Right to counsel for parole review hearings
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Legislation, Issues Related to Incarcerated People
Indigent incarcerated individuals may file a petition for parole review with the Prisoner Review Board three years prior to their eligibility. 730 ILCS 5/5-4.5-11(c). If the petition is appropriately filed, the Prisoner Review Board sets a date for a parole review (Id.), and "[o]ne year prior to the parole review hearing, counsel shall be appointed by the Prisoner Review Board upon a finding of indigency." 730 ILCS 5/5-4.5-115(e).
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
no
