Federal Judge: Continuing incarceration beyond the sentence in Illinois is unconstitutional; NARSOL’s IL affiliate quoted

By Max Green . . . A federal judge in Chicago has found the Illinois Department of Corrections is violating the constitutional rights of prisoners convicted of certain sex crimes by making the restrictions on where they can live so stringent that inmates are often locked up long beyond their sentences.

In a ruling issued Sunday, Judge Virginia Kendall wrote that hundreds of offenders in the state’s prison system successfully complete their entire court-ordered sentences yet remain behind bars indefinitely. Kendall found the corrections department is depriving them of fundamental rights, and if they had money and support, they’d be able to leave and begin serving out what’s called “mandatory supervised release.”

Mark Weinberg, an attorney for the plaintiffs, said the decision could mean relief for hundreds of people who have been in prison even though they’ve served their time.

“A plaintiff of mine called me [today] to say it’s the talk of the prison,” he said. “There are ways to protect public safety but holding people in prison long after their sentences are over isn’t the proper way to do it.”

In 2017, WBEZ visited and spoke with J.D. Lindenmeier, one of the plaintiffs in the case. At that time, Lindenmeier had been behind bars six years past his court-ordered release date. But he’s still in prison today, a total of eight years beyond his sentence because he can’t find a place to live that complies with the state’s requirements.

Prisoners call the time they serve beyond their sentences — often many years — “dead time.”

Read the full piece here at WBEZ News.

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This topic contains 18 replies, has 2 voices, and was last updated by Avatar Mike 4 days, 21 hours ago.

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  • #54094 Reply
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    admin

    By Max Green . . . A federal judge in Chicago has found the Illinois Department of Corrections is violating the constitutional rights of prisoners con
    [See the full post at: Federal Judge: Continuing incarceration beyond the sentence in Illinois is unconstitutional]

  • #54120 Reply
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    d

    Would not these guys be able to sue since it is unconstitutional and a violation of their rights, and then use the money to hire a lawyer and get out? Why is the state not providing a lawyer for them?

  • #54127 Reply
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    TS

    I hope there is an recompense effort for those who suffered under this. It is ludicrous to hold people in such a fashion.

  • #54187 Reply
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    Anthony

    Call it what it really is! Illegal sanctioned kidnapping under the guise of a administrative rule or slanted law.

  • #54192 Reply
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    WC_TN

    This is a wonderful ruling, but the court needs to force the prison to release all those men and women who have been held illegally beyond their sentence expiration. You know the state will be sour grapes and likely drag its feet as slow as it can “finding and identifying” the ones who are to be released.

  • #54213 Reply
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    Timothy

    Yes the court ruled but that doesn’t mean much. See Michigan.

    • #54393 Reply
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      WC_TN

      I’m curious as to what effect the ultimate outcome of this new class-action lawsuit will have throughout the 6th Circuit’s jurisdiction. If the whole ball of wax gets ruled unconstitutional as it was argued from MI state’s own newly elected A.G. in her amicus brief, what will that mean for the rest of the 6th circuit?

    • #54394 Reply
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      Peter Carr

      My son was given 5yrs to life for something he did not do, he is now in the 9th year of a LIFE sentence because he will not take their classes and admit to being a child molestor. He will not come out and be branded on the outside and be oustracized. He is at a standstill with the justice system and is now in prison for LIFE He was just lately assaulted by his cellmate fractured a vertebrae and was refused any medical treatment. This would not happen in North Korea!

  • #54248 Reply
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    Minor American

    Of course it is !!!! Does someone really have to spell that out !!! The fear factor and rules, regulations, and policies @ that entangled Civil and Constitutional laws in an unjust fashion is beyond being allowed in the first place much less the obvious lies to cover up the blatant flaws and violations of individuals rights to live free and without penalties! !! Duuhhh !!!

  • #54246 Reply
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    TS

    Is there going to be an effort to fight the residency restrictions then since it has now been shown to be punitive here?

  • #54396 Reply
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    Peter Carr

    My son got 5yrs to LIFE for something he did not do, he is now on the 9th year of a LIFE sentence because he will not take classes and will not admit to a child molestation charge. He feels that by taking the classes he is admitting guilt and that he cannot function in society with this brand on him. Only in America would this happen, it would not happen in North Korea. He is now in a standoff with the DOJ.

  • #54397 Reply
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    derek shepard

    Sounds kind of like the civil commitment scenario that most states allow. Have two hired guns from the DAs office say your dangerous and they give you a life sentence because they think you might commit a crime in the future!
    Where’s the crystal ball 🔮?

  • #54547 Reply
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    AC

    I don’t doubt for a second that ordinance resulting in extra jail time violates the U. S. constitution; nor do I dismiss that it was honorable of a federal judge to strike it down because of said-unconstitutionality. The more pertinent question at hand is: why was this BLATANTLY obvious unlawful ordinance put into place to begin with?

    Answer: Politicians deliberately push for unnecessary sex offense laws and ordinances, knowing well that the state will be sued for it, in order to distract and deter the bigger issue from being addressed, which is the following:

    A lot of sex offense laws, including some pertaining to minors, should not even BE laws to begin with. (Politicians individually and privately KNOW this!)

    Politicians know these sex offense restrictions and ordinances will be struck down through lawsuit. They write these restrictions and ordinance for this very reason. By adding spikes (restrictions and ordinances) onto the already poisonous giant cactus (oppressive laws banning consensual sex between adults and SOME minors) , they can swindle us to focus inefficiently on attacking the spikes, causing us to forget the mission of chopping down the whole overwhelming cactus: By causing our advocacy focus on residency restrictions and ordinances, they can make us falsely feel like we’re moving mountains towards sex offender rights, all the while making REAL efforts to bring about REAL sex offender rights through Supreme Court modification or obliteration of oppressive federal Age of Consent and child sex offense laws seem too large and too unobtainable.

    Politicians know that sex offense laws, in the way that they are written, don’t actually protect the public. They know it’s about the money.

  • #54878 Reply
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    Timothy

    Locking folks up after original ordered sentence completion via “civil commitment” by jury was clearly intentionally punitive, but approved by elites in SCOTUS and all 51 states! Clearly that real underlying INTENT was bound to spread into criminal sanctions increasing in prison settings. The problem rests in intent, which was glossed over in the original question before the high court. Much time was devoted to the ” presumed effects” by attorneys but exerting NO RECORD of said effects. Much of the hypothetical asserted then (Otte v.) turned out ACCURATE and Affirmative. ( Packingham) but nevertheless INTENT behind the uses of online database broadcasts was more about those tools used opposed the men afflicted with plain indenture to machine upkeep.

  • #54914 Reply
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    Sharyn Ferrie

    Does the new ruling mean that the former restrictions are no longer going to keep offenders from going to homes that had previously been denied because of the Internet in the home, kids pictures or artwork, home daycare centers over a block away, etc?

  • #55646 Reply
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    Mike

    ONLINE SEX STING
    This is yet more proof that online stings are run by the very perverts they want to believe that they are “protecting” kids from…these sicko cops pretend to be children to entrap men into asking for sex. Here is a recent sting operation that the police in Florida are so proud of.

    NOTE that NOT a single registered sex offender was caught…however, one of the very policemen that participated in these stings deceiving others and trapping them was himself caught! Think he will end up registering as a sex offender…neither do I BUT the point is that these sort of entrapments do not nab registered sex offenders…you know…they ones that the government claims need to be watched and every move monitored.

    Polk’s Sheriff Grady Judd says he got one of his own guys (more will certainly follow). Perhaps he should watch his men instead of so called registered sex offenders. Of course part of his job is to create more “sex offenders” to add to Florida’s inflated registry. Well done…keep it up and soon all your men will be locked up…problem solved.

    During his latest crackdown, dubbed “Operation No Tricks, No Treats,” his deputies arrested Sgt. Luis Diaz, a 17-year veteran of the force. During that time, Diaz had taken part in undercover operations just like the one he was nabbed in. Sounds like rather a moron if you ask me.

  • #56199 Reply
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    Scott

    Any updates on this?

    • #57861 Reply
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      Robin Moore

      Scott the case is in settlement conference now, this the third continuance next court date is 8/23/2019 maybe some conclusions will happen then..

  • #58003 Reply
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    Mike

    Wow i can’t believe how bad this country has gotten. There needs to be laws written to the effect that if any lawyer prosecute because they Think its abuse an offense, judges who allow a case to continue after arraignment if there’s law broken, legislatures & senators who create laws that are unconstitutional, all of them need to be punished in some way then they will think twice and make sure it is legal or illegal, just like i read about a lawyer who tried to prosecute a mother for spanking her child with her flip flop and all 12 jurors said no she didn’t break any laws the mother won but she had to pay thousands of dollars on attorneys fees and she lost job because it, and just like my case in which it was a sting but in none of the text or audio there is Nothing about me wanting anything sexual what so ever but yet i was arrested and the judge allowed it to continue, it was about a guy who 14yrs old didn’t know what to do because he’s gay but he’s afraid of what his dad and mother would say and do and what about his friends, and thats what i was trying to help him with because a friend in high school was in the same situation but he didn’t reach out to nobody, he committed suicide. I didn’t want to hear about something like that again. That was hard to deal with my friend. There was no pictures trade because thats not what is was about, but the cops arrested me anyways the judge allowed it to continue and on top of all that my lawyer and prosecutor played games, lawyer told me he’s gonna do this n that and didn’t then just before last court my lawyer told me the prosecutor she wants 4yrs prison but he talked her to 1yr and i didn’t want to take it because I’m innocent and he said well you don’t want to go to court because the detective will take the stand and who do you think there gonna believe a detective or you. That scared me because i also believe the entire jury would never believe from the moment they hear it’s a sex offence case. I paid a lawyer from out of town to look at my case after i got out and he said there’s no mention anything of me wanting anything sexual but it would cost twenty five thousand dollars to get it set aside and two thousand every day we’re in court, i don’t have that kind of money, there’s no punishment for any of them so it don’t matter to them. In counciling after jail they polygraph and i passed it. There needs to be laws for this type of stuff.

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