		9 include incapacitation; and
115	149		10 (ii) a statement confirming or denying that the
116	150		11 petitioner inmate meets one of the criteria stated in
117	151		12 subsection (b) of this Section.
118	152		13 (5) Upon a determination that the petitioner is
119	153		14 eligible for a hearing, the Prisoner Review Board shall:
120	154		15 (i) provide public notice of the petitioner's
121	155		16 name, docket number, counsel, and hearing date; and
122	156		17 (ii) provide a copy of the evaluation and any
123	157		18 medical records provided by the Department of
124	158		19 Corrections to the petitioner or the petitioner's
125	159		20 attorney upon scheduling the institutional hearing.
126	160		21 (d) Institutional hearing. No public institutional hearing
127	161		22 is required for consideration of a petition, but shall be
128	162		23 granted at the request of the petitioner. Hearings are public
129	163		24 unless the petitioner requests a non-public hearing. The
130	164		25 petitioner has a right to attend the hearing and to speak on
131	165		26 the petitioner's own behalf. The petitioner inmate may be
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142	176		1 represented by counsel and may present witnesses to the Board
143	177		2 members. Hearings shall be governed by the Open Parole
144	178		3 Hearings Act. Members of the public shall be permitted to
145	179		4 freely attend public hearings without restriction.
146	180		5 (e) Voting procedure. Petitions shall be considered by
147	181		6 three-member panels, and decisions shall be made by simple
148	182		7 majority. Voting shall take place during the public hearing.
149	183		8 (f) Consideration. In considering a petition for release
150	184		9 under the statute, the Prisoner Review Board may consider the
151	185		10 following factors:
152	186		11 (i) the petitioner's inmate's diagnosis and
153	187		12 likelihood of recovery;
154	188		13 (ii) the approximate cost of health care to the
155	189		14 State should the petitioner inmate remain in custody;
156	190		15 (iii) the impact that the petitioner's inmate's
157	191		16 continued incarceration may have on the provision of
158	192		17 medical care within the Department;
159	193		18 (iv) the present likelihood of and ability to pose
160	194		19 a substantial danger to the physical safety of a
161	195		20 specifically identifiable person or persons;
162	196		21 (v) any statements by the victim regarding
163	197		22 release; and
164	198		23 (vi) whether the petitioner's inmate's condition
165	199		24 was explicitly disclosed to the original sentencing
166	200		25 judge and taken into account at the time of
167	201		26 sentencing.
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178	212		1 (f-1) Upon denying an eligible petitioner's application
179	213		2 for medical release, the Prisoner Review Board shall publish a
180	214		3 decision letter outlining the reason for denial. The decision
181	215		4 letter must include an explanation of each statutory factor
182	216		5 and the estimated annual cost of the petitioner's continued
183	217		6 incarceration, including the petitioner's medical care.
184	218		7 (g) Petitioners Inmates granted medical release shall be
185	219		8 released on mandatory supervised release for a period of 5
186	220		9 years subject to Section 3-3-8, which shall operate to
187	221		10 discharge any remaining term of years imposed upon him or her.
188	222		11 However, in no event shall the eligible person serve a period
189	223		12 of mandatory supervised release greater than the aggregate of
190	224		13 the discharged underlying sentence and the mandatory
191	225		14 supervised release period as set forth in Section 5-4.5-20.
192	226		15 (h) Within 90 days of the receipt of the initial
193	227		16 application, the Prisoner Review Board shall conduct a hearing
194	228		17 if a hearing is requested and render a decision granting or
195	229		18 denying the petitioner's request for release.
196	230		19 (i) Nothing in this statute shall preclude a petitioner
197	231		20 from seeking alternative forms of release, including clemency,
198	232		21 relief from the sentencing court, post-conviction relief, or
199	233		22 any other legal remedy.
200	234		23 (j) This act applies retroactively, and shall be
201	235		24 applicable to all currently incarcerated people in Illinois.
202	236		25 (k) Data report. The Department of Corrections and the
203	237		26 Prisoner Review Board shall release a report annually
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214	248		1 published on their websites that reports the following
215	249		2 information about the Medical Release Program:
216	250		3 (1) The number of applications for medical release
217	251		4 received by the Board in the preceding year, and
218	252		5 information about those applications, including:
219	253		6 (i) demographic data about the petitioner
220	254		7 individual, including race or ethnicity, gender, age,
221	255		8 and institution;
222	256		9 (ii) the highest class of offense for which the
223	257		10 petitioner individual is incarcerated;
224	258		11 (iii) the relationship of the petitioner applicant
225	259		12 to the person completing the application;
226	260		13 (iv) whether the petitioner applicant had applied
227	261		14 for medical release before and been denied, and, if
228	262		15 so, when;
229	263		16 (v) whether the petitioner person applied as a
230	264		17 person who is medically incapacitated or a person who
231	265		18 is terminally ill; and
232	266		19 (vi) a basic description of the underlying medical
233	267		20 condition that led to the application ; and .
234	268		21 (vii) the institution in which the petitioner was
235	269		22 confined at the time of the application.
236	270		23 (2) The number of medical statements from the
237	271		24 Department of Corrections received by the Board.
238	272		25 (3) The number of institutional hearings on medical
239		-	26 release applications conducted by the Board, including: .
	273	+	26 release applications conducted by the Board including: .
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250	284		1 (i) whether the petitioner was represented by an
251	285		2 attorney; and
252	286		3 (ii) whether the application was considered in a
253	287		4 public or non-public hearing.
254	288		5 (4) The number of people approved for medical release,
255	289		6 and information about them, including:
256	290		7 (i) demographic data about the individual
257	291		8 including race or ethnicity, gender, age, and zip code
258	292		9 to which they were released;
259	293		10 (ii) whether the person applied as a person who is
260	294		11 medically incapacitated or a person who is terminally
261	295		12 ill;
262	296		13 (iii) a basic description of the underlying
263	297		14 medical condition that led to the application; and
264	298		15 (iv) a basic description of the medical setting
265	299		16 the person was released to; .
266	300		17 (v) whether the petitioner was represented by an
267	301		18 attorney; and
268	302		19 (vi) whether the application was considered in a
269	303		20 public or non-public hearing.
270	304		21 (5) The number of people released on the medical
271	305		22 release program.
272	306		23 (6) The number of people approved for medical release
273	307		24 who experienced more than a one-month delay between
274	308		25 release decision and ultimate release, including:
275	309		26 (i) demographic data about the individuals
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286	320		1 including race or ethnicity, gender and age;
287	321		2 (ii) the reason for the delay;
288	322		3 (iii) whether the person remains incarcerated; and
289	323		4 (iv) a basic description of the underlying medical
290	324		5 condition of the applying person.
291	325		6 (7) For those individuals released on mandatory
292	326		7 supervised release due to a granted application for
293	327		8 medical release:
294	328		9 (i) the number of individuals who were serving
295	329		10 terms of mandatory supervised release because of
296	330		11 medical release applications during the previous year;
297	331		12 (ii) the number of individuals who had their
298	332		13 mandatory supervised release revoked; and
299	333		14 (iii) the number of individuals who died during
300	334		15 the previous year.
301	335		16 (8) Information on seriously ill individuals
302	336		17 incarcerated at the Department of Corrections, including:
303	337		18 (i) the number of people currently receiving
304	338		19 full-time one-on-one medical care or assistance with
305	339		20 activities of daily living within Department of
306	340		21 Corrections facilities and whether that care is
307	341		22 provided by a medical practitioner or an incarcerated
308	342		23 person inmate, along with the institutions at which
309	343		24 they are incarcerated; and
310	344		25 (ii) the number of people who spent more than one
311	345		26 month in outside hospital care during the previous
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322		-	1 year and their home institutions.
323		-	2 All the information provided in this report shall be
324		-	3 provided in aggregate, and nothing shall be construed to
325		-	4 require the public dissemination of any personal medical
326		-	5 information.
327		-	6 (Source: P.A. 102-494, eff. 1-1-22; 102-813, eff. 5-13-22.)
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