Bill Text: IL HB2400 | 2019-2020 | 101st General Assembly | Engrossed

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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 30 consecutive years of imprisonment in a Department of Corrections institution or facility may petition the Department for participation in the Pathway to Community Program, which is a 5-year pilot program within the Department of Corrections. Provides that a maximum of 15 males and a maximum of 15 females may be selected for the Program. Excludes from the Program persons convicted of first degree murder of a peace officer or firefighter and sexual predators. Establishes eligibility requirements for the Program. Provides that before a participant is selected for the Program, the petitioner shall successfully complete an atonement and restorative justice program prepared by the Department. Following completion of this program of atonement and restorative justice, the Department shall notify the victim and the family members of the victim of the petitioner's offense and to afford them the opportunity to participate in the Department's final selection process for the Pathway to Community Program. Up to $1,000 of trauma-informed victim services or trauma-certified professional therapy shall be provided by the Department to family members of the victim of the petitioner's offense. Provides that optional participation by family members of the victim of petitioner's offense shall be provided by the Department at no cost to the family members of the victim. Provides that time served in the Program shall be credited toward time served on the sentence. Provides that the Program is terminated 6 years after the effective date of the amendatory Act.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2019-04-23 - Added Co-Sponsor Rep. Kelly M. Cassidy [HB2400 Detail]

Download: Illinois-2019-HB2400-Engrossed.html

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HB2400 Engrossed LRB101 07237 RLC 52275 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. This Act may be referred to as the Pathway to
Community Act.
Section 5. The Unified Code of Corrections is amended by
adding Section 3-14-1.1 as follows:
(730 ILCS 5/3-14-1.1 new)
Sec. 3-14-1.1. Pathway to Community Program.
(a) In this Section:
"Committed person" means a currently incarcerated
person, other than a committed person who has been
convicted of the first degree murder of a peace officer or
fire fighter or other than a sexual predator as defined in
Section 2 of the Sex Offender Registration Act, who (i) is
at least 50 years of age and (ii) has served at least 30
consecutive years of imprisonment in a facility or
institution of the Department of Corrections.
"Family member" means a spouse, parent, child, or
sibling.
"Program" means the Pathway to Community Program
created in this Section.

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(b) There is created a 5-year pilot program, the Pathway to
Community Program, within the Department of Corrections. A
committed person may petition the Department of Corrections for
participation in the Pathway to Community Program as provided
in this Section. If a committed person files a petition, the
Department shall make an exhaustive effort to find and notify
the victim and the family members of the victim of the
petitioner's offense.
(c) The petition shall contain a statement by the
petitioner that he or she is qualified to participate in the
Program, together with the petitioner's plans for reentry,
including, but not limited to, information about where the
petitioner will live, how the petitioner will be supported
financially, and any plans for the petitioner's ongoing medical
care if necessary. The petition may also contain supporting
statements or documentation related to the factors listed in
paragraphs (1) through (7) of subsection (d) of this Section.
(d) The petition shall, in the first instance, be screened
by the Department of Corrections, which shall determine whether
to recommend that the petitioner be considered for
participation in the Program. In so doing, the Department shall
draw on information in the petition and on its own resources,
including its use of tools that assesses the petitioner's
risks, assets, and needs to determine whether the petitioner
may be released and, if so, under what specific conditions set
by the Department. Among other factors, in making this

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determination the Department shall consider the following:
(1) the petitioner's successful participation in
programs designed to restore him or her to a useful and
productive life upon release (including educational
programs and programs designed to deal with substance abuse
or other issues) or, if the programs are not available,
information demonstrating that the petitioner has engaged
in self-education programs, correspondence courses, or
other self-improvement efforts;
(2) the genuine reform and changed behavior the
petitioner has demonstrated over a period of years;
(3) the petitioner's remorse for the consequences of
his or her criminal conduct;
(4) the petitioner's ability to socialize with others
in an acceptable manner;
(5) the petitioner's renunciation of criminal activity
and gang affiliation if the petitioner was a member of a
gang;
(6) an appropriate plan for living arrangements,
financial support, and any medical care that will be needed
when the petitioner returns to society; and
(7) input from the victim of the petitioner's offense
and from their family members.
(e) No more than 15 committed persons who are male and no
more than 15 committed persons who are female shall be selected
by the Department for participation in the Program. Before a

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participant is selected for the Program, the petitioner shall
successfully complete an atonement and restorative justice
program prepared by the Department. Following completion of
this program of atonement and restorative justice, the
Department shall notify the victim and the family members of
the victim of the petitioner's offense and to afford them the
opportunity to participate in the Department's final selection
process for the Pathway to Community Program. Up to $1,000 of
trauma-informed victim services or trauma-certified
professional therapy shall be provided by the Department to
family members of the victim of the petitioner's offense.
Insurance policies of the family members of the victim of the
petitioner's offense or family members financial resources
shall first be used to pay the costs of these services or
therapy. Optional participation by family members of the victim
of petitioner's offense shall be provided by the Department at
no cost to the family members of the victim.
(f) Time served in the Program shall be credited toward
time served on the sentence. The end date of the period of
mandatory supervised release shall remain the same as it would
have been had the petitioner not been given early supervised
release, and the petitioner shall remain under supervision of
the Department until that date, except that the Department may
enter an order releasing and discharging the petitioner from
mandatory supervised release if it determines that he or she is
likely to remain at liberty without committing another offense.

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Discharge of the petitioner from mandatory supervised release
does not discharge the petitioner's sentence, if time to be
served remains; nor does it deprive the Department of
jurisdiction over the petitioner, if time to be served remains.
(g) Beginning on the effective date of this amendatory Act
of the 101st General Assembly, notwithstanding any other law to
the contrary, all persons serving sentences in the Department
who meet the requirements of subsection (b) of this Section are
eligible to petition to participate in the Program. The
Department shall establish a system to allow for the orderly
disposition of the applications of those presently
incarcerated as they become eligible.
(h) Each participant in the Program shall have a volunteer
sponsor and shall remain in the custody of the Department of
Corrections throughout his or her participation in the Program.
(i) After 5 years of participation in the Program, the
participant may petition the Governor for executive clemency
under Section 3-3-13 of this Code.
(j) The Department shall select a panel of independent
researchers to assess the effectiveness of the Program and to
make annual recommendations to the Governor and General
Assembly as to whether the Program should be extended.
(k) Notwithstanding any other provision of law to the
contrary, this Section shall control any release under this
Program.
(l) This Section is repealed after 6 years from the

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effective date of this amendatory Act of the 101st General
Assembly.