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NCJ Number: 63528 Find in a Library
Title: DISCRETION, DETERMINATE SENTENCING AND THE ILLINOIS PRISONER REVIEW BOARD - A SHOTGUN WEDDING
Author(s): P BIGMAN
Corporate Author: Chicago Law Enforcement Study Group
United States of America
Date Published: 1979
Page Count: 70
Sponsoring Agency: Chicago Law Enforcement Study Group
Chicago, IL 60602
Sale Source: Chicago Law Enforcement Study Group
109 North Dearborn Street
Suite 303
Chicago, IL 60602
United States of America
Language: English
Country: United States of America
Annotation: THE REPORT EXAMINES THE RESPONSIBILITIES OF THE ILLINOIS PRISONER REVIEW BOARD AND DISCUSSES EXECUTIVE CLEMENCY, ADULT PAROLE RELEASE, MANDATORY SUPERVISED RELEASE, PAROLE REVOCATION, AND OTHER ISSUES.
Abstract: THE ILLINOIS PRISONER REVIEW BOARD REPLACED THE ILLINOIS PAROLE AND PARDON BOARD WHEN ILLINOIS INSTITUTED DETERMINATE SENTENCING AND ABOLISHED PAROLE RELEASE IN 1978. AN INDEPENDENT STATE AGENCY, THE PRISONER REVIEW BOARD IS APPOINTED BY THE GOVERNOR WITH THE CONSENT OF THE STATE SENATE. BOARD MEMBERS, WHO SERVE FOR A 6-YEAR PERIOD, MUST HAVE AT LEAST 5 YEARS OF APPROPRIATE EXPERIENCE. THE BOARD HAS SEVERAL FUNCTIONS, INCLUDING AN INVESTIGATORY AND ADVISORY ROLE IN CLEMENCY PROCEEDINGS. IT ALSO HAS TWO MAJOR FUNCTIONS CONNECTED WITH PLACING PRISONERS ON MANDATORY SUPERVISED RELEASE: (1) PRISONERS SENTENCED TO AN INDETERMINATE SENTENCE CARRYING A MINIMUM TERM OF LESS THAN 20 YEARS UNDER THE OLD LAW ARE OFFERED THE OPTION OF ACCEPTING A DETERMINATE SENTENCE WITH A SET RELEASE DATE AND (2) THE BOARD SETS THE CONDITIONS OF MANDATORY SUPERVISED RELEASE. THE ABOLITION OF DISCRETIONARY PAROLE IS PREMISED ON A BELIEF THAT THE LENGTH OF A PRISONER'S INCARCERATION SHOULD BE BASED UPON THE NATURE OF THE OFFENSE COMMITTED AND SUBSEQUENT INSTITUTIONAL BEHAVIOR, AND NOT UPON A JUDGMENT THAT THE INDIVIDUAL IS 'READY' FOR RELEASE. RELEASE IS SEEN AS AN EARNED RIGHT RATHER THAN A GRANTED PRIVILEGE. MANDATORY SUPERVISED RELEASE IS ESSENTIALLY PAROLE SUPERVISION WITHOUT PAROLE RELEASE AND REPRESENTS AN ABRIDGMENT OF THE ORIGINAL INTENT OF DETERMINATE SENTENCING. PAROLE REVOCATION HEARINGS MAY RESULT FROM COMMISSION BY A PAROLEE OF EITHER A NEW CRIMINAL OFFENSE OR A TECHNICAL VIOLATION OF THE TERMS OF PAROLE. IN CASES INVOLVING A NEW OFFENSE, PAROLE IS ALMOST ALWAYS REVOKED, WHEREAS THE REVOCATION RATE FOR TECHNICAL VIOLATORS IS SUBSTANTIALLY LOWER (ABOUT 71 PERCENT). RECOMMENDATIONS FOR BOTH LONG-TERM AND INTERIM REFORMS ARE ENUMERATED FOR THE FOLLOWING AREAS: REVOCATION OF GOOD CONDUCT CREDITS AND GOOD TIME, MANDATORY SUPERVISED RELEASE AND DISCRETIONARY PAROLE RELEASE, INFORMATION FOR PRISONERS, STRUCTURE OF THE PRISONER REVIEW BOARD, AND THE FUTURE OF THE PRISONER REVIEW BOARD. CHARTS, FOOTNOTES, AND FIVE APPENDIXES (HISTORICAL PERSPECTIVE, BASIS FOR DENYING PAROLE, MEMORANDUM, CONDITIONS OF PAROLE OR MANDATORY SUPERVISED RELEASE, AND MEANS OF EFFECTING RECOMMENDATIONS) ARE PROVIDED.
Index Term(s): Determinate Sentencing; Executive clemency; Good time allowance; Illinois; Offenders; Parole; Parole conditions; Parole hearing; Parole violations; Probation; Probation conditions; Probation hearing; Probation violations; Revocation
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=63528

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