March 23, 2020

VIA EMAIL

The Honorable Judge Leroy K. Martin, Jr.

Presiding Judge
Criminal Division
Leighton Criminal Court Building
2600 S. California Avenue, Room 101
Chicago, Illinois 60608

Dear Presiding Judge Martin:

We write in reference to the court’s order, entered today to hold emergency bond hearings for
seven categories of detainees in response to the COVID-19 crisis. No one should be incarcerated
if they are not a flight risk or a danger to the community, and never simply because they cannot
afford to pay cash bail. With that said, we urge each individualized bond determination to be
exercised with care. In these challenging times, and given the work that mayors all over Cook
County are taking to keep our communities safe from the further spread of the virus, we urge that
a public health screening be part of any release decision.

We hope that the following questions will be addressed, understanding the need to protect
detainees privacy under relevant federal and state healthcare and other privacy laws:

1. Will the detainee be screened prior to release to determine whether they have had any
respiratory symptoms such as fever, shortness of breath, cough or any other respiratory
symptoms that are signs of illnesses and possibly a precursor of COVID-19?
2. Will the detainee be provided with information on how they can best protect themselves
from contracting the virus?
3. We have particular concern for the health and well-being of detainees that fall into the
category of 2.g., i.e., detainees who are eligible to be released on electronic monitoring
but remain in jail “because they have ‘no place to stay.’” With respect to this group of
detainees, what provisions will be made for them so that they will not become homeless
upon release? As you surely know, our homeless population are among our most
vulnerable and many of us have taken a number of steps to shore up this population. We
have great concerns about a release where the detainees are not otherwise connected with
appropriate social service organizations so that there is a warm and supportive transition
in support of this category of detainees in particular.

The public health consideration will vary depending on whether there are known positive cases
at the particular facility where the detainee resided. It would be wise to consider implementing
certain protocols to ensure that detainees residing in a facility where a known case has been
detected are asymptomatic for a reasonable time prior to release in order to safeguard them and
the public.
As mayors and organizations that represent mayors in Cook County, we believe these key
questions must be addressed when considering the process for release for anyone who may be
vulnerable or worse already sick. We have resources to support these individuals, but we cannot
be on the sidelines. Public health considerations post-release are also relevant in this time of
crisis, and must inform the individualized release determinations. We would be happy to partner
with you to create protocols and appropriate screening pre-release to safeguard the health of all.

We look forward to your timely response.

Best regards,

Lori E. Lightfoot
Mayor, City of Chicago

Mayor Joseph T. Tamburino, Village of Hillside

Chairman, Metropolitan Mayors Caucus

Mayor Daniel P. DiMaria, Village of Morton Grove

President, Northwest Municipal Conference

Benjamin Sells, President, Village of Riverside

President, West Central Municipal Conference

Mayor Gerald R. Bennett, City of Palos Hills

President, Southwest Conference of Mayors

Mayor Tyrone Ward, Village of Robbins

President, South Suburban Mayors and Managers
Association