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Author Topic: Public Act 099-0938  (Read 481 times)

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Offline lvanrs2

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Public Act 099-0938
« on: June 19, 2018, 03:11:12 AM »
As we all know the prison have stopped handing out Earned Sentence Credit until IDOC finishes implementing the new program. I, along with a few others, are trying to get in touch with someone to explain what the hold up is since the original proposal was signed last August and a revised edition was signed in January 2018.  We have called IDOC in Springfield many times and all they would say is it would take about 5-6 months.  That time is passing by quickly and with the new budget that was signed and the massive cut to IDOC,  we are hoping this will be done soon.  I have reached out to JHA to see if they have any information they can forward to us since IDOC apparently has no timeframe for this.  A few of us have also tried to contact our state representatives and they seem to not really care as they are just "inmates".  I will post information as soon as I can get it.

http://www.ilga.gov/legislation/publicacts/99/099-0938.htm

https://www2.illinois.gov/idoc/Offender/Pages/CommunityNotificationofInmateEarlyRelease.aspx
There is no action better at creating insanity in a person than trying to control something you have no control over.

Only do whatever you are willing to pay the consequences for.

Offline lvanrs2

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Re: Public Act 099-0938
« Reply #1 on: June 19, 2018, 01:38:42 PM »

This is what JHA sent me.

Good afternoon,

 

EDSC: the most current information on discretionary sentence credits (up to six months that can be awarded at discretion of Director—formerly referred to as SSC) we have is as follows:

 

IDOC administrators have stated that EDSC is “on pause,” meaning that IDOC is not awarding EDSC to anyone at this time and has not been awarding EDSC since the beginning of the year.


 

IDOC has not yet submitted proposed rule changes for the subpart of DR 107 governing EDSC. This is not why EDSC is on pause though.



IDOC administrators have not declared an exact date or time frame when IDOC will begin awarding EDSC again. Based on what we have heard from them, however, it is likely that EDSC will remain on pause until the end of the calendar year at the earliest.

 

This is coming from Springfield. Facility level staff have nothing to do with EDSC being on pause and cannot veto decisions made by upper level management of IDOC.

 Programing credits are not on pause. Inmates that are eligible to receive credit for successfully completing programming (contract good time) are receiving this credit.
There is no action better at creating insanity in a person than trying to control something you have no control over.

Only do whatever you are willing to pay the consequences for.

Offline Father

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Re: Public Act 099-0938
« Reply #2 on: June 22, 2018, 07:13:46 PM »
Thanks

Our son said he heard they have stopped SSC due to the implementation of a software  system that will award and track  SSC automatically.  Don't know for sure, but that is what he was told by his counselor.

Offline lvanrs2

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Re: Public Act 099-0938
« Reply #3 on: June 23, 2018, 04:15:41 AM »
At this point I have stopped listening to the counselors because each prison counselor has a different answer.  That's why I reached out to JHA to see if I could get more specific information.
There is no action better at creating insanity in a person than trying to control something you have no control over.

Only do whatever you are willing to pay the consequences for.

Offline hgarcia14

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Re: Public Act 099-0938
« Reply #4 on: September 30, 2018, 01:05:22 PM »
Hello,

I have a l/o at Dixon CC, he stated they were told this was on hold until Nov 1st by some of the C/O's there, but he knows nothing else and no one really knows what is going to happen, when or who will get the opportunity to get this credit.  Does anyone have any new info regarding this? , I was going to reach out to Springfield or JHA.
Can someone please give me a tel number or at least the proper dept. to contact.  Its very difficult to get a hold of people at times.   Any help is truly appreciated!

Thank you,

Offline robin in ohio

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Re: Public Act 099-0938
« Reply #5 on: September 30, 2018, 04:19:19 PM »
This is what JH posted about it as of September 19
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September 19, 2018: IDOC Must Promulgate Proposed Administrative Rules for Earned Discretionary Sentencing Credit Without Further Delay
Uncertainty breeds stress and discontent. This is especially true for prisoners who do not know when they will be exiting prison doors, which is the primary concern of most. Additionally, uncertainty about when prisoners will be leaving prison makes planning for reentry unnecessarily more difficult for prisoners, their families, and the Illinois Department of Corrections (IDOC).

In 2012, the Illinois legislature gave IDOC broad discretion to award eligible prisoners who demonstrated good behavior up to 180 days of “supplemental sentence credit” (SSC) towards their early release.[1] From the beginning, uncertainty enveloped this initiative, as not only were relatively few prisoners released from IDOC awarded this credit, but no information was provided as to why individuals did or did not receive an SSC award. This law was effective January 1, 2013. In the exercise of Departmental discretion and under its rulemaking authority, IDOC promulgated an Administrative Rule effective February 1, 2013, which set out various internal factors that the agency would consider, in addition to the statutorily proscribed factors, in determining whether to award SSC, such as a prisoner’s performance and achievements in work assignments, education and programming while in IDOC custody.[2] Under this Rule, IDOC broadened the class of prisoners who were considered per se ineligible for SSC beyond those delineated in the statute, providing, for example, that any prisoner who had been found guilty of a 100-level disciplinary offense in IDOC custody or who was returned to IDOC custody for a parole violation would be automatically ineligible for SSC. The outcome of IDOC’s 2013 implementation of SSC was that very few prisoners received any days of SSC.

Illinois’ lawmakers revisited the issue of discretionary sentencing credits in 2017 and a new law that went into effect in January of 2018 modified the previous statute governing this credit, now referred to by IDOC as Earned Discretionary Sentencing Credit (EDSC).[3] In so doing, Illinois’ Governor and lawmakers made clear that purpose of the new law was to expand, rather than restrict, the use of discretionary sentencing credit so that, in Governor Rauner’s words, “[m]ore inmates [have] the opportunity to strive to return sooner to a productive life…”[4] The new law again gives IDOC the discretion to award up to 180 days sentencing credit to eligible prisoners who exhibit good behavior. Under the new law, lawmakers intended that more categories of prisoners be eligible for sentencing credits than under the prior law. The new law makes clear that the list of statutory factors to be considered in awarding EDSC is not exhaustive and it remains in IDOC’s discretion to decide the weight factors should be given.

In short, the new law again leaves it in the hands of IDOC to use its rulemaking authority to promulgate standards and guidelines for the exercise of its discretion to implement the awarding of EDSC—understanding that the underlying legislative intent and purpose of the new law was to expand the use of discretionary sentencing credit. Where the legislature delegates substantial discretion to an agency in implementing a law, as this new law does, it is up to the agency to establish rules stating precisely and clearly the standards under which it will exercise its discretionary power to fully inform those persons who will be affected.[5] As it stands, however, nine months after the new law became effective, IDOC has yet to issue a single rule or standard setting forth how it will exercise its discretion to award EDSC. In comparison, after the law allowing IDOC to award eligible prisoners up to six months of sentencing credit for exhibiting good behavior became effective in 2013, IDOC had Administrative Rules for sentencing credits in place less than two months after the day the law went into effect. Frustrating the new law’s intent, IDOC has not taken any action to implement EDSC and award discretionary credit to deserving prisoners.

IDOC’s inaction and silence on the implementation of EDSC has generated mass confusion and discord among prisoners who are affected by and could benefit from the new law. Most stakeholders remain uninformed as to how and when IDOC plans to put it into effect and to exercise its discretionary power under the new law. IDOC’s unwillingness to establish administrative rules and processes to implement the new law is a derogation of its duty and has created an untenable situation.[6]

Consistent with the intent of the Legislature, it is critical that IDOC propose administrative rule changes to implement Earned Discretionary Sentencing Credits without further delay, clarify for prisoners and the public the Department’s internal process for determining which prisoners are eligible to be considered for and granted EDSC, and immediately begin the process of granting EDSC to prisoners who are deserving of it.

Any reduction of IDOC’s population resulting from the Department’s increased utilization of earned sentencing credits will allow for better use of limited resources, which is exactly the end the Legislature and Governor sought to achieve when the law governing sentencing credits was changed in 2017. It is within IDOC’s discretion and power to determine the standards and process for implementation, award EDSC, and make all of the relevant information available to the public and prisoners. In accordance with the law, this should be done immediately.

For more information please contact:
Jennifer Vollen-Katz, Executive Director, John Howard Association
312-291-9555, jvollen@thejha.org, www.thejha.org

http://www.thejha.org/statement091918