Motion for Furlough - Illinois

MOTION FOR FURLOUGH

TABLE OF CONTENTS

1. Caption
2. Defendant/Inmate Information
3. Grounds for Furlough
4. Statutory Authority
5. Proposed Conditions of Furlough
6. Risk Assessment
7. Supporting Documentation
8. Proposed Order
9. Certificate of Service
10. Illinois Practice Notes

Caption

IN THE CIRCUIT COURT OF [________________________________]
[____] JUDICIAL CIRCUIT
STATE OF ILLINOIS

DEFENDANT/INMATE INFORMATION

GROUNDS FOR FURLOUGH

COMES NOW the Defendant, [________________________________], by and through [his/her] attorney, [________________________________], and respectfully moves this Honorable Court for an Order granting a temporary furlough from [________________________________] (facility name) for the following reasons:

Type of Furlough Requested

☐ Medical/Psychiatric Treatment — Adequate services not available at current facility
☐ Family Emergency — Serious illness of immediate family member
☐ Bereavement — Death of immediate family member
☐ Family Reunification — Maintaining critical family relationships
☐ Employment Interview — Prospective employer contact
☐ Educational/Vocational Program — Not available within institution
☐ Reintegration Preparation — Transitional planning prior to release
☐ Medical Furlough (730 ILCS 5/3-14-1) — Serious medical condition
☐ Other: [________________________________]

Specific Facts Supporting This Request

[________________________________]
[________________________________]
[________________________________]
[________________________________]

Requested Furlough Period

STATUTORY AUTHORITY

This motion is supported by the following legal authority:

730 ILCS 5/3-11-1 — Furloughs

The Director of the Department of Corrections is authorized to grant furloughs, defined as authorized leaves of absence from the Department for a designated purpose and period of time. The statute contemplates temporary relocation for medical, psychiatric, or psychological services when adequate services are not otherwise available, as well as other rehabilitative purposes.

730 ILCS 5/3-14-1 — Medical Furlough (If Applicable)

Any offender in the custody of IDOC, excluding those sentenced to natural life, may be considered for a medical furlough by the Director. All requests are reviewed by a multidisciplinary team to determine the offender's risk to public safety. The offender must demonstrate a medical condition that renders them incapable of posing a threat to the community.

20 Ill. Admin. Code 107.210 — Administrative Furlough Regulations

IDOC administrative rules establish eligibility criteria, application procedures, and conditions for furlough participation, including security classification requirements and behavioral standards.

Additional Authority

[________________________________]

PROPOSED CONDITIONS OF FURLOUGH

The Defendant proposes the following conditions during the furlough period:

☐ Remain at the designated destination address at all times unless otherwise specified
☐ Report to [________________________________] upon arrival at destination
☐ Maintain telephone contact with IDOC at intervals of [________________________________]
☐ Refrain from the use of alcohol, controlled substances, or cannabis
☐ Submit to drug and/or alcohol testing upon request
☐ Not possess any firearms or dangerous weapons
☐ Not leave the State of Illinois
☐ Not associate with known felons or individuals with active warrants
☐ Return to [________________________________] (facility) by [__/__/____] at [____:____] [AM/PM]
☐ Wear electronic monitoring device if required by IDOC
☐ Be accompanied by [________________________________] (custodial escort, if applicable)
☐ Additional condition: [________________________________]
☐ Additional condition: [________________________________]

Sponsor/Responsible Party Information

RISK ASSESSMENT

Factors Demonstrating Low Risk to Public Safety

1. Institutional Conduct: [________________________________]
2. Security Classification: [________________________________]
3. Time Served: [________________________________]
4. Nature of Underlying Offense: [________________________________]
5. Disciplinary History: [________________________________]
6. Programming Participation: [________________________________]
7. Community Ties: [________________________________]
8. Prior Furlough History: [________________________________]

IDOC Classification and Behavioral Assessment

[________________________________]

SUPPORTING DOCUMENTATION

The following documents are attached hereto and incorporated by reference:

☐ Exhibit A: [________________________________]
☐ Exhibit B: [________________________________]
☐ Exhibit C: [________________________________]
☐ Exhibit D: [________________________________]
☐ Exhibit E: [________________________________]

PROPOSED ORDER

IN THE CIRCUIT COURT OF [________________________________]
[____] JUDICIAL CIRCUIT, STATE OF ILLINOIS

Case No.: [________________________________]

ORDER GRANTING MOTION FOR FURLOUGH

THIS MATTER having come before the Court on Defendant's Motion for Furlough, and the Court having considered the motion, supporting documentation, and arguments of counsel:

IT IS HEREBY ORDERED:

1. The Motion for Furlough is GRANTED.
2. The Defendant, [________________________________], IDOC No. [________________________________], is authorized a temporary furlough from [________________________________] (facility).
3. The furlough shall commence on [__/__/____] and terminate on [__/__/____].
4. The Defendant shall comply with all conditions set forth in the motion and any additional conditions imposed by IDOC.
5. The Director of the Illinois Department of Corrections is directed to facilitate the furlough in accordance with applicable administrative rules.
6. Failure to comply with any condition or to return timely shall constitute escape and subject the Defendant to prosecution under 720 ILCS 5/31-6.

SO ORDERED this [____] day of [________________], [________].

_______________________________________________
Judge, Circuit Court of [________________________________]

CERTIFICATE OF SERVICE

I, [________________________________], hereby certify that on [__/__/____], a true and correct copy of the foregoing Motion for Furlough and all supporting exhibits was served upon the following:

State's Attorney:
[________________________________]
[________________________________]
[________________________________]

Illinois Department of Corrections:
[________________________________]
[________________________________]
[________________________________]

Sentencing Judge (if different from presiding):
[________________________________]

☐ By personal delivery
☐ By U.S. Mail, first class, postage prepaid
☐ By electronic filing (e-filing)
☐ By facsimile transmission

_______________________________________________
Attorney for Defendant
Name: [________________________________]
ARDC No.: [________________________________]
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

ILLINOIS PRACTICE NOTES

Court vs. IDOC Authority

• In Illinois, furlough authority is primarily vested in the Director of the IDOC, not the sentencing court. However, courts retain inherent authority to recommend furlough and, in certain circumstances, to order temporary release for court appearances, medical emergencies, or other compelling reasons.
• Medical furlough under 730 ILCS 5/3-14-1 is exclusively an IDOC administrative determination, though a court order or recommendation may carry persuasive weight.
• A prisoner on furlough remains in the constructive custody of IDOC for all legal purposes.

Emergency vs. Planned Furlough

• Emergency furloughs (death or critical illness of an immediate family member) may be processed on an expedited basis through the facility warden and IDOC central office. Counsel should contact the facility directly in addition to filing this motion.
• Planned furloughs (reintegration, employment, educational programs) require advance application through IDOC's standard furlough review process, typically requiring 30-60 days' lead time.
• Medical furloughs require review by a multidisciplinary team including medical staff; inmates sentenced to natural life in prison are excluded from medical furlough eligibility.

Key Procedural Considerations

• IDOC may deny furlough requests regardless of court recommendation; the decision is discretionary.
• Violation of furlough conditions may constitute escape under 720 ILCS 5/31-6.
• Furlough time counts as time served toward the sentence.
• District attorney notification is not statutorily required for IDOC-initiated furloughs but is advisable when court involvement is sought.