Criminal Law Questions? Ask a Criminal Lawyer.
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.
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?
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.
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:
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?
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.
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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.
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.
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.
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