The Illinois department of Corrections has given me house arrest as one of my parole terms. I understand that I am still under supervision of IDOC and have no say that they keep me on HA. I am only wondering how I go about a grievence, and to try to get the house arrest lifted. I did every evaluation, (drug, anger management, psycological) and was told I did not fit the criteria for any of them). I have been working fifty hour weeks for seven months, passed all drug screenings, and lived up to every end of the bargain. I ask my Parole officer and she tells me she can not do anything. I want to know do I need legal representation to go above her. I do not wish to go back seeing this may be a stupid move. I have been on for ten months now and I fear its starting to mentaly damage me.
Criminal Defense Attorney
For a class 2 felony you must serve 2 years of mandatory supervised release, what used to be called parole. During this period you can be required to undergo house arrest, ankle monitoring, or just about any other condition that DOC wishes to impose. However, the terms must be listed in your MSR agreement. If this condition was not listed, then it can be overridden, If it was listed as a term of your MSR in the document which you signed, then you will just have to serve out the duration of your 2 years. Look at your MSR agreement for this answer. You were provided a copy upon your release. If you can't find yours, then your parole officer will have a copy as well.
Criminal Defense Attorney
House arrest is generally considered a valid sanction or remedy to a parole violation. The length is not indefinite, but is limited to the two years of mandatory supervised release. In terms of fighting the issue consider that the parole violation could also end with a return to the department of corrections.
Check your parole agreement you received upon discharge. It contains the potential remedies plus usually something along the lines of "administrative sanctions" which can cover house arrest. If not, you may be able to challenge the house arrest. Short of that, it is unlikely you would succeed in a challenge.
Please understand that answering this doesn’t create an attorney/client relationship between us, and as hard as I try to answer your question well, it isn’t legal advice. No matter how much information you put into a question, the answers you are going to get are still going to be vague. It is in your interest to contact a lawyer, most of whom will do a free consultation. Even 15 minutes with a lawyer is going to produce a more specific answer to your problem.