(730 ILCS 5/3-10-8)
(from Ch. 38, par. 1003-10-8)
(a)(1) Corporal punishment and
disciplinary restrictions on diet, medical or sanitary facilities,
clothing, bedding or mail are prohibited, as are reductions in
the frequency of use of toilets, washbowls and showers.
(2) Disciplinary restrictions on visitation, work, education
or program assignments, the use of toilets, washbowls
and showers shall be related as closely as practicable to
abuse of such privileges or facilities. This paragraph shall
not apply to segregation or isolation of persons for purposes
of institutional control.
(3) No person committed to the Department of Juvenile Justice may be
isolated for disciplinary reasons for more than 7 consecutive
days nor more than 15 days out of any 30 day period except in
cases of violence or attempted violence committed against
another person or property when an additional period of
isolation for disciplinary reasons is approved by the chief
administrative officer. A person who has been isolated for
24 hours or more shall be interviewed daily by his staff
counselor or other staff member.
(b) The Department of Juvenile Justice shall establish rules and
regulations governing disciplinary practices, the penalties
for violation thereof, and the disciplinary procedure by which
such penalties may be imposed. The rules of behavior shall be
made known to each committed person, and the discipline shall
be suited to the infraction and fairly applied.
(c) All disciplinary action imposed upon persons in
institutions and facilities of the Department of Juvenile Justice shall
be consistent with this Section and Department rules and
regulations adopted hereunder.
(d) Disciplinary action imposed under this Section shall be
reviewed by the grievance procedure under Section 3-8-8.
(e) A written report of any infraction for which discipline
is imposed shall be filed with the chief administrative officer
within 72 hours of the occurrence of the infraction or the
discovery of it and such report shall be placed in the file
of the institution or facility.
(f) All institutions and facilities of the Department of Juvenile Justice
shall establish, subject to the approval of the Director of Juvenile Justice,
procedures for disciplinary cases except those that may
involve the imposition of disciplinary isolation; delay in
referral to the Parole and Pardon Board or a change in work,
education or other program assignment of more than 7 days duration.
(g) In disciplinary cases which may involve the imposition
of disciplinary isolation, delay in referral to the Parole
and Pardon Board, or a change in work, education or other
program assignment of more than 7 days duration, the Director
shall establish disciplinary procedures consistent with the
(1) Any person or persons who initiate a disciplinary
charge against a person shall not decide the charge. To the extent possible, a person representing the counseling staff of the institution or facility shall participate in deciding the disciplinary case.
(2) Any committed person charged with a violation of
Department rules of behavior shall be given notice of the charge including a statement of the misconduct alleged and of the rules this conduct is alleged to violate.
(3) Any person charged with a violation of rules is
entitled to a hearing on that charge at which time he shall have an opportunity to appear before and address the person or persons deciding the charge.
(4) The person or persons deciding the charge may
also summon to testify any witnesses or other persons with relevant knowledge of the incident. The person charged may be permitted to question any person so summoned.
(5) If the charge is sustained, the person charged is
entitled to a written statement of the decision by the persons deciding the charge which shall include the basis for the decision and the disciplinary action, if any, to be imposed.
(6) A change in work, education, or other program
assignment shall not be used for disciplinary purposes except as provided in paragraph (a) of the Section and then only after review and approval under Section 3-10-3.
(Source: P.A. 94-696, eff. 6-1-06