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Lee v. Findley
State: Illinois
Court: 4th District Appellate
Docket No: 4-04-0973 Rel
Case Date: 09/26/2005

NO. 4-04-0973

IN THE APPELLATE COURT

OF ILLINOIS

FOURTH DISTRICT

FLYNT JULES LEE,
                       Plaintiff-Appellant,
                       v.
CRAIG FINDLEY,
                       Defendant-Appellee.
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Appeal from
Circuit Court of
Vermilion County
No. 04MR79

Honorable
Michael D. Clary,
Judge Presiding.


JUSTICE STEIGMANN delivered the opinion of the court:

In May 2004, plaintiff, Flynt Jules Lee, pro se filed a petition for writ of mandamus relief, alleging that defendant, Craig Findley, chairman of the Prisoner Review Board, failed to perform certain ministerial duties and violated his due-process rights during June 2003 parole-revocation proceedings. In August 2004, Findley filed a motion to dismiss Lee's petition; and in November 2004, the trial court granted Findley's motion. Lee appeals, and we affirm in part, reverse in part, and remand for further proceedings.
 

I. BACKGROUND

Initially, we note that although both parties refer to Lee as having been released on "parole," he had been released on mandatory supervised release. As part of Public Act 80-1099 (Pub. Act 80-1099, eff. February 1, 1978 (1977 Ill. Laws 3264)), which included sweeping changes to the Unified Code of Corrections, the concept of parole was eliminated and mandatory supervised release was created. See 730 ILCS 5/3-3-1 (West 2002) (setting forth the guidelines regarding the establishment and appointment of the Prisoner Review Board); see also 730 ILCS 5/3-3-3(c) (West 2002) (providing that individuals sentenced after the effective date shall be released under mandatory supervised release after serving their determinate sentence minus their accrued credit for good behavior). Nonetheless, because both Lee and Findley use the terms "parole," "parolee," and "parole revocation" in their briefs to this court, we will also use those terms in this decision.

In December 2002, Lee, an inmate at the Shawnee Correctional Center, was released on parole. Lee's parole was subject to a number of conditions, including that he was required to (1) wear an electronic bracelet that monitored his whereabouts and (2) remain at his residence. In April 2003, a State parole agent cited Lee in a parole-violation report. The report indicated that on the afternoon of April 23, 2003, an electronic-monitoring-system company determined that Lee was not at his residence. A company representative telephoned Lee's residence, and an unidentified woman who answered the telephone confirmed that Lee was not there. The representative then notified a state parole agency supervisor about Lee's absence. Shortly thereafter, two parole agents went to Lee's residence and were unable to locate him. Several days later, Lee was arrested for violating three conditions of his parole, in that he failed to (1) notify his parole agent of a change in his residence (condition 9), (2) follow his parole agent's specific instructions (condition 15), and (3) comply with the Prisoner Review Board's orders (condition 16).

Following a June 2003 hearing, a three-member panel of the Prisoner Review Board found that Lee violated the conditions of his parole as alleged. The Board's written order indicated that Lee's parole was revoked based on his violating parole conditions 9, 15, and 16.

Later in June 2003, Lee filed a grievance with Findley, alleging that he had been denied a fair and impartial parole-revocation hearing. In November 2003, Findley, as chairman of the Prisoner Review Board, denied Lee's grievance.

In May 2004, Lee pro se filed a petition for writ of mandamus relief, alleging that the Prisoner Review Board had refused to perform certain ministerial duties despite Lee's "clear entitlement to performance of the specific duties." In particular, the petition alleged that the Board failed to provide Lee with (1) a statement of facts supporting the revocation of his parole and (2) a statement of the evidence the Board relied upon in revoking his parole. Lee's petition also alleged that the Board had denied him (1) an impartial hearing officer and (2) evidence that would have supported his innocence--namely, the transcripts of the recordings made by the electronic-monitoring- system company on April 23, 2003.

In August 2004, Findley filed a motion to dismiss Lee's petition under section 2-615 of the Code of Civil Procedure (Civil Code) (735 ILCS 5/2-615 (West 2002)), arguing that (1) Lee's petition was barred by the doctrine of laches, and (2) Lee had failed to establish a right to the requested relief. (On appeal, Findley has abandoned his laches argument.) Later that month, Lee filed a motion opposing Findley's motion to dismiss. In November 2004, the trial court granted Findley's motion to dismiss.

This pro se appeal followed.

II. ANALYSIS

A. Petition for Mandamus

"Mandamus is an extraordinary remedy to enforce, as a matter of right, 'the performance of official duties by a public officer where no exercise of discretion on his part is involved.'" Lewis E. v. Spagnolo, 186 Ill. 2d 198, 229, 710 N.E.2d 798, 813 (1999), quoting Madden v. Cronson, 114 Ill. 2d 504, 514, 501 N.E.2d 1267, 1272 (1986). A trial court will grant a writ of mandamus "only if a plaintiff establishes a clear, affirmative right to relief, a clear duty of the public official to act, and a clear authority in the public official to comply with the writ." People ex rel. Ryan v. Roe, 201 Ill. 2d 552, 555, 778 N.E.2d 701, 703 (2002).
 

B. The Trial Court's Dismissal of Lee's Claim That
the Prisoner Review Board Denied Him Due Process

Lee argues that the trial court erred by dismissing his claim that the Prisoner Review Board denied him due process when it failed to comply with the United States Supreme Court's decision in Morrissey v. Brewer, 408 U.S. 471, 33 L. Ed. 2d 484, 92 S. Ct. 2593 (1972). Specifically, he contends that his claim stated a cause of action in that it alleged that the Prisoner Review Board failed to provide him with a written statement as to (1) the evidence the Board relied upon in revoking his parole and (2) the Board's reasons for revoking his parole. We agree.

A motion to dismiss under section 2-615 of the Civil Code (735 ILCS 5/2-615 (West 2002)) challenges the legal sufficiency of the complaint. Hynes v. Snyder, 355 Ill. App. 3d 394, 397, 823 N.E.2d 231, 234 (2005). In reviewing a section 2-615 dismissal, we must decide whether the allegations, when construed in the light most favorable to the plaintiff, are sufficient to establish a cause of action upon which relief may be granted. Bajwa v. Metropolitan Life Insurance Co., 208 Ill. 2d 414, 421, 804 N.E.2d 519, 525 (2004). We review de novo a trial court's decision to dismiss a petition for writ of mandamus. Lucas v. Taylor, 349 Ill. App. 3d 995, 998, 812 N.E.2d 72, 75 (2004).

In Morrissey, the Supreme Court held that an individual whose parole is subject to revocation has a protectible liberty interest. (Although the Morrissey Court used the term "parole," its holdings apply with equal force to mandatory supervised release, which is analogous to parole. See People ex rel. Johnson v. Pate, 47 Ill. 2d 172, 174, 265 N.E.2d 144, 146 (1970) (a parolee remains in custody and is subject to the authority of the Parole and Pardon Board (now known as the Prisoner Review Board) until his sentence expires); Barney v. Prisoner Review Board, 184 Ill. 2d 428, 430, 704 N.E.2d 350, 351 (1998) (an individual on mandatory supervised release remains in the legal custody of the Department of Corrections for the duration of his release period); 730 ILCS 5/3-3-7 (West 2002) (setting forth conditions that apply equally to both parolees and releasees).) The Court explained that the revocation of parole "calls for some orderly process, however informal." Morrissey, 408 U.S. at 482, 33 L. Ed. 2d at 495, 92 S. Ct. at 2601. The Court further held that minimum due-process requirements exist at two stages of a typical parole revocation: (1) the arrest of a parolee and the preliminary hearing and (2) the parole-revocation hearing. Morrissey, 408 U.S. at 485-87, 33 L. Ed. 2d at 496-98, 92 S. Ct. at 2602-04. In terms of the revocation-hearing stage, the Morrissey Court held that due process entitles the parolee to the following: (1) written notice of the alleged parole violations; (2) disclosure of the evidence against him; (3) the opportunity to be heard in person and present witnesses and documentary evidence; (4) the right to confront and cross-examine witnesses, unless the hearing body finds good cause for not allowing such confrontation; (5) a neutral and detached hearing body, such as a traditional parole board; and (6) "a written statement by the factfinders as to the evidence relied on and reasons for revoking parole." Morrissey, 408 U.S. at 488-89, 33 L. Ed. 2d at 498-99, 92 S. Ct. at 2604.

In addition, the Illinois legislature has authorized the Prisoner Review Board to promulgate its own rules regarding the conduct of its work. 730 ILCS 5/3-3-2(d) (West 2002). One of the rules adopted by the Board specifically addresses revocation hearings. See 20 Ill. Adm. Code

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