Neville v. Walker

              Filed 11/16/07 NO. 4-07-0226
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
RICHARD NEVILLE, ) Appeal from
Plaintiff-Appellant. ) Circuit Court of
v. ) Sangamon County
ROGER E. WALKER, JR., Director, ) No. 06MR543
Illinois Department of Corrections; and )
JORGE MONTES, Chairman, Illinois ) Honorable
Prisoner Review Board, ) Leo J. Zappa, Jr.,
Defendants-Appellees. ) Judge Presiding.
_________________________________________________________________
JUSTICE COOK delivered the opinion of the court:
Plaintiff, Richard Neville, an inmate at Lawrence
Correctional Center (Lawrence), is serving a sentence for convic-tion
in 1999 of two counts of predatory criminal sexual assault
(720 ILCS 5/12-14.1 (West 1998)). On August 31, 2006, he com-pleted
the determinate sentence imposed when he was convicted.
The Parole Review Board (Board) conditioned his transition to
mandatory supervised release (MSR) on his compliance with certain
conditions. Plaintiff was unable to comply with one of the
conditions, so the Department of Corrections (DOC) refused to
release him on MSR. Plaintiff filed a pro se mandamus action
arguing that the condition on his MSR and the consequent refusal
to release him violated the ex post facto clause of the federal
and state constitutions. The trial court dismissed his com-plaint.
Plaintiff appeals. We affirm.
I. BACKGROUND
Plaintiff is currently incarcerated at Lawrence.
Plaintiff's conviction allows the Board to label him a sex