Where a petitioner in an original mandamus action alleged tat he had been viewed as committing a " violation at the door" and was incarcerated during his term of mandatory supervised release after the housing outside of prison required by respondent Prisoner Review Board could not be obtained, the supreme court found mandamus inappropriate and did not assume jurisdiction where the specific criteria for issuance of the writ were not met.
E. King Poor, Michael S. Rhinehart, of Quarles & Brady LLP, of Chicago, for Petitioner.
Lisa Madigan, Attorney General, of Springfield (Carolyn E. Shapiro, Solicitor General, Brett E. Legner, Assistant Attorney General, of counsel), for Respondents.
Alexa A. Van Brunt, Alan Mills, of Chicago, for Amici Curiae ACLU et al.
JUSTICE THOMAS delivered the judgment of the court, with opinion. Chief Justice Garman and Justices Freeman, Kilbride, Karmeier, Burke, and Theis concurred in the judgment and opinion.
[¶1] The petitioner, Johnny Cordrey, filed a motion for leave to file an original complaint for mandamus in this court pursuant to Illinois Supreme Court Rule 381 (Ill. S.Ct. R. 381 (eff. Mar. 1, 2001)). Cordrey asks this court to compel respondents, the Prisoner Review Board and Rick Harrington, Warden, to release Cordrey to serve his mandatory supervised release at a suitable host location outside of prison. Cordrey also requests that this court declare the practice of " violating at the door" to be unconstitutional as a violation of due process and equal protection.
[¶3] In October 1993, Cordrey was sentenced to 36 years in prison for aggravated criminal sexual assault (720 ILCS 5/12-14 (West 1992)), along with a concurrent term of 30 years for aggravated kidnapping (720 ILCS 5/10-2 (West 1992)). Cordrey also was sentenced to a three-year term of mandatory supervised release (MSR) (730 ILCS 5/3-3-3(c) (West 1992)).
[¶4] In November 2012, the Prisoner Review Board entered an order imposing certain conditions on Cordrey's MSR. Cordrey was required to attend anger management counseling, sex offender counseling, and outpatient mental health counseling. Cordrey was prohibited from having contact with his victim and was required to have biweekly visits with his parole officer for two years. Cordrey was required to register as a sex offender, with victim notification, and was subject to electronic monitoring for the duration of his MSR. The Prisoner Review Board also strongly recommended GPS monitoring.
[¶5] Cordrey was scheduled to begin his MSR on April 12, 2013. On that day, the Department of Corrections issued a parole violation report stating that Cordrey violated his parole because he had no suitable host site where he could serve his MSR. Specifically, the report stated:
" Offender is in violation of the Rule #16 in that he is mandated by the Prisoner Review Board to be supervised on electronic monitoring. This agency attempted to place the offender at (all) places with family and/or friends in the community and no suitable host site was found to supervise the offender on electronic monitoring. This agency attempted to place the offender at (all) places that the Illinois Department of Corrections would pay for and the paid placements for any number of reasons could not accept the offender. The offender is unable to fulfill the mandate by electronic monitoring place[d] by the Prisoner Review Board."
Cordrey was then returned to the Menard Correctional Center to serve his term of MSR in prison.
[¶6] Cordrey filed a grievance concerning the denial of his release. The Department of Corrections' Field Services unit responded that every effort was being made to find a place for Cordrey. Field Services stated that due to Cordrey's sex offender status, they had not been able to locate suitable placement.
[¶7] Cordrey then filed a pro se petition for writ of habeas corpus as well as an application to sue or defend as a poor
person. Cordrey's application to sue or defend as a poor person was allowed. The Attorney General was directed to file a response to Cordrey's motion. After the Attorney General filed its response, counsel was appointed to represent Cordrey.
[¶8] Counsel then filed a motion for leave to file a petition for mandamus or habeas corpus relief. This court allowed that motion and directed the parties to brief the issue. Counsel from MacArthur Justice Center, Northwestern University School of Law, and the Uptown People's Law Center, were given leave to file an amicus ...