WESTEFER v. SNYDER
725 F.Supp.2d 735 (2010)
United States District Court, S.D. Illinois.
July 20, 2010.
One of the concerns that was expressed to me during my tour at [Tamms] by the inmates was that in a lot of cases they did not know or they said they weren't told how long they could expect to stay. What we've said in the 10 Point Plan is that we will give the offender a range. Once they've been approved for placement in Tamms what I expect staff to do is, based on how long a person has been there for a similar offense, based on correctional professional judgment, to tell the person a range of time that they can expect to be at Tamms.
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Now from there what we expect the staff to do is tell the offender how they can impact that one to three years and make it closer to one year rather than the three years by getting involved in programming, by their interactions with staff, by not getting conduct reports, by engaging in program activities when they have an opportunity. All of those things can help a person get closer to the lower end of that range rather than the longer end of that range. And,
again, this is an estimate based on our staff's professional judgment, based on the offense that they committed to get placed at Tamms, and how long we think they will be there.
Q. Will the inmate get feedback after that on whether or not they're meeting their goals or whether they fall short?
A. That would come at those 90 day reviews they give them feedback and tell them how they've done in the past 90 days, what they need to work on, what they may need to get involved in, what staff have been saying about their interactions with staff, their attitudes and behaviors, those things happen during those 90 day reviews.
Doc. 522 (Randle Testimony) at 13-14. In the Ten-Point Plan the IDOC effectively concedes that, hitherto, inmates arriving at Tamms have not been advised of how long they will be at the supermax prison and how they can work to be transferred out of the prison. The second Wilkinson factor relevant to the question of whether IDOC inmates have a due process liberty interest in avoiding assignment to Tamms, the indefinite duration of placement at the supermax prison, weighs in favor of a finding that IDOC inmates have such an interest.c. Effect of Placement at Tamms on Length of Sentence