The Illinois Parole Board plays a crucial role in determining whether an incarcerated individual should be granted parole and released from prison. Their decisions are based on a complex set of factors that take into account both the safety of the community and the rehabilitation of the offender.

In this blog, we will explore the key factors that influence the choices of the Illinois Parole Board and provide insights into how applicants can present their cases effectively during the hearing.

Offense Severity

One of the most important factors considered by the Illinois Parole Board is the severity of the offense for which the applicant was convicted. Violent crimes, especially those involving serious harm or death, are less likely to receive parole, as the board prioritizes the safety of the community. Applicants convicted of non-violent offenses may have a higher chance of being granted parole.

Criminal History

The applicant’s criminal history is another significant factor that the parole board takes into account. A history of repeated criminal activity or multiple convictions can work against the applicant. However, a demonstrated pattern of rehabilitation and a reduction in criminal behavior can positively influence the board’s decision.

Institutional Behavior

The conduct of the applicant while incarcerated is a critical factor. Good behavior, participation in rehabilitation programs, and a commitment to self-improvement can show the parole board that the applicant has made efforts to change and is less likely to reoffend upon release. Regular participation in educational and vocational programs can demonstrate a commitment to personal growth.

Risk Assessment

Parole boards often employ risk assessment tools to evaluate an applicant’s potential for recidivism. These tools consider factors such as age, criminal history, substance abuse issues, and more. Applicants can improve their chances of parole by actively addressing and mitigating these risk factors while in prison.

Release Plans and Community Support

Applicants who can demonstrate a stable release plan and a support network in the community have a higher chance of parole. This includes having a place to live, employment opportunities, and access to necessary services such as mental health or substance abuse treatment. A strong support system, including family and friends who vouch for the applicant’s rehabilitation efforts, can be influential.

Participation in Rehabilitation Programs

Active participation in rehabilitation programs, including counseling, therapy, and vocational training, can demonstrate an applicant’s commitment to change. Parole boards look favorably on those who have taken steps to address the underlying issues that led to their criminal behavior.

Expression of Remorse and Responsibility

During the parole hearing, expressing genuine remorse for the offense and taking responsibility for one’s actions can be powerful. It’s important to convey an understanding of the impact of the crime on the victim and the community. Applicants should also outline the steps they have taken to make amends and contribute positively to society.

Letters of Support and Character References

Applicants should seek character references and letters of support from individuals who can vouch for their rehabilitation efforts. These letters should highlight the positive changes the applicant has made and the potential for their successful reintegration into society.

Illinois Parole Board

The decisions made by the Illinois Parole Board have a significant impact on the lives of incarcerated individuals and the safety of the community. Understanding the factors that influence their choices can help applicants present their cases effectively during parole hearings. Offense severity, criminal history, institutional behavior, risk assessment, release plans, rehabilitation programs, expression of remorse, and support from the community all play a crucial role in the decision-making process.

Applicants who can demonstrate their commitment to rehabilitation, personal growth, and a low risk of recidivism are more likely to be granted parole. It is essential for applicants to use the parole hearing as an opportunity to convey their readiness for reintegration into society and their determination to become law-abiding citizens. While the path to parole may be challenging, understanding and addressing the factors that influence the parole board’s decisions can improve an applicant’s chances of success. You can always consult with an attorney too if you ever have further questions.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

When you’re convicted of a crime in Illinois, the punishment can often amount to jail time. However, it’s not uncommon for some defendants to be sentenced to probation instead.

Probation, also known as supervised release, allows the person convicted to continue life outside of jail. They remain supervised for the safety of those around them. If they break the terms of probation, they return to jail.

Probation should help rehabilitate those with criminal convictions while keeping the community safe, but it doesn’t always work as intended. A Chicago case shows just how terrible things can turn if those sentenced to probation don’t follow the rules – and the proper enforcement doesn’t revoke their probation in time.

A man on probation for robbery was not living up to the requirements. He slipped through the cracks and was never sent back to jail. Further down the line, he allegedly raped a woman near the Belmont Red Line station.

What is probation and how does it differ from parole? Here’s what you need to know about probation, its violation, and what’s supposed to happen if you flout its conditions.

Probation vs. Parole

Some people use the terms “probation” and “parole” interchangeably. While they may describe the conditional release of an offender, in practice, they look very different.

Probation encompasses an alternative sentence to prison time. It is ordered instead of a prison sentence or as a suspension of one. This means if probation is violated, you’ll serve the rest of the sentence in prison.

Parole, on the other hand, is a conditional release from prison. The correctional system in the state oversees it. Those on parole have served a percentage of their sentence in prison. After some time, the parole board deemed them eligible for early release, to serve the rest of their sentence on parole.

What do parole and probation have in common? If their terms are violated, the person convicted will be sent to jail.

What Are the Terms of Probation in IL?

When placed on probation by the court, you are expected to comply with certain terms after the period has ended. The terms of probation depend on the specific case involved, but most people on probation are expected to:

• Meet regularly with a probation officer
• Appear at all court hearings
• Refrain from committing any other crimes
• Take drug and alcohol tests
• Complete drug and alcohol counseling
• Pay fines or restitution
• Avoid certain people or places
• Finish community service hours assigned by the court

If you fail to meet these terms, you violate probation. In some cases, the probation officer may simply give you a warning. In more complicated circumstances, you may have to go before a judge. They will rule to determine whether or not you violated the terms of your probation.

The judge may settle on jail time, or they may decide on new terms to continue probation, like payment of additional fines.

If you must complete the sentence in jail, you might serve the full term of the original sentence or just the remainder of the probation period. That’s up to the judge.

Probation needs to be taken seriously, but mistakes do happen. If you violate your probation, contact your probation officer right away to straighten out the matter. Take responsibility, or you could face lasting consequences.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Probation. Parole. Both of them can come with convictions in Illinois. Both of them also come with conditions that can be violated, leading to more trouble for you.

They are not, however, the same, and it is important that you understand the difference. Below, we’re going to break down both of these processes so that you can best prepare and protect yourself to avoid further consequences.

How Are Illinois Probation and Parole Similar?

To sum it up, probation and parole are both opportunities for people to stay out of prison after a conviction.

These sentences, however, do not mean that you get off scot-free. As we touched on above, probation and parole both have rules and requirements that people must abide by in order to finish their sentence. Violating probation or parole terms may result in additional criminal charges and jail time.

How Are Probation and Parole Different in Illinois?

Don’t let the names confuse you. Probation and parole may be similar processes, but they can have very different terms and requirements that you will have to adhere to if they are part of your sentence.

Here are the main differences between probation and parole in Illinois:

When You Can Get Probation or Parole

Probation is often referred to as an “alternative to jail.” If you are convicted of a crime, a judge may sentence you to a period of probation instead of prison.

In fact, if you are convicted of a low-level or non-violent crime, you may be more likely to be put on probation. Two-thirds of all people who are convicted of a crime are put on probation rather than incarcerated.

Parole, in contrast, is often referred to as an “early release from jail.” It’s an option for people who have already served time behind bars. If someone has exhibited good behavior and is eligible for parole, they may have the opportunity to be released early.

Who Determines Probation or Parole

A judge may give you probation at your sentencing trial. Probation terms will be determined, and your probation officer is assigned by the circuit court where your trial is held. If you live in Cook County, for example, you will receive a probation officer who works for the Cook County Adult Probation Department.

Parole is granted by a state parole board. In Illinois, parole is handled by the Illinois Department of Corrections. You will be assigned a parole officer who works directly with the parole board.

People may work with different probation or parole programs depending on the crime that was committed. Parole may require strict drug testing, for example. Probation officers may work directly with sex offender programs to work with people convicted of sex crimes.

Conditions of Illinois Probation or Parole

Conditions of probation will vary based on the crimes involved, but typically involve:

• Regular meetings with a probation officer
• Paying fines, court costs, or restitution
• Completing rehabilitation or education programs

Probation sentences vary depending on the severity of the charges, but typically will not last more than 10 years.

The terms for parole are determined by Illinois state law. In many cases, parolees will have to live at a halfway house where they are more closely watched and monitored. The halfway house may give parolees the opportunity to go out and look for jobs, but the parolee is still serving his or her sentence – just not in an actual prison.

Parole is part of the overall prison sentence. If the person was sentenced to 30 years behind bars, and was granted parole after 24, they will be on parole for six years.

Review and Consequences of Probation Violations or Parole Violations in Illinois

Probation violations and parole violations consist of failing to meet the terms of your probation/parole, including committing a new crime.

If you are accused of violating your probation, you may face additional charges and have to go back to court. Like charges for drug crimes or theft crimes, you will have to present your case.

If you are found guilty of violating your probation, your probation period may be extended or you may have to spend some time behind bars. You have the right to a criminal defense lawyer for counsel.

In the case of probation violations, however, the prosecution does not need to prove that you are guilty “beyond a reasonable doubt.” They just have to prove that “more likely than not” you committed the probation violation.

Parole violations are reviewed by the parole board. There is no jury involved – the decision is made solely by the parole board. If you are found guilty of violating your parole, your parole may be reinstated or you might have to go back to prison and finish your sentence.

Whether you are placed on probation or parole, it is important to understand the terms you must adhere to and the consequences you may face for violations.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.