Section 2602.5  Definitions

 

"Agency" means the unit of a State, local, corporate, or nonprofit authority, or of the Department of Justice, with direct responsibility for the operation of any facility that confines inmates, youth, or residents, including the implementation of policy as set by the governing, corporate, or nonprofit authority. (Section 115.5 of PREA). For the purposes of this Part, agency shall also mean each individual county detention center.

 

"Agency head" means the principal official of an agency. (Section 115.5 of PREA)

 

"Confinement/Room confinement" is the practice of isolating a youth in the youth's room for disciplinary reasons.

 

"Contractor" means a person who provides services on a recurring basis pursuant to a contractual agreement with the agency. (Section 115.5 of PREA)

 

"Corporal punishment" is any deliberate action to humiliate, demean, embarrass or cause physical pain or discomfort for the purpose of punishment.

 

"Delinquent minor" means any minor who, prior to the minor's 18th birthday, has violated or attempted to violate, regardless of where the act occurred, any federal or State law or municipal ordinance, except for status offenses.

 

"Department" means the Department of Juvenile Justice.

 

"Detention" means the temporary care of a minor who is alleged to be or adjudicated delinquent and who requires custody for the minor's own protection or the community's protection in a facility designed to physically restrict the minor's movements, pending disposition by the court or execution of an order of the court for placement or commitment. (Section 5-105 of the Juvenile Court Act)

 

"Direct staff supervision" means that security staff are in the same room with, and within reasonable hearing distance of, the resident or youth. (Section 115.5 of PREA)

 

"Employee" means a person who works directly for the agency or facility. (Section 115.5 of PREA)

 

"Exigent circumstances" means any set of temporary and unforeseen circumstances that require immediate action in order to combat a threat to the security or institutional order of a facility. (Section 115.5 of PREA)

 

"Facility" means a place, institution, building (or part of the building), set of buildings, structure, or area (whether enclosing a building or set of buildings) that is used by an agency for the confinement of youth. (Section 115.5 of PREA)

 

"Facility head" means the principal official of a facility. (Section 115.5 of PREA)

 

"Full compliance" means compliance with all material requirements of each standard except for de minimis violations, or discrete and temporary violations during otherwise sustained periods of compliance. (Section 115.5 of PREA)

 

"Gender nonconforming" means a person whose appearance or manner does not conform to traditional societal gender expectations. (Section 115.5 of PREA)

 

"Intersex" means a person whose sexual or reproductive anatomy or chromosomal pattern does not seem to fit the typical binary expectations of male or female. Intersex medical conditions are sometimes referred to as disorders of sex development. (Section 115.5 of PREA)

 

"JMIS" means Juvenile Monitoring Information System.

 

"Juvenile Court Act" or "Juvenile Court Act of 1987" means 705 ILCS 405.

 

"Juvenile" means any person under the age of 18, unless under adult court supervision and confined or detained in a prison or jail. (Section 115.5 of PREA)

 

"Juvenile facility" means a facility primarily used for the confinement of juveniles pursuant to the juvenile justice system or criminal justice system. (Section 115.5 of PREA)

 

"Medical practitioner" means a health professional who, by virtue of education, credentials and experience, is permitted by law to evaluate and care for patients within the scope of the medical practitioner's professional practice. A "qualified medical practitioner" refers to a professional who has also successfully completed specialized training for treating sexual abuse victims. (Section 115.5 of PREA)

 

"Mental health practitioner" means a mental health professional who, by virtue of education, credentials, and experience, is permitted by law to evaluate and care for patients within the scope of the mental health practitioner's professional practice. A "qualified mental health practitioner" refers to a professional who has also successfully completed specialized training for treating sexual abuse victims. (Section 115.5 of PREA)

 

"Office of Detention and Audit Services" means the unit within the Department of Juvenile Justice that is authorized to monitor compliance with the County Juvenile Detention Standards.

 

"Pat-down search" means a running of the hands over the clothed body of a youth by an employee to determine whether the individual possesses contraband. (Section 115.5 of PREA)

 

"PREA" means the Prison Rape Elimination Act National Standards, 28 CFR 115 (July 1, 2019).

 

"Resident" means any person confined or detained in a juvenile facility or in a community confinement facility. (Section 115.5 of PREA)

 

"Security staff" means employees primarily responsible for the supervision and control of youth in housing units, recreational areas, dining areas, and other program areas of the facility.

 

"Sexual Abuse" means: 

 

Sexual abuse of a youth by another youth; and

 

Sexual abuse of a youth by a staff member, contractor or volunteer.

 

Sexual abuse of a youth by another youth includes any of the following acts, if the victim does not consent, is coerced into the act by overt or implied threats of violence, or is unable to consent or refuse:

 

Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;

 

Contact between the mouth and the penis, vulva or anus;

 

Penetration of the anal or genital opening of another person, however slight, by a hand, finger, object or other instrument; and

 

Any other intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh or the buttocks of another person, excluding contact incidental to a physical altercation.

 

Sexual abuse of a youth by a staff member, contractor or volunteer includes any of the following acts, with or without consent of the youth:

 

Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;

 

Contact between the mouth and the penis, vulva or anus;

 

Contact between the mouth and any body part where the staff member, contractor or volunteer has the intent to abuse, arouse or gratify sexual desire;

 

Penetration of the anal or genital opening, however slight, by a hand, finger, object or other instrument, that is unrelated to official duties or where the staff member, contractor or volunteer has the intent to abuse, arouse, or gratify sexual desire;

 

Any other intentional contact, either directly or through the clothing, of or with the genitalia, anus, groin, breast, inner thigh, or the buttocks, that is unrelated to official duties or where the staff member, contractor or volunteer has the intent to abuse, arouse, or gratify sexual desire;

 

Any attempt, threat, or request by a staff member, contractor, or volunteer to engage in the activities described in this definition;

 

Any display by a staff member, contractor or volunteer of his or her uncovered genitalia, buttocks or breast in the presence of a youth; and

 

Voyeurism by a staff member, contractor, or volunteer.

 

Voyeurism by a staff member, contractor or volunteer means an invasion of privacy of a youth by staff for reasons unrelated to official duties, such as peering at a youth who is using a toilet in his or her cell to perform bodily functions; requiring a youth to expose his or her buttocks, genitals or breasts; or taking images of all or part of a youth's naked body or of a youth performing bodily functions. (Section 115.6 of PREA)

 

"Sexual Harassment" means:

 

Repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures or actions of a derogatory or offensive sexual nature by one youth directed toward another; and

 

Repeated verbal comments or gestures of a sexual nature to a youth by a staff member, contractor or volunteer, including demeaning references to gender, sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures. (Section 115.6 of PREA)

 

"Staff" means employees. (Section 115.5 of PREA)

 

"Status offense" means an offense that would not be criminal if committed by an adult, such as truancy, curfew violations, or running away from home.

 

"Strip search" means a search that requires a person to remove or arrange some or all clothing so as to permit a visual inspection of the person's breasts, buttocks or genitalia. (Section 115.5 of PREA)

 

"Substantiated allegation" means an allegation that was investigated and determined to have occurred. (Section 115.5 of PREA)

 

"Transgender" means a person whose gender identity (i.e., internal sense of feeling male or female) is different from the person's assigned sex at birth. (Section 115.5 of PREA).

 

"Unfounded allegation" means an allegation that was investigated and determined not to have occurred. (Section 115.5 of PREA)

 

"Unified Code of Corrections" means 730 ILCS 5.

 

"Unsubstantiated allegation" means an allegation that was investigated, and the investigation produced insufficient evidence to make a final determination as to whether the event occurred. (Section 115.5 of PREA)

 

"Volunteer" means an individual who donates time and effort on a recurring basis to enhance the activities and programs of the agency. (Section 115.5 of PREA)

 

"Youth" means any person detained in a lockup, regardless of adjudication status.

 

Section 2602.10  Detention Admission Policy

 

a)         Statement of Admission Policy

The Chief Judge or the Chief Judge's designee will define in writing the court's detention admission policies for each judicial circuit. Included in those policies shall be a current detention screening tool, directions for its use and circumstances for exceptions. The detention screening tool shall be reviewed at least annually to ensure efficacy.

 

1)         A qualified intake officer shall be appointed to screen court intake service referrals and control detention admissions. The chief judge shall identify those court services staff authorized to make detention decisions.

 

2)         Twenty-four hour intake coverage shall be provided. Authorized court personnel will be available at all times to make detention screening decisions.

 

3)         No youth shall be placed in detention without authorization by the judge or person appointed by the judge. However, a youth who has a valid warrant issued by the Department for violating the youth's terms of aftercare release, and is arrested based on that warrant, may be placed in detention without prior authorization. A copy of the judicial order or completed detention screening tool shall be reviewed prior to admission and maintained in the youth's file.

 

4)         The law enforcement officer requesting detention of a youth shall submit a detailed written report of the alleged charge.

 

5)         Youth with serious medical or mental health needs, including severe intoxication, shall not be admitted unless examined and cleared for admission by qualified medical personnel.

 

6)         No youth shall be admitted to a detention facility when the admission will result in exceeding the operational capacity.

 

7)         Youth shall not be placed in detention for status offenses.

 

b)         Detention Hearing

Unless sooner released, a minor alleged to be a delinquent minor taken into temporary custody must be brought before a judicial officer within 40 hours for a detention or shelter care hearing to determine whether he or she shall be further held in custody. If a minor alleged to be a delinquent minor taken into custody is hospitalized or is receiving treatment for a physical or mental condition, and is unable to be brought before a judicial officer for a detention or shelter care hearing, the 40 hour period will not commence until the minor is released from the hospital or place of treatment. If the minor gives false information to law enforcement officials regarding the minor's identity or age, the 40 hour period will not commence until the court rules that the minor is subject to the Act and not subject to prosecution under the Criminal Code of 1961 or the Criminal Code of 2012. Any other delay attributable to a minor alleged to be a delinquent minor who is taken into temporary custody shall act to toll the 40 hour time period. The 40 hour time period shall be tolled to allow counsel for the minor to prepare for the detention or shelter care hearing, upon a motion filed by such counsel and granted by the court. In all cases, the 40 hour time period is exclusive of Saturdays, Sundays and court-designated holidays. (Section 5-415 of the Juvenile Court Act)

 

1)         A youth shall not be placed in detention for a period of more than 30 days as a disposition pursuant to Section 5-710(1)(a)(v) of the Juvenile Court Act, less any time previously spent in detention for the same offense.

 

2)         The use of detention pending completion of a trial must comply with Section 5-601 of the Juvenile Court Act.

 

c)         Situation Change

A youth shall be released from detention when a change in the situation that necessitated detention occurs and the need for secure custody is no longer justified.

 

Section 2602.20  Administration

 

a)         Detention Responsibility

The Chief Judge for the judicial circuit where the facility sits shall appoint a superintendent of detention with appropriate qualifications and experience. The superintendent shall have full responsibility and accountability for secure custody management. 

 

b)         Objectives

The purposes of supervision, guidance and treatment shall be clearly stated in writing and each staff member made fully aware of them.

 

c)         Staff Training

The superintendent shall identify a staff person responsible for developing and implementing necessary training and ensuring that individual staff training requirements are met. All training hours and topics must be documented.

 

1)         Pre-Service Training

Staff with direct contact with youth shall receive a minimum of 40 scheduled hours of training each year. This training shall include PREA training outlined in Section 2602.30(e). Prior to assuming responsibility for supervision of youth, all staff must complete a 40-hour orientation including but not limited to:

 

A)        Facility mission and code of ethics;

 

B)        Basic rights of incarcerated youth, including legal rights, grievance procedures and right to be free of retaliation for making a complaint;

 

C)        Facility policies and procedures, particularly safety, security and fire and other emergency procedures; and

 

D)        Confidentiality

 

2)         Continued Training

In the first year of employment, all staff shall minimally receive an additional 80 hours of training including:

 

A)        Adolescent development;

 

B)        Crisis prevention and intervention;

 

C)        Positive behavior management strategies;

 

D)        Suicide prevention and intervention;

 

E)        Working with special populations including LGBTQI+ youth, youth with intellectual or physical disabilities, youth with mental or physical health issues, and youth with limited English proficiency;

 

F)         Prevention and management of infectious disease;

 

G)        Gender responsive and culturally appropriate supervision strategies;

 

H)        Science of behavior change and effective practice in juvenile justice;

 

I)         The effects of trauma and trauma informed care; and

 

J)         First aid, CPR, and use of AED equipment.

 

3)         All staff will have a minimum of 40 hours of training annually.

 

4)         All staff shall review this Part on an annual basis.

 

d)         Procedures

Employees shall have access to a manual of policies and procedures either in a written or electronic format. Emergency procedures in event of a fire, riot, escape, bomb threat and natural disaster shall be part of the manual. Employees shall review policies on a yearly basis and document acknowledgement of their review. The superintendent shall designate a person to maintain documentation of employee review from year to year.

 

e)         Job Description

A comprehensive job description for each detention position shall be in writing and made available to each employee performing the functions described in the job description.

 

f)         Staff Development

Access to up-to-date professional literature dealing with detention and related fields shall be maintained and accessible to staff.

 

Section 2602.30  Personnel

 

a)         Detention Staffing

Each detention facility must have sufficient personnel to provide adequate 24-hour supervision of youth seven days a week. A staffing plan or roster shall be maintained and reviewed daily by the superintendent or designee.

 

1)         A superintendent, qualified by training and experience to supervise staff and youth, shall be appointed for each detention facility.

 

2)         An assistant superintendent, qualified by training and experience to supervise staff and youth, shall be designated for a detention facility of 25 or more rated capacity.

 

3)         A shift supervisor must be scheduled and available at all times and on duty during all waking hours and immediately available if not on duty during sleeping hours.

 

4)         Direct care staff (detention officers) employed in sufficient numbers to ensure a ratio of 1:8 staff per youth during waking hours and 1:16 during sleeping hours. Staffing levels must anticipate the need for coverage for staff absence for leave and training.

 

5)         Supervision shall be conducted by a person of the same gender (transgender youth shall be allowed to choose the gender of the staff). At least one male and one female staff member shall be on duty when males and females are in custody.

 

6)         No detention facility shall have fewer than three persons on duty per shift. On the midnight shift, two persons may be on duty and one on call. (See Section 2602.140(a)(1).)

 

7)         An agency shall employ or designate an upper-level, agency-wide PREA coordinator with sufficient time and authority to develop, implement, and oversee agency efforts to comply with the PREA standards in all of its facilities.

 

b)         Staff Selection

A background screening shall be conducted which may include, among other factors, a criminal history check, Child Abuse and Neglect Tracking System, and Law Enforcement Agencies Data System. Staff selection criteria shall be based on education, training, and experience that demonstrate capacity to engage with youth and serve as a positive role model.

 

c)         Background Checks

All personnel working in the detention center, including contractual staff and volunteers, must complete a background check prior to employment and at least once every five years throughout employment.

 

1)         The background check shall include criminal background investigation, a check of the child abuse registry, and an inquiry of prior institutional employers for information on any substantiated reports of abuse, sexual abuse, or sexual harassment.

 

2)         Employment shall be denied or terminated if criminal convictions for any offense other than a minor traffic or petty offense, a finding of child abuse or neglect, inclusion on the sex offender registry, a current order of protection, or active warrants pending criminal charges. Exceptions to these exclusions may be recommended by the superintendent and approved in writing by the Chief Judge of the Circuit Court. Exceptions to these exclusions include, but is not limited to, when the employee or potential employee will be participating in a specific program or has a unique skill set that would be difficult to replicate.

 

3)         The detention center policy shall require staff to disclose any subsequent conviction and identify disciplinary consequences for failure to do so.

 

d)         Hiring and Promotion Decisions – PREA

 

1)         The agency shall not hire or promote anyone who may have contact with youth, and shall not enlist the services of any contractor who may have contact with youth, who has:

 

A)        engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility or other institution (as defined in 42 USC 1997);

 

B)        been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force, or coercion or if the victim did not consent or was unable to consent or refuse; or

 

C)        been civilly or administratively adjudicated to have engaged in the activity described in subsection (d)(1)(A).

 

2)         The agency shall consider any incidents of sexual harassment in determining whether to hire or promote anyone, or to enlist the services of any contractor, who may have contact with youth.

 

3)         Before hiring new employees who may have contact with youth, the agency shall:

 

A)        Perform a criminal background records check;

 

B)        Consult any child abuse registry maintained by the State or locality in which the employee would work; and

 

C)        Consistent with federal, State, and local law, make its best efforts to contact all prior institutional employers for information on substantiated allegations of sexual abuse or any resignation during a pending investigation of an allegation of sexual abuse.

 

4)         The agency shall also perform a criminal background records check, and consult applicable child abuse registries, before enlisting the services of any contractor who may have contact with youth.

 

5)         The agency shall either conduct criminal background records checks at least every five years of current employees and contractors who may have contact with youth or have in place a system for otherwise capturing information for current employees.

 

6)         The agency shall also ask all applicants and employees who may have contact with youth directly about previous misconduct described in subsection (d)(1) in written applications or interviews for hiring or promotions and in any interviews or written self-evaluations conducted as part of reviews of current employees. The agency shall also impose upon employees a continuing affirmative duty to disclose any misconduct.

 

7)         Material omissions regarding misconduct, or the provision of materially false information, shall be grounds for termination.

 

8)         Unless prohibited by law, the agency shall provide information on substantiated allegations of sexual abuse or sexual harassment involving a former employee upon receiving a request from an institutional employer for whom the employee has applied to work. (See Section 317 of PREA.)

 

e)         PREA Training

 

1)         The agency shall train all employees who may have contact with youth on:

 

A)        Its zero-tolerance policy for sexual abuse and sexual harassment;

 

B)        How to fulfill their responsibilities under agency sexual abuse and sexual harassment prevention, detection, reporting and response policies and procedures;

 

C)        Youths' right to be free from sexual abuse and sexual harassment;

 

D)        The right of youth and employees to be free from retaliation for reporting sexual abuse and sexual harassment;

 

E)        The dynamics of sexual abuse and sexual harassment in juvenile facilities;

 

F)         The common reactions of juvenile victims of sexual abuse and sexual harassment;

 

G)        How to detect and respond to signs of threatened and actual sexual abuse and how to distinguish between consensual sexual contact and sexual abuse between youth;

 

H)        How to avoid inappropriate relationships with youth;

 

I)         How to communicate effectively and professionally with youth, including lesbian, gay, bisexual, transgender, intersex, or gender nonconforming residents;

 

J)         How to comply with relevant laws related to mandatory reporting of sexual abuse to outside authorities; and

 

K)        Relevant laws regarding the applicable age of consent (See Section 331 of PREA.).

 

2)         Training shall be tailored to the unique needs and attributes of residents of juvenile facilities and to the gender of the youth at the employee's facility. The employee shall receive additional training if the employee is reassigned from a facility that houses only male youth to a facility that houses only female youth, or vice versa.

 

3)         The agency shall provide each employee with refresher training every two years to ensure that all employees know the agency's current sexual abuse and sexual harassment policies and procedures. In years in which an employee does not receive refresher training, the agency shall provide refresher information on current sexual abuse and sexual harassment policies.

 

4)         The agency shall document, through employee signature or electronic verification, that employees understand the training they have received. (See Section 331 of PREA.)

 

f)         Casework

Professional staff shall possess appropriate qualifications as required by law. Social workers shall be qualified in accordance with the Clinical Social Work and Social Work Practice Act [225 ILCS 20].

 

g)         Certificate, Licenses, Registration

Duties that require possession of a current certificate, license or registration as evidence of special competence to perform those duties shall be licensed and certified by the Department of Financial and Professional Regulation.

 

h)         Disciplinary and Grievance Procedures

Procedures regarding employee disciplinary matters and grievances shall be established and made known to all employees.

 

i)          Volunteer and Contractor Training – PREA

 

1)         The agency shall ensure that all volunteers and contractors who have contact with youth have been trained on their responsibilities under the agency's sexual abuse and sexual harassment prevention, detection and response policies and procedures.

 

2)         The level and type of training provided to volunteers and contractors shall be based on the services they provide and level of contact they have with youth, but all volunteers and contractors who have contact with youth shall be notified of the agency's zero-tolerance policy regarding sexual abuse and sexual harassment and informed how to report incidents.

 

3)         The agency shall maintain documentation confirming that volunteers and contractors understand the training they have received. (See Section 332 of PREA.)

 

Section 2602.40  Records

 

a)         Personal Record Information

A personal record file shall be established at admission and maintained for each youth throughout the period of confinement. Records shall include:

 

1)         Name;

 

2)         AKA and nicknames;

 

3)         Address;

 

4)         Age, date of birth and sex;

 

5)         Parents, guardian or responsible person to notify in case of emergency, including address and telephone number;

 

6)         Physical description;

 

7)         Occupation;

 

8)         Education level and name and address of school last attended;

 

9)         Religion or religious affiliation;

 

10)        Presenting offense;

 

11)        Date and time of police custody;

 

12)        Date and time of admission and authority;

 

13)        Name and title of officers presenting and receiving youth, as well as law enforcement jurisdiction by name;

 

14)        Name and telephone number of youth's attorney;

 

15)        Dates of previous admission and releases;

 

16)        Legal status (i.e., DCFS youth in care, adult transfer, aftercare release);

 

17)        Medical record of health and physical condition at admission; during confinement, including treatment and medication administered; and condition at discharge. Medical records shall be kept separately, subject to court order;

 

18)        Itemized record of youth's case, other valuables and monetary expenditures and receipts while in custody;

 

19)        Date and time of court detention order;

 

20)        Date of petition filing;

 

21)        Date of adjudicatory and/or dispositional hearing, including continuances;

 

22)        Dates of temporary absences from detention facility, authority to be absent and destination;

 

23)        Record of visitors' names and dates of visits;

 

24)        Record of any incidents related to the youth including injury, misconduct and discipline administered;

 

25)        Probation officer and/or aftercare Specialist;

 

26)        Date of release, including name of person and agency to whom released; and

 

27)        Case number.

 

b)         Confidential Record

All personal record and police record information is confidential and shall not be disclosed to unauthorized persons or to the public, except by order of the court. Staff members shall be provided access to personal record and police record information as required for the performance of their duties.

 

1)         Rights of and Limitations on Record Access

 

A)        A youth, an authorized attorney, a parent or guardian, may inspect and copy all records contained in the youth's personal record, provided:

 

i)          The youth consents in writing to the inspection and copying of records by an authorized attorney or a parent or guardian; and

 

ii)         That information not subject to inspection and copying may be deleted from records otherwise available to a youth or a parent or guardian.

 

B)        Authorized personnel of the Department may inspect and copy records.

 

C)        All requests by the youth, authorized attorneys, parents and guardians to copy or inspect file material shall be made in writing.

 

2)         The facility shall comply with all written requests for records subject to inspection and copying within 15 days.

 

c)         Monthly Reports and Statistics

The superintendent shall report accurate information on all detained youth to JMIS. Required information for each youth includes initials, date of birth, race, ethnicity, admission and release dates and times, admitting offense, legal status, and hearing dates. JMIS information on youth in custody should be current and shall be updated no less than monthly. The superintendent shall maintain statistical records, available for review by DJJ, including: detention screening results, admissions, releases, releases with conditions, and overrides; unusual incidents by category; use of force, and use of room confinement. The superintendent shall submit to the Office of Detention and Audit Services monthly, an accurate report of the number of youth confined during the preceding month and provide information on each in the categories indicated on the report form provided by the Office. If JMIS is updated to require additional information the superintendent shall report that additional information.

 

1)         Monthly population reports must be submitted to the Office by the 10th day of the following month.

 

2)         Each calendar day, including day of admission and day of release, shall be counted for calculating length of stay.

 

3)         Duplicate copies shall be prepared. The reporting facility shall maintain the original and forward the duplicate to JMIS.

 

d)         Extraordinary or Unusual Occurrences

 

1)         Extraordinary or unusual occurrences shall mean:

 

A)        Death, regardless of cause;

 

B)        Attempted suicide;

 

C)        Serious injury, to include accidental or self-inflicted;

 

D)        Escape;

 

E)        Attempted escape;

 

F)         Fire;

 

G)        Riot;

 

H)        Battery on a staff member;

 

I)         Battery on youth by a staff member;

 

J)         Battery on youth by another youth (only if hospitalization or extensive medical treatment is required);

 

K)        Allegations of sexual abuse and assaults – PREA;

 

i)          The agency shall require all staff to report immediately and according to agency policy any knowledge, suspicion or information they receive regarding an incident of sexual abuse or sexual harassment that occurred in a facility, whether it is part of the agency; retaliation against residents or staff who reported an incident; and any staff neglect or violation of responsibilities that may have contributed to an incident or retaliation.

 

ii)         The agency shall also require all staff to comply with any applicable mandatory child abuse reporting laws.

 

iii)        Apart from reporting to designated supervisors or officials and designated State or local services agencies, staff shall be prohibited from revealing any information related to a sexual abuse report to anyone other than to the extent necessary, as specified in agency policy, to make treatment, investigation and other security and management decisions.

 

iv)        Medical and mental health practitioners shall:

 

•           be required to report sexual abuse to designated supervisors and officials pursuant to subsection (d)(2)(K)(i) as well as to the designated State or local services agency where required by mandatory reporting laws.

 

•           practitioners shall be required to inform residents at the initiation of services of their duty to report and the limitations of confidentiality.

 

v)         Reporting

 

•           Upon receiving any allegation of sexual abuse, the facility head or designee shall promptly report the allegation to the appropriate agency office and to the alleged victim's parents or legal guardians, unless the facility has official documentation showing the parents or legal guardians should not be notified.

 

•           If the alleged victim is under the guardianship of the Department of Children and Family Services, the report shall be made to the alleged victim's caseworker instead of the parents or legal guardians.

 

•           If a juvenile court retains jurisdiction over the alleged victim, the facility head or designee shall also report the allegation to the juvenile's attorney or other legal representative of record within 14 days of receiving the allegation.

 

vi)        The facility shall report all allegations of sexual abuse and sexual harassment, including third-party and anonymous reports, to the facility's designated investigators; (See Section 361 of PREA.)

 

L)        Occurrence of serious infectious disease or illness within the facility; and

 

M)       Any injury, illness, mental health emergency or chronic condition that requires outside hospitalization.

 

2)         Notification shall be made whenever possible to the Office of Detention and Audit Services within 24 hours but in no case later than 72 hours. Notification to the Administrative Office of the Illinois Courts shall be made no later than 72 hours after the extraordinary or unusual circumstance. Timely notification of any extraordinary or unusual circumstance shall be made to the youth's parent's or guardian. If the youth is under the guardianship of the Department of Children and Family Services, the notification shall be made to the youth's caseworker. If a juvenile court retains jurisdiction over the youth, notification shall be made to the youth's attorney or other legal representative of record and the court of jurisdiction.

 

e)         Report to Court

A written report that summarizes the needs, personal and social problems, strengths and other pertinent findings as revealed in detention activities and services shall be forwarded to the probation officer and to the court upon request.

 

f)         Fingerprinting and Photographing

A detention facility shall not transmit any fingerprint or photograph relating to a youth who has been arrested or taken into custody before the youth's 17th birthday, unless so authorized by the court in accordance with Section 1-7(B)(1) of the Juvenile Court Act.

 

g)         Daily Population Report

A daily detention population report shall be supplied to the judge and the director of court services by the superintendent. The report shall include the name of each youth, day admitted, accumulated days of stay, assigned probation officer, date of adjudicatory hearing and any other information the judge might request to assist the control of admissions.

 

h)         Detention Over Thirty Days

Any youth who has been detained continuously, or in the aggregate for the same offense, for more than 30 days must be brought to the attention of the chief judge and presiding judge of the juvenile court having jurisdiction in the case, the youth's parent or guardian, and youth's legal representative by the facility head.

 

i)          Grievances

A log of all grievances shall be maintained. The log shall include the name of the youth, date the grievance was filed, nature of the grievance, the date of any appeal and the date the grievance was resolved.

 

Section 2602.50  Admission Procedures

 

a)         Posting of Rights

A Notice of Rights, in Spanish and English, available from the Office of Detention and Audit Services, shall be conspicuously posted in all areas, other than detention rooms, where youth are held in custody.

 

b)         Legal Authority for Detention

The staff member accepting youth for detention must determine that each is being detained under proper legal authority, as provided by court order or written authorization from a court services staff member designated to screen detention referrals from law enforcement. Court services staff members, including juvenile probation officers, can screen a youth for detention referrals but cannot impose the sentence.

 

c)         Identity

Identity of the youth being admitted must be verified. A photograph of the youth shall be taken upon admission and kept as a part of the youth's personal record.

 

d)         Injuries

Any seriously injured, seriously ill, intoxicated or unconscious youth must not be admitted to the detention facility until a medical examination has been conducted by a licensed physician. A written record of diagnosis, treatment, and medication prescribed shall accompany the youth if detention admission is approved by the examining licensed physician.

 

e)         Parental Notification

Detention staff shall notify the parents, guardian or other legal custodian of the youth's admission within one hour after arrival. The date, time of the call and name of person contacted shall be recorded and included in the youth's personal record.

 

f)         Search

A thorough search of the youth's person shall be performed by a staff member to assure against the introduction of weapons, contraband or body pests. Following admission, a strip search may be administered only when there is individualized, reasonable suspicion.

 

1)         The search shall be performed in an area that ensures privacy and dignity of the individual. The individual shall not be exposed to the view of others not specifically involved in the process;

 

2)         Searches shall be conducted by a person of the same gender (transgender youth shall be allowed to choose the gender of the staff who will conduct the search);

 

3)         All personal clothing shall be carefully searched for contraband; and

 

4)         The probing of body cavities may not be done except where there is reasonable suspicion to believe that the youth is carrying contraband there, and searches may only be conducted by medically trained persons (e.g., physician, physician assistant, registered nurse, licensed practical nurse, paramedic) in a private location and under sanitary conditions.

 

g)         Personal Property

There shall be a written policy regarding personal property taken from youth. The policy shall ensure that:

 

1)         Personal property taken from youth shall be listed and described in the presence of the youth and a receipt issued;

 

2)         The receipt must show the signatures of the admitting staff member and the youth, with the original filed in the youth's personal record file and the duplicate given to the youth;

 

3)         All personal property of the youth shall be securely stored until release, discharge or transfer occurs, unless the youth approves, in writing, the release of the property to a designated person;

 

4)         Personal property released to a third party must have the youth's signature approval and the signature receipt of the third party;

 

5)         Contraband items, officially confiscated or disposed of, shall be shown on the inventory and the youth's signature shall be obtained along with the signature of the staff member;

 

6)         Items of personal property subsequently added shall be recorded on the inventory and the youth's signature shall be obtained along with the signature of the staff member; and

 

7)         Personal clothing shall be laundered or dry cleaned, as appropriate, before storage and made ready for a youth's court appearance, release or approved use during the detention period.

 

h)         Medical Screening

 

1)         A medical screening shall be performed as part of the admission process either by a qualified medical professional or a staff member who has been trained by medical staff to perform initial screening. Screening shall document questions and responses related to:

 

A)        Current physical, mental, and dental health status or complaints including gynecological issues or pregnancy;

 

B)        Recent injuries or physical trauma;

 

C)        Allergies or special health requirements including special diets;

 

D)        Current sexually transmitted infections and symptoms of infectious or communicable diseases, including tuberculosis;

 

E)        Recent drug or alcohol use and withdrawal symptoms;

 

F)         Current medications needed; and

 

G)        Names of current health care providers in the community.

 

2)         The screener shall observe the youth for:

 

A)        Signs of trauma or physical injuries;

 

B)        Skin conditions including bruising, lesions, infestation, rash or needle marks;

 

C)        Physical disabilities including mobility, hearing or vision problems; and

 

D)        Signs of intellectual, developmental or learning disabilities.

 

3)         Serious injuries or signs of trauma at admission shall be photographed in color.

 

A)        The admitting staff member shall observe the youth for any obvious injuries or illnesses requiring immediate emergency medical care, rashes, unusual cough, high temperature, body pests and general mental status. The officer shall determine by questioning whether the youth has medical conditions such as dependence on drugs or alcohol, diabetes, epilepsy, past treatment for mental disorders or allergies; whether the youth is on medication; and if female, whether the youth is pregnant. The person performing the examination shall be trained to identify medical and mental problems.

 

B)        The admitting staff member shall contact the parents, guardian or other responsible person, at the time of the first visit, to obtain the medical history of the youth, including current medication and Medicaid/insurance information. Current prescription medication shall be continued without interruption unless a qualified medical professional determines in consultation with the prescribing physician, youth, and family that continuation is not indicated.

 

C)        A mental health screening, including a complete evaluation of risk for suicide must be performed by a mental health practitioner or staff member who has been trained by a mental health practitioner.  

 

D)        Any youth showing signs of or reporting physical or mental distress, drug or alcohol abuse shall be referred to health care personnel immediately.

 

4)         PREA Assessment

 

A)        Within 72 hours after the youth's arrival at the facility and periodically throughout a youth's confinement, the agency shall obtain and use information about each youth's personal history and behavior to reduce the risk of sexual abuse by or upon a resident.

 

B)        Assessments shall be conducted using an objective screening instrument.

 

C)        At a minimum, the agency shall attempt to ascertain information about:

 

i)          Prior sexual victimization or abusiveness;

 

ii)         Any gender nonconforming appearance or manner or identification as lesbian, gay, bisexual, transgender or intersex, and whether the youth may therefore be vulnerable to sexual abuse;

 

iii)        Current charges and offense history;

 

iv)        Age;

 

v)         Level of emotional and cognitive development;

 

vi)        Physical size and stature;

 

vii)       Mental illness or mental disabilities;

 

viii)      Intellectual or developmental disabilities;

 

ix)        Physical disabilities;

 

x)         The youth's own perception of vulnerability; and

 

xi)        Any other specific information about individual youths that may indicate heightened needs for supervision, additional safety precautions, or separation from certain other residents.

 

D)        This information shall be ascertained through conversations with the youth during the intake process and medical and mental health screenings; during classification assessments; and by reviewing court records, case files, facility behavioral records and other relevant documentation from the youth's files.

 

E)        The agency shall implement appropriate controls on the dissemination within the facility of responses to questions asked pursuant to this standard in order to ensure that sensitive information is not exploited to the youth's detriment by staff or other residents. (See Section 341 of PREA.)

 

i)          Placement of Youth in Housing, Bed, Program, Education and Work Assignments – PREA

 

1)         The agency shall use all information obtained pursuant to Section 341 of PREA and subsequently to make housing, bed, program, education and work assignments for youth with the goal of keeping all youth safe and free from sexual abuse.

 

2)         Youth may be isolated from others only as a last resort when less restrictive measures are inadequate to keep them and other residents safe, and then only until an alternative means of keeping all residents safe can be arranged. During any period of isolation, agencies shall not deny youth daily large-muscle exercise and any legally required educational programming or special education services. Youth in isolation shall receive daily visits from a medical or mental health care clinician. Youth shall also have access to other programs and work opportunities to the extent possible.

 

3)         Lesbian, gay, bisexual, transgender or intersex youth shall not be placed in particular housing, bed or other assignments solely on the basis of the identification or status, nor shall agencies consider lesbian, gay, bisexual, transgender or intersex identification or status as an indicator of likelihood of being sexually abusive.

 

4)         In deciding whether to assign a transgender or intersex resident to a facility for male or female residents, and in making other housing and programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the youth's health and safety, and whether the placement would present management or security problems.

 

5)         Placement and programming assignments for each transgender or intersex youth shall be reassessed at least twice each year to review any threats to safety experienced by the resident.

 

6)         A transgender or intersex youth's own views with respect to their own safety shall be given serious consideration.

 

7)         Transgender and intersex youth shall be given the opportunity to shower separately from other residents.

 

8)         If a resident is isolated pursuant to subsection (i)(2), the facility shall clearly document:

 

A)        The basis for the facility's concern for the youth' safety; and

 

B)        The reason why no alternative means of separation can be arranged.

 

9)         Every 30 days, the facility shall afford each resident described in subsection (i)(8) of this Section a review to determine whether there is a continuing need for separation from the general population. (See Section 342 of PREA.)

 

j)          Medication

Any medication in the possession of a youth at admission shall be labeled for identification and withheld until a medical doctor determines the disposition.  This determination shall be made at the earliest possible time, but in no instance shall it exceed eight hours after admission or within the time interval specified for administration of the medication on the prescription container, whichever is less.

 

k)         Personal Record Information

A record for each youth shall be established at admission and maintained throughout the period of detention in accordance with the records requirements set forth in Section 2602.40.

 

l)          Showers

All youth must shower or bathe when admitted, unless otherwise advised by medical staff in individual cases.

 

m)        Factors for Placement

The youth shall be assigned to suitable quarters. (See Section 2602.70.)

 

n)         Items of Issue

Youth shall be issued clean bedding, towel, necessary clothing, soap, toothbrush and dentifrice. Youth shall also be issued clothing.

 

1)         Bedding shall consist of sheets, flame retardant mattress, blankets appropriate to the season of the year and a pillow. These items will be provided to a youth unless the youth has been placed on a mental health crisis status and the bedding poses a threat to the youth's safety as determined by a mental health professional.

 

2)         The towel shall be cloth and of bath size.

 

3)         Clothing, including shoes, shall be climate and weather appropriate. Clothing and other garments shall be of an appropriate size and in a state of good, usable condition. Clothing allotment shall be sufficient to allow youth to change clothes to sleep.

 

o)         Rules and Regulations

A copy of the printed detention facility rules and regulations shall be given, explained and acknowledged by each youth at time of admission. Written documentation shall exist as to distribution, explanation and acknowledgement.

 

p)         Admission Isolation

A youth shall be placed in general population for regular programming immediately following admission.

 

q)         Orientation

An initial orientation shall be conducted by a detention staff member at time of admission. The orientation shall include:

 

1)         Information pertaining to rising and retiring, meals, mail procedures, telephone privileges, visiting, correspondence, commissary, recreation and medical care;

 

2)         Rules of conduct;

 

3)         Disciplinary procedures and behavioral programming, including rewards and sanctions;

 

4)         Information regarding programs (i.e., education, arts and crafts, counseling and all social services);

 

5)         Procedures for making requests or entering complaints to staff members, judiciary or to Department personnel;

 

6)         Orientation presentations shall be in written form and read to youth. Youth with limited English proficiency shall be given interpretive assistance.

 

r)          Reporting of Sexual Abuse – PREA

 

1)         The agency shall provide multiple internal ways for youth to privately report sexual abuse and sexual harassment, retaliation by other youth or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to the incidents.

 

2)         The agency shall also provide at least one way for youth to report abuse or harassment to a public or private entity or office that is not part of the agency and that is able to receive and immediately forward resident reports of sexual abuse and sexual harassment to agency officials, allowing the resident to remain anonymous upon request. Youth detained pursuant to a judicial immigration warrant shall be provided information on how to contact relevant consular officials and relevant officials at the Department of Homeland Security.

 

3)         Staff shall accept reports made verbally, in writing, anonymously and from third parties and shall promptly document any verbal reports.

 

4)         The facility shall provide youth with access to tools necessary to make a written report.

 

5)         The agency shall provide a method for staff to privately report sexual abuse and sexual harassment of youth. (See Section 351 of PREA.)

 

6)         Exhaustion of Administrative Remedies.

An agency shall be exempt from the standards of this subsection (r)(6) if it does not have administrative procedures to address youth grievances regarding sexual abuse because the youth may proceed directly to federal court.  If an agency does have administrative procedures to address youth grievances regarding sexual abuse, then the agency's procedures must meet the requirements in this subsection (r)(6).

 

A)        Time Limits

 

i)          The agency shall not impose a time limit on when a youth may submit a grievance regarding an allegation of sexual abuse;

 

ii)         The agency may apply otherwise-applicable time limits on any portion of a grievance that does not allege an incident of sexual abuse;

 

iii)        The agency shall not require a youth to use any informal grievance process, or to otherwise attempt to resolve with staff, an alleged incident of sexual abuse; and

 

iv)        Nothing in this subsection(r)(6)(B) shall restrict the agency's ability to defend against a lawsuit filed by a youth on the ground that the applicable statute of limitations has expired.

 

B)        The agency shall ensure that:

 

i)          A youth who alleges sexual abuse may submit a grievance without submitting it to a staff member who is the subject of the complaint; and

 

ii)         The grievance is not referred to a staff member who is the subject of the complaint.

 

C)        Final Decision

 

i)          The agency shall issue a final agency decision on the merits of any portion of a grievance alleging sexual abuse within 90 days of the initial filing of the grievance;

 

ii)         Computation of the 90-day time period shall not include time consumed by residents in preparing any administrative appeal;

 

iii)        The agency may claim an extension of time to respond, of up to 70 days, if the normal time period for response is insufficient to make an appropriate decision. The agency shall notify the youth in writing of any extension and provide a date by which a decision will be made; and

 

iv)        At any level of the administrative process, including the final level, if the youth does not receive a response within the time allotted for reply, including any properly noticed extension, the youth may consider the absence of a response to be a denial at that level.

 

D)        Third Party Requests

 

i)          Third parties, including fellow youth, staff members, family members, attorneys and outside advocates, shall be permitted to assist youth in filing requests for administrative remedies relating to allegations of sexual abuse, and shall also be permitted to file requests on behalf of youth;

 

ii)         If a third party, other than a parent or legal guardian, files a request on behalf of a youth, the facility may require as a condition of processing the request that the alleged victim agree to have the request filed on their behalf, and may also require the alleged victim to personally pursue any subsequent steps in the administrative remedy process;

 

iii)        If the youth declines to have the request processed on their behalf, the agency shall document the youth's decision;

 

iv)        A parent or legal guardian of a youth shall be allowed to file a grievance regarding allegations of sexual abuse, including appeals, on behalf of the youth. A grievance shall not be conditioned upon the youth agreeing to have the request filed on their behalf.

 

E)        Emergency Grievance

 

i)          The agency shall establish procedures for the filing of an emergency grievance alleging that a youth is subject to a substantial risk of imminent sexual abuse.

 

ii)         After receiving an emergency grievance alleging a youth is subject to a substantial risk of imminent sexual abuse, the agency: shall immediately forward the grievance (or any portion thereof that alleges the substantial risk of imminent sexual abuse) to a level of review that immediate corrective action may be taken, shall provide an initial response within 48 hours, and shall issue a final agency decision within 5 calendar days. The initial response and final agency decision shall document the agency's determination whether the youth is in substantial risk of imminent sexual abuse and the action taken in response to the emergency grievance.

 

F)         The agency may discipline a youth for filing a grievance related to alleged sexual abuse only where the agency demonstrates that the youth filed the grievance in bad faith. (See Section 352 of PREA.)

 

G)        The facility shall provide a youth with access to outside victim advocates for emotional support services related to sexual abuse, by providing, posting or otherwise making accessible mailing addresses and telephone numbers, including toll free hotline numbers where available, of local, State, or national victim advocacy or rape crisis organizations, and, for persons detained pursuant to a judicial immigration warrant, immigrant services agencies. The facility shall enable reasonable communication between a youth and these organizations and agencies, in as confidential a manner as possible.

 

H)        The facility shall inform the youth, prior to giving them access, of the extent that communications will be monitored and reports of abuse will be forwarded to authorities in accordance with mandatory reporting laws.

 

I)         The agency shall maintain or attempt to enter into memoranda of understanding or other agreements with community service providers that are able to provide a youth with confidential emotional support services related to sexual abuse. The agency shall maintain copies of agreements or documentation showing attempts to enter into such agreements.

 

J)         The facility shall also provide a youth with reasonable and confidential access to their attorneys or other legal representation and reasonable access to parents or legal guardians. (See Section 353 of PREA.)

 

7)         The agency shall establish a method to receive third-party reports of sexual abuse and sexual harassment and shall distribute publicly information on how to report sexual abuse and sexual harassment on behalf of a youth. (See Section 354 of PREA.)

 

Section 2602.60  Release Procedures

 

a)         Introduction

 

1)         The legal authority for release is the juvenile court judge or designated representative.

 

2)         Detention staff shall be familiar with documentation required before a youth is permitted to leave the detention facility, whether for a temporary period or a final release.

 

b)         Minimum Standards

 

1)         Identification

Positive photographical identification shall be made by a staff member before discharge, transfer or release of a youth. When a youth is discharged or released, a record shall be made of the date, time and legal authority. If the youth is released to the custody of another, the name of the person or agency shall also be recorded.

 

2)         Physical Screening

Prior to final release or discharge, a notation shall be made in the record of any known injuries, wounds, bruises or health problems.

 

3)         Personal Property

All personal property and funds, other than those legally confiscated, inventoried at the time of admission or added during the time of detention and not transferred to a third party or expended during detention shall be returned to the youth.

 

A)        Property returned to the youth shall be carefully inventoried, on an itemized receipt created by the facility, and signed by the releasing staff member and the youth.

 

B)        A copy of the itemized and signed receipt shall be maintained by the detention facility as a permanent record.

 

C)        Personal property of youth being transferred to another agency shall be inventoried on an itemized receipt and documentation shall be turned over to the transporting officer in the presence of the youth. A copy of the receipt shall contain the signature of the transporting officer and be made a part of the youth's personal record. Only personal property allowed by the receiving facility shall be transferred with the youth. Items not transferred shall be disposed of by the transferring facility in accordance with its written policy, (e.g., having a parent or guardian pick up items, mailing items to a person designated by youth).

 

4)         Transfers to Illinois Department of Juvenile Justice

Pursuant to Sections 3-8-1, 3-10-1 and 5-4-1 of the Unified Code of Corrections and Section 5-901 of the Juvenile Court Act of 1987, when a youth is delivered to the custody of the Department, items that include the following information must accompany the youth:

 

A)        The sentencing order and copies of committing petition;

 

B)        All reports;

 

C)        Any statement by the court on the basis for imposing the sentence;

 

D)        Any sex offender evaluations;

 

E)        Any risk assessment or substance abuse treatment eligibility screening and assessment of the youth by an agent designated by the State to provide assessment services for the courts; 

 

F)         The number of days, if any, which the youth has been in custody and for which the youth is entitled to credit against the sentence;

 

G)        Any medical or mental health records or summaries of the minor;

 

H)        The municipality where the arrest of the youth occurred, the commission of the offense occurred, and the youth resided at the time of commission;

 

I)         A report detailing the youth's criminal history in a manner and form prescribed by the Department; and

 

J)         All additional matters which the court directs the clerk to transmit. (Section 5-750(5) of the Juvenile Court Act)

 

Section 2602.70  Housing

 

a)         The facility shall have written policy related to the placement of youth in housing units. The policy shall consider factors including:

 

1)         Age;

 

2)         Gender;

 

3)         History of violent behavior;

 

4)         Level of emotional and cognitive development;

 

5)         Physical size and ability;

 

6)         Intellectual or developmental disability;

 

7)         Mental health needs or history of trauma;

 

8)         Suicide risk; and

 

9)         Indications of vulnerability or need for separation from other youth.

 

b)         Detention Rooms

In order to ensure reasonable security, sanitation and personal comfort, detention rooms shall be designated for single occupancy and provide at least 80 square feet of floor space.

 

1)         Detention Room Equipment

Each room shall be equipped with the following:

 

A)        A bed that shall be affixed to the floor of the room. Mattresses with fire retardant treated cotton filling with a flame retardant, waterproofed, and cotton cover are required;

 

B)        A washbasin with piped hot and cold water. A supply of disposable drinking cups shall be provided if the washbasin is not drinking fountain equipped;

 

C)        A toilet; and

 

D)        A tamperproof light fixture to ensure a comfortable reading level.

 

2)         Detention Room Level

Detention rooms shall be located above ground level.

 

c)         Living Area

A living area containing no less than 30 square feet per youth must be provided in conjunction with each cluster of detention rooms.

 

1)         Each living area shall be equipped with tables and chairs. Seating shall be provided for each youth.

 

2)         Music and television equipment shall be provided.

 

3)         A cold water drinking fountain shall be provided.

 

4)         Shower areas shall be adjacent to sleeping areas. A minimum of one shower head for every six occupants shall be provided. Water for showers shall be thermostatically regulated to between 100 and 120 degrees Fahrenheit.

 

d)         Dangerous Items

Items adaptable for use as a weapon (i.e., plumbing, conduit, heating equipment, etc.) shall not be accessible to youth.

 

e)         Viewing Devices

There shall be no viewing devices (e.g., peep holes, one-way vision mirrors) that youth are not aware of.

 

f)         Ventilation

The facility shall be comfortably heated and cooled according to the season.

 

g)         Compliance

Those non-compliances relating to physical conditions that adversely affect the treatment of youth with respect to their health and safety may be considered for further action under Section 3-15-2(b) of the Unified Code of Corrections.

 

h)         Variances

Variances connected with physical requirements may be granted by the Director of the Department for existing facilities. Variance expiration dates will be determined at the time granted. Variance requests of an administrative nature will not be granted. In determining whether to grant a variance, the Department will consider, among other factors, the nature of the standard, previous noncompliance, the cost, the population, the alternative means of complying with the intent of the standard, the consequences if the variance is not granted, and the safety and security of the facility or individuals.

 

1)         The variance request must be in writing and pertain to a specific standard. The request must describe the reasons for the variance; the period of time for the variance; any hardship the facility might experience by complying with the standard; plans to be implemented to eventually comply with the particular standard; and a statement that the variance would not adversely affect the health and safety of youth or security of the facility. 

 

2)         The approval or denial of a variance request will be returned by letter to the requesting governmental agency.

 

3)         The Director of the Department may grant a renewal of the variance provided documentation is received from the governing body that indicates a good faith effort on their part to effect necessary actions to comply with the standard in question.

 

4)         A permanent variance, depending on the circumstances, may be granted.

 

Section 2602.80  Medical and Health Care

 

a)         Medical and Health Services

All facilities shall employ a competent medical doctor, physician assistant, nurse practitioner, or registered nurse to ensure that the following are available:

 

1)         Protocol for youth to report illnesses and injuries.

 

2)         Treatment of ailments.

 

3)         Prescription and administration of medications and special diets.

 

4)         Arrangements for hospitalization.

 

5)         Liaison with community medical facilities and resources, including providers for emergency medical care.

 

6)         Environmental health inspections and procedures.

 

7)         Supervision of special treatment programs, as for drug addicts, alcoholics, etc.

 

8)         Maintenance of accurate medical records for each youth.

 

9)         Maintenance of detailed records log of medical supplies, particularly of narcotics, barbiturates, amphetamines, and other dangerous drugs.

 

10)        Vaccinations.

 

b)         Physician and Dental Services

A medical doctor shall be available to attend the medical needs of youth. Arrangements shall be made for a dentist to provide emergency dental care.

 

1)         General medical physician services shall be provided in accordance with one or more of the following procedures:

 

A)        On salary, in accordance with locally established personnel pay plan;

 

B)        A contract with a local physician or clinic for full-time coverage at specific hours and for emergencies;

 

C)        A contract with a local physician to conduct sick call, to be on call for emergencies and to examine newly admitted youth;

 

D)        Arrangements with a nearby hospital to provide all needed medical services; and

 

E)        Services rendered, without cost, by another agency or department or with costs prorated.

 

2)         Access to psychiatric and/or psychological services shall be provided in individual cases as needed.

 

c)         Medical Examination Room

A medical examining room shall be located close to or be part of the admissions area.

 

d)         Medical Examination

All youth admitted to detention shall undergo a physical examination as prescribed in Section 2602.50(h).

 

1)         Newly admitted youth suspected of having any type of communicable disease shall be isolated and an immediate referral shall be made to the facility physician for possible transfer to a medical facility, unless the admitting facility can safely and effectively segregate and maintain a medically prescribed course of treatment.

 

2)         All youth confined for more than seven days shall be given a medical screening by a medical doctor, registered nurse or physician assistant.

 

e)         Sick Call

A schedule and procedure shall be established for daily sick call.

 

1)         The names of youth reporting to sick call shall be recorded in the medical log.

 

2)         Youth with emergency complaints shall receive attention as quickly as possible, regardless of the sick call schedule.

 

3)         Nonmedical detention staff may issue any form of over-the-counter medication, providing the facility physician gives prior written approval to the facility for the issue.

 

f)         Record or Log

A record shall be maintained as part of the youth's personal file of all treatment (including special diet) and medication prescribed, including the date and hour the treatment and medication is administered. A record shall be maintained of over-the-counter medication (i.e., aspirin, cough medicine, etc.) issued by detention staff. A youth's treatment and medication program shall be a part of the summary to the probation officer.

 

g)         Medical Security

Security of supplies must be maintained at all times.

 

1)         When a physician or other medical personnel attends patients at the facility, a staff member shall be present to assure an orderly process.

 

2)         Drugs, including over-the-counter medication and other abusable medical supplies, shall be secured and accessible only to designated staff.

 

3)         Youth shall receive one dose of medication at a time and shall be required to ingest medication in the presence of a medical staff member or detention staff member.

 

h)         First Aid Training

One person on duty, per shift, shall have basic first aid and cardiopulmonary resuscitation (CPR) training.

 

i)          First Aid Supplies

Those facilities not having a dispensary shall maintain a stock of first aid supplies for the treatment of cuts, bruises, sprains and other minor injuries. First aid supplies must be secured and not accessible to youth.

 

j)          Parental Notification

Recommendations of the facility physician shall be reported to parents or guardians, in writing, through the probation officer. Parents or guardians, the probation officer, and the court shall be immediately notified of a youth's serious illness or accident.

 

k)         Recommendations

 

1)         Medication to be ingested should, whenever possible, be in liquid form.

 

2)         Conditions requiring immediate attention by a physician include, but are not limited to:  head injuries, coma, broken bones, open wounds, history of diabetes, epilepsy, tuberculosis, venereal disease, fever or bleeding.

 

3)         The Department of Public Health may be requested to assist detention facilities by:

 

A)        Providing immunizations;

 

B)        Investigating epidemics, contagious diseases, food poisoning and providing environmental inspections; and

 

C)        Providing health education literature, lectures and staff in-service training consultation.

 

4)         The Department of Human Services may be requested to assist detention facilities. Since youth may be emotionally disturbed, pre-psychotic, or psychotic but in a temporary state of remission, the Department of Human Services may provide:

 

A)        Mental health staff members for detention facilities;

 

B)        Hospitalization of psychotic youth;

 

C)        In-patient and out-patient treatment of discharged youth;

 

D)        Mental health education; and

 

E)        Diagnostic examinations for reports and commitments.

 

5)         Existing facilities should provide a private area for a medical examining room.

 

6)         Detention personnel should receive instruction for emergency care of epileptics during seizures. Specialized care for epileptics will be determined by the detention physician.

 

7)         Diabetics and epileptics should be closely supervised as they may fail to follow their diet, react to an overdose of medication or, conversely, ignore necessary medication. Diabetics and epileptics should be regularly seen by the facility physician.

 

Section 2602.90  Mental Health Services

 

a)         All facilities shall employ or contract with qualified mental health professionals to address the needs of youth identified in the mental health screening, as well as needs that arise during the period of confinement. Services shall meet or exceed the community level of care.

 

b)         Youth with significant mental health needs shall be assessed by a qualified mental health professional. A service plan shall be developed for each youth that includes:

 

1)         Counseling or psychotherapy to be provided;

 

2)         Behavioral management strategies and goals;

 

3)         Medication;

 

4)         Protocol for monitoring youth's progress; and

 

5)         Needed adjustments to normal detention programs and procedures.

 

c)         The facility shall provide appropriate services to youth with serious mental illnesses (e.g., bi-polar disorder, psychosis, severe depression) including psychiatric evaluation and care, as well as prescribing and monitoring psychotropic medication.

 

d)         Suicide Prevention/Intervention

The facility shall have policies and procedures in place to identify youth who are at risk of suicide and develop individualized emergency intervention plans in concert with a qualified mental health professional.

 

1)         Youth who are considered actively suicidal must be under constant supervision or transferred to a mental health facility.

 

2)         Youth who are at risk of self-harm shall be encouraged to participate in programming.

 

3)         Youth at risk of self-harm shall not be clothed or housed in degrading or uncomfortable garments or environments or left naked.

 

4)         Rescue tools shall be available and easily accessible to staff on all living units.

 

Section 2602.100  Clothing, Personal Hygiene, Grooming

 

a)         Laundry

Mechanical washing, drying equipment and cleaning agents must be provided when youth are required to supply and wear personal clothing.

 

1)         If youth are required to wash and dry their personal clothing, a staff member shall supervise and instruct youth in the proper use of cleaning aids during the washing process.

 

2)         When clothing is provided by the facility, clean clothing shall be issued at least three times weekly.

 

3)         Youth shall be provided with clean underclothing and socks daily.

 

b)         Grooming and Personal Hygiene

 

1)         Hair combs and hair brushes shall be furnished to each youth upon admission.

 

2)         Opportunities to shower shall be provided daily except as amended by medical advice in individual cases. Facilities shall provide shampoo and soap without cost to youth.

 

3)         Youth shall not be required to shave.

 

A)        However, youth shall be permitted to shave as often as desired. Shaving equipment shall be made available.

 

B)        There shall be no standard hair length or style required.

 

C)        Sideburns, mustaches and beards are acceptable.

 

4)         Female youth shall be provided articles for feminine hygiene as requested by youth without limit or cost.

 

Section 2602.110  Food Services

 

a)         Meal and Food Service

Detention facilities shall provide meals and food service that conform to the following:

 

1)         Food must be of sufficient nutritional value with a balance of fruits and vegetables and provide a daily minimum of 2,500-3,000 calories. Food shall not be used as a reward or withheld as a disciplinary measure.

 

2)         Meals shall be provided at reasonable and proper intervals (i.e., adhering to recognized breakfast, lunch, and dinner schedules). No more than 14 hours shall elapse between the serving of evening and breakfast meals, if no bed snack is allowed.

 

3)         Three complete and balanced meals shall be served to each youth for each 24 hours of detention.

 

4)         A drink, in addition to water, shall be available with each meal and milk shall be available for at least two meals during each 24 hours of detention.

 

5)         Special diets shall be adhered to when prescribed by a physician.

 

6)         The superintendent may elect to provide meals and food service by one or more of the following methods:

 

A)        Contract for catered food service.

 

B)        Provide frozen or otherwise pre-prepared meals that have been processed by the procedure required to produce a condition suitable for consumption.

 

C)        Food preparation and service in an on-site kitchen with food service staff who are employees of the facility.

 

7)         At least one full-time cook or the food service provider shall have food services sanitation manager certification from the Illinois Department of Public Health.

 

8)         Meals shall be served and conducted in a group setting except when prohibited by security or medical needs.

 

9)         Divided or compartmented trays shall be used for full meal service. Food trays, dishes and eating utensils shall be removed from the dining room soon after the meal is finished and returned to the kitchen for proper washing and sterilizing or disposal.

 

10)        Ranges, stoves and ovens shall be equipped with an accurate thermostat or temperature gauge.

 

11)        A mechanical dishwasher, meeting Illinois Department of Public Health standards (77 Ill. Adm. Code 750) is preferred, but in its absence:

 

A)        A three-compartment stainless steel sink with drainboard is required:  one compartment for washing, 110 degrees Fahrenheit water containing adequate soap or detergent; one compartment for rinsing; and one compartment for sterilization, with the water temperature no less than 170 degrees Fahrenheit or sterilization using a sanitizing agent.

 

B)        Dishes, trays and eating utensils shall be drain dried and not wiped dry.

 

12)       Dry stores such as flour, cereal, dried beans, peas, coffee and canned goods shall be stored in a cool, dry and well-ventilated area, screened or otherwise protected against insects and rodents.

 

A)        Containers used to store dry bulk quantities shall be lined with or have the interior coated with an acceptable impervious substance or plastic.

 

B)        Fresh fruits, vegetables, dairy products, meats and frozen food shall be refrigerated in accordance with Illinois Department of Public Health standards. All refrigerators and freezers shall be equipped with an accurate thermometer. Frozen food shall be kept at or below 0 degrees Fahrenheit. All perishable foods shall be stored at such temperature as will protect against spoilage (no higher than 45 degrees Fahrenheit).

 

b)         Method of Providing Food Service

Food preparation sources must meet the conditions and requirements, including licensing requirements, established by the Illinois Department of Public Health (77 Ill. Adm. Code 750). 

 

c)         Menus

Menus shall be preplanned and copies of the menu served shall be maintained for three months. The menu shall be diversified so as to avoid the monotony of a standardized diet.

 

d)         Staff Meals

Staff members shall be served meals no different in quality, quantity or menu than that served to youth.

 

Section 2602.120  Sanitation

 

a)         General Requirements

A cleaning schedule shall be established.

 

1)         Floors shall be swept and mopped at least once daily.

 

2)         Windows shall be clean.

 

3)         Insect screens shall be installed in windows, when appropriate, for protection from flying insects.

 

4)         Ventilation must be sufficient to admit fresh air and remove disagreeable odors.

 

5)         Forced air or other form of artificial ventilation in the living area shall provide 60 cubic feet per minute of air exchange per person.

 

6)         Walls shall be kept clear of etched or inscribed drawings or writing.

 

7)         Walkways and corridors shall be free of litter and trash.

 

8)         Mops and other cleaning tools and implements shall be thoroughly cleaned and dried after each use and securely stored in a well-ventilated place.

 

9)         All youth cleaning details shall be under the supervision of a staff member.

 

b)         Facility Equipment

Quarters equipment (e.g., toilets, washbasins, shower stalls and sinks) shall be thoroughly cleaned each day.

 

1)         All trash and garbage containers shall be equipped with tight-fitting covers.

 

2)         Trash and garbage shall be removed at least daily and disposed of in a sanitary manner.

 

c)         Facility Drinking Equipment

A drinking fountain shall be provided in the indoor recreational area and accessible to any outdoor recreational area.

 

d)         Facility Supplies

An adequate supply of clean clothing, bedding, towels, soap and cleaning supplies shall be maintained.

 

1)         Sheets and mattress covers shall be changed and washed at least once a week.

 

2)         Vinyl-covered mattresses must be washed with hot water, detergent and disinfectant monthly or before reissue.

 

3)         Blankets shall be laundered, or otherwise sterilized, monthly or before reissue.

 

4)         Cotton or fiber-filled mattresses or pads shall be aired and spray-sanitized monthly or before reissue.

 

5)         A clean towel shall be issued to each youth at least three times weekly.

 

6)         Shaving and barber tools shall be thoroughly cleaned by the user, returned to a staff member, and secured.

 

e)         Facility Food Service

The floors of all rooms in which food or drink is stored, prepared, served or in which utensils are washed, shall be kept clean.

 

1)         All counters, shelves, tables, equipment, and utensils with which food or drink come in contact shall be maintained in good repair and free of corrosion, cracks and chipped or pitted surfaces.

 

2)         Utensils shall be stored in a clean, dry place protected (covered or inverted) from flies, dust, overhead leakage and condensation.

 

3)         Plumbing shall be in good working order.

 

4)         The range cooking surface shall be scraped daily. Hoods, vents and filters shall be cleaned regularly.

 

5)         All windows, walls, and woodwork shall be kept clean.

 

f)         Body Pests

Frequent inspection of living areas shall be made to aid in control of body pests. Immediate extermination measures shall be taken when body pest infestation occurs, including spraying or fumigation of bedding, clothing, equipment and all areas of the building supportive to existence and reproduction of the pests.

 

g)         Pest and Vermin Control

A continuous and effective program of insect and rodent control and extermination shall be established.

 

Section 2602.130  Supervision

 

a)         Shift Coverage

There must be sufficient staff members to ensure a ratio of 1:8 staff per youth during waking hours and 1:16 during sleeping hours present in the detention area, awake and alert at all times, to provide supervision while youth are in custody.

 

1)         No detention facility shall have fewer than three persons on duty, except two staff persons may be on duty and one on call when only male or female youth are detained (e.g., when there are no female youth in detention, a female staff member must be on immediate call and when there are no male youth in detention a male staff member must be on immediate call.). On the midnight shift, two persons may be on duty and one on call.

 

2)         Staff members shall maintain a record of visual contact with each youth no less than once every 30 minutes; however, visual contact for youth on crisis status shall be made at least once every 10 minutes. Crisis status is a determination made by a mental health professional or other designated staff member to provide for the safety of a youth experiencing crisis, including the designation of a crisis level and implementation of an individualized Crisis Care Plan. Entries shall show the time of checks by the staff member, signature and any relevant remarks.

 

3)         Supervision of youth shall be constant. Responsibility for supervision of youth remains with staff members. Non-staff persons, such as volunteers, should provide only that supervision necessary to direct or to perform the specific activity for which they are present.

 

4)         Under the following conditions, except in extreme circumstances, supervision shall be provided by a person of the same gender:

 

A)        When procedures require physical contact or examination, such as strip searches; and

 

B)        During periods of personal hygiene activities and care such as showers, toileting and related activities.

 

5)         The standard in subsection (a)(4) does not prohibit the use of necessary force by a staff member of a sex other than that of a youth.

 

b)         Log Record

A shift log shall be maintained as a record of incidents and activities, including supervisory checks, occurring on the shift.

 

c)         Peer Supervision

No youth shall be allowed to have authority or disciplinary control over another youth.

 

d)         Night Hours

Designated lights-out time shall be determined by administrative policy but shall not be set earlier than 10 p.m.

 

e)         Public View

To the extent possible, detained youth shall be protected from observation that reveals their individual identity.

 

f)         Detention Room Observation Windows

Each detention room door shall be provided with an observation window of at least 60 square inches, with the smaller dimension no less than 5 inches wide, to provide visual supervision of the room.  All glass shall be wire reinforced, heavy safety-type or high tempered, measuring at least one-fourth inch thick.

 

Section 2602.140  Security

 

a)         Searches

Youth permitted to leave the facility grounds temporarily, for any reason, shall be thoroughly searched prior to leaving and before reentering. A strip search may be administered only when there is individualized, reasonable suspicion.

 

b)         Training

Staff members and other personnel assigned to detention duties must be trained in security measures and handling of special incidents such as assault, disturbance, fire and natural disasters.

 

c)         Detention Security

Staff members must exercise and control security measures and shall not permit youth assistance.

 

1)         All detention locks and doors shall be regularly and frequently inspected to ensure their proper working order and to detect escape efforts.

 

2)         Living unit doors opening into a corridor shall be kept locked except when necessary to permit entry or exit.

 

3)         Detention rooms and storage rooms shall be kept locked at all times when not in use.

 

d)         Light Switches

Electric light switches shall be in the corridor. Light switches shall be key operated.

 

e)         Detention Windows

All glass shall be wire reinforced, heavy safety type or high tempered, measuring at least one-fourth inch thick. All detention windows that can be opened shall be covered with stainless-steel mesh detention screen with minimum 800 psi (12 strands per inch) and spring mounted with lock controlled frame mounted flush with the inside wall.

 

f)         Room Searches

Frequent but irregularly scheduled searches of youth and their quarters shall be made to detect the presence of weapons and other contraband and should be orderly and with recognition of the youth's rights. Room searches should be conducted with the youth observing the procedure, whenever possible.

 

g)         Body Searches and Viewing – PREA

 

1)         The facility shall not conduct cross-gender strip searches or cross-gender visual body cavity searches (e.g., a search of the anal or genital opening) except in exigent circumstances or when performed by medical practitioners.

 

2)         The agency shall not conduct cross-gender pat-down searches except in exigent circumstances.

 

3)         The facility shall document and justify all cross-gender strip searches, cross-gender visual body cavity searches and cross-gender pat-down searches.

 

4)         The facility shall implement policies and procedures that enable youth to shower, perform bodily functions and change clothing without nonmedical staff of the opposite gender viewing their breasts, buttocks or genitalia, except in exigent circumstances or when the viewing is incidental to routine cell checks. Policies and procedures shall require staff of the opposite gender to announce their presence when entering a resident housing unit. In facilities (such as group homes) that do not contain discrete housing units, staff of the opposite gender shall be required to announce their presence when entering an area where residents are likely to be showering, performing bodily functions or changing clothing.

 

5)         The facility shall not search or physically examine a transgender or intersex youth for the sole purpose of determining the youth's genital status. If the youth's genital status is unknown, it may be determined during conversations with the youth, by reviewing medical records, or, if necessary, by learning that information as part of a broader medical examination conducted in private by a medical practitioner.

 

6)         The agency shall train security staff in how to conduct cross-gender pat-down searches, and searches of transgender and intersex youth, in a professional and respectful manner, and in the least intrusive manner possible, consistent with security needs. (See Section 315 of PREA.)

 

h)         Makeshift Weapons

After use, tools and equipment shall be accounted for by the staff member on duty and returned to their proper storage space.

 

1)         Eating utensils shall be accounted for after each meal and returned to the kitchen.

 

2)         Kitchen cutlery (i.e., paring knives, butcher knives, etc.) shall be listed and inventoried daily.

 

3)         Tools and equipment shall be listed and inventoried after each use.

 

i)          Maintenance

Any damaged or nonfunctioning security equipment must be promptly repaired. When it is necessary for outside maintenance to work in a detention living area, all youth shall be removed from the area and the living area carefully searched before youth are readmitted. Maintenance tools shall be carefully checked into and out of the detention area.

 

j)          Access to Records by Youth

No youth shall be assigned work that requires access to personal records of youth currently or previously in detention nor to staff personnel records.

 

k)         Population Count

A master population or locator board shall be established and maintained at the control center indicating the various group living areas and housing assignments. A head count shall be made and recorded at least four times daily, including counts taken at change of shift and night lockup.

 

l)          Key Control

Detention keys shall be stored in a secure key locker when not in use. There shall be at least one full set of detention keys, separate from those in use, stored in a safe place accessible only to staff members for use in an emergency. An inventory of all keys shall be made at the beginning of each shift. Youth shall not be permitted to handle, use or have detention keys of any type in their possession.

 

m)        Firearms and Other Weapons

No person, including law enforcement personnel, shall be permitted to enter any section of the detention area with a gun or other weapon.  Weapons shall be stored in a secure and locked drawer, cabinet or container outside the security area.

 

n)         Emergency Power Source

An emergency electrical power source shall be available in the event of a power failure.

 

Section 2602.150  Safety

 

a)         Fire Protection

The following procedures shall be followed to ensure safeguards against fire:

 

1)         Extinguishers shall be readily accessible to staff members, but not to youth. The local fire department shall be contacted regarding the location, type and number of fire extinguishers.

 

2)         Extinguishers shall be examined not less than once each year and tagged with the date of inspection and initials of the inspector.

 

3)         All staff members shall be familiar with the characteristics and operation of all types of extinguishers in the facility.

 

4)         Fire drills for staff personnel shall be conducted quarterly on each shift.

 

5)         A fire alarm system which includes smoke and carbon monoxide detectors shall be installed, maintained in good condition and inspected at least yearly by the local fire department. Date of inspection shall be recorded.

 

b)         Emergency Exits

Emergency exit doors shall be clearly indicated with at least 4½ inch block lettering stating "EXIT" in all capital letters; their location shall be made known to all staff members; and the keys for the doors shall be immediately available to staff members. There shall be two exits from each floor of detention.

 

c)         Horseplay

Youth shall be prohibited from engaging in wrestling, horseplay or any activity that could cause injury. Employees shall not engage in wrestling or other horseplay.

 

d)         Safety Orientation

Youth who volunteer and are assigned to vocational-type tasks shall be given a safety orientation prior to participation and shall be supervised while performing the task.

 

e)         Combustible Materials

Combustible materials such as drapes, curtains and rugs shall be of flameproof material. Paint shall be flame retardant.

 

Section 2602.160  Grievances

 

This Section shall apply to all grievances except for grievances regarding sexual misconduct outlined in Section 2206.170(d).

 

a)         Prior to submitting a grievance, all youth are encouraged to discuss the matter with a supervising staff member. All supervising staff members shall take reasonable steps to resolve youth issues whenever possible.

 

b)         Youth may file a grievance for any issue. Examples of common issues for youth grievances include, but are not limited to, the following:

 

1)         Damaged or lost personal property;

 

2)         Staff conduct;

 

3)         Handling of mail;

 

4)         Dietary issues;

 

5)         Medical or mental health treatment issues;

 

6)         Requests for Americans with Disabilities Act (42 USC 12101) accommodation; and

 

7)         Disciplinary issues.

 

c)         Youth grievances must be submitted in writing. Copies of grievance forms shall be available for youth to use, and the youth may keep a copy for the youth's records. Grievances may be submitted to the designated detention officer by hand or by depositing the grievance form in the locked grievance box.

 

d)         A grievance shall be filed within five calendar days after the discovery of the incident, occurrence, or problem that gives rise to the grievance. However, if a youth can demonstrate that a grievance was not timely filed for good cause, the grievance shall be considered.

 

e)         Youth may submit emergency grievances through this process but shall be encouraged to immediately report issues posing a substantial risk of imminent personal injury or other serious or irreparable harm to supervising staff members. Supervising staff members shall contact the superintendent or the superintendent's designee for prompt resolution of emergency issues posing a substantial risk of imminent personal injury or other serious or irreparable harm. Youth shall be instructed to note on the grievance form if it is submitted as an emergency.

 

f)         The designated detention administrator shall respond to all submitted emergency youth grievances as follows:

 

1)         Conduct an initial review of facts to determine whether circumstances indicate an emergency.

 

2)         Note on the grievance form when circumstances indicate an emergency and immediately forward to the superintendent. Also, immediately forward allegations of sexual misconduct to the PREA Coordinator.

 

3)         Note on the grievance form when circumstances do not indicate an emergency, notify the youth of this determination on the grievance form, and respond to the grievance in accordance with non-emergency procedures.

 

g)         The designated detention administrator shall respond to all non-emergency youth grievances as follows:

 

1)         Examine all relevant information concerning the issue being grieved, including interviewing witnesses and collecting documentation.

 

2)         Conduct a face-to-face meeting with the youth when the designated detention administrator determines there are serious issues related to safety, security, and well-being that are the subject of the grievance.

 

3)         Document all information sources on the response to youth grievance form (response form).

 

4)         When the designated detention administrator is capable of resolving the grievance, provide the youth with a response form within five working days of receipt, and forward a copy to the superintendent. The response shall include a description of the information considered and a rationale for the response.

 

5)         When the designated detention administrator is incapable of resolving the grievance, send the grievance form, all supporting documentation, and the partially-completed response form to the superintendent for review within five working days of receipt.

 

h)         Superintendents shall respond to youth grievances as follows:

 

1)         For emergency grievances, the superintendent shall provide the youth with a written response utilizing the grievance form within one working day of receipt and forward a copy for inclusion in the youth's file.

 

2)         For non-emergency grievances not resolved by the designated detention administrator, the superintendent shall review the grievance form and supporting documentation and provide the youth with a response form within five working days of the superintendent's receipt. A copy of the response form shall be forwarded for inclusion in the youth's file.

 

3)         For non-emergency grievances resolved by the designated detention administrator, the superintendent shall review the grievance form and supporting documentation and forward a copy for inclusion in the youth's file.

 

i)          A youth may appeal the designated detention administrator written response by completing the appeal section of the response form and sending the grievance form, response form, and supporting documentation to the superintendent within 5 calendar days of receiving the response. Upon receipt, the superintendent shall review the grievance and provide the youth with a written response within five working days.

 

j)          If the youth withdraws a grievance after submitting it, the designated detention administrator must document the withdrawal on the grievance form.

 

Section 2602.170  Discipline

 

a)         All facilities shall have a developmentally appropriate, research informed behavioral management program that supports the development of pro-social skills and provides positive reinforcement for good behavior. The program shall provide opportunities for immediate recognition of pro-social behavior as well as meaningful incentives and rewards for improvement and maintenance of desired behavior. The program shall also include potential sanctions for negative behavior that are developmentally appropriate, research informed, proportionate and fair.

 

b)         Written Rules

As part of the orientation process, prior to joining the programming, each youth shall receive a thorough verbal explanation of the rules and behavioral expectations as well as written copy of the rules and program. The verbal and written explanation shall include:

 

1)         The rules and regulations governing, and rewards for, behavior.

 

2)         A description of incentives and rewards.

 

3)         A description of behaviors that may incur sanction.

 

4)         Potential sanctions for negative behavior.

 

5)         Authorized methods of seeking information and making complaints, including time frame for resolution of complaints and appeal procedures and access to an advocate.

 

6)         All other matters necessary to enable youth to understand both their rights and obligations.

 

c)         Written Rules for Youth with limited English Proficiency or Youth with disabilities

 

1)         If a youth has limited English proficiency or a disability, the facility shall provide a translator or interpreter to explain the rules in the youth's primary language or a manner to ensure the youth will understand. Written rules should be available in multiple languages common among youth in the community.

 

2)         Written Rules Preventing Sex Abuse – PREA

 

A)        The agency shall take appropriate steps to ensure that youth with disabilities (e.g., youth who are deaf or hard of hearing, who are blind or have low vision, who have intellectual, psychiatric, or speech disabilities), have an equal opportunity to participate in or benefit from all aspects of the agency's efforts to prevent, detect and respond to sexual abuse and sexual harassment. Steps shall include, when necessary to ensure effective communication with youth who are deaf or hard of hearing, providing access to interpreters who can interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. In addition, the agency shall ensure that written materials are provided in formats or through methods that ensure effective communication with youth with disabilities, including residents who have intellectual disabilities, limited reading skills, or who are blind or have low vision. An agency is not required to take actions that it can demonstrate would result in a fundamental alteration in the nature of a service, program or activity, or in undue financial and administrative burdens, as those terms are used in regulations promulgated under title II of the Americans With Disabilities Act, 28 CFR 35.164.

 

B)        The agency shall take reasonable steps to ensure meaningful access to all aspects of the agency's efforts to prevent, detect and respond to sexual abuse and sexual harassment to youth who are limited English proficient, including steps to provide interpreters who can interpret effectively, accurately and impartially, both receptively and expressively, using any necessary specialized vocabulary.

 

C)        The agency shall not rely on youth interpreters, readers, or other types of youth assistants except in limited circumstances where an extended delay in obtaining an effective interpreter could compromise the youth safety, the performance of first-response duties under Section 364 of PREA, or the investigation of the youth's allegations. (See Section 316 of PREA.).

 

d)         Grievances – PREA

Each youth shall be permitted to make requests or complaints to the detention administration, without censorship as to substance. Established protocols shall allow for multiple avenues to submit complaints to facility or department administrators.

 

1)         The agency shall provide multiple internal ways for youth to privately report sexual abuse and sexual harassment, retaliation by other residents or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents.

 

2)         The agency shall also provide at least one way for youth to report abuse or harassment to a public or private entity or office that is not part of the agency and that is able to receive and immediately forward youth reports of sexual abuse and sexual harassment to agency officials, allowing the resident to remain anonymous upon request. Youth detained pursuant to a judicial immigration warrant shall be provided information on how to contact relevant consular officials and relevant officials at the Department of Homeland Security.

 

3)         Staff shall accept reports made verbally, in writing, anonymously and from third parties and shall promptly document any verbal reports.

 

4)         The facility shall provide youth with access to tools necessary to make a written report.

 

5)         The agency shall provide a method for staff to privately report sexual abuse and sexual harassment of residents. (See Section 351 of PREA.)

 

6)         Exhaustion of Administrative Remedies

 

A)        Time Limits

 

i)          The agency shall not impose a time limit on when a youth may submit a grievance regarding an allegation of sexual abuse.

 

ii)         The agency may apply otherwise-applicable time limits on any portion of a grievance that does not allege an incident of sexual abuse.

 

iii)        The agency shall not require a youth to use any informal grievance process, or to otherwise attempt to resolve with staff, an alleged incident of sexual abuse.

 

iv)        Nothing in this Section shall restrict the agency's ability to defend against a lawsuit filed by a youth on the ground that the applicable statute of limitations has expired.

 

B)        The agency shall ensure that:

 

i)          A youth who alleges sexual abuse may submit a grievance without submitting it to a staff member who is the subject of the complaint, and

 

ii)         The grievance is not referred to a staff member who is the subject of the complaint.

 

C)        Final Decisions

 

i)          The agency shall issue its final decision on the merits of any portion of a grievance alleging sexual abuse within 90 days of the initial filing of the grievance.

 

ii)         Computation of the 90-day time period shall not include time consumed by youth in preparing any administrative appeal.

 

iii)        The agency may claim an extension of time to respond, of up to 70 days, if the normal time period for response is insufficient to make an appropriate decision. The agency shall notify the youth in writing of any extension and provide a date by which a decision will be made.

 

iv)        At any level of the administrative process, including the final level, if the youth does not receive a response within the time allotted for reply, including any properly noticed extension, the youth may consider the absence of a response to be a denial at that level.

 

D)        Third Parties

 

i)          Third parties, including fellow youth, staff members, family members, attorneys and outside advocates, shall be permitted to assist youth in filing requests for administrative remedies relating to allegations of sexual abuse, and shall also be permitted to file requests on behalf of youth.

 

ii)         If a third party, other than a parent or legal guardian, files a request on behalf of a youth, the facility may require as a condition of processing the request that the alleged victim agree to have the request filed on their behalf, and may also require the alleged victim to personally pursue any subsequent steps in the administrative remedy process.

 

iii)        If the youth declines to have the request processed on their behalf, the agency shall document the youth's decision.

 

iv)        A parent or legal guardian of a youth shall be allowed to file a grievance regarding allegations of sexual abuse, including appeals, on behalf of a youth. A grievance shall not be conditioned upon the youth agreeing to have the request filed on their behalf.

 

E)        Emergency Grievance

 

i)          The agency shall establish procedures for the filing of an emergency grievance alleging that a youth is subject to a substantial risk of imminent sexual abuse.

 

ii)         After receiving an emergency grievance alleging a youth is subject to a substantial risk of imminent sexual abuse, the agency shall immediately forward the grievance (or any portion thereof that alleges the substantial risk of imminent sexual abuse) to a level of review at which immediate corrective action may be taken, shall provide an initial response within 48 hours of receipt, and shall issue a final agency decision within 5 calendar days of receipt. The initial response and final agency decision shall document the agency's determination whether the youth is in substantial risk of imminent sexual abuse and the action taken in response to the emergency grievance.

 

F)         The agency may discipline a youth for filing a grievance related to alleged sexual abuse only when the agency demonstrates that the youth filed the grievance in bad faith. (See Section 352 of PREA.)

 

7)         The agency shall establish a method to receive third-party reports of sexual abuse and sexual harassment and shall distribute publicly information on how to report sexual abuse and sexual harassment on behalf of a youth. (See Section 354 of PREA.)

 

8)         Youth Access to Outside Support Services and Legal Representation

 

A)        The facility shall provide youth with access to outside victim advocates for emotional support services related to sexual abuse, by providing, posting or otherwise making accessible mailing addresses and telephone numbers, including toll free hotline numbers when available, of local, State, or national victim advocacy or rape crisis organizations, and, for persons detained solely for civil immigration purposes, immigrant services agencies. The facility shall enable reasonable communication between youth and these organizations and agencies, in as confidential a manner as possible.

 

B)        The facility shall inform youth, prior to giving them access, of the extent to which communications will be monitored and the extent to which reports of abuse will be forwarded to authorities in accordance with mandatory reporting laws.

 

C)        The agency shall maintain or attempt to enter into memoranda of understanding or other agreements with community service providers that are able to provide youth with confidential emotional support services related to sexual abuse. The agency shall maintain copies of agreements or documentation showing attempts to enter into such agreements.

 

D)        The facility shall also provide youth with reasonable and confidential access to their attorneys or other legal representation and reasonable access to parents or legal guardians. (See Section 353 of PREA.)

 

e)         Prohibited Punishment

 

1)         Youth shall not be deprived of the following basic rights as part of a disciplinary response:

 

A)        Mattress, pillow, blanket, sheets;

 

B)        Meals including evening snacks;

 

C)        Clean clothes;

 

D)        Personal hygiene items;

 

E)        Daily exercise;

 

F)         Approved phone calls;

 

G)        Ability to send and receive mail;

 

H)        Education;

 

I)         Medical and mental health services:

 

J)         Access to shower;

 

K)        Visits with family or attorney;

 

L)        Access to reading materials; and

 

M)       Access to religious services/counseling.

 

2)         Group punishment for the misbehavior of one or more youth is prohibited. Punishment must be meted out on an individual basis.

 

3)         Corporal punishment or any punishment designed to humiliate or degrade youth is prohibited.

 

f)         Use of Force by a Staff Member

When the use of force is authorized, only the least force necessary under the circumstances shall be employed. When force is used, a complete written report shall be made. The facility shall have written policy and procedures that clearly define the parameters for use of force. Use of force must be used as a last resort after de-escalation and other strategies have failed. Staff must be trained in acceptable methods of physical intervention.

 

1)         Use of force must be limited to those situations where a youth's behavior is an immediate threat to themselves or to others.

 

2)         Staff must use the least restrictive response necessary and only for the period of time necessary for the youth to gain control.

 

3)         Pressure point control and pain compliance techniques are prohibited.

 

4)         Restraining youth in a manner that restricts the airway is prohibited.

 

5)         Supervisory staff shall debrief youth and staff involved in any use of force and develop strategies that might preclude future incidents.

 

g)         Use of Restraints

Mechanical restraints may only be used when other methods of control are not effective and only for the time necessary for the youth to regain control.

 

1)         Restraints may not be used for disciplinary reasons.

 

2)         Handcuffed youth must never be left alone.

 

3)         Youth may not be handcuffed to stationary objects.

 

4)         Placing youth in stress positions or hog-tying youth is prohibited.

 

5)         Use of straitjackets, restraint chairs and four or five point restraints are prohibited.

 

6)         Other instruments of restraint such as belly chains shall not be used except as a precaution against escape during transportation.

 

7)         Youth who are transported to court must have shackles or chains removed prior to entering the courtroom unless otherwise ordered by the judge.

 

8)         When restraints are used, a full written report shall be made.

 

9)         Restraints are prohibited on pregnant youth when in active labor.

 

h)         Chemical Agents

The use of chemical agents, including pepper spray, tear gas, and mace is generally prohibited. Chemical agents may be utilized when the youth's current behavior indicates that a physical hold or mechanical restraint would be impossible or insufficient to effectively diminish the imminent risk of serious harm. An unusual incident report shall be made pursuant to Section 2206.40(d) after any use of chemical agents.

 

i)          Room Confinement

The agency shall have written policies and procedures that limit the use of room confinement as punishment for rule violations. Voluntary requests for brief time outs by youth should be allowed and are not considered room confinement. Room confinement may be used only as a temporary response to behavior that threatens the safety of the youth or others.

 

1)         Prior to use of room confinement, staff shall have employed de-escalation techniques.

 

2)         Room confinement shall not be used for a fixed period of time, but only until the youth is calm enough to rejoin programming without being a risk to the safety of others.

 

3)         Supervisory staff shall be notified immediately when room confinement is used.

 

4)         Staff shall employ de-escalation techniques and engage the youth while the youth is confined.

 

5)         Youth confined to their rooms shall be directly supervised or minimally checked every 30 minutes. Youth on crisis status shall be minimally checked every 10 minutes.

 

6)         At no time should room confinement exceed 4 hours without administrators and/or mental health staff developing an individualized plan to address the behavior.

 

7)         A full written report shall be made whenever room confinement is used.

 

Section 2602.180  Employment of Youth

 

Work Assignments

Youth shall be expected to keep their rooms clean and assist with maintaining cleanliness of communal areas. Staff shall supervise all work assignments and provide necessary supplies and equipment. At no time shall youth perform any dangerous work or be exposed to toxic chemicals. If the facility chooses to offer opportunities for extra work assignments, positive behavioral incentives should be available for youth who volunteer.

 

Section 2602.190  Mail Procedures

 

a)         Scope

Procedures for receiving and sending mail must protect the youth's personal rights and provide for reasonable security practices consistent with the function of a detention facility. A youth shall be allowed to correspond with anyone if the correspondence does not violate any State or federal law, except a youth shall not be allowed to correspond with the victims of the youth's current or any previous offense unless the victim has given consent in writing.

 

b)         Incoming Mail

Youth shall be permitted to receive an unlimited number of letters.

 

1)         Incoming mail shall not be read, censored or reproduced but may be opened and examined for contraband or funds.

 

2)         Cashier's checks, money orders, certified checks or cash shall be recorded in the youth's personal property record or trust fund account indicating the sender, amount and date.

 

3)         Incoming letters containing contraband shall be held for further inspection and disposition by the superintendent.

 

A)        Contraband received shall be handled with care and labeled with the date of receipt, the name and address of the sender, the name of the youth to whom it is addressed, and the date and names of persons handling same.

 

B)        The appropriate law enforcement agencies shall be notified, and the items safeguarded in the event they are to be used as evidence in criminal proceedings or disciplinary action.

 

4)         All mail shall be distributed to the youth on the day it is received. A discharged or transferred youth's mail shall be forwarded unopened. If no forwarding address is available, mail shall be returned, unopened, to the sender.

 

5)         A youth shall not be allowed to open, read or deliver another youth's mail.

 

6)         Youth may receive books and periodicals subject to inspection by detention staff members.  Packages may be received only if approved by administrative policy and shall be subject to inspection before being delivered to the youth.

 

7)         The superintendent or designee shall retain the right to inspect non-privileged incoming mail when it is believed that security may be impaired.

 

c)         Outgoing Mail

Each youth shall be permitted to send, at personal expense, an unlimited number of letters.

 

1)         Postage shall be provided to indigent youth for at least three letters per week.

 

2)         Postage supplied to youth shall not be transferable.

 

3)         Appropriate stationery, envelopes and a writing implement shall be supplied.

 

4)         Youth may not send packages by mail unless granted permission to do so by the superintendent. 

 

5)         Outgoing mail shall be collected Monday through Friday. Every effort shall be made to ensure that outgoing mail is delivered to the US Postal Service on the same day.

 

6)         The superintendent or designee shall retain the right to inspect non-privileged outgoing mail when it is believed that security may be impaired. Except for privileged mail, youth shall submit outgoing mail in unsealed envelopes.

 

d)         Outgoing Privileged Mail

Outgoing letters from youth to persons or organizations listed in this subsection (d) are privileged communications and may be sealed by the youth prior to submission for mailing. Letters shall not be opened by the detention staff before mailing and shall be dispatched promptly.

 

1)         Elected or appointed federal or State officials including any U.S. Senator or Representative; any federal judge or the clerk of any federal court; the Attorney General of the United States; the Director of the Federal Bureau of Prisons; the Governor of the State of Illinois; any Illinois Circuit, Associate, Appellate or Supreme Court judge; the Illinois Attorney General; and any member of the Illinois General Assembly.

 

2)         The Director of the Department; a Deputy Director of the Department; and the Chief of the Office of Detention and Audit Services of the Department.

 

3)         Any attorney currently licensed to practice law.

 

4)         All correspondence addressed to legal aid organizations and any other organization whose official declared purpose is to provide legal services for youth.  These letters may be addressed either to paraprofessional personnel at the organization or to the organization office.

 

5)         The John Howard Association.

 

e)         Incoming Privileged Mail

Incoming mail from persons or organizations identified in the preceding standard may be opened only for verifying the addressee and the addressor, and to ascertain that nothing other than legal and/or official matter is enclosed.  Mail opening must be in the presence of the youth.

 

f)         Disciplinary Denial

Youth shall not be denied mail rights for disciplinary purposes; however, a serious violation of mail regulations may result in close scrutiny of mail.

 

g)         Release, Transfer or Discharge

A released, transferred or discharged youth shall be permitted to take all personal mail.

 

Section 2602.200  Telephone

 

a)         Telephone Communication Upon Admittance

Each youth shall be given an opportunity to make a reasonable number of telephone calls upon admittance to reach a parent, guardian, or an attorney. (Refer to Notice of Rights, Section 2602.50(a).)

 

b)         Telephone Schedule

A schedule to permit each youth to place at least two telephone, free of charge, calls each week shall be established. Additional calls may be permitted by local administrative direction.

 

1)         A minimum of 15 minutes shall be allotted for each phone call.

 

2)         Telephone calls shall not be monitored; however, verification of the party called may be required.

 

3)         A record of telephone calls, including date and person called, shall be maintained.

 

c)         Incoming Telephone Calls

Youth shall be allowed to receive a reasonable number of telephone calls from parents, guardians and clergy. These calls may be monitored. A designated time period each day shall be established by the administration for youth to receive calls so as not to interfere with the normal functions of the detention facility.

 

d)         Calls with Attorneys

Telephone calls with attorneys shall not be restricted and shall not count against the allotted number of calls. These calls shall be considered private and shall not be monitored. Verification of the attorney may be required.

 

e)         Violation of Telephone Rules

Violation of detention rules governing the telephone program may result in suspension of telephone usage for a designated period of time for the youth.

 

Section 2602.210  Visiting

 

a)         Minimum Standards

 

1)         Visit Regulations

The superintendent shall establish written procedures regarding visits.

 

A)        A liberal visiting schedule shall be established identifying no fewer than two visiting days each week, one of which must be during the weekday evening hours and one during the weekend. Additionally, visiting shall be allowed on all legal holidays. A facility can, on a case-by-case basis, allow visits outside the normal visiting hours to ensure at least weekly visitation if the parents' or guardians' work schedule precludes visits during regular hours or a family emergency exists (e.g., death in family).

 

B)        Facility policy shall prioritize family engagement with youth during custody. Minimally parents and grandparents shall be allowed visits with consideration for siblings, extended family, children of the youth and other concerned adults. A list of authorized visitors for each youth shall be developed in consultation with the assigned court services or aftercare worker.

 

C)        No restriction shall be placed on visits by attorney, clergy, social workers, probation officers or other persons professionally associated with a youth's case at reasonable non-scheduled hours. These visits shall not count against any limitation that may be placed on the number of visits allowed.

 

D)        Youth shall be authorized at least one hour for each visit.

 

E)        Visits shall be supervised only to the extent that privacy is assured. Visits shall be contact visits unless specific concerns preclude contact visits for identified individuals.

 

F)         Facility policy shall have an option for video conferencing.

 

2)         Privileged and Confidential Visitation

An area for private interviews between youth and attorneys, religious advisors or other professional person shall be provided and arranged to ensure privacy.

 

3)         Security Precaution

All adult visitors shall be required to provide identification and sign a visitor register before being permitted to visit a youth.

 

4)         Searches

The visiting area should be thoroughly searched before and after each visit. Visitors are subject to search, and a search notice sign must be conspicuously posted. Youth must be thoroughly searched after each contact visit. A strip search may be administered to a youth only when there is individualized, reasonable suspicion.

 

b)         Restrictions

 

1)         Persons prohibited by court order from contact with a youth shall be denied visits.

 

2)         Persons suspected to be under the influence of alcoholic beverages or drugs should be denied visits with youth.

 

3)         Visitors shall be prohibited from bringing personal items in accordance with rules of contraband. Facilities shall provide, free of charge, space for individuals to secure personal belongings.

 

Section 2602.220  Detention Programs

 

Programs designed to address the risk and needs of delinquent youth shall be provided to youth in custody either by staff or community providers. Programs may include drug and alcohol treatment, group or individual counseling, social and life skills training and family interventions. Facilities shall have in place an evidence-based positive behavior program that target criminogenic risk and needs of youth in custody.

 

Section 2602.230  Education

 

a)         Education

Each facility must designate a qualified educational authority responsible for the development and implementation of the educational program. The educational authority must ensure that:

 

1)         The program complies with State and federal education standards.

 

2)         Teacher student ratios are at least 1:12 for general education and 1:8 for students with Individualized Education Programs (IEPs).

 

3)         Qualified special education staff are assigned to youth with special education status and special education testing is available for youth in custody.

 

4)         IEPs are in place for youth with special education status. Teachers shall follow the IEP and document the progress.

 

5)         Materials and resources are similar to what would be available in a public school.

 

6)         All youth are enrolled immediately upon admission.

 

b)         A detention facility shall operate a 12 month long schedule of school instruction and programming with appropriately certified teachers that are licensed by the State Board of Education. There shall be a minimum of five hours of instruction per day.

 

c)         Curriculum

The curriculum shall supply instruction in language arts, mathematics, biological or physical sciences, social studies, fine arts and physical developmental health.

 

d)         Notification

A youth's home school shall be immediately notified of the youth's detention status.  Detention school attendance is credited on the youth's home school attendance record. Facilities shall develop protocols to optimize the potential for youth to receive credit in their home schools for work in detention.

 

e)         Obtaining and Sharing of School Records

There shall be a written policy for obtaining school records upon a youth's admission into detention and for sharing of school records when a youth leaves detention in accordance with the Section 6 of the Illinois School Student Records Act [105 ILCS 10].

 

f)         Class Size

Class size shall not exceed 12 students per teacher.

 

1)         Classes shall be coeducational.

 

2)         Remedial classes shall be limited to a maximum of eight students.

 

g)         Classroom Size

Classrooms shall provide no less than 150 square feet for the teacher and 20 square feet per student per room.

 

1)         Toilet and washbasin facilities must be located in or near the classroom.

 

2)         Equipment and supplies shall be of similar quality and quantity as provided in public school facilities.

 

h)         Arts and Crafts Room

Arts and crafts activities requiring special equipment (i.e., pottery, woodshop) shall have a special room provided.

 

1)         Special equipment shall have safety devices available and safety operational signs posted.

 

2)         Each youth shall be given a safety orientation lecture before using equipment.

 

3)         Secure storage areas shall be provided for tools, supplies and unfinished projects.

 

4)         Tools shall be inventoried at the end of each class session.

 

i)          School Exempt Youth

A schedule shall be established providing for separate activities for youth who have already obtained their high school diplomas or GED.

 

j)          Reporting

 

1)         Each facility shall file an annual education plan no later than August 1 with Office of Detention and Audit Services and the Administrative Offices of the Illinois Courts. Each annual plan shall contain the following:

 

A)        Number of anticipated school days;

 

B)        How the curriculum complies with State and federal standards;

 

C)        How the facility will limit class size; and

 

D)        How course credits will be calculated and awarded.

 

2)         Each facility shall file an annual education report no later than July 1 with Office of Detention and Audit Services and the Administrative Offices of the Illinois Courts. Each annual report shall include the following:

 

A)        Number of students served, including;

 

i)          males;

 

ii)         females;

 

iii)        ages;

 

iv)        grade level;

 

v)         Individualized Education Program; and

 

iv)        Plan under Section 504 of the Rehabilitation Act of 1973 (29 UCS 701).

 

B)        Total number of actual school days; and

 

C)        Teacher to student ratios.

 

Section 2602.240  Library

 

a)         Library Services

Library services shall be made available to all youth.

 

1)         Library materials shall include up-to-date information and recreational and education resources appropriate to a variety of age ranges and reading abilities.

 

2)         Reading material shall reflect varying racial, ethnic, recreational, religious, political and educational interests.

 

b)         Written Policy

There shall be a written policy describing access to the library.

 

c)         Library Personnel

In the absence of a full-time librarian, whether employed by a public library system or on the staff of the detention facility, there shall be a staff member whose job assignment shall include ongoing development and maintenance of the library and act as the liaison with a public library.

 

Section 2602.250  Religious Services

 

a)         Minimum Standards

 

1)         Religious Services

Youth shall be afforded an opportunity to participate in religious services and receive religious counseling.

 

2)         Compulsory Participation

Youth shall not be required to attend, participate or be exposed to religious services or discussions, or denied the same. Youth who choose not to participate in religious services shall not be confined to their rooms but allowed to participate in an alternative activity.

 

b)         Recommendation

Parents or guardian of a youth should be contacted when the youth expresses a desire to attend religious services or to receive religious counseling in a faith other than that of the family.

 

Section 2602.260  Recreation and Leisure Time

 

a)         Recreation

Vigorous physical activities, indoor and out, shall be a part of the daily schedule.  Passive indoor activities, in addition to television viewing and radio listening, shall be included. At least one hour of physical recreation and one hour of additional leisure activity shall be scheduled each day.

 

b)         Exercise Area

Facilities shall include a gymnasium and outdoor space of sufficient area to allow strenuous physical exercise. 

 

1)         The exercise room must be at least 20 by 40 feet for facilities of less than 60 rated capacity.

 

2)         Facilities of 60 or more rated capacity shall have a standard size gymnasium.

 

3)         Areas for outdoor yard exercise must provide at least 200 square feet of recreation space per youth with a minimum size of 3,000 square feet.

 

c)         Restrooms

Toilet facilities shall be immediately accessible to youth off the play area of exercise rooms and outdoor yard areas.

 

d)         Exercise Equipment

Exercise areas shall be appropriately equipped and utilized within the limitations of security requirements.

 

f)         Written Policy

There shall be a written policy covering day-to-day exercise activities and schedules.

 

Section 2602.270  New Design and Construction

 

a)         Department Approval

The Department shall approve all remodeling and new construction plans of detention facilities. The Department will assist architects in planning new facilities through consultation and review of preliminary and final drawings submitted to the Department for examination.

 

1)         The architect's preliminary drawings shall be reviewed by the Department.

 

2)         A complete set of final plans and specifications shall be submitted to include:

 

A)        Architectural design;

 

B)        Heating and ventilating system;

 

C)        Plumbing specifications;

 

D)        Electrical specifications;

 

E)        Specifications for construction materials;

 

F)         Equipment; and

 

G)        Furnishings.

 

3)         Change orders in construction, subsequent to final plan approval, must be submitted to the Department.

 

4)         Plans showing the proposed building location must be submitted to the Illinois Department of Natural Resources to determine compliance with the Regulation of Construction within Flood Plains (17 Ill. Adm. Code 3706) and Construction Activities in Special Flood Hazard Areas (Executive Order 79-4, effective June 1, 1979).

 

b)         Compliance with Local and State Laws and Existing Standards for County Detention Homes

The Department shall withhold approval of a site or building design not complying with the requirements of or having the approval of local zoning boards, county or municipal governing bodies or commissions, or other responsible agencies.

 

c)         Location

The site shall be located so as to:

 

1)         Assure privacy for youth;

 

2)         Insure against encroachment by future construction on adjacent property;

 

3)         Permit future expansion of the facility; and

 

4)         Be reasonably accessible by available public transportation.

 

d)         Rated Capacity

The rated capacity of each detention facility shall be established prior to construction. 

 

e)         Lighting

Fixtures shall be tamperproof, recessed and provide a comfortable reading level (30 foot-candles).  Building design shall provide for maximum natural light.

 

f)         Emergency Systems

Each facility shall be equipped with an automatic fire alarm system, including smoke and carbon monoxide detectors, fire sprinkler system and an emergency lighting system.

 

g)         Secure Doors

Placement and type of doors throughout a facility shall be of physical condition to ensure security and safety:

 

1)         Doors shall be either 14 gauge hollow metal filled with sound absorbing insulation or a solid hardwood with metal covering.   Doors to sleeping quarters and detention area corridors shall have a secure observation port.

 

2)         Door jambs shall be hinged to metal frames set securely in the wall. Hinges shall be concealed, tamperproof mounted and contain tamperproof hinge pins.

 

3)         Doors in Youth Quarters

 

A)        Shall have knobs on the corridor side only with a solid metal non-projecting finger pull on the room side; and

 

B)        Each door shall have a security-type ventilating feature unless air conditioning is provided.

 

h)         Corridors

When a central corridor design is used, the corridor must be no less than eight feet wide.  It must be without turns and blind spots and be well-lighted.

 

1)         Individual rooms shall be on each side of the corridor in a staggered fashion.

 

2)         Doors shall swing open into the corridor.

 

3)         The corridor shall provide direct entrance to the living area from the sleeping area.

 

i)          Admission Area

The admission area shall be accessible by separate entrance for youth being admitted and shall be:

 

1)         Adjacent to the detention area.

 

2)         Equipped with toilet, washbasin and shower facilities.

 

3)         Provided with a medical examination room adjacent to the admission area.

 

j)          Storage

Adequate storage area shall be provided in the admission area and living unit area.  Storage rooms, particularly janitor closets, shall be ventilated.

 

k)         Administration Area

The administration area shall provide adequate office space for private consultations. Staff washroom and shower areas shall be provided.

 

l)          Detention Room Space

Detention room floor space shall be a minimum of 80 square feet.