Illinois Compiled Statutes - Full Text

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Illinois Compiled Statutes - Full Text

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730 ILCS 5/3-8-7

    (730 ILCS 5/3-8-7) (from Ch. 38, par. 1003-8-7)
    Sec. 3-8-7. Disciplinary Procedures.)
    (a) All disciplinary action shall be consistent with this Chapter. Rules of behavior and conduct, the penalties for violation thereof, and the disciplinary procedure by which such penalties may be imposed shall be available to committed persons.
    (b)(1) Corporal punishment and disciplinary restrictions on diet, medical or sanitary facilities, mail or access to legal materials are prohibited.
    (2) (Blank).
    (3) (Blank).
    (c) Review of disciplinary action imposed under this Section shall be provided by means of the grievance procedure under Section 3-8-8. The Department shall provide a disciplined person with a review of his or her disciplinary action in a timely manner as required by law.
    (d) All institutions and facilities of the Department of Corrections shall establish, subject to the approval of the Director, procedures for hearing disciplinary cases except those that may involve the imposition of disciplinary segregation and isolation; the loss of good time credit under Section 3-6-3 or eligibility to earn good time credit.
    (e) In disciplinary cases which may involve the imposition of disciplinary segregation and isolation, the loss of good time credit or eligibility to earn good time credit, the Director shall establish disciplinary procedures consistent with the following principles:
        (1) Any person or persons who initiate a disciplinary
    
charge against a person shall not determine the disposition of the charge. The Director may establish one or more disciplinary boards to hear and determine charges.
        (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 determining the disposition
    
of the charge may also summon to testify any witnesses or other persons with relevant knowledge of the incident.
        (5) If the charge is sustained, the person charged is
    
entitled to a written statement of the decision by the persons determining the disposition of the charge which shall include the basis for the decision and the disciplinary action, if any, to be imposed.
        (6) (Blank).
(Source: P.A. 97-1083, eff. 8-24-12.)