01-2752 U.S. v. Gajdik

Listen to this article

“Gajdik’s successful participation in the Illinois Impact Incarceration program did not operate to ‘suspend’ the remainder of his five-year sentence for burglary. Rather, the procedure more closely resembles a pardon or commutation by the executive. Although an Illinois inmate’s time in the program is probationary in the sense that if he fails to successfully complete the program, ‘his term of imprisonment shall be as set forth by the court in its sentencing order,’ 730 ILCS 5/5-8-1.1(a), the statute does not provide for a probationary period after the inmate completes the program and is released. Moreover, the IDOC, not the court, ultimately determines whether an inmate participates in boot camp and is released early. To participate in the program, the sentencing judge must first approve the defendant for placement in the program after finding that the defendant ‘may meet the eligibility requirements of the [IDOC],’ although the statute does not mandate that the judge actually approve all prima facie-eligible defendants…

Preliminary approval by the judge does not guarantee that the defendant will serve his time in boot camp, however… Additionally, once approved the offender must maintain his eligibility for the program and a positive disciplinary record while awaiting placement.”

Affirmed.

Appeal from the United States District Court for the Central District of Illinois, Mihm, J., Rovner, J.