TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2501
SECURITY
SECTION 2501.15 RESPONSIBILITIES
Section 2501.15
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.
 | TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2501
SECURITY
SECTION 2501.20 DEFINITIONS
Section 2501.20 Definitions
a) "Force" means physical contact used to coerce or
prevent some action on the part of a committed youth, 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 youth.
c) "Corporal punishment" means physical contact
intended to inflict pain for purposes of punishment.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2501
SECURITY
SECTION 2501.30 RESORT TO FORCE
Section 2501.30 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 IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2501
SECURITY
SECTION 2501.40 JUSTIFIABLE USE OF FORCE
Section 2501.40 Justifiable
Use of Force
a) Force may be used under the following circumstances in
accordance with the Unified Code of Corrections [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 [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 youth 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 youth.
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) Prior
authorization of the use of weapons within facilities shall be given by the
Chief Administrative Officer, whenever time and circumstances permit.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2501
SECURITY
SECTION 2501.50 FIREARMS AUTHORIZATION
Section 2501.50 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 youth outside the facilities
of the Department and to return from such trips;
2) To protect, arrest, apprehend and reconfine a committed youth;
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.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2501
SECURITY
SECTION 2501.60 GENERAL USE OF CHEMICAL AGENTS
Section 2501.60 General Use
of Chemical Agents
a) Chemical agents may be justified under the following
circumstances:
1) When use of force is otherwise justified (Section 2501.40).
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 youth 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 youth 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 2501.70 when a committed youth
refuses to leave his room.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2501
SECURITY
SECTION 2501.70 USE OF CHEMICAL AGENTS IN ROOMS (CONSENT DECREE)
Section 2501.70 Use of
Chemical Agents in Rooms (Consent Decree)
a) This Section applies only to the transfer of a committed youth
who has refused to leave his room when so ordered. The transfer of a committed
youth shall be undertaken with a minimum amount of force. Only when the
individual threatens bodily harm to himself, other committed youth or security staff
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 youth 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 the shift supervisor or higher authority.
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 youth to leave his room:
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 youth
located in the building.
2) Gas masks shall be available for use by security staff at the
time the tear gas or other chemical agent is used.
3) When a gas canister is placed inside a committed youth's room,
the gas will quickly take effect and security staff shall enter the room as
soon as possible to remove the individual.
4) The committed youth shall be instructed by the security staff
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 security
staff member 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 security staff member
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 2501.70 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.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2501
SECURITY
SECTION 2501.80 TRAINING
Section 2501.80 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 IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2501
SECURITY
SECTION 2501.105 RESPONSIBILITIES
Section 2501.105
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.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2501
SECURITY
SECTION 2501.110 MOVEMENT OF COMMITTED YOUTH
Section 2501.110 Movement of
Committed Youth
a) Handcuffs, security belts and/or leg irons may be used to
restrain any committed youth when:
1) A person confined pending investigation or in disciplinary
segregation is moved within the facility,
2) A committed youth is transported outside the facility, or
3) Determined by the Chief Administrative Officer to be necessary
to security.
b) Committed youth 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 youth
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 youth shall be accompanied by at least one Department
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 IX. This subsection does not
apply to the Aftercare Services Division except when transporting aftercare
release violators.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2501
SECURITY
SECTION 2501.120 RESPONSE TO SERIOUS INSTITUTIONAL DISTURBANCES
Section 2501.120 Response to
Serious Institutional Disturbances
a) The Chief Administrative Officer may confine committed youth
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 youth.
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.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2501
SECURITY
SECTION 2501.130 SUBSTANCE ABUSE
Section 2501.130 Substance
Abuse
a) Committed youth 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 youth.
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 [720 ILCS 550/3] and the Illinois Controlled
Substances Act [720 ILCS 570/102] 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 nor
committed youth 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 youth 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 youth's possession of unauthorized drugs, drug
paraphernalia, or alcohol or discovery of same in an area controlled or
occupied by the committed youth.
e) Committed youth shall be subject to discipline in accordance
with 20 Ill. Adm. Code 2504 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.
SUBPART C: SEARCHES FOR AND DISPOSITION OF CONTRABAND
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2501
SECURITY
SECTION 2501.205 RESPONSIBILITIES
Section 2501.205
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.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2501
SECURITY
SECTION 2501.210 DEFINITION
Section 2501.210 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 youth 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.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2501
SECURITY
SECTION 2501.220 SEARCHES FOR CONTRABAND
Section 2501.220 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 Department
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 Department 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 Youth
1) All committed youth 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 youth shall be conducted by persons of the same sex as
the committed youth 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 youth 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 youth 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 youth'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 2501.120 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 2501.230.
6) An employee conducting the search of a committed youth's room
or dormitory shall complete a form indicating the date and time of the search,
the identities of participating employees, and a list of property confiscated,
if any, and present it to the committed youth within a reasonable time after
the search.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2501
SECURITY
SECTION 2501.230 DISPOSITION OF CONTRABAND
Section 2501.230 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 Resident's
Benefit Fund after use in criminal or disciplinary proceedings. However,
currency confiscated as evidence for a disciplinary proceeding may be deposited
in the Resident's 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 youth, the committed youth 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 youth, 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 youth 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 Resident's Benefit Fund.
f) If a committed youth 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.
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