Cordrey v. Illinois Prisoner Review Board
2014 IL 117155
Ill.2014Background
- Cordrey was sentenced in 1993 to 36 years for aggravated criminal sexual assault and 30 years for aggravated kidnapping, plus a 3-year MSR term.
- In 2012 the Prisoner Review Board imposed MSR conditions, including counseling, victim contact prohibition, biweekly parole officer visits, victim registration, electronic monitoring, and GPS monitoring recommended.
- Cordrey was to begin MSR on April 12, 2013, but a parole violation report stated no suitable host site existed for electronic monitoring.
- Cordrey filed a pro se petition for writs; after proceedings, counsel filed a mandamus/habeas petition with amicus support from multiple organizations.
- The court concluded the case was moot but fit the public-interest exception to mootness and then held mandamus was inappropriate and denied the writ.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the case is moot and falls within the public-interest exception | Cordrey.CONTENDS mootness should be avoided under public-interest exception. | Respondents argue mootness precludes relief since Cordrey was released. | Yes; public-interest exception applies and merits may be addressed. |
| Whether Cordrey has a clear right to mandamus to release him for MSR at a suitable host site | Cordrey asserts a right to release based on due process/equal protection. | Respondents contend authority lies with PRB/Corrections to set/monitor MSR; no duty to release without housing. | No clear right or duty to order release where no suitable host site exists. |
| Whether indigency-based denial of MSR constitutes due process/equal protection violation | Indigency should not bar MSR release; Bearden-like protections apply. | State interest in housing/conditions governs MSR; lack of housing is not a forbidden factor. | Record insufficient to show violation; Bearden factors not established on the record. |
Key Cases Cited
- Griffin v. Illinois, 351 U.S. 12 (374 U.S. (1956)) (due process/equal protection concerns in indigent circumstances)
- Williams v. Illinois, 399 U.S. 235 (1970) (indigency considerations in punishment/sentencing)
- Bearden v. Georgia, 461 U.S. 660 (1983) (indigent status and probation/fines; due process/equal protection analysis)
- Morrissey v. Brewer, 408 U.S. 471 (1972) (parole as a liberty interest; due process protections)
- Gagnon v. Scarpelli, 411 U.S. 778 (1973) (due process in revocation of probation)
- Bearden v. Georgia, 461 U.S. 660 (1983) ((Follow-up) indigence considerations in sentencing/probation)
- Holly v. Montes, 231 Ill. 2d 153 (2008) (public-interest mootness exception for MSR-related issues)
- In re J.B., 204 Ill. 2d 382 (2003) (public interest and mootness framework for Illinois cases)
- Snyder v. Madigan, 208 Ill. 2d 457 (2004) (mandamus standards; no adequate remedy)