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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 02-28-2018, 05:16 PM
Tmp Tmp is offline
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Default Access to attorney for Parole Violations/Hearings

If your loved as been picked up on a violation does he know he can have a lawyer present during his parole hearing
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Old 02-28-2018, 06:03 PM
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Default Parole board hearing

Is true that u can have a lawyer present during your hearing since its considered a criminal hearing
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Old 02-28-2018, 06:34 PM
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I can't answer for IL, but this is how it works in Ky:

Quote:
An Administrative Law Judge (ALJ) will conduct a preliminary hearing to determine if there is probable cause to believe that the parolee has violated the terms and conditions of parole. Evidence is heard and witnesses are questioned. The parolee has a right to legal representation at the preliminary hearing.

....At the final parole revocation hearing, the charges are read and explained, and the offender is given the opportunity to admit or deny the charges and address any other issues relating to the charged violations or mitigating circumstances.
The evidence at a final parole revocation hearing is limited to the record made before the Administrative Law Judge at the preliminary revocation hearing, except that the Parole Board, in its discretion, may consider any new or different evidence submitted by the parolee in writing in advance of the final revocation hearing. In addition, an offender who has admitted the violations and waived the preliminary hearing may submit mitigating evidence, in writing, at or before the final hearing.
https://justice.ky.gov/Pages/Parole-Board-FAQ.aspx#14

For Illinois, all I can find is:

Quote:
How long does it take to get a hearing if an offender is arrested on a violation?
Once an offender comes back into IDOC for a MSR or Parole violation they are set up on the next available docket. These dockets are governed by an entry cutoff date to ensure there is time to compile the information and get the cases to the Members. If the offender admits into the Illinois Department of Correction's facility after the cut off date they will be scheduled for the next docket.
https://www2.illinois.gov/sites/prb/...perations.aspx

No mention whatsoever of a parole violator in Illinois being allowed an attorney. It may be true, but I haven't found it
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Old 02-28-2018, 06:39 PM
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Alrighty...I did find something, but not on any Illinois .gov site:

Illinois Agrees to Reform of Parole Revocation Process; Landmark Settlement Will Provide Attorneys to Parolees Unable to Afford Legal Counsel in Revocation Hearings

FOR IMMEDIATE RELEASE: Jan. 25, 2017

A federal class action lawsuit challenging the constitutionality of

Illinois’ parole revocation process has been resolved with a guarantee that attorneys will be provided to eligible parolees and an agreement the state will take additional steps to bring fairness to the process of determining whether a parolee must return to prison due to a parole violation.

http://www.law.northwestern.edu/lega...%20012517B.pdf
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Last edited by patchouli; 02-28-2018 at 06:42 PM..
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Old 02-28-2018, 06:48 PM
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I’m part of that lawsuit
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Old 02-28-2018, 06:51 PM
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Illinois needs to change the way handle parole hearings. A lot of people get railroaded by this process. I asked because I have not been informed of any new info on this matter
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Old 03-01-2018, 07:54 AM
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TMP,
Parole Violation Reports have a notice of charges that are served and they have been updated informing the person that they have the right to an attorney. The person being served can waive or utilize the right to an attorney.
Take Care
Chris
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