Posts Tagged ‘sentence credits’

IL Governor Pat Quinn finally motivated to implement new sentence credits and early release to resolve prison overcrowding in face of public criticism?

Posted: February 23, 2013 by lactoselazy in Early Release, IDOC, IL prison safety, Meritorious Good Time, Sentence Credits
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Governor Pat Quinn is beginning to face serious criticism for inaction regarding prison overcrowding and prison violence is escalating. So, Quinn is now claiming IDOC is implementing the new sentence credits as a way to reduce overcrowding. Yet, when Quinn first said this yesterday, an IDOC spokesperson indicated it had no firm timeline for implementation of the early release. Today, this is corrected below with Quinn and IDOC stating the first 12 inmates have been selected and will be released next month. It is too bad that it seems to require a surge in prison violence and public criticism rather than humanitarian motivation to get the Governor to move on  this important issue:

Prison officials ready to launch early inmate release program

4 hours ago  •  Kurt Erickson

SPRINGFIELD — State officials said Friday they are finally launching an early prisoner release program that could reduce some of the overcrowding within the prison system and, possibly, reduce some of the violence going on behind bars.

The first of 12 inmates who have been deemed eligible for the program could hit the streets in the coming month as the Illinois Department of Corrections reviews prisoner files to determine who might qualify.

“The new program will allow the department to, after comprehensive review, award up to 180 days of sentence credit to statutorily eligible offenders who demonstrate positive behavior in custody and show a potential for rehabilitation,” a Corrections release stated.

The program comes more than three years after Gov. Pat Quinn suspended an early release program after The Associated Press reported that an estimated 2,000 inmates had spent only days or weeks of their sentences in prison.

Since then, the state’s prison system has mushroomed by more than 3,000 inmates. At the same time, Quinn has moved to close prisons, saying the state cannot afford to keep all of the facilities open.

The combination of more inmates in fewer cells has led to inmates sleeping in gymnasiums and what critics say is a dangerous rise in violence. On Friday, Lawrence Correctional Center and Menard Correctional Center were on lockdown status, while Stateville Correctional Center was on partial lockdown.

John Maki, executive director of the John Howard Association, said the program could help alleviate some of the pressure on the prison system by reducing the inmate population and giving prisoners an incentive to behave.

But, Maki said, the governor should abandon his plan to close Dwight Correctional Center because overcrowding remains a serious problem.

“Illinois is still going to have a very overcrowded prison system,” Maki said.

The system held 45,000 inmates in prisons designed for 33,000 inmates when the last early release program was terminated in 2009. Projections show the number of inmates is heading toward 50,000 in a system built for 32,000 if the governor moves forward with the closure of the all-female prison in Dwight.

Quinn already has shuttered the super-maximum-security prison in Tamms.

The American Federation of State, County and Municipal Employees union, which represents prison guards and other state workers, said the program could be a positive step.

“But by the department’s own admission in its latest inmate population projection for 2013, this is not an answer to the state’s huge overcrowding problem,” AFSCME spokesman Anders Lindall said. “The overcrowding crisis and accompanying dangers will only get worse unless Gov. Quinn keeps Dwight open and reverses the closure of the four IDOC facilities he recently shuttered.”

Under the new program, offenders must have served at least 60 days within the state prison system to be eligible for credit. Inmate files will go through multiple levels of review before an award is determined, Corrections spokeswoman Stacey Solano said.

The program is aimed at nonviolent offenders. Credits cannot be awarded to inmates serving time for murder, rape, kidnapping and other serious crimes.

Officials also will have the right to revoke credit if an inmate demonstrates negative or violent behavior, which was not permitted under previous programs.

The department must notify local authorities at least two weeks prior to an inmate’s parole if the offender received supplemental sentence credit at any point during incarceration.

The agency said it will not inform those who call the agency whether an inmate will be eligible for credit.

But in an attempt to bring transparency to the process, the new law will require the department to provide annual reports outlining how many inmates received credits.

http://qctimes.com/news/state-and-regional/illinois/prison-officials-ready-to-launch-early-inmate-release-program/article_1ca143b8-7d3a-11e2-b5f9-0019bb2963f4.html

 

 

The Big Question About IL Early Release

Posted: January 20, 2013 by mikethemouth in Early Release, Early Release, Meritorious Good Time, Sentence Credits
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A lot of people are visiting the website daily wondering if and when something will be posted saying that IDOC is beginning to release inmates from their sentences early by awarding them up to six months of discretionary sentence credits. The internet is awash with individual rumors from inmates and prison staff throughout the state claiming that some one said the state will begin releasing people early at one prison or another within the next couple of weeks, etc.

All these are rumors which are all UNCONFIRMED. So far, no one is able to produce paperwork showing that they have been awarded sentence credits and will be released earlier than otherwise as a result.

So, what does this all mean? Well, so far, while IDOC has said that staff are beginning to review inmate records to see who is eligible to receive what credit, IDOC is still unwilling or unable to commit itself to a specific date by which it will release that first inmate. The most revealing information IDOC has provided to date about how it is going about implementing any early release is the statement in the article contained below, where it said, “…This will be an ongoing, careful and thoughtful process,” Corrections spokeswoman Stacey Solano said in a statement…”

Ill. prisons reintroducing early-release program

That statement seems to suggest that it will take IDOC perhaps a month or two to get anything started. We were able to confirm that no obstacles  officially now remain to IDOC implementing the new rules which have been legally approved. Yet, even the IDOC contact person for the rule-making remains unwilling to give any indication of when a release program might start. So, yes, readers can check back here, other sites and media reports daily, but we also suggest keeping current on the IDOC Community Notification Page website (click here) too.

IDOC is required by law to post current inmate information on every individual it releases as it releases inmates. Up through the end of 2012, IDOC was releasing individuals several times during each month. 2013 releases are easy to distinguish so far this month, because of the year change and because there have been relatively few of them. With the exception of one person who was placed on electronic detention from Stateville CC, inmates released this month committed offenses which would not have made them eligible for any early release. Electronic detention is not quite the same as early release, so we can’t say that it plays a part in this individuals position either.

We suggest though, that one way to reduce the effects of the rumor mill and keep your sanity is too keep an eye on the Community Notification Page as well as media reports. When early release does begin, you will see sentence credit time reductions effecting the release dates of non-violent offenders.

 

Quinn Signs SB 2621 into Law Today! Effective Immediately, it will still take time to implement!

Posted: June 23, 2012 by tennesseetree in FOIA-Freedom of Information Act, IDOC, Local Issues
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Full Text of Press Release from State of IL, Governor Pat Quinn’s Office website

Governor Quinn Signs Laws to Improve Public Safety and Criminal Justice in Illinois
New Laws Will Crack Down on Crime; Continue to Manage Prison Population and Encourage Positive Behavior

CHICAGO – June 22, 2012. Governor Pat Quinn today signed several new laws that together will improve public safety and criminal justice in Illinois. Senate Bill 2621 increases accountability in the state’s prison system by setting new guidelines that strengthen the Department of Corrections’ (DOC) ability to manage the state’s prison population. Forty-six other states have adopted similar laws, which also encourage non-violent offenders to pursue positive rehabilitation strategies.“Ensuring public safety is my top priority,” Governor Quinn said. “This is good criminal justice policy and good public safety policy that will manage our prison population and make non-violent offenders less likely to commit crime in the future.”SB 2621, sponsored by Sen. Kwame Raoul (D-Chicago) and Rep. Barbara Flynn Currie (D-Chicago), passed both houses with bi-partisan support and has been endorsed by many criminal justice organizations, including the John Howard Association. The law increases safety inside prisons by allowing DOC to award sentence credit to non-violent offenders who have shown willingness to correct their behavior through successful completion of rehabilitation.Sentencing credit has existed in Illinois law since 1978 but under the new law, inmates would only be eligible to receive sentence credit after serving at least 60 days in DOC custody. Inmates who display appropriate, positive behavior will be reviewed and evaluated by DOC to determine whether they are eligible to receive credit. Under the new law, DOC will consider and evaluate an inmate’s prior offenses, the circumstances of the inmate’s current holding offense, as well as the offender’s potential for rehabilitation prior to the decision to award sentencing credit. DOC will also have the right to revoke credit if an inmate demonstrates negative or violent behavior. As a result of the Governor’s 2009 Crime Reduction Act, there will also be a risk assessment tool in place this year to ensure that sentences are administered according to individual evaluation of the inmate.

SB 2621 also increases transparency by requiring DOC to provide annual reports to the Governor and General Assembly containing program statistics, how the new policies are being implemented and how sentence credit is being awarded. Additionally, county state’s attorneys, county sheriffs and the committing county will receive notification two weeks prior to an inmate’s release.

In order to qualify for sentencing credit, inmates will be required to successfully complete rehabilitation treatments, which could include substance abuse treatment, adult education, and behavior modification or life skills programs. Inmates may also receive sentence credit for passing the Test of General Educational Development (GED) while in DOC custody.

“Presenting inmates with an additional incentive for good behavior will improve the environment inside our facilities and allow the department to focus our efforts on violent criminals,” said Illinois Department of Corrections Director S.A. “Tony” Godinez. “Eligible inmates will now have the benefit of receiving sentence credit appropriately and responsibly as the department continues to look for effective, safe and secure methods of managing state prisons.”

SB 2621 is effective immediately.

Governor Quinn also signed additional laws to increase public safety and protect children from predators. Senate Bill 3579, sponsored by Sen. Kirk Dillard (R-Hinsdale) and Rep. Sandra Pihos (R-Glen Ellyn), prohibits sex offenders from participating in holiday celebrations where minors are present, for example handing out candy on Halloween. The law goes into effect Jan. 1. Senate Bill 3809, sponsored by Sen. John Mulroe (D-Chicago) and Rep. Darlene Senger (R-Naperville), enables park districts to have criminal background checks performed to determine whether a job applicant is a delinquent minor for committing certain offenses, such as sexual assault. The law goes into effect immediately.

Senate Bill 3258, sponsored by Sen. Iris Martinez (D-Chicago) and Rep. Scott Penny (D-Belleville), clarifies violations included in the Sex Offender Registry, and prevents arrest records for reckless driving from being sealed before the offender reaches the age of 25. The law goes into effect Jan. 1. House Bill 4590, sponsored by Rep. Bill Cunningham (D-Chicago) and Sen. Tim Bivins (R-Dixon), adds new information, such as known gang affiliations, to inmate record files housed at the Department of Corrections. The law is effective immediately.

Update: The IL Department of Correction maintains a Questions and Answers area on it’s website to familiarize visitors with department policies and procedures. The new law passed regarding sentence credits will cause IDOC to revise some of the information posted in that section about good time credits. For now, IDOC has updated that section with the following statement:

Please note: in accordance with Public Act 97-0697 (effective 6/22/2012) the above types of credit have been amended along with other changes.  The Department has started examining and identifying policies and/or rules for revisions that may need to be promulgated through the Joint Committee on Administrative Rules.

This statement is the best indicator so far as to how long it will take IDOC to release any inmates early. Since it states that changes will have to be made, you can pretty much bet that the department will not act quickly to release anyone. It will more likely take until sometime after the November elections before early releases get started.

John Howard Association’s clarification of contents of SB2621

Posted: June 6, 2012 by mikethemouth in IDOC, IL in Fiscal Ruins
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 The  John Howard Association was one of the main organizations that wrote SB2621. This fact sheet is from their website theJHA.org and answers a lot of questions readers are asking about how sentence credits will work and who will be eligible for them:

What you need to know about SB 2621

SB 2621 is a piece of criminal justice reform legislation that passed the Illinois Senate and House in the spring 2012 legislative session. This is a significant victory for both the John Howard Association (JHA), which was one of the chief advocates for the bill, and for safe, smart, and cost-effective prison reform. If Governor Quinn signs this bill into law, it will establish a responsible early release program to ease prison overcrowding that will replace Meritorious Good Time (MGT), the 30-year-old good conduct credit program that was suspended in early 2010.

What will SB 2621 do?

As of May 2012, Illinois housed more than 48,000 inmates in a prison system designed for about 34,000. While almost every facility struggles with its population, the worst crowding is in the state’s minimum and medium security prisons, which house mostly low-level offenders. This kind of crowding endangers not only inmates, but also the thousands of staff that work in the state’s correctional institutions.

SB 2621 will address these problems by authorizing the Illinois Department of Corrections (DOC) to award up to 180 days of Sentence Credits to low-level offenders for completing educational programs, taking part in community service, or demonstrating good behavior. This is a standard tool that prison systems across the country use to control behavior and encourage participation in programs that reduce recidivism.

How is SB 2621 different from MGT?

SB 2621 will mandate several key improvements designed to protect public safety, including the following:

  • SB 2621 will authorize DOC to consider an inmate’s entire criminal history when awarding Sentence Credits, which includes prior offenses, the “facts and circumstances of the inmate’s holding offenses,” and the “potential for rehabilitation.” Under MGT, such consideration was impossible.
  • SB 2621 will authorize DOC to award Sentence Credits for completing a broad range of programs in county and state custody, from GED classes to life skills courses. MGT recognized only a limited number of programs and excluded county jail programming from consideration.
  • SB 2621 will require DOC to publish a public report detailing how it awards Sentence Credits. This requirement will provide an exceptional level of transparency to ensure DOC is awarding Credits in a way that is consistent with the bill’s intent and the promotion of public safety. MGT lacked a comparable level of transparency.

Will every inmate be eligible for 180 days of Sentence Credits?

No. While SB 2621 will authorize DOC to consider offenders’ criminal histories in awarding Sentence Credits, it will also limit and exclude the following offenses (as was the case under MGT):

No persons who are committed for the following offenses shall be awarded more than 90 days of Sentence Credits during a term of incarceration: first degree murder, reckless homicide while under the influence of alcohol or any other drug, aggravated kidnapping, kidnapping, aggravated criminal sexual assault, criminal sexual assault, deviate sexual assault, aggravated criminal sexual abuse, aggravated indecent liberties with a child, indecent liberties with a child, child pornography, heinous battery, aggravated battery of a spouse, aggravated battery of a spouse with a firearm, stalking, aggravated stalking, aggravated battery of a child, endangering the life or health of a child, cruelty to a child, or narcotic racketeering.

No persons who are serving a sentence for a conviction for any of the following offenses committed on or after August 20, 1995, shall be awarded any Sentence Credits:

First degree murder, attempt to commit first degree murder, solicitation of murder, solicitation of murder for hire, intentional homicide of an unborn child, aggravated criminal sexual assault, criminal sexual assault, aggravated kidnapping, aggravating battery with a firearm, heinous battery, aggravated battery of a senior citizen, aggravated battery of a child, habitual juvenile offenders, violent juvenile offenders; or home invasion, armed robbery, aggravated vehicular hijacking, aggravated discharge of a firearm, or armed violence with a category 1 weapon or category II weapon, when the court has entered a finding that the conduct leading to conviction for the offense resulted in great bodily harm to a victim.

How long will it be before DOC is ready to start awarding Sentence Credits?

Before SB 2621 goes to the Governor, it must be certified by both the House and Senate. Once it is certified, the bill must be sent to the Governor within 30 days. When the Governor receives the bill, he will then have 60 days to sign it.

Once SB 2621 is signed into law, DOC will have to create and promulgate new administrative rules that will govern its application.

How many inmates would receive Sentence Credits?

As of now, that number is unclear–but it will likely be a smaller class of people who received MGT based on the new factors DOC will be able to consider when awarding or denying Credits.

Who supported SB 2621?

SB 2621 had significant bi-partisan support in the General Assembly. In the Senate, it passed 55-1 and was sponsored by Sen. Kwame Raoul (D), Thomas Johnson (R), Michael Noland (D), John J. Millners (R), Mattie Hunter (D), Pamela J. Althoff (R), Annazette R. Collins (D), and William Delgado (D). While he was not an official sponsor, Senate President Cullerton played an essential role in passing the bill.

In the House, SB2621 passed 68-50 and was sponsored by Rep. Barbara Flynn Currie (D), Jim Sacia (R), Kelly M. Cassidy (D), Arthur Turner (D), Kimberly du Buclet (D), Rita Mayfield (D), La Shawn K. Ford (D), Esther Golar (D), Eddie Lee Jackson, Sr. (D), Scott E. Penny (D), Charles E. Jefferson (D), Karen May (D), Naomi D. Jakobsson (D), and Monique D. Davis (D).

Supporting organizations include: John Howard Association, Metropolis Strategies, ACLU of Illinois, Cabrini Green Legal Aid, Sargent Shriver National Center on Poverty Law, A Safe Haven, Appleseed Foundation, Chicago Legal Advocacy for Incarcerated Mothers (CLAIM), Protestants for the Common Good, Roosevelt University’s Institute for Metropolitan Affairs, Roosevelt’s Illinois Consortium on Drug Policy, Safer Foundation, TASC, Youth Advocate Programs, Coalition for Prison Reform, Illinois Prison Talk, and League of Women Voters of Illinois.

What can I do to support safe, cost-effective criminal justice reform?

Contact Governor Quinn and tell him to sign SB 2621 into law.

Contact your state Senator and Representative. Thank them if they voted yes, and if they voted no, tell them you’re disappointed. We’re going to need bi-partisan support to continue to reform Illinois’ criminal justice system. You can find your legislators here and how your legislators voted here.

Updated June 4, 2012

 Be sure to donate generously to the John Howard Association and support them for the work they did on this bill and the work they do every day monitoring conditions at each of the State of IL prisons.

IL Legislature Today Approves possible IDOC Early Release Program, SB 2621, and Sentence Credits!

Posted: May 31, 2012 by parchangelo in Early Release, IDOC, IL in Fiscal Ruins, Meritorious Good Time
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It’s official! As anticipated, the IL House has now passed Senate Bill 2621, by a vote of 68 -50, authorizing the Department of Corrections to issue sentence credits which can lead to the early release for inmates eligible under the terms of the bill. The bill will now head to Governor Pat Quinn for possible signature. Quinn has 60 days to either sign it or indicate his opposition to it. While this is great news for all incarcerated in the overcrowded IL state prisons, the bill still needs Quinn’s approval and then to be implememented. It is unknown right now if Quinn will sign the bill into law; he has not indicated past support for the bill or any inclination that he will work to implement any form of early release. If signed the law will head to Rules and Regulations for work before IDOC changes are begun. As we have said before, even in the most optimistic scenario, readers should not look for any sentence shortening to begin till after the November 2012 elections and possibly even some time in 2013. Still, this is wonderful and long anticipated news! Congradulations to everyone who has worked so hard for so long to try to reinstate some form or early release for IL inmates!

Here is the link to the whole piece of SB 2621`legislation. Readers will have to scrutinize it carefully to determine just who is eligible for what.

http://www.ilga.gov/legislation/BillStatus.asp?DocNum=2621&GAID=11&DocTypeID=SB&LegId=62972&SessionID=84&GA=97</a

Bill Synopis:

Replaces everything after the enacting clause. Amends the Unified Code of Corrections. Changes the references to "good conduct credit" and "early release" on felony sentences to "sentence credit", and the references to "good conduct for meritorious service" to "sentence credit for good conduct". Provides that the Department of Corrections shall provide annual reports to the Governor and General Assembly on award, amount, holding offenses, and revocation of sentence credit for good conduct. Provides that the rules and regulations for sentence credit shall provide that the sentence credit accumulated and retained by an inmate during specific periods of time in which the inmate is engaged full-time in behavior modification programs or life skills courses and satisfactorily completes the assigned program as determined by the standards of the Department of Corrections shall be multiplied by a factor of 1.50 for program participation. Provides that the rules and regulations shall also provide that sentence credit, subject to the same offense limits and multiplier, may be provided to an inmate who was held in pre-trial detention prior to his or her current commitment to the Department of Corrections and successfully completed a full-time 60 day or longer substance abuse program, educational program, behavior modification program, or life skills course provided by a county department of corrections or county jail. Requires the county program credit to be calculated at sentencing and included in the sentencing order. Deletes prohibition on an inmate receiving additional sentence credit for time spent in an educational or training program if the inmate previously served more than one prior sentence for a felony in an adult correctional facility. Provides that the Department may also award 60 days of sentence credit to any committed person who passed the high school level Test of General Educational Development (GED) while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections. Provides that the Department's rules and regulations for revoking sentence credit, includes revocation of sentence credit for good conduct. Effective upon becoming law.

Senate Floor Amendment No. 4
Provides that eligible inmates for an award of sentence credit for specific instances of good conduct may be selected to receive the credit at the Director's or his or her designee's sole discretion. Provides that consideration may be based on, but not limited to, any available risk-assessment analysis on the inmate, any history of conviction for violent crimes as defined by the Rights of Crime Victims and Witnesses Act, facts and circumstances of the inmate's holding offense or offenses, and the potential for rehabilitation. Restores language that no inmate shall be eligible for the additional good conduct credit in which the inmate is engaged full-time in substance abuse programs, correctional industry assignments, educational programs, behavior modification programs, life skills courses, or re-entry planning who (i) has previously received increased good conduct credit for that participation and has subsequently been convicted of a felony, or (ii) has previously served more than one prior sentence of imprisonment for a felony in an adult correctional facility.