TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 501
SECURITY
SECTION 501.10 APPLICABILITY
Section 501.10 Applicability
This Subpart applies to the
Adult, Juvenile and Community Services Divisions of the Department of
Corrections (Department).
(Source: Amended at 11 Ill. Reg. 14697, effective September 1, 1987)
 | TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 501
SECURITY
SECTION 501.15 RESPONSIBILITIES
Section 501.15
Responsibilities
a) Unless otherwise specified, the Director or Chief
Administrative Officer may delegate responsibilities stated in this Subpart to
another person or persons or designate another person or persons to perform the
duties specified.
b) No other individual may routinely perform duties whenever a
Section in this Subpart specifically states the Director or Chief
Administrative Officer shall personally perform the duties. However, the
Director or Chief Administrative Officer may designate another person or persons
to perform the duties during periods of his temporary absence or in an
emergency.
(Source: Added at 11 Ill. Reg. 14697, effective September 1, 1987)
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 501
SECURITY
SECTION 501.20 DEFINITIONS
Section 501.20 Definitions
a) "Force" means physical contact used to coerce or
prevent some action on the part of a committed person, and the use of chemical
agents.
b) "Deadly force" means force which is likely to cause
death or great bodily harm, including the firing of weapons at or near a
committed person.
c) "Corporal punishment" means physical contact
intended to inflict pain for purposes of punishment.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 501
SECURITY
SECTION 501.30 RESORT TO FORCE
Section 501.30 Resort to
Force
a) Force shall be employed only as a last resort or when other
means are unavailable or inadequate, and only to the degree reasonably
necessary to achieve a permitted purpose.
b) Use of force shall be terminated as soon as force is no longer
necessary.
c) Medical screening and/or care shall be conducted following any
use of force which results in bodily injury.
d) Corporal punishment is prohibited.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 501
SECURITY
SECTION 501.40 JUSTIFIABLE USE OF FORCE
Section 501.40 Justifiable
Use of Force
a) Force may be used under the following circumstances in
accordance with the Unified Code of Corrections (Ill. Rev. Stat. 1991, ch. 38,
par. 1003-6-4) [730 ILCS 5/3-6-4]:
1) To compel compliance with a lawful order given by an
employee to ensure the safety and security of the facility.
2) To protect oneself or any other person from physical
assaults, injury or death.
3) To prevent escapes from the facility or from the custody of
employees in the community.
4) To apprehend escapees or offenders charged with a
violation of parole or mandatory supervised release within the community.
5) To protect State property or the property of others from
unauthorized use, possession, damage or destruction.
6) To prevent or suppress a riot, revolt, mutiny or insurrection,
or other serious disturbance.
b) An employee shall be authorized to use deadly force under the
following circumstances in accordance with the Unified Code of Corrections
(Ill. Rev. Stat. 1991, ch. 38, par. 1003-6-4) [730 ILCS 5/3-6-4]:
1) When he reasonably believes that such force is necessary to
prevent imminent death or great bodily harm to himself or any other person.
2) When he reasonably believes that such force is necessary to
prevent an escape of a committed person or to retake a person who has escaped.
3) To prevent or suppress a riot, revolt, mutiny or
insurrection or during a serious disturbance when there is reason to believe
that a committed person poses an imminent threat of escape, death, or great
bodily harm to another person.
4) When he reasonably believes that such force is necessary to
prevent unauthorized vehicles, aircraft, or persons from attempting to breach
the perimeter fence of the facility in order to assist in an escape or
insurrection by committed persons.
c) Prior
to using deadly force:
1) The employee should ensure that no other reasonable means of
intervention are available to prevent death, great bodily harm or escape.
2) Oral commands and warning shots shall be used within adult
facilities, whenever time and circumstances permit. Warning shots shall not be
fired when there is apparent danger of injury to an innocent third party.
3) Prior authorization of the use of weapons within facilities
shall be given by the Chief Administrative Officer, whenever time and
circumstances permit.
(Source: Amended at 18 Ill. Reg. 6328, effective May 1, 1994)
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 501
SECURITY
SECTION 501.50 FIREARMS AUTHORIZATION
Section 501.50 Firearms
Authorization
a) Employees shall not be authorized to carry or use a firearm
unless they have received Department firearms training and qualification.
b) The Director may authorize employees to carry firearms:
1) To escort or transport a committed person outside the facilities
of the Department and to return from such trips;
2) To protect, arrest, apprehend and reconfine a committed
person;
3) To fill assigned security positions requiring firearms as
standard equipment; and
4) For training purposes.
c) The Director may personally authorize other agency employees
to carry firearms after determining that there is a need based upon the
specific duties and responsibilities of the employee.
(Source: Amended at 11 Ill. Reg. 14697, effective September 1, 1987)
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 501
SECURITY
SECTION 501.60 GENERAL USE OF CHEMICAL AGENTS
Section 501.60 General Use
of Chemical Agents
a) Chemical agents may be justified under the following
circumstances:
1) When use of force is otherwise justified (Section 501.40).
2) When lesser means are unavailable or inadequate.
b) Prior to the use of any chemical agent when time and
circumstances reasonably permit, the committed person against whom it is to be
directed shall be warned that chemical agents may be used.
c) The use of chemical agents shall be authorized by the Chief
Administrative Officer.
d) When time and circumstances permit, committed persons other
than those against whom the chemical agents are directed shall be removed from
the area before the chemical agents are used.
e) The amount of chemical used and means of dispersal shall be
limited to that necessary to achieve the purpose for which the chemical is
being used.
f) Prior to and following the use of chemical agents,
precautionary measures which are reasonable under the circumstances shall be
taken to limit the noxious side effects of the chemical agents.
g) Notwithstanding anything else in this Section to the contrary,
oleocapsicum (commonly known as pepper mace or OC) may be used without warning.
h) Nothing contained in this Section shall allow chemical agents
to be used contrary to the provisions of Section 501.70 when a committed person
refuses to leave his cell.
(Source: Amended at 18 Ill Reg. 6328, effective May 1, 1994)
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 501
SECURITY
SECTION 501.70 USE OF CHEMICAL AGENTS IN CELLS (CONSENT DECREE)
Section 501.70 Use of
Chemical Agents in Cells (Consent Decree)
a) This Section applies only to the transfer of a committed
person who has refused to leave his cell when so ordered. The transfer of a
committed person shall be undertaken with a minimum amount of force. Only when
the individual threatens bodily harm to himself, other committed persons or
correctional officers may tear gas or other chemical agents be employed to
remove him.
b) Prior to use of tear gas or other chemical agents, the
committed person shall be informed that such tear gas or other chemical agents
will be used unless he complies with the transfer order.
c) The use of tear gas or other chemical agents may be authorized
only by an officer the rank of Captain or above. (For purposes of this rule,
the shift supervisor or higher authority in the Juvenile Division may authorize
the use of tear gas or other chemical agents.)
d) Precautionary measures shall be taken to limit the noxious
side effects of the chemical agents. In addition, the following procedures
shall be followed whenever tear gas or other chemical agents are used to compel
a committed person to leave his cell:
1) If circumstances allow, ventilation devices, such as windows
and fans, shall be readied prior to the use of tear gas or other chemical
agents. In any event, these devices shall be employed immediately after tear
gas or other chemical agents are used. The purpose of this procedure is to
minimize the effect of tear gas or other chemical agents upon other committed
persons located in the cell house.
2) Gas masks shall be available for use by correctional officers
at the time the tear gas or other chemical agent is used.
3) When a gas canister is placed inside a committed person's
cell, the gas will quickly take effect and correctional officers shall enter
the cell as soon as possible to remove the individual.
4) The committed person shall be instructed by the correctional
officer to flush his eyes and skin exposed to the chemical agent with water.
If the individual appears incapable of doing so, a member of the medical staff
present shall perform this task. If no member of the medical staff is present,
the correctional officer shall undertake this procedure.
e) An Incident Report shall be prepared immediately after the use
of the chemical agent. This report shall be signed by each correctional
officer involved in the transfer, who may indicate disagreement with any fact
stated in the report.
f) The Chief Administrative Officer shall examine these Incident
Reports to ensure that proper procedures were employed. Failure to follow
proper procedures will result in disciplinary action.
g) Before Section 501.70 is modified, legal staff must be
consulted. This Section was promulgated pursuant to settlement of litigation by
order of the court. It may not be modified without approval of the court.
(Source: Amended at 11 Ill. Reg. 14697, effective September 1, 1987)
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 501
SECURITY
SECTION 501.80 TRAINING
Section 501.80 Training
Training in procedures for use
of force shall be conducted for all institutional security employees.
SUBPART B: GENERAL SECURITY
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 501
SECURITY
SECTION 501.100 APPLICABILITY
Section 501.100
Applicability
This Subpart applies to the
Adult, Juvenile and Community Services Divisions of the Department of
Corrections (Department).
(Source: Amended at 11 Ill. Reg. 14697, effective September 1, 1987)
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 501
SECURITY
SECTION 501.105 RESPONSIBILITIES
Section 501.105
Responsibilities
a) Unless otherwise specified, the Director or Chief
Administrative Officer may delegate responsibilities stated in this Subpart to
another person or persons or designate another person or persons to perform the
duties specified.
b) No other individual may routinely perform duties whenever a
Section in this Subpart specifically states the Director or Chief
Administrative Officer shall personally perform the duties. However, the
Director or Chief Administrative Officer may designate another person or persons
to perform the duties during periods of his temporary absence or in an
emergency.
(Source: Added at 11 Ill. Reg. 14697, effective September 1, 1987)
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 501
SECURITY
SECTION 501.110 MOVEMENT OF COMMITTED PERSONS
Section 501.110 Movement of
Committed Persons
a) Handcuffs, security belts and/or leg irons may be used to
restrain any committed person when:
1) A person confined pending investigation or in disciplinary
segregation is moved within the facility,
2) A committed person is transported outside the facility, or
3) Determined by the Chief Administrative Officer to be necessary
to security.
b) Committed persons who are transported on writs shall not be
permitted visits without the permission of the Chief Administrative Officer and
the jurisdiction to which the person is transported. Visits of committed
persons hospitalized in the community may be restricted to the immediate family
and shall be subject to the general visiting policies of the hospital.
c) A committed person shall be accompanied by at least one
correctional employee of the same sex, to the extent possible, while being
transported outside a correctional facility, except in cases of an emergency or
as otherwise provided in 20 Ill. Adm. Code: Chapter I. This paragraph does
not apply to the Community Services Division except when transporting parole or
community correctional center violators.
(Source: Amended at 11 Ill. Reg. 14697, effective September 1, 1987)
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 501
SECURITY
SECTION 501.120 RESPONSE TO SERIOUS INSTITUTIONAL DISTURBANCES
Section 501.120 Response to
Serious Institutional Disturbances
a) The Chief Administrative Officer may confine committed persons
temporarily in all or part of the facility when determined necessary in order
to maintain security of the facility or the safety of committed persons,
employees or other persons.
b) The decision to impose a lockdown shall be reviewed and
approved by the Director, whenever possible, prior to the imposition of the
lockdown, but in any event, promptly thereafter.
c) Continuation of the lockdown shall be reviewed every 10 days
by the Chief Administrative Officer and the Director.
(Source: Amended at 11 Ill. Reg. 14697, effective September 1, 1987)
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 501
SECURITY
SECTION 501.130 SUBSTANCE ABUSE
Section 501.130 Substance
Abuse
a) Committed persons shall be subject to testing for unauthorized
use of drugs and alcohol on a random, routine, or reasonable suspicion basis.
Such testing shall not be used to harass, intimidate or unduly embarrass
committed persons.
1) Drugs shall mean any substance ingested, inhaled or injected
which is used to prevent a disease or as narcotics, stimulants, depressants or
other chemical substances, including controlled substances identified in
Section 3 of the Cannabis Control Act (Ill. Rev. Stat. 1987, ch. 56½, par. 703)
and the Illinois Controlled Substances Act (Ill. Rev. Stat. 1987, ch. 56½,
pars. 1100 et seq.) and over-the-counter medications.
2) Alcohol shall mean any substance ingested which contains
alcohol, including beer, wine, liquor, liqueur, cough medicine, etc.
b) Testing shall be conducted on a random basis as determined by
the Chief Administrative Officer in a manner in which neither staff or
committed persons may predetermine the frequency or on whom the testing will be
conducted. Random testing may include, but not be limited to, testing of the
entire inmate population of the facility, or specific units or program areas
within the facility.
c) Testing shall be conducted on a routine basis as determined by
the Chief Administrative Officer.
d) Testing shall be conducted as ordered by the Duty
Administrative Officer or above due to reasonable suspicion when objective
facts and circumstances warrant a rational inference that a person is using or
is under the influence of drugs or alcohol. Reasonable suspicion may be based,
among other matters, upon:
1) Observable phenomena, such as direct observation of use and/or
the physical symptoms of being under the influence of drugs or alcohol;
2) A pattern of abnormal or erratic behavior;
3) Information provided by reliable and credible sources or which
is independently corroborated; or
4) A committed person's possession of unauthorized drugs, drug
paraphernalia, or alcohol or discovery of same in an area controlled or
occupied by the committed person.
e) Committed persons shall be subject to discipline in accordance
with 20 Ill. Adm. Code 504 for failure to submit to drug or alcohol tests; for
tampering or attempting to tamper with the specimen or test results; or where
their test results reveal unauthorized use of drugs or alcohol.
(Source: Added at 13 Ill. Reg. 16977, effective November 1, 1989)
SUBPART C: SEARCHES FOR AND DISPOSITION OF CONTRABAND
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 501
SECURITY
SECTION 501.200 APPLICABILITY
Section 501.200
Applicability
This Subpart applies to the
Adult, Juvenile and Community Services Divisions of the Department of
Corrections (Department).
(Source: Amended at 11 Ill. Reg. 14697, effective September 1, 1987)
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 501
SECURITY
SECTION 501.205 RESPONSIBILITIES
Section 501.205
Responsibilities
a) Unless otherwise specified, the Director or Chief
Administrative Officer may delegate responsibilities stated in this Subpart to
another person or persons or designate another person or persons to perform the
duties specified.
b) No other individual may routinely perform duties whenever a
Section in this Subpart specifically states the Director or Chief
Administrative Officer shall personally perform the duties. However, the
Director or Chief Administrative Officer may designate another person or persons
to perform the duties during periods of his temporary absence or in an
emergency.
(Source: Added at 11 Ill. Reg. 14697, effective September 1, 1987)
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 501
SECURITY
SECTION 501.210 DEFINITION
Section 501.210 Definition
"Body search" means the removal and search of all
outer garments such as coats, jackets, sweaters covering shirts, shoes, hats
and gloves and a pat down of the person subsequent to removal of the outer
garments.
"Contraband" means items which are proscribed by
criminal law, departmental or facility rules or posted notices; items for which
a committed person has no authorization to possess; or property which is in
excess of that which is authorized by the facility.
"Strip search" means the removal or arrangement of
some or all of a person's clothing so as to permit a visual inspection of the
body or undergarments of such person.
(Source: Amended at 11 Ill. Reg. 14697, effective September 1, 1987)
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 501
SECURITY
SECTION 501.220 SEARCHES FOR CONTRABAND
Section 501.220 Searches for
Contraband
a) Searches of Visitors
1) All persons, vehicles and items brought onto State property
are subject to search. Prominent notice to this effect shall be posted at each
facility.
2) A body search of a visitor shall be conducted in an area
offering the visitor some degree of privacy.
3) A strip search of a visitor may be conducted by a correctional
employee only upon the consent of the visitor and in accordance with the
following provisions:
A) Department personnel must first have a reasonable suspicion
that the visitor may be in possession of contraband or be attempting to
transport contraband into the facility.
B) The visitor shall be informed that he may refuse to submit to
the search by Department personnel and may be denied the visit unless he
specifically consents in writing to a strip search.
C) The search shall be conducted by an employee of the same sex in
an area where the search cannot be observed by persons not conducting the
search.
4) Visitors shall not be subject to anal or vaginal cavity
searches by correctional personnel.
5) A search of a visitor may be conducted with the assistance of
a detector dog.
6) A visitor may refuse to submit to a search. However, failure
to submit to a search may result in denial, suspension or restriction of
visiting privileges.
b) Searches of Committed Persons
1) All committed persons and their clothing, property, housing and
work assignments are subject to search at any time.
2) Strip searches and visual searches of anal or vaginal body
cavities of committed persons shall be conducted by persons of the same sex as
the committed person and in an area where the search cannot be observed by
persons not conducting the search, except in cases of an emergency.
3) Intrusive searches of anal or vaginal body cavities of
committed persons may be performed by medical personnel when a reasonable
suspicion exists that contraband may be hidden in a body cavity. Intrusive
shall mean physical entry into a body cavity. The search shall be conducted in
an area where the search cannot be observed by persons not conducting the
search, except in cases of emergency. If the committed person does not consent
to an intrusive cavity search, the search may only be performed upon the
approval of the Chief Administrative Officer, in consultation with the center
physician or the Agency Medical Director, and upon consideration of factors
including, but not limited to, whether the search is medically contraindicated,
whether the committed person's health may be endangered if the contraband is
not removed, whether alternative means of securing the contraband are feasible,
and institutional security.
4) The Chief Administrative Officer may order a lockdown of the
facility or a portion thereof to facilitate a search for contraband in
accordance with Section 501.120 of this Part.
5) All items of contraband discovered during a search shall be
confiscated, marked and placed in a secure area until disposition in accordance
with Section 501.230.
6) An employee conducting the search of a committed person's
cell, room or dormitory shall complete a form indicating the date and time of
the search, the identities of participating officers, and a list of property
confiscated, if any, and present it to the committed person within a reasonable
time after the search.
(Source: Amended at 11 Ill. Reg. 14697, effective September 1, 1987)
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 501
SECURITY
SECTION 501.230 DISPOSITION OF CONTRABAND
Section 501.230 Disposition
of Contraband
a) Weapons, alcohol, unauthorized controlled substances, drug or
gang paraphernalia or items of like character shall be retained until
termination of use in criminal or disciplinary proceedings and then shall be
properly disposed. However, alcohol confiscated as evidence for disciplinary
proceedings may be disposed of prior to the disciplinary proceedings, provided
that a record of the disposal is maintained for use in the proceedings.
b) Unauthorized currency shall be deposited in the Inmates'
Benefit Fund after use in criminal or disciplinary proceedings. However,
currency confiscated as evidence for a disciplinary proceeding may be deposited
in the Inmates' Benefit Fund prior to the disciplinary proceeding, provided
that a record of the serial numbers of the currency is maintained for use in
the proceedings.
c) If it is determined that unauthorized or excess property
confiscated as contraband, other than property specified in subsections (a) and
(b) of this Section, belongs to the committed person, the committed person may,
within 30 days of notice of confiscation:
1) Have the property shipped at his own expense or have it picked
up at the facility during certain hours by a person designated in writing.
2) Request in writing that the property be destroyed.
3) Indicate, in writing, that he has filed a grievance regarding
the confiscation of the property.
d) If it is determined that unauthorized or excess property,
other than property specified in subsections (a) and (b) of this Section,
belongs to another committed person, it shall be returned to the owner or the
owner shall be permitted to dispose of the property in accordance with
subsection (c) of this Section.
e) Property which a committed person does not have shipped,
picked up from the facility or destroyed within 30 days of notice of
confiscation, or where the owner cannot be identified shall be sold, made State
loan, given to a charitable organization or destroyed, as determined by the
Chief Administrative Officer. The Chief Administrative Officer may hold the
property for an additional 30 days when it is not possible for the property to
be picked up within 30 days of notice of confiscation. Any proceeds from the
sale of confiscated property shall be deposited in the Inmate's Benefit Fund.
f) If a committed person grieves the confiscation of excess or
unauthorized property within 30 days of the notice of confiscation, the
property shall be retained at the facility until the grievance procedure has
been completed.
(Source: Amended at 11 Ill. Reg. 14697, effective September 1, 1987)
SUBPART D: PROTECTIVE CUSTODY
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 501
SECURITY
SECTION 501.300 APPLICABILITY
Section 501.300
Applicability
This Subpart applies to the
Adult Division of the Department of Corrections (Department).
(Source: Amended at 11 Ill. Reg. 14697, effective September 1, 1987)
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 501
SECURITY
SECTION 501.305 RESPONSIBILITIES
Section 501.305
Responsibilities
a) Unless otherwise specified, the Director or Chief
Administrative Officer may delegate responsibilities stated in this Subpart to
another person or persons or designate another person or persons to perform the
duties specified.
b) No other individual may routinely perform duties whenever a
Section in this Subpart specifically states the Director or Chief
Administrative Officer shall personally perform the duties. However, the
Director or Chief Administrative Officer may designate another person or persons
to perform the duties during periods of his temporary absence or in an
emergency.
(Source: Added at 11 Ill. Reg. 14697, effective September 1, 1987)
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 501
SECURITY
SECTION 501.310 REQUIREMENTS
Section 501.310 Requirements
a) Each maximum security facility shall maintain an area for
placement of committed persons in protective custody.
b) The protective custody area shall not be physically located on
the same gallery as disciplinary segregation facilities. Neither general population
nor disciplinary segregation individuals shall be permitted to have access to
this area except as approved by the Chief Administrative Officer.
c) Prior to multiple celling in the protective custody area, the
security needs of the individual persons shall be reviewed by the Chief
Administrative Officer.
d) Housing accommodations and essential services shall be
comparable to those provided for the general population.
(Source: Amended at 11 Ill. Reg. 14697, effective September 1, 1987)
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 501
SECURITY
SECTION 501.320 PROCEDURE FOR PLACEMENT
Section 501.320 Procedure
for Placement
a) A committed person may request placement in protective
custody. The employee to whom such a request is made shall promptly notify the
Chief Administrative Officer. Reassignment from the general population to
protective custody shall be accomplished as expeditiously as possible.
b) Within 10 working days after a committed person has been
placed in protective custody, he shall appear before the Assignment Officer.
The Officer shall make a recommendation to the Chief Administrative Officer
concerning the necessity of continued protective custody placement. The
following, among other factors, may be considered by the Assignment Officer in
making his recommendations:
1) Size, stature, age, degree of aggressiveness, criminal
history, any history of being victimized;
2) Identification of a specific individual who has threatened and
can be expected to continue to threaten to physically harm the committed person
requesting protective custody status;
3) Institutional records that indicate the person has previously
had difficulties adjusting within the general population due to pressure from
other committed persons;
4) Written or verbal reports from correctional employees or
others; or
5) Other information that in the Officer's judgment makes
continued protective custody placement necessary.
c) The Chief Administrative Officer shall make the final
determination. The committed person shall be informed of the decision in
writing. In the event that the Chief Administrative Officer determines that
the person should be removed from protective custody because his protective
custody needs cannot be substantiated, a copy of the decision shall be
personally served upon the committed person.
d) If the committed person intends to grieve the decision, he
must indicate his intent to do so in writing at the time he is served with the
Chief Administrative Officer's decision.
1) The Chief Administrative Officer shall notify the
Administrative Review Board who will review the grievance and provide
recommendations to the Director within 30 working days of its receipt, whenever
possible. The Director shall make the final determination.
2) While the grievance is pending, the committed person shall
remain in the protective custody area.
e) Any committed person who is voluntarily in the protective
custody area shall promptly be returned to the general population upon request
to appropriate staff, except as provided in Section 501.350.
(Source: Amended at 11 Ill. Reg. 14697, effective September 1, 1987)
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 501
SECURITY
SECTION 501.330 PERIODIC REVIEWS
Section 501.330 Periodic
Reviews
a) The Clinical Services Supervisor or other appropriate
supervisor shall assign correctional counselors to the protective custody
area. An interview of each committed person in protective custody shall be
conducted at least once every 30 days to evaluate the necessity of continued
protective custody status.
b) If the correctional counselor determines that a committed
person is no longer in need of protective custody placement, he shall submit a
written request for reevaluation to the Assignment Officer.
c) The Assignment Officer shall review the recommendation of the
correctional counselor and any other material the Officer determines to be
relevant. The Officer may consider, among other matters, those factors set
forth in Section 501.320(b) and may interview the committed person.
d) The Assignment Officer shall submit his recommendations to the
Chief Administrative Officer, who shall make the final determination regarding
continued protective custody placement. In the event that the Chief
Administrative Officer determines that the committed person should be removed
from protective custody because his protective custody needs can no longer be
substantiated, a copy of the decision shall be personally served upon the
committed person.
e) If the committed person intends to grieve the decision, he
must indicate his intent to do so in writing at the time he is served with the
Chief Administrative Officer's decision.
1) The Chief Administrative Officer shall notify the
Administrative Review Board who will review the case status and provide
recommendations to the Director within 30 working days of its receipt, whenever
possible. The Director shall make the final determination.
2) While the grievance is pending, the committed person shall
remain in the protective custody area.
(Source: Amended at 11 Ill. Reg. 14697, effective September 1, 1987)
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 501
SECURITY
SECTION 501.340 RECOMMENDATION FOR TRANSFER
Section 501.340
Recommendation for Transfer
a) The Assignment Officer may, at any time, recommend an
institutional transfer if he determines that a transfer would be in the best
interest of the committed person or the facility. The recommendation shall be
processed in accordance with rules and policies regarding transfers.
b) In the event that a committed person has been continuously
housed in protective custody for a period of six months and he requests a
transfer, the Assignment Officer shall recommend an institutional transfer.
The recommendation shall be processed in accordance with rules and policies
regarding transfers. The decision to approve or deny the transfer shall be
made in accordance with the Department's transfer criteria and the availability
of space. If the request is denied, the committed person shall thereafter be
permitted to request an institutional transfer in accordance with the
appropriate rules and policies.
(Source: Amended at 11 Ill. Reg. 14697, effective September 1, 1987)
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 501
SECURITY
SECTION 501.350 PROCEDURE FOR INVOLUNTARY PLACEMENT
Section 501.350 Procedure
for Involuntary Placement
a) In the event that any employee becomes aware of specific
information which indicates that the safety or security of a committed person
might be threatened, the employee shall transmit this information to the Chief
Administrative Officer.
b) If the Chief Administrative Officer determines that there
exists a clear and immediate threat to the safety of a committed person, the
Chief Administrative Officer shall offer the person placement in protective
custody. If he refuses, the Chief Administrative Officer may administratively
place him involuntarily in protective custody. The committed person shall be
provided with notice of this decision and a hearing before the Assignment
Officer within three working days after such placement.
c) The Assignment Officer shall make a recommendation to the
Chief Administrative Officer regarding the committed person's protective
custody status. Among other things, the Officer may recommend that the person
remain in protective custody, be returned to the general population or be
transferred to another facility. The written recommendation of the Officer
shall be forwarded to the Chief Administrative Officer, who shall make the
final determination and provide the person with a copy of his decision within
seven working days after the hearing.
d) If it is determined that the committed person remain in
protective custody for his safety and security or the safety and security of
the facility, the Assignment Officer shall reevaluate the person's requirement
for protective custody at least every 14 days. The committed person shall have
the opportunity to appear before the Officer. The Officer may consider, among
other matters, those factors set forth in Section 501.320(b) in making his
determination. The Officer shall submit his recommendations to the Chief
Administrative Officer, who shall make the final determination.
e) The Chief Administrative Officer shall render his decision
within three working days after receipt of the Assignment Officer's
recommendation. The committed person shall be personally served with a copy of
the Chief Administrative Officer's decision.
f) If the committed person intends to grieve this decision, he
must indicate his intent to do so, in writing, at the time he is served with
the Chief Administrative Officer's decision.
1) The Chief Administrative Officer shall notify the
Administrative Review Board who shall review and provide recommendations to the
Director within 30 working days of its receipt, whenever possible. The
Director shall make the final determination.
2) While the grievance is pending, the committed person shall
remain in the protective custody area.
(Source: Amended at 11 Ill. Reg. 14697, effective September 1, 1987)
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