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Illinois Parole, Probation, Work Release & Community Service All information & questions relating to parole, probation or release in Illinois should be posted here.

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  #1  
Old 11-14-2014, 01:36 AM
jessica83brown jessica83brown is offline
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Exclamation Can husband parole home if went to prison on dv charges?

Last year my husband got arrested for domestic battery. He got out of jail, enrolled in out patient alcohol abuse counseling because he was an alcoholic (hes been 100% sober for a year now) and he enrolled himself in domestic abuse counseling. He went for a year until his cases he was fighting were coming to an end and they took him back into custody. Hes back in county waiting to go to prison. He was home for a year and himself and our marriage changes so much. Now hes about to go to prison and I heard illinois has a law that he will have 4 year parole, can't parole home to me or have any contact with me for the 4 years hes on parole. We have small children and this is going to tear our family apart. Is there any way around this??? If its true???
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Old 11-14-2014, 05:32 AM
CenTexLyn CenTexLyn is offline
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Few agencies will allow someone to be released to the residence of their victim. Post-release, the victim can petition the releasing entity (ie. Board of Pardons and Paroles or equivalent that imposed the conditions) to allow for contact but there is no requirement to remove the condition prohibiting contact.
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Old 11-17-2014, 05:27 PM
26thncaliswag 26thncaliswag is offline
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Illinois is also becoming increasingly tougher and tougher on domestic battery. For the parole agency to loosen that restriction for a person that may also be the victim not only puts you at risk, but the entire state as a whole as people will be wondering why he was allowed to reside there.
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Old 12-07-2014, 10:24 AM
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Jessica,
He will not be allowed to parole to your residence and he will have a no victim contact order, as a parole guideline. You are correct that he will serve a 4 year parole term for a DV conviction. IDOC guidelines are very clear....no parolee is allowed to live with or have contact with the victim of DV. Currently there is no appeal process and the PRB are not authorized to override IDOC policy. While I sympathize with your situation....there is no other advise I can offer....Sorry Chris
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Old 12-20-2014, 03:46 PM
jessica83brown jessica83brown is offline
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Quote:
Originally Posted by chris idoc View Post
Jessica,
He will not be allowed to parole to your residence and he will have a no victim contact order, as a parole guideline. You are correct that he will serve a 4 year parole term for a DV conviction. IDOC guidelines are very clear....no parolee is allowed to live with or have contact with the victim of DV. Currently there is no appeal process and the PRB are not authorized to override IDOC policy. While I sympathize with your situation....there is no other advise I can offer....Sorry Chris
Im just at a loss of words right now... he hasn't been sentenced yet, but the state's attorney wants to send him down for domestic. He has multiple charges he is fighting. I consulted an attorney a month or so ago and he said to try and get them to even let him plead guilty to it but no doc time and then go down for some of his other felonies then we should be ok? He said as long as he doesnt go to doc on that charge. Idk im so confused and its already tearing us apart. He tells me to not give up on us and we can get thru this, but thats just too many years being without my husband, this isn't a marriage. I have lost hope.
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Old 12-20-2014, 03:53 PM
CenTexLyn CenTexLyn is offline
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Releasing agencies and supervising agencies are generally allowed to consider the ENTIRE criminal history in making decisions related TO the supervision of an offender under their watch. This includes juvenile histories and cases that do not result in conviction...and it certainly includes felony conduct for which incarceration on that offense did not result.
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Old 01-03-2015, 01:57 PM
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Jessica,
Even if he pleads guilty to a separate charge the arrest for Domestic Battery will require the No Victim Contact guideline through parole. IDOC policy is once a victim always a victim, regarding DV or Sex Offenses. The policy does not require a conviction only an arrest or a police report regarding DV.
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Old 04-24-2019, 03:58 AM
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Quote:
Originally Posted by chris idoc View Post
Jessica,
Even if he pleads guilty to a separate charge the arrest for Domestic Battery will require the No Victim Contact guideline through parole. IDOC policy is once a victim always a victim, regarding DV or Sex Offenses. The policy does not require a conviction only an arrest or a police report regarding DV.
I know this is basically splitting hairs, so I apologize in advance. Old OP, no charges, no arrest, no conviction. Have visited x multiple years. Will I be listed as a no contact?
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Old 04-24-2019, 08:28 AM
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Quote:
no charges, no arrest, no conviction
If there is no record, why would you even be considered a victim
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Old 04-24-2019, 08:49 AM
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If there is no record, why would you even be considered a victim
Old OP, I have seen various mention of an OP being part of the criteria. I was just looking for information.
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Old 04-24-2019, 01:27 PM
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Old OP, I have seen various mention of an OP being part of the criteria. I was just looking for information.

It just hit me LOL OP = Order of Protection Here on PTO, an OP is the Original Poster...sorry about that! I would think that would be part of his record, a paper trail. I'll have to leave the answer to how that will affect contact once he's released on parole to some one who is more familiar with the nitty gritty stuff.
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Old 04-25-2019, 03:42 AM
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This thread has my heart racing but I just noticed how old it was. I am hoping that the law has changed since this? Anyone know?
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Old 04-25-2019, 03:47 PM
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IL laws have actually gotten much stricter.
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Old 05-03-2019, 11:30 AM
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ZSR512 & JaymeR99,
Normally all releases have a LEADS and NCIC background run prior to release which will show old Orders of Protection. IDOC has a policy of once protected always protected while on parole. The parole agent can issue the no contact order through a rule 15 change on the Mandatory Supervised Release form that all parolees must sign in order to be granted parole. I will not say that some do not slip through the cracks and are not issued the no contact order but if the agent becomes aware of it anytime during the parole term a No Contact Order will be issued. If the parolee is living with a prior victim he will be required to move or have his parole violated.
I know this is not what you want to hear but it is the current policy.
Take Care Chris
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