Update on HJR 21

May, 2007  - We are getting mixed signals that raise serious questions about the purpose of the Long Term Prisoner Study Committee:

House Joint Resolution 21 reauthorizing HJR 80's Long Term Prisoner Study passed the House of Representatives in the legislature in May 2007. To view the activity on the website of the Illinois General Assembly, click here. Because of the concerns we expressed about the language (read below) in the initial version of HJR 21, that we believe would have allowed the Long Term Prisoner Study Committee to go back on its word to us that they would not consider retroactively reducing any current prison sentences (because in that case all the affected crime victims would absolutely have to be notified of any such consideration so that they could have a voice in the process, as is their constitutional right), the language was amended. The proposed HJR 21 language was gutted and substituted with an amendment that simply states again the original language of HJR 80 from 2006.

That language was slightly less problematic because, too late for public comment, it had already passed the legislature last year. But that language still clearly seeks to end the Life Without Parole sentence in Illinois (LWOP). We know that the general public still largely does not know that is being considered and would have strong feelings in support of the LWOP sentence.

We believe the language re-authorizing the Long Term Prisoner Study Committee should have matched the public rhetoric being told to us by the committee leadership - that now their work is solely limited to the three areas of the subcommittees: 1. Health Care in the Prisons 2. Educational programs in the prisons, and 3. Indeteminate sentencing, a study of the cases sentenced before 1978. The re-authorization language should have been written to affirm to us what we were being told.

We supported this third area of study ONLY if the victims families affected (the 294 murder cases that all were sentenced before 1978 and are therefore still open to annual review for possible parole and release by the Illinois Prisoner Review Board) were notified. We have submitted a motion to that effect and await action by the subcommittee chair Craig Findlay, of the Illinois Prisoner Review Board.

What is still making us wary is the summary of HJR 21 that is listed on the legislative website which says very clearly that the LWOP sentence is still under threat. The amendment summary says that HJR 21 "Creates the Long-Term Prisoners Study Committee to examine whether life without parole and sentences over 30 years are necessary for public safety and are the best use of State funds. Report due by December 31, 2007."

When we have attended the committee meetings they constantly attempt to re-assure us that the work of the Health and Programs subcommittees are now the major work of the committee, and that they are not trying to undo the current sentence of LWOP in Illinois. And no preliminary information is being reported about the question of indeterminate sentencing.

But what we are being told at committee meetings does not match what in fact the legislature's own website says - the summary says nothing about what we are being told is the "real work" of the committee. We wonder why the Illinois General Assembly website is still telling us that the purpose of the Long Term Prisoner Study Committee is to consider whether or not LWOP is a necessary sentence in Illinois, when the committee chair is telling us something different.

We intend to continue to monitor closely the Long Term Prisoner Study Committee, but are frustrated that the bulk of its work is being done by a research team from Southern Illinois University that is not open for public input, and that the public hearings promised in HJR 80/21 have been moved by committee chair Rep. Art Turner to the end of the committee's work after that report has already been issued.

We believe this to be not in keeping with the spirit of the original resolution which called for public hearings in this manner: "Resolved, that the committee shall hold public hearings and present a report of its findings and recommendations to the 95th General Assembly before December 31, 2007"

We read that to mean that public hearings should come earlier in the process, not after the report of the committee is already written.

Also we remain concerned that while significant monies have been allocated by the Illinois General Assembly for the purpose of this study, no monies have been allocated to assess the impact of the work of this committee on the original victims of the crimes for which the prisoners are serving their terms.

We continue to advocate for some comparable consideration being paid by the Illinois General Assembly to the victims of these crimes and the impact of any changes in current corrections practice on those victims and their families.

For more information click here to go to the Long Term Prisoner Study Committee section of the website.

March 7, 2007

Summary:

House Joint Resolution 21 has been introduced in the legislature to extend the authorization of the HJR80 committee from last year so that the committee will report its findings by the end of 2007.  The committee that will be hearing the bill is scheduled to meet on March 8, but given the number of bills that they are to consider it may be that they may not get to the resolution until a later meeting.  We will keep you posted on the progress of the resolution.  If it gets out of committee on March 8, we may need to expand our communication efforts to the entire House.

This extension is needed because the committee will not make the June 2007 deadline initially specified in the original resolution.  HJR21 also mentions several items that we are taking note of.  Specifically, the reauthorization mentions how expensive long-term incarceration is (which is true), and that the rate of recidivism for older former inmates is relatively low (which is only partly true as the Bureau of Justice  Statistics Report on Recidivism ranks older released prisoners at a 48% recidivism rate, lowest of all the age groups but still a very alarming number). 

As documented on the HJR80 section of our website already, we thoroughly discuss the issue of long-term incarceration costs and risks and also note that Rep. Art Turner has written us a letter personally assuring us that any discussion of retroactively reintroducing parole was "off the table." 

The language of HJR21 concerns us to the extent that we want to make sure that the reauthorized committee remains committed to that promise.

The full text of HJR21

What We Want:

We want to ensure compliance with the letter received by us from Rep. Art Turner assuring that the concept of retroactively reintroducing parole for long-term inmates will not be discussed or considered.  We would like to see the bill amended to state that the leadership of the committee has already agreed that any discussion of retroactive parole or early release for long-term inmates will not be discussed or considered.

Also, we would like the resolution to be amended to remove the misleading reference to recidivism to remove any justification for examining early release for long-term prisoners.

We have no preference on whether the committee is reauthorized or not.  We would be perfectly happy if the entire committee were to expire and not be reauthorized so feel free to act on your conscience in that regard.

What You Can Do:

Write, call, FAX the legislators on the House Judiciary II - Criminal Law Committee to express your concerns about HJR21 and ask for amended language in the bill to make it consistent with Rep. Turner's promise that retroactive parole for long-term prisoners will not be discussed or considered.

Here is suggested language you can cut and paste into your own computer.

Here are the names and contact information for the members of the committee: