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Barney v. Prisoner Review Board, No. 85097 (Ill. S.Ct.)

Docket No. 85097-Agenda 16-September 1998.

PAUL BARNEY, Petitioner, v. THE PRISONER REVIEW BOARD et al., Respondents.

Opinion filed December 3, 1998.

JUSTICE HARRISON delivered the opinion of the court:

Petitioner, Paul Barney, filed in this court an original petition for a writ of habeas corpus seeking his release from the Illinois Department of Corrections. The petition is directed against the Prisoner Review Board and the Department of Corrections (collectively, respondents). Petitioner contends that his imprisonment, pursuant to an order of the Prisoner Review Board (Board) revoking his mandatory supervised release, is unlawful and that a writ of habeas corpus should issue for his discharge from custody.

Initially, we note that, prior to oral argument, respondents moved to dismiss this petition on the grounds that it has been rendered moot by the fact petitioner is no longer in the physical custody of the Department of Corrections or subject to mandatory supervised release. This court denied respondents' motion. The issue of whether this court may grant habeas corpus relief from the Board's revocation of mandatory supervised release meets the criteria for application of the public interest exception to the mootness doctrine. See In re E.G., 133 Ill. 2d 98, 105 (1989) (in determining whether a case exhibits the requisite degree of public interest, the court examines the public or private nature of the question presented, the desirability of an authoritative determination for the future guidance of public officers, and the likelihood of future recurrence of the question); see also In re R.D., 212 Ill. App. 3d 691, 694 (1991) (denial of request for habeas corpus relief, although moot, was reviewed because it involved issues of substantial public interest).

This court is authorized by the 1970 Illinois Constitution to exercise original jurisdiction in cases relating to habeas corpus (Ill. Const. 1970, art. VI,