Petitioner seeks immediate release from DOC on basis that he has already served his entire sentence, including 2 years of mandatory supervised release (MSR). Court allowed his motion for leave to file habeas corpus complaint or, in the alternative, for order of mandamus. MSR term is included in sentence as a matter of law, and failure to include term in written sentencing order does not on its own invalidate the sentence or any part of it. A prisoner serving concurrent sentences must complete all prison terms, and then MSR terms are to be served concurrently. Petitioner fails to explain why he abandoned his efforts to seek adjustment to sentence, and has not proven his right to have his sentence reconfigured. Thus, Petitioner is not entitled to habeas corpus or mandamus. (KARMEIER, FREEMAN,THOMAS, KILBRIDE, BURKE, and THEIS, concurring.)
Illinois Supreme Court
Civil Court
Mandamus