Section 112.10  Applicability

This Part applies to all offices and divisions within the Department.

(Source:  Amended at 28 Ill. Reg. 13723, effective October 1, 2004)

Section 112.12  Definitions

"Chief Administrative Officer" means the highest ranking official of a correctional facility. 

"Department" means the Department of Corrections.

"Director" means the Director of the Department of Corrections.

"Electronic Recording" means creating an audio or video record by means such as motion picture, audiotape, videotape, or digital recording.

"Interrogation" means an interview during which a question is asked that is reasonably likely to elicit an incriminating response.

"Offender" means a person committed to the Department or to the custody of the Department.

(Source:  Added at 28 Ill. Reg. 13723, effective October 1, 2004)

Section 112.15  Responsibilities

a)         Unless otherwise specified, the Director or Chief Administrative Officer may delegate responsibilities stated in this Part 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 Part 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 or her temporary absence or in an emergency.

(Source:  Added at 28 Ill. Reg. 13723, effective October 1, 2004)

Section 112.20  Investigation of Incidents (Renumbered)

(Source:  Renumbered to Section 112.35 at 10 Ill. Reg. 12570, effective August 1, 1986)

Section 112.30  Reporting of Incidents

a)         Each employee shall completely and accurately document any unusual incident that he or she observes or that is reported to him or her, including any:

1)         Serious disturbance;

2)         Physical or sexual assault or use of force;

3)         Death, suicide, or suicide attempt;

4)         Major loss or damage to property;

5)         Fire;

6)         Use or discharge of a weapon;

7)         Use of chemical agents; and

8)         Other incidents as determined by the Chief Administrative Officer.

b)         The employee shall promptly prepare the Incident Report and forward the report to the Director.

(Source:  Amended at 28 Ill. Reg. 13723, effective October 1, 2004)

Section 112.35  Investigation of Incidents

a)         All unusual incidents, suspected violations of criminal law, or serious violations of departmental rules shall be investigated as determined necessary by the Director.

b)         Employees shall be required to cooperate with all investigations. Employees shall be required to truthfully respond to questions related to their employment or ability to perform their job duties.  Failure to do so shall be grounds for discipline, including discharge.

(Source:  Amended at 28 Ill. Reg. 13723, effective October 1, 2004)

Section 112.37  Interrogations

a)         In accordance with 705 ILCS 405/5-401.5 and 725 ILCS 5/103-2.1, interrogation of individuals suspected of committing the offenses under 720 ILCS 5/9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, and 9-3.3 (first degree murder, intentional homicide of an unborn child, second degree murder, voluntary manslaughter of an unborn child, involuntary manslaughter and reckless homicide, involuntary manslaughter and reckless homicide of an unborn child, and drug-induced homicide) shall be electronically recorded.

b)        Electronic recording of minors and adults shall be done during an interrogation when a reasonable person in the subject's position would consider himself or herself to be in custody or when a question is asked that is reasonably likely to elicit an incriminating response.

c)         All electronic recordings shall:

1)         Be accurate and not altered;

2)         Be preserved until the conviction or adjudication is final and all appeals are exhausted, or prosecution is barred by law;

3)         Be confidential and exempt from public inspection and copying as provided by the Freedom of Information Act [5 ILCS 140]; and

4)         Be secured in a designated area and made part of the investigative file.

(Source:  Added at 28 Ill. Reg. 13723, effective October 1, 2004)

Section 112.40  Polygraph Examinations

a)         Polygraph examinations may be administered as approved by the Director.

b)         The employee or offender asked to submit to a polygraph examination shall be informed of the nature of the incident being investigated and his or her alleged involvement or knowledge of the incident.  An employee or an offender who refuses to take such an examination may not be disciplined for refusing to do so.

c)         The scope of the examination shall be limited to matters related to the incident under investigation.

d)         The employee or offender shall be advised that the results of the examination will be made known to him or her upon receipt of the results by the correctional or employing facility and that he or she may, upon review of the results, submit a written request for a copy of the results to the Division of Investigations and Intelligence.  A copy of the results shall be provided within five days after receipt of the written request.

(Source:  Amended at 28 Ill. Reg. 13723, effective October 1, 2004)

Section 112.50  Referral for Prosecution

Where reasonable grounds exist to suspect that an individual has committed a violation of criminal law, it shall be reported to the State's Attorney of the county in which the incident occurred or to the appropriate prosecuting official.