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Medical Release Act (Joe Coleman Act)
Beginning on January 1, 2022, the Medical Release Act, also known as the Joe Coleman Act, will be enacted to allow individuals in custody that are suffering from a terminal illness or medical incapacitation, to file a medical release application. "Medically incapacitated" means an individual in custody has any diagnosable medical condition, including dementia and severe, permanent medical or cognitive disability, that prevents the individual in custody from completing more than one activity of daily living without assistance or that incapacitates the individual in custody to the extent that institutional confinement does not offer additional restrictions, and that the condition is unlikely to improve noticeably in the future. "Terminal illness" means a condition that satisfies all of the following criteria: (i) the condition is irreversible and incurable; (ii) in accordance with medical standards and a reasonable degree of medical certainty, based on an individual assessment of the individual in custody, the condition is likely to cause death to the individual in custody within 18 months.
The Board shall consider an application for medical release on behalf of any individual in custody who meets any of the following:
- is suffering from a terminal illness; or
- has been diagnosed with a condition that will result in medical incapacity within the next 6 months; or
- has become medically incapacitated subsequent to sentencing due to illness or injury.
An initial application for a medical release may be filed with the Prisoner Review Board by an individual in custody, a prison official, a medical professional who has treated or diagnosed the individual in custody, or an individual in custody's spouse, parent, guardian, grandparent, aunt or uncle, sibling, child over the age of eighteen (18) years, or attorney. If the initial application is made by someone other than the individual in custody, the individual in custody, or if they are medially unable to consent, the guardian or family member designated to represent their interests must consent to the application at the time of the institutional hearing.
Once the Board's staff receives the application and documents, it will be reviewed to ensure compliance with all of the filing guidelines. The Applicant, or representative, will be notified in writing if additional information is required for completion of the Medical Release Application. The Board will also request a written evaluation from a physician or nurse practitioner with the Illinois Department of Corrections Healthcare Unit at the holding facility to provide further medical details.
GUIDELINES FOR MEDICAL RELEASE
The application may be filled out, signed and emailed back to PRB.MedicalRelease@Illinois.gov, mailed or faxed to (217) 524-0012, Attn: Medical Release Act.
The Applicant, and/or the representative who filed on behalf of the individual in custody, will receive a confirmation letter which will include application received date, a Medical Release number and the date of the hearing, if one was requested. No public hearing is required for consideration of an application, but shall be granted at the request of the Applicant, and/or their representative. The individual in custody will be afforded the opportunity to be virtually present for the hearing before the Board if they wish. The individual in custody may be represented by counsel and may present witnesses to the Board at the hearing. Personal presentation at the hearing is limited.
To align with and strive towards consistency with other PRB hearing processes, during the public hearing, individuals in custody (applicant) and a victim[1], or representative of the victim(s) will be afforded the opportunity to present testimony. In addition, PRB will allow up to two (2) more individuals to testify on behalf of the applicant and up to two (2) more individuals to testify in protest.
[1] Please refer to the definition of “victim” as outlined in 725 ILCS 120/3.
Crime Victims will be given a 30 day notice and will also be afforded the opportunity to respond and/or speak at a public hearing, if so desired.
Once the Applicant, and/or the representative who filed on behalf of the individual in custody, has received their confirmation letter they will be directed to have their witnesses register their information for the hearing. Witnesses, including counsel, will be allowed to speak at the hearing and all individuals, including counsel will take an affirmation of oath at the time of the hearing.
Applications will be reviewed and decided by a three-member panel and a decision to grant or deny an application shall be made by simple majority within 90 days of the completed application received date. Individuals in custody granted medical release shall be released on mandatory supervised release for a period of 5 years which shall operate to discharge any remaining term of years imposed upon him or her. However, in no event shall the individual in custody serve a period of mandatory supervised release greater than the aggregate of the discharged underlying sentence and the mandatory supervised release period.
Filing an application under the Medical Release Act does not preclude an Applicant from seeking alternative forms of release, including Clemency, relief from the sentencing court, post-conviction relief, or any other legal remedy.
AGENDA: