IL: Prisons still keeping people locked up after their release dates
After serving 10 years in prison for criminal sexual assault, Marcus Barnes was counting down the days until his release date on Dec. 17, 2018.
But when his release date finally arrived, he was told that the Chicago apartment he was planning on moving to was too close to a home day care facility. It would be a violation of housing restrictions imposed on him as a person on the sex offender registry, and, therefore, he would remain in prison.
Barnes’ family scrambled to find alternatives. They say they found 11 different housing options for him, only to have each of them rejected by the Illinois Department of Corrections (IDOC). And so, 16 months after his original release date, he was still at Graham Correctional Center when a guard there tested positive for COVID-19.
Now, a coalition of 45 local and national criminal justice reform organizations, led by the Chicago 400 Alliance, is calling on Gov. JB Pritzker to ease conviction-based housing restrictions for the duration of the pandemic. The move would allow people who have completed their sentences to finally leave prison.
He should get an out off state address. The State cannot keep him and obligate his registration be mandatory in Illinois. If he gets an out off state address it will be up to the other state or location to register him.
Many have probation to serve in IL
“Many have probation to serve in IL.” Good point. But another point is that any sentence of imprisonment, fine, or probation that exceeds the statutory maximum punishment is a de facto 8th Amendment violation. So, each case is different.
He can move his probation to another State or US Territory as long as he has an address at the other State or Territory, and the Probation Department can verify the address is true.
I did it.
And if released on probation or parole, he would have to go through ICAOS. Most states only joined in order to get rid of their own probationers and put no thought into having to accept them from other states. Specifically to registrants, they usually invent housing restrictions or a myriad of other requirements in order to refuse an out-of-stater. Pretty easy for them to do.
Does the time he spends incarcerated beyond his release date count toward his probation?
Ed C, that is something I wonder too. My bet is, the state counts any overlap of time as two separate things. But say someone is given a sentence of 6 years in prison to be followed by lifetime probation but the statutory maximum punish is ten years. If a defendant serves his 6 years plus four years probation, then he has fulfilled the statutory maximum punishment.
Being in LE custody, regardless of reason, counts toward time spent on probation. By most state statutes, only when a probationer absconds is the time not counted toward the probation period. That period (which ends the day he is arrested for absconding) would be added to the end of the original sentence.
Unfortunately, a lot of dirty DAs (assisted by equally dirty or indifferent courts) find ways to circumvent that. Seen it happen more times than I can remember.
In the federal system, a defendant’s time incarcerated “regardless of reason” does not always count towards probationary time. See Mont v. US 139 S.Ct. 1826 (2019).
So the executive branch of the state of Illinois is extending the punishment period allowed by the court? A sentence is an authorization by the judicial allowing the executive to punish someone. The executive can shorten the sentence, e.g. good time, but how can it be allowed to extend it?
There must be a constitutional violation in there somewhere.
This isn’t new – Illinois has had this issue for years. There’s a registrant out there whose sentence expired years ago whose story would probably make the point better.
With luck, maybe it’ll make its way through the court system again with a more sensible outcome. Not holding my breath though.
Does anyone know whether the Florida legislature has one— even one— member with as much sense as Rep McDermed in Illinois?
Senator Brandes is my pick. He believes in best practices and using evidence-based facts.
He had a virtual Town Hall meeting yesterday, but unfortunately it was on Facebook. He describes Florida as being one of the worst states as far as our criminal justice system goes — named so many things that need to be changed. He appears to be a fighter.
That confirms my impression of him. Someone who gets it. I hope he retains his chairmanship for a long time.
Now, a coalition of 45 local and national criminal justice reform organizations, led by the Chicago 400 Alliance, is calling on Gov. JB Pritzker to ease conviction-based housing restrictions for the duration of the pandemic.
Uhhh, no! Ease these damn restrictions PERIOD. I’ll keep saying it until an attorney says it; Prior to the SOR, there were no such restrictions for anyone with a sex offense when they were released from prison. They were released and went on probation and then on with their lives like anyone else with any other crime. If we didn’t need residency restrictions BEFORE the registry, we don’t need them now.
It should be a crime that ANYONE in this country is held in prison AFTER their release date and the family should probably be spending more time finding an attorney with balls to fight it.
I hate to recommend that people tell little white lies but you can pretty much post anything (outside of a sex offense) on GoFundMe for an attorney.
I’m off the registry but I’m still twisted about the idea of people in a first world country being treated like this. There’s another point a GOOD attorney can make in a lawsuit; THIS IS A FIRST WORLD COUNTRY! What the hell are we thinking with these damn restrictions???!!!!
It’s a different state but the restrictions are so ridiculous. We have talked about moving to Indiana. But doing a Google search only shows lawyers mostly giving brief overview and soliciting. Which is fine, but not what I want. IF there is going to be a registry it should be uniform and fair. Evidence showed it is a waste but it is here and I can’t put my family in a worse situation moving than we are now. I’m hopeful that the case going on here is successful. I just can’t depend on anything until it is done.
Conviction Registry Rules Cause Racial Disparity:
https://www.wglt.org/post/report-conviction-registry-rules-cause-racial-disparity
(Note reporter’s proper use of the term “registrant”).
According to an article in The Appeal a couple of years ago, African American males are on the registry at a rate that is twice as high as the rate for white males, when taken per capita.
I just looked at Georgia’s Registry Hit List and 45.5% of the listed people are listed as “BLACK”. That is way above the percentage in the population.
But of course people of color are impacted by the Hit Lists a lot more. The Hit Lists are part of big government’s incarceration business. Big government has their favorite customers that they love to harass and imprison. So, of course.
Illinois has restrictions not only from living near schools and playgrounds but also daycare centers including home day care centers that have been closed for over 10 years that are 494 feet away, 6 feet two close! In fact, if anyone ever ran a daycare out of their home, that address is forever listed as a daycare center and you can’t live within 500 feet! Probation officers won’t let a RSO live at address where drug activity occurred, even if that person who lived there died from a drug overdose and you would be living there instead! If you know of a RSO in an IL prison looking for an address to parole to, I may be able to assist. Just get in touch with http://www.koinoniahouse.org and let someone there know you would like Roger to help find housing for this person.
Roger,
Good for looking out for other RSO’ S this community needs a lot more people like yourself with helpful info on what to do when your in trouble
Yea, if they have not helped us up to now i would not hold my breath for them to do anything in the future. The one option he does have is to move somewhere where they do not have such restrictions even if it means another state. We cannot rely on anyone doing anything so we have to do for ourselves. there are many states that have no living restrictions or they are minimal. All he has to do if find such a state as them if they will accept him and if they agree he can be released. Why would you want to stay where you are obviously not wanted anyway. Its better than staying in prison