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*** UPDATED x2 - IDOC responds *** Rauner going all-in on prison-related issues

Tuesday, Sep 23, 2014 - Posted by Rich Miller

*** UPDATE 1 *** The Department of Corrections’ spokesman just called to say state statutes are the reason why alleged child murderer Derrick Allmon was released from prison. This has, the spokesman said, “Nothing to do” with early release. More in a bit.

*** UPDATE 2 *** From IDOC…

· The only reason Allmon was out of prison is because State law required Allmon to serve 50% of his sentence, with good behavior-which he did. Again, State law, not IDOC’s discretion or any policy of any one individual.

    · [Allmon served 21 months of a 42-month (3 ½ years) sentence, not “18 months,” as Superintendent McCarthy stated]

    · IDOC and no authority could keep him in prison. Not legally permitted after he served 50% of sentence.
    · Allmon received no early-release program time credit
    · Allmon was not even eligible for IDOC program time-credit under the strict guidelines of the program
    · Based on the sentence given to him by the courts, he was paroled when we were legally required to release him
    · Allmon was convicted of a Class 2 felony. Class 2 felonies, by law, require that the incarceration period be 50% of the sentence, if the inmate practiced good behavior, which Allmon did while in IDOC.
    · The parole board (Prisoner Review Board, PRB) is separate from IDOC and uses no early-release program. It is required by law to consider Class 2 felonies for parole after 50% of sentence is served with good behavior.
    · PRB thus paroled Allmon, with restructions, which IDOC Parole Division enforced.

[ *** End Of Updates *** ]

* From the Bruce Rauner campaign…

Governor, why was Antonio Smith’s killer on the street? Pat Quinn needs to answer for his violent criminal parole policies

This morning, Chicago Sun-Times columnist Mary Mitchell poses a simple question: why was the man accused of killing 9-year-old Antonio Smith on the street?

* From Mitchell’s column

I don’t get why the man accused of killing 9-year-old Antonio Smith was on the street.

Derrick Allmon, 19, had already been convicted for “aggravated unlawful use of a weapon by a gang member” and was on parole.

He served 21 months of a three-year sentence and was released on electronic monitoring in August. […]

(T)wo other suspects are accused of committing a new crime while on electronic monitoring.

David Jordan, one of the men accused in the 20-hour hostage standoff in Harvey last month, also was on parole from IDOC and on electronic monitoring.

And Aaron Parks, the 17-year-old recently accused of sexually assaulting a Roseland college student, was on electronic monitoring awaiting sentencing for another violent crime.

In Parks’ case, a juvenile probation officer was suspended after it was discovered that “procedures were not followed.”

* Back to the Rauner campaign…

It’s the same question Chicago Police Superintendent Gerry McCarthy alluded to during a press conference last Friday – a question that Pat Quinn doesn’t want being asked:

* Tribune

At the Friday news conference, McCarthy said Allmon shouldn’t have been on the streets at all.

“The real kicker to this entire case is that it didn’t have to happen,” McCarthy said.

Allmon, who police say has the word “Blessed” tattooed across his chest, had just been paroled from state prison in early August after serving about 1½ years of a 3½-year sentence on a weapons conviction, according to McCarthy.

* Rauner campaign…

We have many questions about this case – and other cases too. But today, let’s hear Pat Quinn’s answer to the most basic question everyone is asking: why was Antonio Smith’s killer back on the street?

* Meanwhile, Gov. Quinn’s campaign is attempting to raise money off of Rauner’s new TV ad that bashes Quinn for his administration’s botched 2009 early release program…

This is the worst one yet.

Bruce Rauner has a new attack ad up that falsely accuses the Governor of “secretly” releasing prisoners early, and tries to link the Governor to sexual assault and murder.

We can’t just sit back and let Rauner spread this crap.

Chip in $5 or more today to fight back against this disgusting attack.

We saw this same attack from Republicans more than four years ago. It wasn’t true then, and it isn’t true now.

Governor Quinn didn’t authorize a single early release — in fact, the very day he found out about the program, he shut it down.

If we don’t respond now, you can bet Rauner’s attacks will get even worse. We’ve got to punch back, right now.

Chip in $5 or more to do just that:

https://www.quinnforillinois.com/get-the-governors-back

Thank you for having the Governor’s back.

Lou

Lou Bertuca
Campaign Manager
Quinn for Illinois

* The Rauner campaign responds with a “fact check”…

When The Associated Press First Asked About Quinn’s Early Release Program (MGT Push), His Office Defended The Program. “When The Associated Press first disclosed MGT Push, Quinn’s office defended it. Then Quinn halted the program. Later, he said he had known about it but ordered the department not to include violent offenders. On Wednesday, he said he didn’t know about it until reading the AP story. (John O’Connor, “Analysis: Questions Remain About Inmate Release,” The Associated Press, 1/2/10)

On December 16, 2009, Quinn Told The Associated Press That He Knew About MGT Push Before It Went Into Effect In September. “Illinois Gov. Pat Quinn says he knew ahead of time that his Corrections Department planned to begin releasing some prisoners after just a few days behind bars. But Quinn wouldn’t explain Wednesday why he halted the practice after The Associated Press reported the release of hundreds of inmates including some convicted of violent crimes.” (”Quinn Says He Knew About Prison Release Program,” The Associated Press, 12/16/09)

On December 30, 2009, Quinn Claimed He Didn’t Learn About MGT Push Until Reading About It In The Newspapers. “Quinn maintained Wednesday that he didn’t know about the MGT Push program until reading the Associated Press story about it. That contradicts a statement Dec. 16 that he did know about it. Either way, it does not explain why his office defended the policy change when the AP initially asked about it.” (John O’Connor, “Quinn: Ill. Early Secret Prison Release A Mistake,” The Associated Press, 12/31/09)

I’m hearing that the Quinn campaign has a response ad up on this issue, but I don’t yet have it. I’ll post it when I get it.

* In related news

The warden of Dixon Correctional Center is on paid administrative leave during an investigation into something the Illinois Department of Corrections was made aware of Friday, an IDOC spokesman confirmed Monday.

Nedra Chandler was escorted off prison grounds Friday and given a ride home after surrendering her state-issued car, which is standard IDOC procedure, department spokesman Tom Shaer said.

Timing is everything.

       

39 Comments
  1. - foster brooks - Tuesday, Sep 23, 14 @ 9:34 am:

    I’m surprised he doesn’t bring up the hundreds of work comp claims at Menard.


  2. - Cassiopeia - Tuesday, Sep 23, 14 @ 9:38 am:

    This line of attack by Rauner has teeth and legs.

    Plus its all true.


  3. - Gage Park - Tuesday, Sep 23, 14 @ 9:40 am:

    Take this story + fact that 90% of Cook County Jail inmates are awaiting trial and you end up w/ the realization that the jail’s problems will remain the same.

    www.wgntv.com/2014/6/11/stuck-in-cook-county-jail/


  4. - Irked - Tuesday, Sep 23, 14 @ 9:40 am:

    It reads more like the Associated Press was playing fast and loose with some muddy timing and uncoordinated reporting, rather than that Quinn did anything.

    This issue was already successfully defended against many years ago- anyone who heard about it then isn’t going to change their vote in November, and anyone who didn’t hear about it then isn’t paying more attention now.. Or voting.

    The Rauner campaign is trying to set a sunken boat on fire. It’s not likely going to work.


  5. - Try-4-Truth - Tuesday, Sep 23, 14 @ 9:41 am:

    This may work, but it happened before the election in 2010. Voters were aware, and voted to give Quinn 4 more years. If done right, it may hurt Quinn, but I’m not so sure. We’ll see, I guess.


  6. - leprechaun - Tuesday, Sep 23, 14 @ 9:42 am:

    If they run adds tying these early release problems to the NRI, Quinn could take a hit. Imagine a add, if money was spent properly we would have less violence on the streets…..


  7. - OneMan - Tuesday, Sep 23, 14 @ 9:48 am:

    So state statute requires he be released on parole?


  8. - Oswego Willy - Tuesday, Sep 23, 14 @ 9:50 am:

    ===If they run adds tying these early release problems to the NRI, Quinn could take a hit. Imagine a add, if money was spent properly we would have less violence on the streets…..===

    Too many dots for a :30 spot.

    It’s has impact, but it is about 3-4 months too late to have an ongoing narrative not a 40 day out, “hope it makes hay”
    Ad.

    Saw the rebuttal prison Ad of Quinn’s at about 5 am this morning. It’s “fair”, not great or awful.


  9. - Winning with Sheen - Tuesday, Sep 23, 14 @ 9:53 am:

    So wait, instead of responding to releasing murderers early that resulted in more murder; Quinn’s people want to raise money off of the issue. Hey Lou, take your head out if your ….highho.


  10. - walker - Tuesday, Sep 23, 14 @ 9:54 am:

    This one might not resonate, as too negative and cliche — been there, done that.

    Everyone I have talked to calls it “the Willy Horton ad.” Most just write it off as a typical slimy campaign attack, not to be especially believed. Could be wrong.

    The best ad would start with the line “Is this how Quinn fights crime in our streets?” and links to both the early prison releases and the hinky grant to prevent violence.


  11. - Louis G Atsaves - Tuesday, Sep 23, 14 @ 9:56 am:

    Google suspect Allmon’s name and you discover that this has become a strong national news story.


  12. - Louis G Atsaves - Tuesday, Sep 23, 14 @ 9:56 am:

    Allmon’s quote he short a “shorty” seems to be in all those national news articles.


  13. - Levi - Tuesday, Sep 23, 14 @ 10:00 am:

    Folks,

    Illinois hasn’t had parole in decades. What we have now, thanks to truth-in-sentencing laws, is mandatory supervised release — MSR. If you are convicted of a Class X felony, you serve three years of MSR after getting out, during which you are still under the supervision of the state but are out in the community. If you’re a Class 3 or 4 felon, you serve one year of MSR. This is, as the name suggests, mandated by statute.

    So are release times. Some crimes are so-called 50 percent crimes; by statute, offenders doing time for these crimes have to be released after they’ve served 50 percent of their sentences, absent some extenuating circumstances not at issue here. Some crimes are 85 percent crimes, and then murder is a 100-percent crime. This scheme is what people wanted back in the tough-on-crime 1990s. They didn’t want parole boards having discretion to let some people out earlier. They didn’t want unequal treatment for offenders. They wanted to know exactly


  14. - Amalia - Tuesday, Sep 23, 14 @ 10:01 am:

    Quinn people have to solve the problem of convict/released/big crime committed, whatever the timing, cases years ago, cases now. this is standard issue campaign stuff. it’s also standard issue criminal justice stuff…..bad people will continue to do bad things, it’s not like the politician did it, it’s just that the time of crime was when the guy should have still been in. it cuts to the perception of an inability to deal with crime. find another way to deal with crime to blot out the early release issue.


  15. - truthteller - Tuesday, Sep 23, 14 @ 10:01 am:

    Nobody wants prisoners released until they have to figure out where to house them and how to pay for them. Will Rauner open prisons that are shut and change parole rules so it is more difficult to be released? Did he discuss his plan with the African-American clergy who have endorsed him? And how will he pay to house the larger number of inmates? Just asking.


  16. - Winning with Sheen - Tuesday, Sep 23, 14 @ 10:06 am:

    Quinnsters, what would Dan Hynes say?


  17. - Belle - Tuesday, Sep 23, 14 @ 10:07 am:

    I’m hearing about a lot of slime ads both FL and WI. I guess it’s time for IL to travel down that path too.
    The release wasn’t good for Quinn. Whoever picked the prisoners to be released, was not not well-informed. Aren’t there plenty of dudes in there for selling pot? Let them out ahead of the murderers.


  18. - Levi - Tuesday, Sep 23, 14 @ 10:07 am:

    …when the guy was going to get out, and to know it the day he went in. Hence, “truth-in-sentencing.” So, you get certainty and remove discretion. But with discretion, you also remove the ability to blame the governor or prison officials when someone on MSR, or someone who’s finished MSR, commits a crime.

    The early release program was meant to save money and reduce overcrowding by speeding release for some offenders not ostensibly violent based on their records. People upset about that ought to lobby the General Assembly either to raise taxes to build and staff more prisons or to decriminalize some behavior to stem the prison population. But you can’t tie the governor’s fiscal hands and then pitch a fit when he can’t swim.


  19. - OneMan - Tuesday, Sep 23, 14 @ 10:09 am:

    What am I missing in the IDOC statement, were they required to release him after 50% or was it just required that he be given a shot at parole?


  20. - wordslinger - Tuesday, Sep 23, 14 @ 10:10 am:

    The early release program is fair game. It’s five years old, but still fair game if you want to roll that way.

    The Rauner campaign exploitation of the Allmon case is despicable. Parole in this case was set by state statute, not “Pat Quinn’s violent criminal parole policies.”

    They know that.


  21. - Ducky LaMoore - Tuesday, Sep 23, 14 @ 10:10 am:

    Sometimes Illinois politics feels like an episode of the Simpsons….

    https://www.youtube.com/watch?v=Vey7GKNpl4Q


  22. - Levi - Tuesday, Sep 23, 14 @ 10:11 am:

    OneMan, they were required to release him. There is no parole for post-1998 offenders.


  23. - Downstate Illinois - Tuesday, Sep 23, 14 @ 10:13 am:

    The real scandal is why violent criminals serve less than half their sentence then go back out on the street where they kill people and shoot cops.


  24. - A Jack - Tuesday, Sep 23, 14 @ 10:27 am:

    So Rauner doesn’t think the law should apply to the Governor and that the governor should keep the guy in prison after the law says he must be released. Rauner sure sounds like an autocratic ruler to me. Perhaps he would be happier buying his own kingdom in the Carribean.


  25. - W.S. Walcott - Tuesday, Sep 23, 14 @ 10:28 am:

    Are the typos in the IDOC response credited to IDOC or part of a mixup in posting?


  26. - Irked - Tuesday, Sep 23, 14 @ 10:30 am:

    -A Jack-

    Oh, let’s not kid ourselves. Rauner ALREADY owns his own kingdom somewhere in the Caymen Islands.


  27. - Del Clinkton - Tuesday, Sep 23, 14 @ 10:44 am:

    The REAL scandal is the billions and billions we continue to spend on the War on Drugs.

    Does Bruce have a solution for this for the State of Illinois?


  28. - Demoralized - Tuesday, Sep 23, 14 @ 10:57 am:

    I know the general public won’t get the distinction in this case but it seems like Rauner’s camp could have picked another example besides some guy who Pat Quinn had nothing to do with releasing and who was paroled under the provision of state law. Surely there were other examples out there that actually fit within the group released under the early release program.


  29. - Anyone Remember - Tuesday, Sep 23, 14 @ 11:07 am:

    Downstate Illinois
    =The real scandal is why violent criminals serve less than half their sentence then go back out on the street where they kill people and shoot cops.=

    To slightly alter a James Carville quote … “Its the lack of money, silly!” To keep criminals like Derrick Allmon in prison for their entire sentence would require another tax increase, the total elimination of some social programs, or reneging on the financial obligations of the pension ramp-up law. It won’t be cheap!


  30. - PolPal56 - Tuesday, Sep 23, 14 @ 11:18 am:

    Rauner’s crew is committing unforced errors. They’ve had all spring and summer to research and plan, but one would think they’ d just sat down the first of August and said, “Okay, anyone have any ideas?”

    And I mean about anything - the campaign, oppo research, policy, anything.


  31. - zatoichi - Tuesday, Sep 23, 14 @ 11:37 am:

    How does this become Quinn’s problem when the law specifically says what the sentencing process will be? Want Allmon to still be in jail? Build more jails and prisons. The old classic I want all this stuff, do not ask me to pay for it, but I reserve the right to get really upset when something goes wrong. So as taxes drop to 3.75% what part of education, human services, and health gets cut to keep Allmon locked up?


  32. - Yellow Dog Democrat - Tuesday, Sep 23, 14 @ 12:35 pm:

    The comment by McCarthy was just plain irresponsible.

    “The real kicker…is that it didn’t have to happen.”

    Congratulations. You just described every murder.

    These offenders are all on probation.

    Monitoring probation is the responsibility of Cook County, not IDOC, correct?

    So, why are people calling IDOC?


  33. - Yellow Dog Democrat - Tuesday, Sep 23, 14 @ 12:41 pm:

    @PolPal56 -

    They were probably trying very hard to avoid doing a complete Willie Horton ad by putting a face on this attack themselves.

    In my view, this is just an attempt to backdoor into Willie Horton.

    What they want is 10 pm news stories with a picture of Pat Quinn next to a mug shot of Antonio Smith and the words “murder” and “nine year old”.

    It doesn’t matter if the charge is true. Actually, they don’t care if reporters say it as false. As long as they put Quinn’s face next to the face of a black man charged with murder on the news, it is a ‘win.’

    It is all so transparent, I can’t believe no one is calling them out on it.


  34. - MrJM - Tuesday, Sep 23, 14 @ 12:56 pm:

    “The only reason Allmon was out of prison is because State law required Allmon to serve 50% of his sentence, with good behavior-which he did. Again, State law, not IDOC’s discretion or any policy of any one individual.”

    Bruce Rauner: Ignorant, dishonest or both.

    – MrJM


  35. - Amalia - Tuesday, Sep 23, 14 @ 1:36 pm:

    time to do a list of all the facts Rauner has wrong. they got this one wrong. they are incompetent. and playing with the fire of the murder of a child.


  36. - girllawyer - Tuesday, Sep 23, 14 @ 2:41 pm:

    Levi’s statement is mostly correct except this is about “determinate sentencing” which changed in the 70s, not “truth in sentencing” which came along in the 90s and provided that certain very serious crimes require that the defendant serve 85%, not the 50% required of most crimes. But, Levi’s main point is absolutely correct: the law sets how much of a sentence must be served and when the required part of the sentence has been served, out he goes. The only exception is for sex offenders - the worst of them can be committed as Sexually Violent Persons. But that’s just a tiny fraction of sex offenders. The whole system could be dumped and we could return to the olden days of “indeterminate sentencing” (ie 25-life like on TV) but short of that, there isn’t a darned thing the governor can do about people getting out of prison after serving half their sentence.


  37. - bill ryan - Tuesday, Sep 23, 14 @ 4:27 pm:

    njm the more rauner talks i say ignorant, dishonest both


  38. - low level - Tuesday, Sep 23, 14 @ 5:05 pm:

    Or just plain dumb


  39. - W.S. Walcott - Tuesday, Sep 23, 14 @ 5:30 pm:

    Timing IS everything.

    http://www.myfoxchicago.com/story/26608483/inmate-escapes-from-vandalia-illinois-prison


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