AUTHORITY: Implementing Sections 7-1, 7-3, 7-9, and 31A-1.1 of the Criminal Code of 1961 (Ill. Rev. Stat. 1991, ch. 38, pars. 7-1, 7-3, 7-9, and 31A-1.1) [720 ILCS 5/7-1, 7-3, 7-9, and 31A-1.1] and Section 103-1 et seq. of the Code of Criminal Procedures of 1963 (Ill. Rev. Stat. 1991, ch. 38, par. 103-1 et seq.) [725 ILCS 5/103] and Sections 3-2-2, 3-4-3, 3-6-2, 3-6-4, 3-7-2, 3-7-4, 3-8-1, 3-8-7(a), 3-8-8 and 3-10-8] of the Unified Code of Corrections (Ill. Rev. Stat. 1991, ch. 38, pars. 1003-2-2, 1003-4-3, 1003-6-2, 1003-6-4, 1003-7-2, 1003-7-4, 1003-8-1, 1003-8-7(a), 1003-8-8 and 1003-10-8) [730 ILCS 5/3-2-2, 3-4-3, 3-6-2, 3-6-4, 3-7-2, 3-7-4, 3-8-1, 3-8-7(a), 3-8-8 and 3-10-8] and authorized by Sections 3-2-2, 3-7-1, 3-7-4, and 3-8-7, of the Unified Code of Corrections (Ill. Rev. Stat. 1991, ch. 38, pars. 1003-2-2, 1003-7-1, 1003-7-4, and 1003-8-7) [730 ILCS 5/3-2-2, 3-7-1, 3-7-4, and 3-8-7]. Sections 501.70 and 501.220 and Subpart D are also implementing Consent Decrees (Czajaka vs. Brierton, #76 C 772, N.D. Ill. 1977; Drew vs. Sielaff, #73 C 2911, N.D. Ill. 1977; and Meeks vs. Lane, #75 C 96, N.D. Ill. 1981).

SOURCE: Adopted and codified at 8 Ill. Reg. 14628, effective August 1, 1984; amended at 11 Ill. Reg. 14697, effective September 1, 1987; amended at 13 Ill. Reg. 16977, effective November 1, 1989; amended at 18 Ill. Reg. 6328, effective May 1, 1994.

SUBPART A: RESORT TO FORCE

 

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)

 

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)

 

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.

 

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.

 

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)

 

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)

 

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)

 

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)

 

Section 501.80  Training

 

Training in procedures for use of force shall be conducted for all institutional security employees.

SUBPART B: GENERAL SECURITY

 

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)

 

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)

 

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)

 

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)

 

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. 56˝, par. 703) and the Illinois Controlled Substances Act (Ill. Rev. Stat. 1987, ch. 56˝, 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

 

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)

 

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)

 

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)

 

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)

 

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

 

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)

 

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)

 

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)

 

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)

 

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)

 

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)

 

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)