When Can Someone in Illinois Prison Get Out on Parole?

 Posted on October 15, 2024 in Criminal Defense

In Illinois, people use the term "parole" when they talk about options that allow someone to be released from jail or prison after serving a portion of their sentence. Technically, Illinois abolished parole for crimes committed after 1978, meaning that people convicted after this date are not eligible for traditional parole (although people convicted before 1978 may still qualify).

Instead, Illinois now uses a system called "mandatory supervised release" (MSR), which acts similarly to parole. If you have questions about eligibility or how Illinois laws apply to your case, consulting a knowledgeable Illinois criminal defense attorney is crucial.

What Is Mandatory Supervised Release in Illinois?

Mandatory supervised release (MSR) is very similar to parole, but it is automatically applied to almost all prison sentences. When someone is released from prison after completing their sentence, they are not fully free; instead, they must serve a designated period under MSR.

During this time, they are required to follow specific conditions, such as regularly reporting to a supervising officer, maintaining employment, and avoiding further criminal behavior.

MSR is mandatory for most crimes, and its length depends on the severity of the offense. For example, someone convicted of a Class X felony may have to serve as much as three years of MSR, while someone convicted of a lesser felony could serve one or two years. If someone violates the conditions of MSR, they can be sent back to prison to serve additional time.

Are There Crimes in Illinois That Are Not Eligible for Mandatory Supervised Release? 

Certain crimes are not eligible for mandatory supervised release (MSR). For people convicted of the most serious offenses, such as first-degree murder, aggravated criminal sexual assault, and predatory criminal sexual assault of a child, there are harsher sentencing guidelines that may eliminate the possibility of MSR or significantly extend the time under supervision. In these cases, someone may be required to serve their entire sentence in prison without the option of supervised release.

Additionally, for those convicted under habitual offender laws or certain repeat offenses, MSR may not be available at all, or convicts may face far stricter post-release conditions, such as electronic monitoring, house arrest or other restricted movement, and mandatory participation in rehabilitative programs. The exact terms of MSR will depend on the person and the crime.

Violating the conditions of MSR can send you right back to prison, so if you get out on MSR, it is important for you to work closely with your supervising officer and criminal defense attorney to make sure you understand and obey all the terms of release.

How Can I Increase My Chances of Getting Early MSR in Illinois?

Although mandatory supervised release (MSR) is typically required for most people sentenced to prison in Illinois, ensuring a smooth transition to MSR and avoiding delays depends on good behavior and rehabilitation efforts. You can increase your chances of getting MSR by demonstrating positive conduct while incarcerated. This could include doing things like: 

• Completing educational, vocational, or substance abuse programs
• Showing commitment to personal growth and rehabilitation
• Having a clean disciplinary record
• Showing remorse for the crime
• Creating a solid release plan, such as finding you will have stable housing and employment

Since MSR is mandatory for most offenses, the focus is on complying with prison programs and developing a strong reentry plan. Working with a criminal defense attorney to prepare for the transition to MSR can be helpful, especially in addressing any challenges that may arise during the release process.

What Conditions Does Mandatory Supervised Release Have in Illinois?

When someone is released from prison in Illinois under MSR, they must obey specific conditions, similar to parole. These conditions often include:

• Regularly reporting to a supervising officer
• Keeping a job 
• Not committing more crimes
• Attending counseling or rehabilitation programs
• Not using drugs or alcohol

In addition, certain people, such as those convicted of sexual offenses, may face more restrictive conditions like restrictions on where they can live or electronic GPS monitoring. Violating any of these conditions can result in a return to prison.

Contact a Kane County, IL Criminal Defense Attorney

Whether you or someone you love has questions about parole or MSR, having a knowledgeable lawyer on your side can make all the difference. Our experienced Aurora, IL criminal defense lawyer at The Law Office of Brian J. Mirandola was formerly an Assistant State's Attorney and understands how the criminal justice system in Illinois works. Call 847-488-0889 today to discuss your case, schedule a free consultation, and get the guidance you need for a successful outcome.