PLAINTIFF’S DRAFT PROPOSED REMEDIAL PLAN RELATED TO THEIR 

REQUEST FOR A TEMPORARY RESTRAINING ORDER/PRELIMINARY 

INJUNCTION 

1. IDENTIFICATION OF INDIVIDUALS ELIGIBLE FOR IMMEDIATE 

TRANSFER TO FURLOUGH OR HOME DETENTION: Within three days of the 

date of the order, the Illinois Department of Corrections will identify all people in the 

physical custody of IDOC and who are vulnerable due to underlying medical condition or 

age, within these categories: 

i. People who have a pre-existing condition and have an increased risk 

of serious harm or death from COVID-19 as result of that condition. 

Pre-existing conditions include but are not limited to people with 

respiratory conditions including chronic lung disease or moderate to 

severe asthma; people with heart disease or other heart conditions; 

people who are immunocompromised as a result of cancer, 

HIV/AIDS, or any other condition or related to treatment for a 

medical condition; people with chronic liver or kidney disease or 

renal failure (including hepatitis and dialysis patients); people with 

diabetes, epilepsy, hypertension, blood disorders (including sickle 

cell disease), inherited metabolic disorders; people who have had or 

are at risk of stroke; and people with any other condition specifically 

identified by CDC either now or in the future as being a particular 

risk for severe illness and/or death caused by COVID-19, and who 

are eligible for medical furlough pursuant to 730 ILCS 5/3-11-1. 

ii. People who are medically vulnerable and have an increased risk of 

serious harm or death from COVID-19 because they are 55 years of 

age and older and who are eligible for medical furlough pursuant to 

730 ILCS 5/3-11-1. 

Within three days of identifying individuals eligible for furlough, or transfer, IDOC shall 

collect information from each individual for identifying potential host sites. 

2. Within 7 days of the date of this order, the IDOC will use its discretion to transfer 

individuals identified pursuant to the above to medical furlough or home detention: 

Every person identified pursuant to paragraph 1 of this order with an available host site 

will be removed from the correctional center via the mechanism determined by IDOC as 

most appropriate (such as medical furlough or transfer to home detention) unless the 

IDOC determines, with the approval of the special master, that an individual’s furlough 

or transfer would pose a substantial danger to the physical safety of an identifiable person 

or persons that outweighs the threat to the individual’s health and the public health threat 

posed by their continued incarceration. Assessment of the safety risk must be based on an 

Case: 1:20-cv-02093 Document #: 24-1 Filed: 04/06/20 Page 1 of 3 PageID #:389
individualized analysis, and not categorical exclusions (except those excluded offenses 

for furlough or transfer mechanisms under the law). In the event that the IDOC rejects a 

furlough or transfer to home detention to any person identified in Paragraph 1, IDOC will 

document their justification with specific and individualized concerns including those 

related to the individual’s institutional history and background. 

3. FORMATION OF THE COVID-19 EMERGENCY RECORD REVIEW TASK 

FORCE. Class Counsel will, at IDOC’s request, form a Task Force comprised of up to 

150 pro-bono attorneys, legal assistants, social workers, law students and other qualified 

individuals, who report to the Special Master. The purpose of the Task Force is to assist 

the IDOC in conducting the record review necessary to effectuate the terms of this Order. 

The Task Force will function as follows: 

a. Class Counsel will work with the IDOC to recruit qualified Task Force 

Members, who have demonstrated high ethical standards and the requisite 

skills needed to contribute to the Task Force; 

b. IDOC will execute the required agreements to allow the Task Force to 

access and review the relevant records. This may include, but is not 

limited to, submitting an Agreed Order to this Court that will permit Task 

Force Members to review protected health information as permitted by the 

Health Insurance Portability and Accountability Act of 1996 Public Law 

104-191 (1996) (“HIPPA”). Task Force Members shall work under the 

supervision and control of the Special Master and shall be required to 

execute requisite confidentiality agreements; 

c. Task Force members shall prepare one to two page summaries of the files 

of each individual reviewed regarding the individual’s medical condition, 

current disability, institutional record, relevant history and background. 

These summaries will be based on a form developed jointly by Class 

Counsel and the IDOC; 

d. The Class Counsel and the IDOC shall collaborate on the form and content 

of Task Force member training. No Task Force member shall begin their 

record review without first completing this training; 

e. IDOC will rely on the Task Force summaries to review each individual 

and make the decision required pursuant to ¶ 2. Nothing in this Agreed 

Order limits the IDOC’s authority to order furlough, transfer to home 

detention and/or release prior to the completion of any task force summary 

or separate from the process required by this Order. 

4. Appointment of a Special Master. The Parties agree to the appointment of a Special 

Master, to be jointly selected by the parties. The Special Master shall have extensive 

experience in management and a general familiarity with corrections and/or the justice 

system and/or the public health system. The Special Master shall have the discretion to 

consult with individuals with expertise in corrections, public safety and public health, as 

needed. The Special Master shall have the following responsibilities: 

Case: 1:20-cv-02093 Document #: 24-1 Filed: 04/06/20 Page 2 of 3 PageID #:390
a. Reviewing IDOC’s denial of medical furlough to any medically 

vulnerable person on the basis of public safety concerns. If the special 

master disagrees with the IDOC’s determination, the IDOC shall grant the 

individual medical furlough; 

b. At the request of the IDOC, making recommendations about transfer, or 

furlough decision for any individual or groups of individuals; 

c. Managing and overseeing the work of the Task Force, to include but not 

limited to establishing strict timelines and instituting quality control 

procedures; 

d. Collaborating with Class Counsel to develop and distribute resources 

related to housing and public benefits for those who are furloughed 

pursuant to the terms of this Order and to deploy any resources and 

or/knowledge Class Counsel can offer to mitigate practical and logistical 

barriers. 

e. Managing the IDOC host site approval process for all class members and 

ensuring that the process is efficient, fair and comports to the requirements 

of this Order. 

 

5. CLASS COUNSEL ACCESS AND REPORTING. The IDOC shall provide to Class 

Counsel the names, IDOC numbers and facilities of every person in IDOC custody who 

is eligible for release, transfer and medical furlough under the terms of this Order, and 

shall provide Class Counsel with the names of any such person who it deems not eligible 

for relief under Paragraph 2 for any reason, including lack of a host site. The IDOC will 

further provide Class Counsel with the names and prisoner IDOC numbers of all people 

medically furloughed and/or transferred to home detention pursuant to this Order every 

48 hours. The IDOC and Class Counsel will collaborate to seek and necessary HIPPA 

related orders from the Court to facilitate information sharing. 

Case: 1:20-cv-02093 Document #: 24-1 Filed: 04/06/20 Page 3 of 3 PageID #:391