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90_HB1357
730 ILCS 5/3-9-8 new
730 ILCS 5/3-10-8 from Ch. 38, par. 1003-10-8
Amends the Unified Code of Corrections. Requires all
persons committed to the Juvenile Division of the Department
of Corrections to wear uniforms at all times while in
custody. Eliminates provision prohibiting disciplinary
restrictions on clothing in the Juvenile Division of the
Department.
LRB9004767RCdv
LRB9004767RCdv
1 AN ACT to amend the Unified Code of Corrections by
2 changing Section 3-10-8 and adding Section 3-9-8.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended by
6 changing Section 3-10-8 and adding Section 3-9-8 as follows:
7 (730 ILCS 5/3-9-8 new)
8 Sec. 3-9-8. Juvenile Division; uniforms. All persons
9 committed to the Juvenile Division of the Department of
10 Corrections shall be required to wear uniforms at all times
11 while in custody. The uniforms shall be differentiated by
12 sex, but shall otherwise be consistent throughout the
13 facilities operated by the Division. The uniforms shall be
14 maintained by the persons committed to the Juvenile Division
15 in a fashion which is consistent with normal use. Any action
16 by a person committed to the Juvenile Division to decorate a
17 juvenile uniform, or to damage a juvenile uniform in a manner
18 which is inconsistent with normal use, shall be grounds for
19 disciplinary action by the Department.
20 (730 ILCS 5/3-10-8) (from Ch. 38, par. 1003-10-8)
21 Sec. 3-10-8. Discipline.) (a) (1) Corporal punishment
22 and disciplinary restrictions on diet, medical or sanitary
23 facilities, clothing, bedding or mail are prohibited, as are
24 reductions in the frequency of use of toilets, washbowls and
25 showers.
26 (2) Disciplinary restrictions on visitation, work,
27 education or program assignments, the use of toilets,
28 washbowls and showers shall be related as closely as
29 practicable to abuse of such privileges or facilities. This
30 paragraph shall not apply to segregation or isolation of
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1 persons for purposes of institutional control.
2 (3) No person committed to the Juvenile Division may be
3 isolated for disciplinary reasons for more than 7 consecutive
4 days nor more than 15 days out of any 30 day period except in
5 cases of violence or attempted violence committed against
6 another person or property when an additional period of
7 isolation for disciplinary reasons is approved by the chief
8 administrative officer. A person who has been isolated for
9 24 hours or more shall be interviewed daily by his staff
10 counselor or other staff member.
11 (b) The Juvenile Division shall establish rules and
12 regulations governing disciplinary practices, the penalties
13 for violation thereof, and the disciplinary procedure by
14 which such penalties may be imposed. The rules of behavior
15 shall be made known to each committed person, and the
16 discipline shall be suited to the infraction and fairly
17 applied.
18 (c) All disciplinary action imposed upon persons in
19 institutions and facilities of the Juvenile Division shall be
20 consistent with this Section and Department rules and
21 regulations adopted hereunder.
22 (d) Disciplinary action imposed under this Section shall
23 be reviewed by the grievance procedure under Section 3-8-8.
24 (e) A written report of any infraction for which
25 discipline is imposed shall be filed with the chief
26 administrative officer within 72 hours of the occurrence of
27 the infraction or the discovery of it and such report shall
28 be placed in the file of the institution or facility.
29 (f) All institutions and facilities of the Juvenile
30 Division shall establish, subject to the approval of the
31 Director, procedures for disciplinary cases except those that
32 may involve the imposition of disciplinary isolation; delay
33 in referral to the Parole and Pardon Board or a change in
34 work, education or other program assignment of more than 7
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1 days duration.
2 (g) In disciplinary cases which may involve the
3 imposition of disciplinary isolation, delay in referral to
4 the Parole and Pardon Board, or a change in work, education
5 or other program assignment of more than 7 days duration, the
6 Director shall establish disciplinary procedures consistent
7 with the following principles:
8 (1) Any person or persons who initiate a disciplinary
9 charge against a person shall not decide the charge. To the
10 extent possible, a person representing the counseling staff
11 of the institution or facility shall participate in deciding
12 the disciplinary case.
13 (2) Any committed person charged with a violation of
14 Department rules of behavior shall be given notice of the
15 charge including a statement of the misconduct alleged and of
16 the rules this conduct is alleged to violate.
17 (3) Any person charged with a violation of rules is
18 entitled to a hearing on that charge at which time he shall
19 have an opportunity to appear before and address the person
20 or persons deciding the charge.
21 (4) The person or persons deciding the charge may also
22 summon to testify any witnesses or other persons with
23 relevant knowledge of the incident. The person charged may
24 be permitted to question any person so summoned.
25 (5) If the charge is sustained, the person charged is
26 entitled to a written statement of the decision by the
27 persons deciding the charge which shall include the basis for
28 the decision and the disciplinary action, if any, to be
29 imposed.
30 (6) A change in work, education, or other program
31 assignment shall not be used for disciplinary purposes except
32 as provided in paragraph (a) of the Section and then only
33 after review and approval under Section 3-10-3.
34 (Source: P.A. 80-1099.)