{"id":233,"date":"2020-08-18T17:33:40","date_gmt":"2020-08-18T17:33:40","guid":{"rendered":"https:\/\/www.restorejustice.org\/2020\/08\/18\/restore-justice-summer-2020-newsletter\/"},"modified":"2023-06-07T20:19:37","modified_gmt":"2023-06-07T20:19:37","slug":"restore-justice-summer-2020-newsletter","status":"publish","type":"post","link":"https:\/\/www.restorejustice.org\/restore-justice-summer-2020-newsletter\/","title":{"rendered":"Restore Justice Summer 2020 Newsletter"},"content":{"rendered":"
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Dear Friends,<\/p>\n<\/div><\/section>

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We hope this letter finds you safe and as well as possible during these difficult times. Since our last letter, we have continued to try to find ways to help you and your families and friends, but, like everyone, we are often frustrated due to the impact of the pandemic of COVID-19. It feels as if we are in an important moment in history with racial equity in our nation and state as well. We hope you find this update useful, and as always, we are eager to hear from you.<\/p>\n<\/div><\/section>

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We have included a Clemency tool-kit developed by our partners and friends at the Illinois Prison Project.<\/p>\n<\/div><\/section>

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Big Shoulders has a writing opportunity for anyone interested and nearing their release date, you can contact them at: <\/p>\n<\/div><\/section>

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OUTSIDE IN Project<\/p>\n<\/div><\/section>

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Big Shoulders Books DePaul University<\/p>\n<\/div><\/section>

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2315 N. Kenmore Ave. #312, Chicago, IL 60614 <\/p>\n<\/div><\/section>

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LEGISLATIVE UPDATE<\/strong><\/p>\n<\/div><\/section>

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The Illinois General Assembly cut short its 2020 session without passing legislation that would enable them to legislate remotely; therefore, they cannot do the work of the state unless they are convened in person. As you can imagine, this has some pretty large implications for any legislative efforts. Normally, the legislative session would run from January through May 31 with \u201cveto session\u201d days sprinkled throughout the late fall. It is unclear whether or not we will have a veto session this year (and even if they do, it will be very brief), which means the next time the Assembly could do any business would be in 2021.  If no vaccine or treatments become widely available before early 2021, it is hard to imagine a \u201cnormal\u201d legislative session, where thousands of bills are considered and debated.<\/p>\n<\/div><\/section>

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What does this mean for us? Well, it means ALL of our normal legislative priorities, such as felony-murder reform, elimination of the remaining juvenile life-without-parole statute, retroactive application of the law we helped create in 2015 that allows judges to use discretion gun enhancements in some cases\u2026 all of these are on hold. This is true for ALL of the legislative efforts underway at other organizations, as well, unless they know something we don\u2019t!<\/p>\n<\/div><\/section>

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So, while we usually take up a lot of space in our letter to talk about legislation, we will instead focus on what is happening now, which largely revolves around the Governor and the Illinois Department of Corrections\u2019 orders and policies.<\/p>\n<\/div><\/section>

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LEGISLATION<\/strong><\/p>\n<\/div><\/section>

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Here are some of the bills we will continue to educate people with the intention of reviving them in 2021 when the legislature reconvenes in earnest, along with some others that you have asked us about in your recent letters.<\/strong><\/p>\n<\/div><\/section>

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FELONY-MURDER: <\/strong>There are two primary felony-murder reform bills, HB1615 and HB5631, both sponsored by Rep. Justin Slaughter. Neither have been voted upon and neither are law. <\/em>HB1615 makes sweeping changes to felony-murder. HB5631 is more limited and only removes the piece of felony-murder relating to deaths that are caused by a third-party. Why are there two bills? Because of opposition to the more sweeping reform, our policy team was asked to seek alternatives that could garner support from more progressive members of the law enforcement community. HB5631 is the result of those negotiations. Here are brief descriptions of each:<\/p>\n<\/div><\/section>

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HB1615 <\/strong>would provide that a person who kills an individual without lawful justification commits first degree murder if he or she acting alone, commits or attempts to commit a forcible felony other than second degree murder and, in the course of and in furtherance of the crime, he or she personally causes the death of an individual. Provides that a person who kills an individual without lawful justification commits first degree murder if he or she, when acting with one or more participants, commits or attempts to commit a forcible felony other than second degree murder, and in the course of and in furtherance of the offense, another participant in the offense causes the death of an individual, and he or she knew that the other participant would engage in conduct that would result in death or great bodily harm. <\/p>\n<\/div><\/section>

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HB5631 would provide that the offense of first degree murder for killing an individual without lawful justification during the attempted commission or commission of a forcible felony only applies when the death is caused by a person engaged as a principal or an accessory in the attempted commission or commission of the forcible felony.<\/p>\n<\/div><\/section>

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JLWOP:<\/strong> <\/strong> Right before COVID-19 hit, Rep. Rita Mayfield filed HB5670, which has not been voted on – it is NOT a law. Restore Justice developed this proposal to expand on our work on the Youthful Parole Law. <\/em>The proposal would eliminate some of the last vestiges of \u201cjuvenile life without parole\u201d by removing the offense-based carve-outs in the Youthful Parole Law. Offenses carved out in the current law include predatory criminal sexual assault of a child and first degree murder or a term of natural life imprisonment. <\/p>\n<\/div><\/section>

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EARNED DISCRETIONARY RELEASE:<\/strong> <\/strong>Senator Villanuava filed SB3233 before COVID-19 shut down the legislature. This bill has not been voted on. It is NOT a law. Restore Justice has not done work on this effort, so we are simply summarizing information from research on the Illinois General Assembly website (www.ilga.gov).<\/em><\/p>\n<\/div><\/section>

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SB2322 would provide that notwithstanding to the contrary any provision of the Code, the Post-Conviction Hearing Article of the Code of Criminal Procedure of 1963, the Habeas Corpus Article of the Code of Civil Procedure, or the relief from judgments provisions of the Code of Civil Procedure, a person serving a term of imprisonment in a Department of Corrections institution or facility is eligible for Earned Discretionary Release and a parole hearing if he or she has served the greater of: (1) a term of imprisonment of at least 20 years; (2) 25% of his or her sentence; or (3) the minimum term of imprisonment for the most serious offense for which the person was convicted. Provides that a person serving a term of natural life imprisonment is eligible for Earned Discretionary Release and a parole hearing after serving a term of imprisonment of at least 20 years. Provides that each committed person eligible for Earned Discretionary Release on the effective date of the amendatory Act shall receive a risk assessment within one year after the effective date of the amendatory Act. Deletes provision that no person serving a term of natural life imprisonment may be paroled or released except through executive clemency. Contains a severability provision.<\/p>\n<\/div><\/section>

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TRUTH IN SENTENCING:<\/strong> <\/strong>Sen. Kim Lightford filed SB2054 in 2019, but it has not yet passed through a committee. It has not been voted upon and is NOT a law.<\/em> has not done work on this effort, so we are simply summarizing information from research on the Illinois General Assembly website (<\/em>www.ilga.gov<\/em><\/a>). <\/em>There have been several amendments filed, and now in the Assignments Committee awaiting assignment to its first committee hearing. <\/p>\n<\/div><\/section>

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SB2054 would permit offenders subject to the truth in sentencing provisions of the Code to earn sentence credit for good conduct in specific instances as the Director of Corrections deems proper. Permits offenders subject to the truth in sentencing provisions of the Code to earn sentence credit for educational, vocational, substance abuse, behavior modification programs, life skills courses, re-entry planning, and correctional industry programs. Provides that sentence credit earned shall not reduce the sentence of the prisoner to less than: (1) 75% (rather than 85%) of his or her sentence if the prisoner is required to serve 85% of his or her sentence; and (2) 90% of his or her sentence if the prisoner is required to serve 100% of his or her sentence. <\/p>\n<\/div><\/section>

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YOUR QUESTIONS<\/strong><\/p>\n<\/div><\/section>

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Can I get released from prison because of a medical issue during COVID-19? What about hygiene issues?<\/em><\/p>\n<\/div><\/section>

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The Governor did enable medical furlough during COVID-19, but that pathway to release is very, very narrow.  And they do consider the offense and security stuff in addition to actual medical necessity, including automatic exclusion of anyone with natural life.<\/p>\n<\/div><\/section>

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To be considered, the doctor who treats your condition has to begin the process by filling out and filing a \u201cMedical Furlough Criteria Screening Form DOC 0583\u201d with the facility Medical Director for consideration. Guidance from IDOC notes the following about medical eligibility: <\/p>\n<\/div><\/section>

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\u201cI. Any physical mobility offender or terminally ill offender may be considered for a medical furlough. <\/p>\n<\/div><\/section>

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1. Limited physical mobility offenders shall require rehabilitative and\/or ongoing assistance to complete activities of daily living, such as bathing, dressing, transferring, toileting, and eating. <\/p>\n<\/div><\/section>

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2. Limited physical mobility offenders shall be furloughed to a healthcare facility or home placement and shall meet the individual admission requirements for the health care facility, hospice or home health program. If placed in a hospice or home-setting, the Department shall require reasonable assurances that the necessary level of care will be provided. <\/p>\n<\/div><\/section>

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ii. Terminally ill offenders shall require end of life care. <\/p>\n<\/div><\/section>

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1. If being furloughed to a healthcare facility, the terminally ill offender shall meet the individual admission requirements for the health care facility. <\/p>\n<\/div><\/section>

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2. If being furloughed to a home setting, the terminally ill offender shall meet the admission requirements to be admitted to hospice or a home health program. <\/p>\n<\/div><\/section>

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iii. Generally, medical furlough consideration shall not be given if the offender\u2019s medical condition was present at the time of sentencing, unless the offender\u2019s overall condition has significantly deteriorated during incarceration.\u201d<\/p>\n<\/div><\/section>

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How can I find an attorney to help me?<\/em><\/p>\n<\/div><\/section>

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Here at Restore Justice we are a small staff, we do not have any attorneys on our staff, and we cannot give legal advice on individual cases. We understand how unfair the system can be, therefore we work through the legislative process to try and change unjust laws. Unfortunately we are unable to find attorneys for individuals.  <\/p>\n<\/div><\/section>

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How can I file for Clemency, or other means of release during COVID0-19?<\/em><\/p>\n<\/div><\/section>

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That is a great question, we get it every minute of every day. This is an excellent time to consider a clemency petition. The Governor and the Prisoner Review Board have streamlined the clemency process, and while they are not considering thousands of clemency petitions, they are considering hundreds.  <\/p>\n<\/div><\/section>

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We are also recommending this because it is literally the only proactive thing most folks can actually do to pursue release after serving many years in prison, given our legislative situation. Our colleagues at IPP put together a toolkit to help loved ones of incarcerated people file (here: www.illinoisprisonproject.org\/toolkit-for-families-of-incarcerated-people). <\/a><\/p>\n<\/div><\/section>

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We are including this toolkit starting on Page 18 of this letter.<\/strong><\/p>\n<\/div><\/section>

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The other two mechanisms for early release are Earned Discretionary Sentencing Credits and Electronic Detention. IDOC has the authority to grant good-time, up to 180 days, to people who are close to their exit or MSR dates. IDOC has already reviewed the more than 7,000 people who may have been eligible in a pool consisting of class 2 – 4 felonies with under 6 months to go until their release, and as of mid-June, IDOC data shows that 1,600 made it through. Electronic detention is barely being used, and is a mixed bag, as you know.<\/p>\n<\/div><\/section>

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We wish we had more good news to share with you here, but at least there are some pathways to explore.<\/p>\n<\/div><\/section>

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RESHARING INFORMATION ON THE NEW GOOD TIME LAW (Sentencing Credit-Public Act 1010440)<\/strong><\/p>\n<\/div><\/section>

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Restore Justice previously shared an explanation of the recent good time law. We\u2019ve received a lot of questions about this new law so we are resharing the information. <\/p>\n<\/div><\/section>

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Disclaimer: Restore Justice was not a part of the legislative effort that resulted in the passage of HB0094, and so we are relying on our own analysis of the law along with our partners\u2019 feedback to generate this summary. We decided to publish a summary because we were getting an overwhelming number of questions on the topic.<\/em><\/p>\n<\/div><\/section>

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The most important thing to know is that the new law only applies to inmates serving sentences for offenses committed before June 19, 1998. <\/strong>(Truth in Sentencing, which eliminated and reduced sentencing credits, is still the law.)<\/p>\n<\/div><\/section>

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The Illinois Department of Corrections (IDOC) has not yet issued clear guidance on how they plan to implement this new law, but with our friends at John Howard Association, we have outlined our summary of the law below.<\/p>\n<\/div><\/section>

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The law requires IDOC to award up to 90 days of sentence credit for successful completion of programming<\/strong> listed under 730 ILCS 5\/3-6-3(4) to people who are currently serving a sentence for an offense committed prior <\/strong>to June 19, 1998.   <\/p>\n<\/div><\/section>

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Programming listed in paragraph 4 of 730 ILCS 5\/3-6-3 includes full-time substance abuse programs, correctional industry assignments, educational programs, behavior modification programs, life skills courses, or re-entry planning should count for sentence credit. Obtaining college and advanced degrees should also count.<\/p>\n<\/div><\/section>

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If this change in the law applies to you, sentencing credit should be awarded to you for successfully completing programming at any time during your current term of incarceration. So, you should be awarded sentence credit for programming successfully completed at any time before or after the day the change in the law goes into effect (January 1, 2020). The programming must have been completed during your current term of incarceration if you are currently incarcerated for an offense committed prior to June 19, 1998.<\/p>\n<\/div><\/section>

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Here\u2019s how the amount of sentence credit would be determined: <\/strong><\/p>\n<\/div><\/section>

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If the person participated in more than 45 days of programs, they would receive 90 days of sentence credit. If the person completed less than 45 days or cannot prove they completed more than 45 days, they would receive 45 days of sentence credit. <\/p>\n<\/div><\/section>

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An additional 180 days of sentence credit could be awarded to inmates who obtain bachelor\u2019s, master\u2019s, or professional degrees while in IDOC custody. <\/p>\n<\/div><\/section>

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We interpret this to mean that no one will get more than 90 days of credit via this program unless they obtained a bachelor\u2019s master\u2019s, or professional degree within IDOC.<\/em><\/p>\n<\/div><\/section>

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Here\u2019s what\u2019s needed to be eligible for sentence credit: <\/strong><\/p>\n<\/div><\/section>

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Documentation that the person participated in and completed full-time substance abuse programs, correctional industry assignments, educational programs, behavior modification programs, life skills courses, or re-entry planning.<\/p>\n<\/div><\/section>

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The inmate\u2019s own testimony, through an affidavit or documentation, OR a third party\u2019s documentation or testimony, through an affidavit, that the inmate participated in and completed the programs.  <\/p>\n<\/div><\/section>

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Other things to know:<\/strong><\/p>\n<\/div><\/section>

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