SPRINGFIELD - The Illinois Department of Corrections and Illinois Prisoner Review Board have announced a settlement agreement in the case of "Moises Morales v. Craig Findley" has been approved, resulting in changes in how potential parole and mandatory supervised release violations are handled.
In a news release, IDOC officials say the agreement was approved by U.S. District Judge Amy J. St. Eve on January 25, 2017. The original court case, filed by IDOC offenders in 2013, alleged that they were returned to prison due to not having a proper hearing or the opportunity to provide adequate testimony.
Under the agreement, attorneys will be appointed to alleged violators at no cost in cases where a plausible claim exists that the violation did not occur, a violation occurred but there are substantial reasons to argue against revocation, or if the alleged violator appears to be unable to speak effectively on their behalf. Additionally, the attorney will represent the alleged violator throughout the entire revocation process, the alleged violators will be informed of their right to remain silent, and a Notice of Rights and a copy of the violation report will be provided to the alleged violator within five days of a warrant being served.
Both the IDOC and PRB will also make reasonable efforts to make sure an alleged violator receives a preliminary hearing within 10 business days of the warrant being served, and that a final hearing is held within 90 days.
IDOC Director John Baldwin says, "This agreement restores integrity to the parole revocation process and ensures potential violators have fair representation and a voice in the process." PRB Chairman Craig Findley adds "The PRB looks forward to working with the IDOC to implement the procedures set forth in the Morales Settlement Agreement as we continue to set and enforce conditions of release for all Illinois offenders."
