Hynes v. Snyder
Case Date: 02/02/2005
Court: 2nd District Appellate
Docket No: 2-04-0251 Rel
APPELLATE COURT OF ILLINOIS SECOND DISTRICT
PRESIDING JUSTICE O'MALLEY delivered the opinion of the court: Plaintiff, Mike Hynes, a former inmate at the Stateville Correctional Center, filed a complaintfor mandamus in the circuit court of Lee County. At the time Hynes filed his complaint, DonaldSnyder, Jr., was the director of the Department of Corrections (DOC), and in his complaint Hynessought, among other things, to compel Snyder, in his official capacity, to provide information. Specifically, Hynes wanted to know the factual basis for the refusal of his request for restoration of"good conduct" credits. The circuit court dismissed Hynes' claim pursuant to section 2--615 of theCode of Civil Procedure (Code) (735 ILCS 5/2--615 (West 2002)), and he appeals. He argues thatthe applicable statute entitles him to the information he seeks. We agree. Thus, we reverse andremand. I. BACKGROUND Illinois law entitles prison inmates to statutory good conduct credits (credits). See 730 ILCS5/3--6--3 (West 2002). These credits reduce the sentence of the recipient inmate and theiraccumulation may entitle the inmate to early release. 730 ILCS 5/3--6--3 (West 2002). However,if after receipt of these credits an inmate engages in misconduct, his credits may be revoked and hissentence thereby increased from what it would have been had he retained those credits. See 20 Ill.Adm. Code |