Motion for Furlough - Illinois

MOTION FOR FURLOUGH

Before you use this: Illinois furloughs under 730 ILCS 5/3-11-1 are decided by the Department of Corrections. Use this court motion to request a recommendation only where the court has a pending matter and a basis to consider the request. Medical release is a separate application to the Prisoner Review Board under 730 ILCS 5/3-3-14.

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 requests that this Honorable Court recommend that the Department of Corrections consider 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-treatment furlough (730 ILCS 5/3-11-1(a)(2)) — Adequate services are not otherwise available
☐ 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.

Separate medical-release procedure — 730 ILCS 5/3-3-14

The Prisoner Review Board considers applications for medical release under this separate statute. A request for medical release should be filed with that Board, rather than treated as a furlough request under this motion.

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 REGARDING MOTION FOR FURLOUGH RECOMMENDATION

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 Court recommends that the Illinois Department of Corrections consider Defendant's request for a furlough under 730 ILCS 5/3-11-1.
2. The Clerk shall send this order and the supporting materials to the Department at [DEPARTMENT ADDRESS].
3. The Department retains authority to determine whether to grant a furlough and, if granted, its dates and conditions.

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

• Under 730 ILCS 5/3-11-1(a), the Department of Corrections decides whether to authorize a furlough. The court order above is a recommendation for the Department to consider.
• Medical release under 730 ILCS 5/3-3-14 is a separate Prisoner Review Board process.
• 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.
• For a planned furlough, obtain the Department's current application procedure and allow enough time for its review.
• For medical treatment outside the facility, identify why adequate medical, psychiatric, or psychological services are not otherwise available under § 3-11-1(a)(2).

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.
• For an unaccompanied furlough, § 3-11-1(c) directs the Department to notify the relevant State's Attorneys and the sheriff of the destination county.