The goal of the Joe Coleman Medical Release Act, as once stated by its main Illinois House sponsor, is to allow families of terminally ill convicts to “properly say goodbye” to their loved ones outside the prison setting.
But since the bill went into effect in January 2022, thoughtful issues have been raised that are ripe for intelligent discussion, as a recent investigation by Injustice Watch and WBEZ that was published by the Sun-Times shows.
Despite the early stages of the law’s implementation, its advocates are not satisfied with the decisions of the enforcing agency, the Illinois Prisoner Review Board. Already, the Coleman Act advocates want to amend the law to require board members to visit the prison infirmaries housing these inmates and to explain their vote in opposition to a release.
We are a nation of laws, and our criminal justice system is founded on the concepts of due process and fair play. The rights of the accused are well-established and delineated through our U.S. Constitution and accompanying laws. In Illinois, our state Constitution goes further.
In 2014, Illinois voters approved an amendment to our Constitution related to the rights of crime victims. Among those rights, the amendment requires crime victims be treated with fairness and respect for their dignity and privacy throughout the criminal justice process. This amendment is not advisory — it is binding.
When laws such as the Coleman Act are proposed, a balanced review is necessary due to implications and conflicts under our Constitution. Passing a law that potentially reverses a decision — a guilty verdict and prison sentence — already made in our judicial system, outside of the traditional appeals process, is a major policy decision.
The numbers so far under the Coleman Act, as reported in the investigation, speak for themselves: 89 denials and 52 approvals from the Prisoner Review Board. The board’s chairman, Donald Shelton, states each case is unique and decided based on its own set of circumstances. Gov. J.B. Pritzker has said the Coleman Act is being carried out appropriately.
I agree with both of them.
Closure for victims’ families
It’s important to understand that a majority of inmates seeking relief under the Coleman Act have been convicted of first-degree murder. These inmates took the life of a son, daughter, mother or father in the most heinous and violent manner.
Having served as a prosecutor, I know the most difficult part of the criminal justice process is to find closure for victims and their families. This closure most often comes through a finding of guilt and the assurance the defendant will serve their time in prison.
But because the Prisoner Review Board is not “rubber-stamping” inmates’ applications, advocates are dissatisfied and now want changes to the law — never mind that the ink from the governor’s signature on the existing law is barely dry.
The changes these advocates want — to require review board members to visit infirmaries and also to explain their “no” vote or denial of release — are worth consideration. But that must be balanced with respect for the constitutionally protected rights of the victims.
That balance can be achieved if these proposals include the following: Require review board members to explain their “yes” votes in favor of medical release and to visit the gravesite of the inmate’s murder victim(s) with any remaining family members. This is appropriate because that gravesite is the last place where murder victims’ loved ones “properly said goodbye.”
That is balance and reflects the forgotten rights of crime victims in Illinois.
Jim Durkin is a former Republican state representative who served as the Illinois House minority leader. He is also a former assistant Cook County state’s attorney.
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