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Legal-Kal
Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 566
Experience:  Attorney at Law Offices of Khaled Issa
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My boyfriend is in Western IL prison and he told me there

Customer Question

Hello. My boyfriend is in Western IL prison and he told me there was new early release laws for non violent inmates? Is this true? and if it is how do we go about applying for it.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Legal-Kal replied 1 year ago.

Good afternoon:

My name is ***** ***** Illinois attorney, and I would be more than happy to provide general information regarding your question. Please make sure to only list one question regarding this topic so as to avoid double billing.

May I ask, how long has your boyfriend been in IDOC? This will play a role in whether or not he is eligible.

Customer: replied 1 year ago.
3 years
Customer: replied 1 year ago.
His name is ***** ***** k84884
Customer: replied 1 year ago.
What is the new law about that
Expert:  Legal-Kal replied 1 year ago.

Ok, thank you for that information.

There has not been any new law regarding early release recently. The most recent one was approximately two-three years ago. Is that law (from 2-3) years ago what you are talking about?

There is a recent law regarding non-violent early release, but that is applicable to ONLY FEDERAL INMATES, not state inmates such as your boyfriend.

Do you know which "new law" you are too?

Customer: replied 1 year ago.
he does not know which law it is and something about early release and the take off 7days for every month you were already locked up?. so there has not been any new laws for 2016.
Expert:  Legal-Kal replied 1 year ago.

Unfortunately there is not. There was a law passed a few years back that may apply to him. I can discuss that law if you would like? But there is no new 2016 law.

Customer: replied 1 year ago.
please. what law is from a few years back?
Expert:  Legal-Kal replied 1 year ago.

Sure. A while ago, IDOC had an "early release" program. Because of political reasons, they stopped using that program.

In 2013, they brought the program back, with a few changes. In order for someone to be considered for early release, they would have to meet certain requirements imposed by IDOC. These requirements include:

  • must serve more than 60 days in IDOC
  • must not be in custody for an offense that is subject to the Truth-in-Sentencing laws
  • must not be subject to review under the Sexually Violent Person’s Act,
  • must not have been found guilty of a 100 level disciplinary offense (violated while in custody) under 20 Ill. Adm. Code 504,
  • must not have any pending criminal charges committed during the current incarceration,
  • must not have been returned to the Department for a violation of his or her parole or mandatory supervised release during their current incarceration,
  • must not have voluntarily quit or have been terminated for disciplinary reasons from a boot camp program,
  • if recommended by a court, must have completed substance abuse treatment or been waived from the requirement by the Department, and
  • must have completed mandatory sex offender treatment (if necessary) or been waived of the requirement by the Department.

What is important here is that inmates cannot apply for this program. This program is completely based on IDOC's choices and decisions. They determine who can be subject to this program and who cannot.

Do you have any questions based on what I have provided thus far?

Customer: replied 1 year ago.
He is in there for drugs. Do you think he has a good chance to get early release? no sexual crime and he has been in longer then 60 days and did not violate parole.
Customer: replied 1 year ago.
how can we go about trying to get him out sooner? Anything i can do?
Expert:  Legal-Kal replied 1 year ago.

Some drug crimes are sentenced under the Truth-in-Sentencing laws. Truth in sentencing means that the person is required to do a certain percentage of the sentence before he or she is eligible for release.

I have looked into the offense your boyfriend was convicted of. It is a Class X Manufacturing/Delivery of a Controlled Substance. Unfortunately, this indeed is an offense subject to the Truth-in-Sentencing law. What this means is that your boyfriend must serve at least 75% of his sentence before his is eligible for either parole or early release.

I am sorry to inform you of the bad news. However, as an attorney, I am duty-bound to inform individuals of the accurate and current status of the law. It is only that way I can truly assist individuals. Sometimes the news is not good based on the law and this is one of those times. I am sorry again.

Please let me know if you have any follow up questions. If so, please ask.

If not, please remember to click ACCEPT and rate my assistance positively (without regard to the current status of the law) so I may be credited for assisting you today. Thank you.

Customer: replied 1 year ago.
But didn't he get like 23 years at 50%?
Expert:  Legal-Kal replied 1 year ago.

You are correct. I am sorry, I thought I read that he was convicted of the offense within 1,000 feet of a school. I see now that it was regular Manufacturing/Delivery of a Controlled Substance.

You are correct. It is 50%. I apologize for the confusion on my end.

In that case, everything I said above (regarding the eligibility for early release does apply, which is good news!)

However, again, he cannot "apply" for the early release. This is something that IDOC determines. They usually want to keep inmates in for a good portion of their time before considering them. So if your boyfriend is doing at least 11 years (50% of 23), then he would probably have to be in for at least 8-9 years before he is even considered by IDOC. They want to make sure he behaves himself in custody, which is an eligibility requirement.

Customer: replied 1 year ago.
Thank You. He has done about 3 years already so if he does 5 more then he can be eligible? And if yes how can I go about it? Would there be a number i can call or website to go to?
Expert:  Legal-Kal replied 1 year ago.

There is no "hard" time limit for when someone is eligible, again, because it is completely up to IDOC and his behavior while in custody. So it may be possible that he can be released early, but at this juncture, it would be speculation. Pragmatically, he has better odds to be released early in around 5 years or so than anytime before then.

Customer: replied 1 year ago.
ok thank you very much. he will be happy to hear that. if i have any more questions can i ask you?
Customer: replied 1 year ago.
like another day? or is it another charge
Expert:  Legal-Kal replied 1 year ago.

Sure you can, I would be more than happy to help.

It depends on the type of question. JA rules a new question would be required if it brings up a different type of discussion. That would depend on the type of question asked. I may be able to answer the question at no charge, but would have to double check the substance of the question.

Please do not forget to click ACCEPT and rate my assistance positively so I can be credited for helping you today. Thanks!

Customer: replied 1 year ago.
thank you and my question will still be about him and his release.
Expert:  Legal-Kal replied 1 year ago.

Great.

Please let me know if you have any issues accepting and rating my assistance. This is the only way I can receive credit for helping you today.

Expert:  Legal-Kal replied 1 year ago.

Please remember to click ACCEPT if you are happy with my assistance. Otherwise I may not be able to assist you in the future. Thank you.

Expert:  Legal-Kal replied 1 year ago.

Any follow ups? I try to help people as best as possible and answer any and all questions. That is why it is important to click Accept. Otherwise, I will not be able to answer your follow up question if you have any in the future.

Expert:  Legal-Kal replied 1 year ago.

Please comply with the Terms of Service when you get the opportunity and ACCEPT and RATE my assistance if you have no other questions.

Expert:  Legal-Kal replied 1 year ago.

Please remember that experts here assist customers for a living and do not do this as a hobby. The only way experts can be compensated is when a client ACCEPTS an answer. If I have sufficiently assisted you, please accept and rate my assistance.

Expert:  Legal-Kal replied 1 year ago.

I will not be helping you anymore.

Expert:  Legal-Kal replied 1 year ago.

are