The ‘ ‘unfulfilled” good judgment of the foregoing can be found in Legislative Act 730 ILCS 5/1—1—2 which mandates, but does not enforce or even practice the “purpose” of prisons: to prescribe sanctions proportionate to the seriousness of the offenses and permit the recognition of differences in rehabilitation possibilities among individual offenders prevent arbitrary or oppressive treatment of persons adjudicated offenders, and … restore offenders to useful citizenship. ”

What IDOC practices are repugnant to the disputativeness of legislative intent. Sex offenders, burglars and dope users who steal and deal to support their habit (and who were given short sentences to begin with) are being given wholesale early release whereas long-term prisoners who have served years and years on their sentence are, for all purpose and intent, excluded from early release consideration .

Long term prisoners, when eventually released (and if they don’t die in prison) have a next-to-nothing recidivism rate. Short term prisoners use IDOC like a revolving door, coming back 3, 4, 5 and even 6 times, and each time with a pittance of a sentence.

Where are the guardians who are supposed to, at least try, restoring offenders to useful citizenship? and who are mandated to guard the integrity of the criminal justice system? You certainly can ‘ t find them in the courtroom where the judge is little more than a second prosecutor. Nor can these guardians be found in the appeal courts where all decisions are made “in a light most favorable to the State”, as mandated by the Illinois Supreme Court in People v. Collins, 106 111.2d 234 (1985) even though, all courts, including our state supreme court, have no authority to override 730 ILCS 5/1-1-2.

For example, this writer was given a 60-year sentence at age 58, to be served at 100% with no possibility of receiving good time, regardless of good behavior or accomplishments. Do the math!

IDOC incarcerates thousands of long-term prisoners in similar situations. Within the spirit and the letter of the law they must be considered for early release but are not and will never be unless changes are made in the integrity of the criminal justice system.

BY  BRIAN BEALS