No. 48431 Appeal from the Circuit Court of Massac County;
the Hon. Dorothy W. Spomer, Judge, presiding.
No. 48432 Appeal from the Circuit Court of Saline County;
the Hon. Harry McCabe, Judge, presiding.
MR. JUSTICE DOOLEY DELIVERED THE OPINION OF THE COURT:
Stephen P. Hurley, Deputy Defender, and Michael J. Rosborough, Assistant Defender, of the Office of the State Appellate Defender, of Mount Vernon, for appellant.
William J. Scott, Attorney General, of Springfield (James B. Zagel, Jayne A. Carr, and Victor M. Pilolla, Assistant Attorneys General, all of Chicago, of counsel), for appellee.
James J. Doherty, Public Defender, of Chicago (John Thomas Moran, Assistant Public Defender, of counsel), amicus curiae.
These consolidated appeals bring before us the constitutionality of the mandatory parole provisions of the Unified Code of Corrections (Ill. Rev. Stat. 1975, ch. 38, par. 1001-1-1 et seq.). In each case defendant was released upon parole after serving the maximum term of his indeterminate sentence of imprisonment. His parole was subsequently revoked for a violation of a condition, and he was reincarcerated.
In each case defendant applied to the circuit court for a writ of habeas corpus. In cause No. 48431 the circuit court of Massac County held the statutory provisions invalid, and granted the writ. The State filed an appeal to this court. In cause No. 48432 the circuit court of Saline County held the provisions constitutional, and denied defendant's petition. Defendant appealed to the Appellate Court for the Fifth District, that appeal was transferred here, and the two appeals were consolidated. The public defender of Cook County was given leave to file a brief amicus curiae. He urges the invalidity of the mandatory parole provisions.
Section 5-8-1(e) of the Unified Code of Corrections (Ill. Rev. Stat. 1975, ch. 38, par. 1005-8-1(e) provides:
"Every indeterminate sentence shall include as though written therein a parole term in addition to the term of imprisonment. Subject to earlier termination under Section 3-3-8, the parole term shall be as follows:
(1) for murder or a Class 1 felony, 5 years;
(2) for a Class 2 felony, or a Class 3 felony, 3 years;
(3) for a Class 4 felony, 2 years."
Section 3-3-9(a) of the Code (Ill. Rev. Stat. 1975, ch. 38, par. 1003-3-9(a)) provides in pertinent part:
"(a) If prior to expiration or termination of the term of parole, the parolee violates a condition of parole, ...