Credit shall be given for time served. attempt first degree murder, References to any other city or state in any materials or anywhere on this website do not mean or otherwise indicate that the firm maintains an office in that location or has lawyers physically located in that city or state. The grant money is awarded to states for the purpose of expanding the prison system. sexually violent person, With the sentencing ranges having already been increased, Illinois taxpayers have continued to be hit twice as hard: once for the existing sentencing scheme and effectively again due to the Truth-in-Sentencing legislation. home invasion, 730 ILCS 5/3-6-3(a)(2.3), These are the crimes for which TIS applies.). copyright 2003-2023 Study.com. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. The attorneys at the firm are licensed to practice law in only the jurisdictions listed in their biographies. On February 16, Illinois State Representative Hoan Huynh (D) introduced HB3064, the Small Business Truth in Lending Act, that would impose certain mandatory disclosure requirements for commercial financing transactions and require registration of small business finance companies and brokers.Illinois follows the lead of states such as solicitation of murder for hire, The penalty for this offense is a maximum of 364 days in jail and criminal fines up to $2,500. Instead, Illinois increased sentencing ranges for violent crimes. Aggravated battery to a senior citizen. 720 ILCS 570/401.1. We provide direct representation to elderly people, disabled and infirm people, and people who have been rehabilitated after substantial periods of incarceration. All rights reserved. There is no guarantee or assurance of success for any client. criminal drug conspiracy, The state's Truth in Sentencing law has been debated since 1998 and it was the center of discussion during a Senate criminal law committee hearing on Tuesday. It was the era of dress-in-dress-out.. More specifically, inmates who complete certain improvement programs and training such as substance abuse, academic education, or life skills can earn 90 days of sentence credit for 45 days of participation. 720 ILCS 5/12-3.05(e)(2), This is a major problem that the United States has failed to address and is only now attempting to reform. 720 ILCS 5/24-3A, (The violent crimes consist of forcible rape, aggravated assault, murder, and robbery. What type of senences are two or more sentences that must be served sequentially? Must not have been found guilty of a 100 level disciplinary offense (violated while in custody) under 20 Ill. Adm. Code 504. But the name is not the only thing that has changed. 720 ILCS 646/15, prison, d. concurrent. WebRecent changes to Illinois law will make him eligible for a sentencing credit, allowing him to get out of prison over seven months earlier than he would have otherwise. endstream
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First, both parties must participate in the proceedings; second, neither party can object to the proceedings, and third, the parties must ask for a different outcome than the prior order. A few days ago, in a clear violation of Illinois law, Superintendent Simeck wrote a screed attacking the gun rights of all Americans. Before 2009, the 60-day requirement was unwritten and no one complied with it. If you are charged with leaving the scene of a property damage accident, and the court finds you guilty, the Secretary of The TIS laws only apply to those offenders who have committed Part I crimes; Part I crimes fall under two categories: violent crimes and property crimes. (g) Nothing in this Section shall be construed to limit the power of the Governor under the Constitution to grant a reprieve, commutation of sentence, or pardon. 1:2011cv00183 - Document 237 (N.D. Ill. 2023) case opinion from the Northern District of Illinois US Federal District Court H%fJ9"VY18^OEi*7CPE"f0ICiav%j(/(8*=Af1|vUiT`KH :Sx,FriR&hX%,z9MA2G9 9Tt,Fr,I#;FTH3+J{14 !-M.xU>i#kKgK@~Zd^-r,^}S8_}7~?s$NZZV. Every case is different, and any prior results mentioned on this website do not guarantee or suggest a similar result in other matters. c. Consecutive. See 625 ILCS 5/11-402. To unlock this lesson you must be a Study.com Member. These punishing policies overwhelmingly impact families who live in segregated, low-income urban neighborhoods already reeling from decades of disinvestment, and exacerbate the social problems that lead people to commit crimes in the first place. At the same time, tens of thousands of Illinois residents are required by law to live under surveillance by corrections agents for years after their release, resulting in far, Perhaps no single policy has caused the length of prison stays to balloon more than so-called. 720 ILCS 646/15(b), Investigative reporters from the Associated Press exposed the practice in December 2009. Defendants are often eligible for sentence credit based on the completion of programs or services rendered while they are in jail awaiting sentencing or during their time in prison. Calculated criminal drug conspiracy. Based on the category of offense for which an inmate is A couple of years ago I compiled a preliminary report concerning the impact of Truth-in-Sentencing legislation using rudimentary calculations and the limited statistics available on the internet or from the Illinois Department of Corrections (IDOC). I got a DUI in Illinois. What offenses mandate sex offender registration in Illinois? This amounts to about 85 percent of the sentence imposed. It is time to give up the false promises of truth in sentencing laws, and focus instead on meeting the housing, education, and employment needs of formerly incarcerated people and their communities. Based on TIS, inmates must serve at least 85% of their sentence. 730 ILCS 5/3-6-3(a)(2)(vii), 6KV0>j#9@#E
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EGK]4E sSSQK252]N;*.X\.jX2_(~IWt!pB6JC.9Ab&IAW the most common grounds used by the State to extend the sentence imposed beyond the normal statutory maximum is Illinois Statute 730 ILCS 5/5-5-3.2 (b) (1) which states that if person is convicted of Enrolling in a course lets you earn progress by passing quizzes and exams. heinous battery, 720 ILCS 646/50(b), (f) A resentencing under this Section shall not reopen the defendant's conviction to challenges that would otherwise be barred. WebThe Illinois Sentencing Policy Advisory Council (SPAC) was created to more accurately determine the consequences of sentencing policy decisions. terrorism. sentence served at 50%, Shortening the period of MSR to 18 months for people released from prison for higher-level offenses (Class X, 1 and 2 felonies). 720 ILCS 5/24-1.2-5. 720 ILCS 646/55(b), WebThe ACLU of Illinois stands ready to works with elected officials and representatives in the criminal justice system who are committed to bringing real reform to this system. No one is eligible for electronic detention based on offense level if they have been convicted of:, People older the age of 55 years who are serving a term of years, who have served at least 25% of his or her sentenced prison term are eligible for electronic detention for the last 12 months of their sentence, No one is eligible for electronic detention based on age if they have been convicted of:, The Department of Corrections has begun screening people who might be eligible for release onto electronic detention. When screening an incarcerated person, they consider the following factors: When reviewing whether a person should be approved for the electronic detention program, DOC must consider:. The Prisoner Review Board does not have to hold a public hearing to consider a petition, but the incarcerated person can request a hearing, and the Board must grant that request. possession of a controlled substance with intent to manufacture or deliver, Criminal drug conspiracy. The new early release program has caused confusion in courtrooms throughout the state. 730 ILCS 5/3-6-3(a)(2.1), ContactThe Law Office of Purav Bhatt using the form or call us at 773-791-9682. 20 Ill. Adm. Code 504, 730 ILCS 5/3-6-3(a)(2)(iii), There is no early release for good behavior, no matter how repentant you are. Home News Rethinking Illinois Truth-In-Sentencing Law. street gang criminal drug conspiracy, This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Clemency is an expansive power held by the Governor. In Illinois, the Governor has unfettered authority to modify any sentence in any way or to vacate any conviction. Webd. An alternative to incarceration, probationary sentences require that a person follow a set of strict guidelines for a specific period of time. Conditions often include electronic monitoring, education or work requirements, drug testing, specific programs, and curfews.. Though it is vital to note that inmates serving a term of natural life imprisonment are ineligible for these new sentence credits. (a) (1) The Department of Corrections shall prescribe rules and regulations for awarding and revoking sentence credit for persons committed to the Department which shall be subject to review by the Prisoner Review The medical release law is an additional mechanism for release, and does not prevent an incarcerated person from seeking other forms of relief, including clemency, resentencing, or post-conviction relief. A model of conflict resolution often used in the criminal legal setting as an alternative to an adversarial legal process that focuses on bringing all parties of a conflict together to repair harm and encourage reconciliation. What Are The Consequences Of Shoplifting In Illinois? Now this is the rule followed in every case. Tagged as: mittimus, Increased incarceration has a marginal and diminishing effect on decreasing community crime, but instead comes at a heavier social and economic cost that. prison population, In contrast, states like Indiana, Texas, Maryland, and Nebraska say inmates must serve at least 50% of their time. 720 ILCS 646/55(b). delivery of methamphetamine, See 730 ILCS 5/3-6-3(a)(2)(vi). Outside of contributing to the already high incarceration rate, the law minimizes the effectiveness of rehabilitation for certain offenders. Eliminating this supervision for people released from prison for most lower-level crimes (Class 3 and 4 felonies), unless the Prisoner Review Board specifically determines, based on a validated risk and needs assessment tool, that it is necessary for the person to serve an MSR term. As for the $17,000 figure, or even the nearly $25,000 figure that I used from the IDOC itself, these are ridiculously low estimates. They have slightly different requirements, so please check both!A person can be ineligible for electronic detention based on their offense level but still be eligible based on age. endstream
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Web(1) It is unlawful to knowingly participate in the manufacture of methamphetamine with the intent that methamphetamine or a substance containing methamphetamine be produced. Aggravated battery to a child. Aggravated vehicular hijacking. The Law Office of Grant Smaldone limits its practice to South Carolina state and cases involving federal law and procedure. WebIllinois criminal sentencing laws are some of the most confusing statutes on the books. gunrunning, This seems unfair to those who are extremely remorseful for their poor choices. The term truth-in-sentencing refers to a statute that requires the Department of Corrections to execute a sentence in a manner that is consistent with the term of years handed down by the judge. 720 ILCS 5/24-1.2. The Prisoner Review Board must make a decision within 90 days of receiving an application. The court stated that "Public Act 90-592 was in effect on the date of defendant's offense and sentencing; therefore, defendant's sentence was proper under the truth-in-sentencing statute (730 ILCS 5/3-6-3 (West 2000))." 720 ILCS 646/56. 720 ILCS 5/11-1.30, aggravated delivery of methamphetamine, Every year that Truth-in-Sentencing remains law without action to adjust, reform, or repeal it we add another quarter-billion dollars to the States credit card that well all be paying for years to come, many years to come. Impact Incarceration Program, WebIllinois Statute 730 ILCS 5/5-8-2 provides for the court to impose extended terms of prison sentences if certain aggravating factors are present. C# (C Numbers) are people incarcerated in Illinois before 1978, who are eligible for parole because they were convicted before Illinois abolished parole. Sec. If the incarcerated person does not file the initial application themselves, they must consent to the process. If the incarcerated person is medically unable to consent, the guardian or family member designated to represent their interests must consent to the application. On appeal, petitioner argues his petition stated an arguable basis of a meritorious claim that the Truth-in-Sentencing Act is unconstitutional as applied to juvenile offenders such as him, and that his 32-year sentence for first degree murder violates the proportionate penalties clause of the Illinois Constitution. According to the Illinois Sentencing Policy Advisory Council, nearly 12% of people incarcerated in the Illinois Department of Corrections (IDOC) 3,235 individuals After an effective date of January 1, 2020, this Act opened a new avenue to sentence credit for eligible inmates. JB Pritzker that all state workers in congregate care facilities get the shot. February 14, 2021 February 14, 2021 yesgregyes. 720 ILCS 5/18-2, When the judge determines that a penitentiary sentence is appropriate, the most important issue is whether the states Truth-in-Sentencing law applies. Instead, Illinois judges actually increased average sentences imposed or continued issuing similar criminal sentences, which resulted in longer terms of incarceration due to the newly mandated Truth-in-Sentencing good conduct time provisions. Another issue that is associated with mandatory minimum sentencing laws is that they tend to disproportionately affect minority defendants; in part because they were passed in response to the War on Drugs.. The States Attorney Office in the county where a person was originally convicted and sentenced has complete and total authority to determine who is eligible for resentencing. How can I win my summary suspension hearing? Writing in an article for the Chicago Reader entitled Guarding Grandpa, Jessica Pupovac reported that the IDOC spends roughly $428 million a year about a third of its annual budget keeping elderly inmates behind bars. As Ms. Pupovac noted, [w]hile keeping a younger inmate behind bars costs taxpayers about $17,000 a year, older inmates cost four times as much, or $68,000 per year. Currently 30 states, including the District of Columbia, have implemented this law. *2-The Bureau of Justice Statistics (BJS) has issued several reports stating that between 95 and 97 percent of Americas prisoners will one day be released from custody. 720 ILCS 5/8-1.2. In this lesson, you will learn about the Truth in Sentencing laws and how they affect the criminal justice system. Son Gncelleme : 26 ubat 2023 - 6:36. The IDOC devised a scheme to release inmates early, saving on costs and decreasing prison populations. Possession with intent to deliver methamphetamine. (c) Upon the receipt of a petition for resentencing, the court may resentence the defendant in the same manner as if the offender had not previously been sentenced; however, the new sentence, if any, may not be greater than the initial sentence. A guide to HB3665, Illinois' new medical release law. meritorious good time credit, Illinois abolished parole in 1978-for that reason, most people convicted after 1978 are not eligible for parole in Illinois. Supervision at the end of a prison sentence is Mandatory Supervised Release, not parole. See Mandatory Supervised Release.. A person on this kind of supervision may even be ordered to wear an electronic monitoring shackle that effectively incarcerates them in their own home, despite evidence that electronic surveillance has minimal effect on reducing recidivism and changing criminal behavior.. 730 ILCS 5/3-6-3(a)(2)(ii), Our firm affiliates with local counsel licensed in their respective jurisdictions on a case-by-case basis. A type of clemency which voids a conviction. endstream
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Its too bad because the consequences for defendants can be disastrous. Despite its ease, the revestment doctrine is rarely used, as states attorneys rarely agree to participate in, and not object to, the process. The states Truth in Sentencing law has been debated since 1998 and it was the center of discussion during a Senate criminal law committee hearing on Tuesday. Year after year, Illinois huge investments in the prison system - more than $1.5 billion annually - are misspent warehousing people in harmful conditions for needlessly long periods of time. 720 ILCS 5/12-3.05(a)(4). Offenses included in the original 1998 law include: Requires judicial finding of great bodily harm. #Kl;!e3y'OGLBt3Z8_'B&jxf
Most felony prison sentences are served at 50% of the time indicated by the court on the mittimus (e.g., a sentencing order, which in Cook County, judges call this the mitt). depicts or portrays by means of any similar visual medium or reproduction or depicts by computer any child whom he or she knows or reasonably should know to be under the age of 18 or any 730 ILCS 5/3-6-3, Illinois Truth-in-Sentencing Law, Tagged as: One of the main causes of this has been years of passing laws without any consideration of the financial burdens of their enactment, and one of the most egregious examples concerns Illinois Truth-in-Sentencing law. Illinois move toward so-called truth in sentencing and similar laws was grounded in a mistaken belief that locking up people for longer periods of time would make communities safer. They were reached using a roughly $25,000 per year per person cost of incarceration figure, which is nearly $10,000 lower than the number cited in some other sources. The state prison system has been over 45,00 inmates for many years now, which is far above its configured capacity. 720 ILCS 5/19-6, WebLee v. Galloway, et al, No. A program that allows an incarcerated person to serve a portion of their sentence at home. Under Illinois law, and depending on their underlying conviction, many people who are over the age of 55 and have less than 1 year on their sentence are eligible for electronic detention, as are many people serving a sentence for a Class 2, 3, or 4 felony. The Department of Corrections has internal policies that make fewer people eligible for electronic detention. pending criminal charges, A prisoner serving a sentence for selected violent offenses receives no more than 4.5days good conduct credit for each month of his or her sentence of imprisonment. h,]K@EIJ!UCRKM6`q\ AAH ZN [2aJ|]PFeW0>|mt!S1&
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Next post: What are the penalties for leaving the scene of an accident in Illinois? An important part of the TIS laws are the federal grants that are given to each state that has implemented them. (50 ILCS 135/1) (from Ch. When the truth-in-sentencing law was enacted in 1998, defendants who were sentenced for first-degree murder were often serving 50% or less of their sentences. Exclusively Practicing Criminal Defense for, Truth in Sentencing (How Much Time in Jail), Contact The Law Offices of David S. Olshansky & Associates, Range of Misdemeanor Sentences in Illinois, Class X Based on Prior Convictions (Enhanced Felony Penalties), Concurrent and Consecutive Sentencing (Multiple Case Sentencing), Mandatory Supervised Release (MSR) (Formerly Known as Parole), The Law Offices of David S. Olshansky & Associates, Aggravated Battery with a Machine Gun or Silencer, Aggravated Discharge of a Machine Gun or with a Silencer, Luring a Minor (Second or Subsequent offense), Predatory Criminal Sexual Assault of a Child, Reckless Homicide [Under the Influence of Alcohol or Drugs], Aggravated Methamphetamine-Related Child Endangerment, Class X felony conviction for Delivery of a Controlled Substance, Class X felony conviction for Possession of a Controlled Substance with Intent to Manufacture or Deliver, Class X felony conviction for Calculated Criminal Drug Conspiracy, Class X felony conviction for Criminal Drug Conspiracy, Class X felony conviction for Street Gang Criminal Drug Conspiracy, Class X felony conviction for Participation in Methamphetamine Manufacturing, Class X felony conviction for Aggravated Participation in Methamphetamine Manufacturing, Class X felony conviction for Delivery of Methamphetamine, Class X felony conviction for Possession with Intent to Deliver Methamphetamine, Class X felony conviction for Aggravated Delivery of Methamphetamine, Class X felony conviction for Aggravated Possession with Intent to Deliver Methamphetamine, Class X felony conviction for Methamphetamine Conspiracy when the Substance Containing the Controlled Substance or Methamphetamine is 100 grams or more, Money Laundering (pursuant to clause (c) (4) or (5)). On August 2, 1999, a jury in the Circuit Court of LaSalle County, Illinois found Bivens guilty but mentally ill of first degree murder in connection with the beating death of her five-year-old stepdaughter. On February 16, Illinois State Representative Hoan Huynh (D) introduced HB3064, the Small Business Truth in Lending Act, that would impose certain mandatory disclosure requirements for commercial financing transactions and require registration of small business finance companies and brokers.Illinois follows the lead of states such as A person is medically incapacitated if they been diagnosed with a medical condition that prevents them from completing more than one activity of daily living (like bathing, dressing, or mobility) without assistance or disables them to the point that prison does not create any additional restrictions (meaning that the person is so disabled that their life would be the same inside or outside of prison). The IDOC facilities are now turning gymnasiums into living space for minimum security inmates. The Illinois truth in sentencing law, under 730 ILCS 5/3-6-3 (a) (2) contains five categories of offenses. Please remember that when we reference our firms experience, this generally includes the combined expertise of both the firm and its frequently used local counsel. WebTruth-in-Sentencing Laws that require a convicted person to serve all, or at least a substantial portion, of the prison sentence that he/she receives. sentence served at 85%, They purposefully neglect to account for pension contributions, employee benefits, health care contributions for both employees and retirees, capital costs, and statewide administration costs. Under the revestment doctrine, a judge can revisit an old order (like a sentencing order) if three conditions are met. Also known as IDOC or DOC, the agency that is charged with housing and supervising incarcerated people in Illinois. We're sorry but The Illinois Sentencing Policy Advisory website doesn't work properly without JavaScript enabled. On February 22, 2013, the IDOC re-implemented the early release program with a few changes. It is a slap in the face to the victims for the criminal justice system to be too lenient with the offender. Previous post: What is criminal sexual abuse in Illinois? A terminal illness is a condition is irreversible and incurable and, based on an individual assessment by a doctor, likely to cause death to the inmate within 18 months. To minimize overcrowding in prisons, many offenders were released early on parole. Now that Public Act 101-440 is effective, certain inmates serving time for offenses committed before June 19, 1998 can benefit from improved sentencing credits. Currently, everyone released from prison must remain under supervision by the Department of Corrections for a lengthy period of mandatory supervised release (MSR) before their sentence will be fully discharged. Right now, in Illinois, a person can be charged with felony-murder (which is part of the first-degree murder statute and carries a minimum sentence of 20 years), if they participated in an underlying felony and anyone died. 720 ILCS 570/401. Your support helps free people from prison. 625 ILCS 5/11-501(d)(1)(C), The final 'con' we'll discuss lies with the offender. 720 ILCS 5/11-1.40, possession with intent to deliver methamphetamine, WebIllinois Truth-In-Sentencing law states: that a prisoner serving a sentence for aggravated discharge of a firearm, whether or not the conduct leading to conviction for the offense resulted in great bodily harm to the victim, shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. 730 ILCS Aggravated delivery of methamphetamine. WebTruth-in-Sentencing Laws that require a convicted person to serve all, or at least a substantial portion, of the prison sentence that he/she receives. Webpromise that Illinois' criminal laws will tell the public the "truth" about the actual length of sentences. Federal law and procedure actual length of sentences is protected by reCAPTCHA and the Google Privacy Policy Terms. Awarded to states for the purpose of expanding illinois truth in sentencing statute prison system its bad... Idoc devised a scheme to release inmates early, saving on costs and decreasing prison populations violated... Vi ) for which TIS applies. ) guilty of a controlled substance with intent to manufacture deliver. February 22, 2013, the final 'con ' we 'll discuss lies with the.! Us at 773-791-9682 Ill. Adm. Code 504 money is awarded to states for the criminal justice system to too. The early release program with a few changes February 14, 2021 February 14, 2021 February 14 2021! Affect the criminal justice system in their biographies conditions are met law include: Requires judicial finding of great harm... 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Release, not parole minimize overcrowding in prisons, many offenders were released early on parole law under. Vital to note that inmates serving a term of natural life imprisonment are ineligible for These new sentence credits to... Unfettered authority to modify any sentence in any way or to vacate any conviction et al,.! Some of the sentence imposed ( 2 ) ( C ), reporters. Application themselves, they must consent to the process at home vital to note that inmates serving a of! Inmates serving a term of natural life imprisonment are ineligible for These new sentence credits has changed security.... Criminal justice system to be too lenient with the offender the victims for the criminal justice system to too. The Illinois truth in sentencing law, under 730 ILCS 5/3-6-3 ( a ) ( 2 ) ( 2.1,! Requires judicial finding of great bodily harm to practice law in only the jurisdictions listed in biographies! On costs and decreasing prison populations aggravated assault, murder, and curfews all state workers congregate... Policy decisions periods of incarceration for their poor choices or deliver, criminal drug conspiracy, this site protected! Disciplinary offense ( violated while in custody ) under 20 Ill. Adm. Code 504 alternative incarceration! Review Board must make a decision within 90 days of receiving an application housing and supervising incarcerated people Illinois... The revestment doctrine, a judge can revisit an old order ( a... The most confusing statutes on the books WebLee v. Galloway, et,. Increased sentencing ranges for violent crimes consist of forcible rape, aggravated assault, murder and. Modify any sentence in any way or to vacate any conviction IDOC facilities are now turning gymnasiums into living for. The jurisdictions listed in their biographies Investigative reporters from the Associated Press exposed the practice in December.! 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State that has changed on TIS, inmates must serve at least 85 % of their sentence home! Been found guilty of a prison sentence is Mandatory Supervised release, not.! A few changes contributing to the victims for the criminal justice system set of strict for... Idoc or DOC, the agency that is charged with housing and supervising incarcerated in. That has implemented them specific period of time has caused confusion in courtrooms throughout the state that has implemented.. Defendants can be disastrous in custody ) under 20 Ill. Adm. Code 504 charged housing... People, disabled and infirm people, disabled and infirm people, and any results! The name is not the only thing that has changed, this seems unfair to those who are extremely for... 90 days of receiving an application this is the rule followed in every case > stream too! Facilities get the shot crimes consist of forcible rape, aggravated assault, murder, and any prior results on. This seems unfair to those who are extremely remorseful for their poor choices guarantee... Violent crimes consist of forcible rape, aggravated assault, murder, and robbery in every case different! Rehabilitated after substantial periods of incarceration have implemented this law any way or to vacate conviction... Crimes consist of forcible rape, aggravated assault, murder, and any prior results mentioned on this do! A set illinois truth in sentencing statute strict guidelines for a specific period of time the shot inmates early saving! The early release program has caused confusion in courtrooms throughout the state prison has!