Murphy v. Raoul

1. Murphy v. Raoul Challenging indefinite imprisonment in Illinois

3. Alfred Aukema: All time the inmate spends in IDOC waiting for a host site is ‘dead time.’ If a person cannot find a host site that IDOC is able and willing to approve (very difficult), they will serve the entirety of their MSR term behind prison walls. A three-to-life inmate will spend life in IDOC on MSR.

4. How 3-to-Life Works Any person sentenced to prison in Illinois is also sentenced to a period of community supervision called “mandatory supervised release.”

5. How 3-to-Life Works Any person sentenced to prison in Illinois is also sentenced to a period of community supervision called “mandatory supervised release.” MSR is not early release from an incomplete sentence; it’s a separate sentence of community supervision in addition to imprisonment.

6. How 3-to-Life Works Any person sentenced to prison in Illinois is also sentenced to a period of community supervision called “mandatory supervised release.” MSR is not early release from an incomplete sentence; it’s a separate sentence of community supervision in addition to imprisonment. Individuals convicted of many sex offenses receive an indeterminate term of MSR “rang[ing] from a minimum of 3 years to a maximum of natural life.”

7. The Host Site Requirement Anyone who must register has to have an approved host site before they are released on MSR.

8. The Host Site Requirement Anyone who must register has to have an approved host site before they are released on MSR. At all times there are approximately 1,200 – 1,300 people imprisoned in IDOC on “technical violations” of their MSR — almost always inability to find an approved host site.

9. The Host Site Requirement Anyone who must register has to have an approved host site before they are released on MSR. At all times there are approximately 1,200 – 1,300 people imprisoned in IDOC on “technical violations” of their MSR — almost always inability to find an approved host site. Many individuals “max out” their MSR time.

10. The Host Site Requirement But, for people with three-to-life, “the term of extended mandatory supervised release ... shall toll during any period of incarceration.” Because of this tolling provision, the period of MSR never starts to run until the person gets out. Thus, someone who has served his or her entire prison sentence will remain in prison indefinitely if he is unable to identify a host site.

11. Housing Restrictions The IDOC’s parole department has the sole authority to approve host sites.

12. Housing Restrictions Three sources: State Laws IDOC Policies Parole Agent Discretion

13. Housing Restrictions State Law 500 feet from schools, playgrounds, daycares for people convicted of offenses against minors; “near” beaches, movie theaters, parks, swimming pools, or any other places where minor children congregate while on MSR; one registrant per address; electronic home monitoring.

14. Housing Restrictions IDOC Policy one registrant per trailer park; one registrant in adjacent apartment buildings; 500 feet from parks, schools, day care centers, pools, etc. even if the offense did not involve a minor; No Internet, wi-fi, internet accessible devices; No children visit or reside at the address, including the parolee’s own.

15. Housing Restrictions Parole Agent Discretion Presence of children in a nearby house; Presence of dogs or other pets; Children’s items such as toys, books; Photos of minors; A safe, binoculars, a gaming system; ????

16. No Free Housing no halfway houses or transitional housing that will accept someone who has been convicted of a sex offense 24-hour security requirement and other licensing requirements No shelters No work release No free placements at all

17. No Free Housing Deputy Chief of IDOC’s Parole Department: Q: Is it possible for a sex offender with an indeterminate MSR term who, (A) does not have money to pay for his own housing, and, (B) does not have family or friends on the outside who can pay for his housing to ever get out of the Illinois Department of Corrections? A: Never say never, but, ... using those criteria, no.

18. Our Lawsuit We filed a class action suit seeking an injunction on behalf of everyone who was unable to get out of the IDOC due to an inability to find or afford housing.

19. Our Lawsuit Paul Murphy Convicted in 2012 of possession of child pornography. Sentenced to 36 months of probation. This conviction, of course, greatly disrupted Paul’s life – he lost his job and his housing. After 18 months, probation was revoked. He was sentenced to prison with “three to life” MSR. He has been eligible for release since March 2014 but has no host site.

20. Our Lawsuit Claims: Eighth Amendment criminalizes homelessness deliberate indifference grossly disproportionate punishment 

21. Our Lawsuit Claims: Equal Protection we treat the rich differently than we treat the poor

22. Our Lawsuit Claims: Substantive Due Process indefinite imprisonment of people who cannot find housing is not a properly tailored way of advancing state interests in public safety

23. Our Lawsuit Claims: Procedural Due Process lack of notice of why host sites are being denied; lack of opportunity to appeal a denial; undue vagueness in statutory restrictions;

24. Outcome District Judge Virginia Kendall granted summary judgment in our clients’ favor on their equal protection and eighth amendment claims.

25. Outcome District Judge Virginia Kendall granted summary judgment in our clients’ favor on their equal protection and eighth amendment claims Set for trial on the claim of whether there is an adequate review process for denials of host sites. 

26. Judge Kendall: The defendants have created separate consequences for indigent, homeless sex offenders and for non-indigent, non-homeless sex offenders. Only those who have no financial resources suffer a continued deprivation of liberty following the completion of their court-ordered term of incarceration for the original sex offense. The defendants are punishing the plaintiffs for their indigency and homelessness, matters totally beyond their control.

27. Solutions

28. Solutions Proposed Solutions: Don’t apply “child” specific restrictions to people who committed an offense against an adult

29. Solutions Proposed Solutions: Eliminate the one-registrant per address rule

30. Solutions Proposed Solutions: Eliminate the duplicative GPS and Electronic Home Detention programs The requirement of “home detention” requires a home Let people use shelters as their address with GPS monitoring

31. Solutions Proposed Solutions: Give reasons in writing and give an opportunity to appeal denials

32. Solutions Proposed Solutions: Make free transitional housing available We suggested that the IDOC re-direct the money it spends on incarceration to transitional housing Close a prison and use those funds for community supervision Make it easier and less expensive to operate a half-way house

33. Next Steps

34. Next Steps • Unreasonable parole restrictions: • Child contact • Internet access

35. Next Steps Excessive Discretion of Parole Agents

36. Next Steps How to terminate indefinite supervision?

37. Next Steps individuals released from civil commitment and individuals without indeterminate supervision who can’t find housing