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Author Topic: Work Release and Class X  (Read 5334 times)
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Ericka
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« on: March 29, 2011, 06:28:14 PM »

Hello guys,

My LO is currently in Southwestern IL CC.  He is a Class X felon due to being in prison many times for non-violent crimes.  Inmates at Southwestern CC cannot be released in a work release program.

My question is....does class X felons qualify for a work release program?  He thinks he can apply for work release if he chooses to move to another prison, but because of the class X on his back; I don't think he qualifies.  Is there information that tells me exactly what the qualifications are for work release?

He is such a "dreamer" and thinks he knows everthing about the law.

Thanks for assisting me!
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Forevermah
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« Reply #1 on: March 29, 2011, 06:36:32 PM »

We have had this conversation before about work release and Class X and while some are denied, I think it all depends on  what the Class X crime was.

Here are somethings to look at, as far as who cannot be considered for work release.  He is going to have to talk to a counselor to be sure, they will be able to tell him more:

    No murder, class X, attempted murder, voluntary manslaughter, aggravated kidnapping, kidnapping, indecent liberties with a child or arson.

·         No documented involvement in organized crime activities.

·         No large scale narcotics trafficking.

·         No more than 2 years and no less than 2 months to release.

·         A grade.

·         Minimum security designation.

·         No warrants or detainers.

·         No acute medical or dental problems requiring resolution.

·         Positive assessment of risk and needs.

·         No escapes or attempts within the past 5 years.

·         No segregation placements 45 days prior to application for ATC.
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Forevermah
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« Reply #2 on: March 29, 2011, 06:40:55 PM »

Here is the actual administrative code for work release:


 

Committed persons who meet the following criteria may submit a request for consideration for placement in a community correctional center to designated program staff.

 

a)         To be considered for placement, the committed person must:

 

1)         Not be serving a sentence for murder, any Class X felony, attempted murder, voluntary manslaughter, aggravated kidnapping, kidnapping, indecent liberties with a child or arson.

 

2)         Not have any documented involvement in organized crime activities.

 

3)         Not have any documented large scale narcotics trafficking.

 

b)         For pre-release placement as a regular resident, the committed person must:

 

1)         Have no more than 2 years and no less than 2 months remaining prior to his release date.

 

2)         Be in "A" grade (20 Ill. Adm. Code 504.130).

 

3)         Have a designated security classification of minimum with supervision or minimum.

 

4)         Have no outstanding warrants or detainers against him.

 

5)         Have no acute medical or dental problems requiring resolution prior to a transfer.

 

6)         Receive a positive assessment of risk and needs.

 

7)         Have no incidents of escape or escape attempts within the last five years.

 

8)         Not have received disciplinary action resulting in confinement in segregation or loss of good time within the last 45 days prior to his application for pre-release placement.

 

c)         For placement as a permanent party resident, the committed person must:

 

1)         Be within 2½ years of his release date.

 

2)         Be in "A" grade.

 

3)         Be classified for minimum security.

 

4)         Have no outstanding warrants or detainers on file.

 

5)         Receive a positive assessment of risk and needs.

 

6)         Have documented skills for the work assignment requested.  An applicant for a work assignment as a cook must have a food handler's sanitation certificate.

http://www.ilga.gov/commission/jcar/admincode/020/020004550000300R.html
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Ericka
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« Reply #3 on: March 29, 2011, 06:47:35 PM »

Thanks Forevermah,

His background is possesion of stolen cars and possession of drugs steming from drug abuse....not trying to make an excuse for him.  I previously read the information which listed class X which is why I told him that he would not qualify, but he says that I am wrong.

Well, we will see what happens and I let him do the investigating, but wanted to get you guys thoughts.

Ericka
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bmonska
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« Reply #4 on: March 29, 2011, 07:43:10 PM »

Ericka, I've always just did a quick print of the info that I wanted to explain to my hubby (mainly MGT stuff) and he's found it helpful to see it on paper and he can read it a few times and wrap his head around it. It may not be the info he's hoping for but at least it's an answer that's correct.
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fromcolorado
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« Reply #5 on: March 29, 2011, 08:47:25 PM »

Applying for work release with a class X is at best a 50/50 chance. There are class x offenders in work release, but many get denied as well. With a class X, you will never be on the Springfield TR109 list, which is the list Springfield puts out at the beginning of every month of the people who are given applications for a transfer to an ATC, so you have to apply on your own. Springfield has 90 days to act on an application and they will take all of it for class X applications. Its worth a shot though. I recommend the inmate writes letters to Sandra Funk (transfer coorindinator) saying why he will make it work, and get as many people on the outside to write letters as well. Try everything you can.
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Eileen33us
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« Reply #6 on: March 29, 2011, 09:42:26 PM »

Mah...under letter c it says...placement as a permanent party resident, what does that mean?
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Forevermah
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« Reply #7 on: March 29, 2011, 09:44:41 PM »

Mah...under letter c it says...placement as a permanent party resident, what does that mean?

Read this:

http://www.illinoisprisontalk.org/index.php/topic,22828.msg178364.html#msg178364
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Do not value the "things" you have in your life - value "who" you have in your life....



“Instead of thinking about what you're missing, try thinking about what you have that everyone else is missing.”
Eileen33us
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« Reply #8 on: March 29, 2011, 09:48:58 PM »

ok, I was glad to see I wasn't the only one confused on that  wc26

I bet you guys (the admins) feel like teachers at times and we are the students. So glad you're here for us though, thank you!!!
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Ericka
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« Reply #9 on: March 30, 2011, 02:07:53 PM »

Thanks Bmonska....I posted this on another thread.
I really feel bad and I owe my loved one an apology. 

His PD told me that he is a class X felon and my LO has been telling me for months that he does not have a class X....I didn't believe him!  I called Southwestern today and they confirmed that he is not a class X felon and can be considered for work release if he was at another prison.

The counselor also stated that class x felons sometime do get work release as Springfield will give an exception to some class x felons depending on what the crime was.

Again, thanks for the all the information...now let me go find some "guts" to tell him he was right and I was wrong!!

Ericka
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Forevermah
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« Reply #10 on: March 30, 2011, 02:15:20 PM »

Ericka, does his IDOC page say X next to the Class ?
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Do not value the "things" you have in your life - value "who" you have in your life....



“Instead of thinking about what you're missing, try thinking about what you have that everyone else is missing.”
Ericka
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« Reply #11 on: March 30, 2011, 02:33:31 PM »

His class # does not have an "X" next to it.

A quick update. 

I just called Springfield and they gave me some enlightening information.  The lady that I spoke to (transfer department) confirmed that he is not a class X.  Also, she confirmed that class X inmates are eligible for work release, again, it depends on their charges.

For those who have inmates at Southwestern CC...
Even though inmates "cannot" go to a work release from SWCC, the lady told me that SWCC inmates will need to request that they are sent to a work release program and "only if" the counselor says that he is ready and is a good fit for work release; the counselor will need to submit paperwork to Springfield recommending that the inmate is transferred to work release.

My guy is not eligible for work release until October 2011..he is still over the limit of # of days in IDOC.  I hope this information helps and if you are in doubt, give Springfield a call.  The lady was very nice and pleasant...maybe it was just my lucky day to speak with someone who was pleasant.

Ericka
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Dazzler
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« Reply #12 on: March 30, 2011, 05:32:20 PM »

This has always been a little confusing.  There's a member here whose LO had a class X felong for delivery of drugs and he went to a work release center....so that X rule isn't hard and fast.....
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mc2488
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« Reply #13 on: August 22, 2013, 10:35:46 AM »

A friend of mine was charged with a super x felony 9_40 years but was dropped to a class x and got 6 years. The charge at first was a delivery of 270  grams. Which falls into the super x felony. But the dropped to a class x, do you think the original charge would be classified or be able to be looked at to Debbie him for work release because it may be considered a documented large scale narcotics trafficking?
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mc2488
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« Reply #14 on: August 22, 2013, 10:43:31 AM »

A friend of mine was charged with a super x felony 9_40 years but was dropped to a class x and got 6 years. The charge at first was a delivery of 270  grams. Which falls into the super x felony. But the dropped to a class x, do you think the original charge would be classified or be able to be looked at to denie him for work release because it may be considered a documented large scale narcotics trafficking?
he was also on probation for a class one that was dropped from a super x. But they ran concurrent so its only one sentence of six years. Because there is two offenses of the same kind is that another reason to possibly get denied?
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Forevermah
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« Reply #15 on: August 22, 2013, 10:44:38 AM »

A friend of mine was charged with a super x felony 9_40 years but was dropped to a class x and got 6 years. The charge at first was a delivery of 270  grams. Which falls into the super x felony. But the dropped to a class x, do you think the original charge would be classified or be able to be looked at to Debbie him for work release because it may be considered a documented large scale narcotics trafficking?

Welcome to IPT!

He would not even be eligible for work release until he is approximately 26 months short on his sentence.  He would have to apply at that time and see if he qualifies.  Most Class X convictions are NOT eligible for work release, so right now, I don't think there is an answer that anyone can give you, that you want to hear.

Also, there are hundreds of inmates that apply for work release and only a handful are granted to go,  they just shut down a couple ATC's which makes it even harder for them to get in.



I am copying this again here:


Here are somethings to look at, as far as who cannot be considered for work release.  He is going to have to talk to a counselor to be sure, they will be able to tell him more:

    No murder, class X, attempted murder, voluntary manslaughter, aggravated kidnapping, kidnapping, indecent liberties with a child or arson.

·         No documented involvement in organized crime activities.

·         No large scale narcotics trafficking.

·         No more than 2 years and no less than 2 months to release.

·         A grade.

·         Minimum security designation.

·         No warrants or detainers.

·         No acute medical or dental problems requiring resolution.

·         Positive assessment of risk and needs.

·         No escapes or attempts within the past 5 years.

·         No segregation placements 45 days prior to application for ATC.

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Do not value the "things" you have in your life - value "who" you have in your life....



“Instead of thinking about what you're missing, try thinking about what you have that everyone else is missing.”
mc2488
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« Reply #16 on: August 22, 2013, 11:22:16 AM »

I see that is says you can't be on work release no more than 2 years and no less then 2 months. Why do you say 26 months? Which is true? I've heard of somebody getting work release on a class x felony for drug delivery. So i am hoping and praying it will work for him. He wouldn't be applying for another year or more, so hopefully more atc's won't shut  down. I will have as many letters i can sent to springfield and try to help in every way. Somebody said in earlier post to send as many letters to some women or administrator in springfield
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mc2488
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« Reply #17 on: August 22, 2013, 11:24:11 AM »

Sorry not administrator, transfer coordinator.
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Forevermah
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« Reply #18 on: August 22, 2013, 11:27:34 AM »

I see that is says you can't be on work release no more than 2 years and no less then 2 months. Why do you say 26 months? Which is true? I've heard of somebody getting work release on a class x felony for drug delivery. So i am hoping and praying it will work for him. He wouldn't be applying for another year or more, so hopefully more atc's won't shut  down. I will have as many letters i can sent to springfield and try to help in every way. Somebody said in earlier post to send as many letters to some women or administrator in springfield

He can apply at 26 months, but he would not be eligible to go to work release, IF eligible, till he was 2 years short and he would not be granted to go to an ATC if he only had 2 months to go.  Some guys apply, are denied and have to wait another six months to apply again.

The transfer coordinator does not approve inmates for work release.

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Do not value the "things" you have in your life - value "who" you have in your life....



“Instead of thinking about what you're missing, try thinking about what you have that everyone else is missing.”
mc2488
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« Reply #19 on: August 22, 2013, 11:53:47 AM »

Thank you for all your help!
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