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What is parole?

Parole is when someone who is in prison gets out before their sentence is finished. While on parole, the person has to follow strict rules and be supervised.

What type of parole does Illinois use?

Illinois used to have discretionary parole. This meant that after serving their minimum time, people in prison could be considered for early release by a parole board. The board decided if someone could get out early. Back then, people had indeterminate sentences, which were a range of time, like 3 to 7 years. They had to serve at least the minimum time, such as 3 years, before they could be considered for parole.

In 1978, Illinois stopped using discretionary parole. It started a new system called mandatory supervised release (MSR). Under MSR, people who got out of prison must be watched closely. They are released only after they have served their entire sentence. While on MSR, they have to follow certain rules, and if they break those rules, they can go back to prison. MSR is also often called parole.

Now, people get determinate prison sentences. This means their time in prison is for a set number of months or years. For example, if someone is sentenced to 30 months in prison, that's a determinate sentence. After they finish their time in prison, they will have to be on MSR.

Can people get early release from prison in Illinois?

Yes, some people can get early release from prison in Illinois by earning sentence credit. Credit reduces the amount of time people with determinate sentences have to stay in prison. Incarcerated people can earn three kinds of credit:

• Statutory sentence credit,
• Program sentence credit, and
• Earned sentence credit.

More information about sentence credit can be found in 730 ILCS 5/3-6-3 and 20 IAC 107(B)-(C),(F).

Statutory sentence credit

Statutory sentence credit is the percentage of a prison sentence that the law says a person must serve before they can be released. For example, if a law says someone has to serve at least 50% of their 30-month sentence, that means they need to stay in prison for 15 months before they can get out. The 15 months they don't have to serve is called statutory sentence credit. If the law says they have to serve 85% of their sentences, which is 25.5 months, then the 15% they don't have to serve is also statutory sentence credit.

Program sentence credit

Program sentence credit is credit earned for participating in or completing programs in prison, like:

• Educational programs,
• Work assignments,
• Life skills courses, and
• Drug treatment programs.

Starting January 1, 2024, a new law will change how IDOC calculates some people's program sentence credit. IDOC will use the new rules for programs that happened before July 1, 2021. Since more types of programs could earn credit after July 1, 2021, some people might get more program sentence credit because of this change.

There is a limit to how many days people can earn off of their sentences with program sentence credit. Also, some people may not qualify for program credits because of their offenses. More information on program sentence credit is in 730 ILCS 5/3-6-3(a)(4)-(4.6) and 20 IAC 107F.

Earned sentence credit

Earned sentence credit is credit earned for good behavior and is discretionary (it is sometimes called earned discretionary sentence credit). To receive earned sentence credit, incarcerated people must:

• Be eligible under the law for earned sentence credit,
• Serve at least 60 days of their sentence, and
• Receive a risk and needs assessment.

Beginning January 1, 2024, a new law will make time served in a county jail count toward the 60 days-served eligibility requirement.

People in prison are not eligible by law to receive earned sentence credit if they:

• Were sentenced for first-degree murder,
• Were sentenced for terrorism,
• Were sentenced to prison for the rest of their lives,
• Are required to serve 100% of their sentences,
• Have received a 100-level disciplinary offense in IDOC during the 12 months before an earned sentence credit decision,
• Have a pending criminal charge or have been found guilty of a crime committed while in IDOC custody.

For people who are eligible for earned sentence credit, decisions to award credits are based on factors including, but not limited to:

• Results of any risk/needs assessment or other relevant assessments or evaluations administered by the Department using a validated instrument,
• The circumstances of the crime,
• Any history of conviction for a forcible felony,
• The behavior and disciplinary history of the incarcerated person during their time in custody,
• The individual’s commitment to rehabilitation, including participation in programs offered by the Department,
• If recommended by a court, must have completed substance use disorder treatment or been waived from the requirement by the Department, and
• If applicable, must have completed mandatory treatment for people convicted of sex offenses, or this requirement must be waived by the Department.

More information on earned sentence credit is in IDOC’s fact sheet, 20 IAC 107.210 and 730 ILCS 5/3-6-3(a)(3)

People can lose sentencing credits for bad behavior in prison. More information about losing sentence credit is in 730 ILCS 5/3-6-3(c) and 20 IAC 107.150.

Medical Release

People with certain medical problems can be released early from prison. To get medical release, an incarcerated person must have:

• A condition that will prevent them from performing more than one basic self-care task without help in the next 6 months,
• A current condition that prevents them from performing more than one basic self-care task without help, or
• A medical condition that has no cure and will likely cause death in the next 18 months.

Learn how to apply for medical release on the Illinois Prisoner Review Board's website and 730 ILCS 5/3-3-14.

What is the Illinois Prisoner Review Board (PRB) and what does it do?

The Illinois Prisoner Review Board (PRB) is an agency that has authority to:

• Decide if incarcerated people who were sentenced before 1978, also called “C-numbers,” can get parole**,
• Decide if people incarcerated for crimes they committed as youth, who were sentenced in 2019 or later, can get parole*.
• Set MSR or parole conditions for everyone released from Illinois prisons,
• Approves IDOC’s revocations of good conduct credits over 30 days and restores good conduct credits on IDOC’s recommendation,
• Decide if people serving MSR terms/on parole violated their parole conditions and whether to revoke parole,
• Give out Certificates of Relief from Disabilities and Certificates of Good Conduct
• Decides whether people in prison qualify for medical release and,
• Makes recommendations to the Governor of Illinois about whether to grant executive clemency, including pardons.

Please note that people in prison may be eligible for youthful parole if:

• They were under the age of 21 when they committed a crime, and
• They were sentenced after June 1, 2019.

**Note: The PRB does not decide when people determinately sentenced after 1978 get released. Their release date is based on what the law requires for their sentence. The date is calculated by IDOC.

Although discretionary parole ended in 1978, Illinois allows prisoners called “C-numbers” to come before the PRB to request parole every 1 to 5 years. There are fewer than 40 C-numbers in Illinois. C-numbers are people who:

• Were convicted for a crime before parole reforms in 1978,
• Received an indeterminate sentence, and
• Served the minimum time of their prison sentence.

What is the PRB parole process for C-numbers?

The PRB considers a C-number’s parole 30 days before they become eligible for parole. They will be told when they are eligible. It is highly recommended that people get an attorney to help guide them through the following parole process:

• C-numbers will be interviewed at the prison by at least one PRB member. Their attorney and any witnesses may also attend and help present a case for parole.
  • People should send the names, addresses, and telephone numbers of the witnesses to the PRB at least 30 days before the interview.
  • The petitioner’s background, including childhood and schooling,
  • The crime,
  • Prior behavioral problems,
  • Character and support letters,
  • Proof of accomplishments in prison, such as degrees or completed programs,
  • A statement expressing regret for committing the crime,
  • Post-release job offers,
  • Post-release housing plans,
  • Medical conditions, and
  • Any helpful facts to support granting parole, including facts about incarceration, the criminal justice system, and recidivism.
  • The PRB considers some of the following factors when voting:
    • The person’s prior convictions,
    • The crime,
    • Good and bad behavior while in custody,
    • Statements made by the victim and the victim’s family, and
    • Post-release plans.
    • If the PRB votes to grant parole, they will set the parole conditions and a release date.
    • If parole is denied, the person will continue their sentence in prison. The PRB will also schedule the next parole hearing for a date within the next 1–5 years.
      • C-Numbers who do not get parole before their maximum release date will get parole after reaching their release date.

      Learn more about parole at the PRB’s website, or call them at (217) 782-7273.

      What are some resources available for people on MSR or parole?

      Learn about re-entry resources for incarcerated people and those formerly in prison on ILAO. These resources can help people on parole find services such as:

      • Identification services,
      • Mental health and substance abuse treatment,
      • Job programs,
      • Food assistance, and
      • Housing services.

      Conditions of parole or MSR

      No matter how people get parole or MSR, they have to follow certain rules after leaving prison. If they break these rules, they might have to go back to prison. When they are out on parole or MSR, they are still under IDOC's supervision until they are fully released.

      The PRB decides each person’s parole and MSR conditions, but some conditions are set by law and apply to every person on parole or MSR. For example, people on parole:

      • Must not commit any crimes,
      • Must not possess a firearm, narcotics, and other prohibited items,
      • Must report to a parole agent,
      • Must allow the parole agent to visit you at your home, job, or anywhere else to perform their duties,
      • Must live in appropriate housing determined by IDOC,
      • Must get permission before visiting or writing to someone in IDOC custody,
      • Must get permission before leaving Illinois,
      • Must get permission before changing your residence or job,
      • Must submit to a urine or blood test,
      • Must not interact with persons who are members of an organized gang, and
      • Must obey any other conditions made by the PRB.

      Some types of offenses have additional conditions of parole by law. People on parole who are convicted of a sex offense may be required to obey other conditions, depending on the offense, such as:

      • Successfully completing sex offender treatment,
      • Wearing an electronic monitoring device,
      • Allowing unannounced searches and examinations of your devices with internet access, or
      • Not visiting or being near parks, schools, daycares, swimming pools, beaches, theaters, and any other place where minors gather.

      The parole or MSR conditions applying specifically to people with sex offense convictions are in 730 ILCS 5/3-7(b-1).

      People who are convicted of a hate crime may be required to obey other conditions while on parole, such as:

      • Performing at least 200 hours of public or community service,
      • Enrolling in an anti-hate crime educational program, or
      • Being evaluated before release using a risk assessment.

      Before someone is released from prison, they will get a list of the rules for their parole or MSR. They will also need to sign this list of rules before they leave prison. Both the person and their parole officer will keep a copy of these signed rules. After a hearing, the PRB might change or add new rules for parole. IDOC will also let people know about services they can use after they are released and help them find these services if they want.

      A complete list of parole conditions is in 730 ILCS 5/3-3-7.

      Starting January 1, 2024, IDOC will commit to better transparency and communication when notifying people on parole of parole conditions. The amended law will:

      • Only require parolees to submit to a drug test if suspicion of drug use arises,
      • Remove some parole requirements for minors,
      • Allow virtual reporting to parole agents, and
      • Reduce the period of parole or MSR by 90 days upon completion of an educational or vocational program.

      While the PRB does not set the length of parole, it can make early discharge decisions. The law sets the length of MSR terms based on offense (730 ILCS,5/5-8-1), and C-numbers’ parole terms are set by their original sentences, but the PRB can discharge people early. Early discharge by the PRB is conditioned on a favorable recommendation from IDOC’s Office of Parole Services, according to IDOC regulations (20 IAC 1610.130(4)). More information on the length of parole or MSR is in 730 ILCS 5/3-3-8.