Legal Question in Criminal Law in Illinois
inmate rights
My friend was recently sentenced to 105 days in prison on a drug charge. He was to be released from custody on 12-3-05, but is still incarcerated because of an error on his records which show a January release. This has been corrected and he will be released in a few days. Is there any legal action I can take against the Dept. of Corrections for holding him for more days than he was sentenced to?
1 Answer from Attorneys
Re: inmate rights
Hello. The Illinois Dept. of Corrections acts
contrary to court orders in some situations. In
my opinion, your friend has a claim against the
Dept. of Corrections. It may have to be pursued
on the federal level and there are other issues
that need to be considered when doing this. I
will be happy to answer any more questions that
you might have.
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