Defendant pled guilty to aggravated criminal sexual assault and filed a section 2-1401 petition challenging his mandatory supervisory release term, arguing that the Prisoner Review Board is unconstitutionally exercising judicial functions in its administration of MSR. The appellate court disagreed and found that the supervision of MSR is consistent with the executive function of prison administration and that setting the release date “represents no more than the executive’s long-recognized ability to bestow grace on parolees who comply with the terms of parole.” The appellate court further found, however, that the trial court erred in imposing fees and costs for the filing of a frivolous petition and vacated the order imposing fees and costs. (WALKER, concurring and COGHLAN, specially concurring, with opinion)
Illinois Appellate Court
Criminal Court
Mandatory Supervised Release