Case: 1:12-cv-07289 Document #: 1 Filed: 09/12/12 Page 1 of 14 PageID #:1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

R.J., B.W., D.F., D.G., and M.D., on behalf of )

themselves and all others similarly situated, by )

their next friend Jeffrey Shaman,

)

)

Plaintiffs,

)

)

v.

)

)

ARTHUR D. BISHOP, in his official capacity )

as Director of the Illinois Department of

)

Juvenile Justice,

)

)

Defendant.

)

No. _______________ Hon. _______________

CLASS ACTION COMPLAINT

Plaintiffs, on behalf of themselves and all persons similarly situated, by their attorneys

and next friend, complain against Arthur D. Bishop, in his official capacity as Director of the

Illinois Department of Juvenile Justice, as follows:

I. INTRODUCTION

1. Plaintiffs bring this civil rights class action pursuant to 42 U.S.C. §§ 1983 and

1988 and 28 U.S.C. § 2201 et seq., challenging deficiencies in conditions, services, and

treatment throughout the Illinois Department of Juvenile Justice (“IDJJ”), which injure the

approximately 1,000 young people confined within the IDJJ’s system of eight secure youth

centers. Plaintiffs assert violations of the Due Process Clause of the Fourteenth Amendment of

the United States Constitution, and the federal Individuals with Disabilities Education Act.

Plaintiffs seek declaratory and injunctive relief.

2. The following systemic IDJJ conditions, services, and treatment violate the

federal constitution and laws:

1

Case: 1:12-cv-07289 Document #: 1 Filed: 09/12/12 Page 2 of 14 PageID #:2
(a) Youth do not receive minimally adequate mental health services, including assessment and individualized treatment.
(b) Youth do not receive minimally adequate education services, including general education and special education.
(c) Youth are subjected to room confinement when not warranted, for excessive periods of time, and in improper conditions.
(d) IDJJ staff fail to protect youth from each other, and use excessive force against youth and encourage youth to attack each other.
(e) Youth are subject to months of confinement in IDJJ youth centers beyond their anticipated release dates because an appropriate community placement has not been secured.
3. Independent experts have published reports finding unacceptable IDJJ conditions, services, and treatment.
4. The state does not provide the IDJJ with sufficient staff and resources, which causes the deficient conditions, services, and treatment described herein.
II. JURISDICTION AND VENUE 5. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1343(3) and (4). 6. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b).
III. THE PARTIES 7. Plaintiffs R.J. and M.D. are confined at the IDJJ’s Warrenville facility. 8. Plaintiffs B.W., D.F., and D.G. are confined at the IDJJ’s Joliet facility.
2

Case: 1:12-cv-07289 Document #: 1 Filed: 09/12/12 Page 3 of 14 PageID #:3
9. Each plaintiff has suffered, or is in danger of suffering, all of the harms described herein.
10. Defendant Arthur D. Bishop is the IDJJ Director. He is the chief executive officer of the IDJJ. He is the State of Illinois official who oversees IDJJ operations, and directly or indirectly supervises all of its personnel. He is ultimately responsible for all IDJJ policies, practices, and procedures. See generally 730 ILCS 5/3-2.5-15(e), -20. He is sued in his official capacity only.
IV. CLASS ALLEGATIONS 11. Plaintiffs bring this action for declaratory and injunctive relief on their own behalf and on behalf of all others similarly situated pursuant to Rule 23(b)(2) of the Federal Rules of Civil Procedure. 12. The plaintiff class, which seeks declaratory and injunctive relief and not damages, consists of all youth who now are, and/or in the future will be, confined in any secure IDJJ youth center. 13. The plaintiff sub-class consists of all members of the plaintiff class who have special education needs. 14. The plaintiff class and sub-class each satisfy the requirements of Rule 23(a) of the Federal Rules of Civil Procedure in that:
(a) The class and sub-class are so numerous that joinder of all members is impracticable. Today, the IDJJ confines approximately 1,000 youth. Nearly half have special education needs. Every year, additional thousands of youth cycle in and out of IDJJ confinement. The IDJJ operates eight different youth centers that are dispersed at great distances from each other across the State of Illinois. Many of these youth are unable to file individual
3

Case: 1:12-cv-07289 Document #: 1 Filed: 09/12/12 Page 4 of 14 PageID #:4
lawsuits on their own behalves because of their lack of financial resources. The class includes youth who will in the future be confined by the IDJJ.
(b) There are questions of law and fact common to the class and sub-class. These common questions include whether systemic IDJJ conditions, services, and treatment violate the federal constitution and laws.
(c) The claims of the named plaintiffs are typical of the claims of the proposed class and sub-class. All IDJJ youth have suffered, and are at risk of further suffering, as a result of the challenged conditions, services, and treatment.
(d) The named plaintiffs will fairly and adequately protect the interests of the class and sub-class. The named plaintiffs have no interest antagonistic to the class or sub-class. They seek declaratory and injunctive relief on behalf of the entire class and sub-class to remedy injuries suffered by all members of the class and sub-class. They are represented by counsel who are competent and experienced in class action and civil rights litigation.
15. The plaintiff class and sub-class satisfy the requirements of Rule 23(b)(2) of the Federal Rules of Civil Procedure in that defendant has acted and failed to act on grounds that apply generally to the class and sub-class, so that final injunctive relief and corresponding declaratory relief is appropriate respecting the class and sub-class as a whole.
V. FACTS A. The IDJJ
16. When a youth is adjudicated delinquent by an Illinois juvenile court judge, he or she may be remanded to the custody of the IDJJ. A core legislative purpose of such confinement is rehabilitation of the youth. 705 ILCS 405/5-101(1)(c); 730 ILCS 5/3-2.5-5.
17. The IDJJ currently confines approximately 1,000 youth, aged 13 through 20.
4

Case: 1:12-cv-07289 Document #: 1 Filed: 09/12/12 Page 5 of 14 PageID #:5
18. The IDJJ operates eight secure facilities known as Illinois Youth Centers (“IYCs”). Specifically:
(a) IYC Chicago is located on the west side of Chicago. It currently houses about 100 male youth. It is a minimum-security facility.
(b) IYC Harrisburg is located in Saline County in southern Illinois. It currently houses about 180 male youth. It has eight medium-security units and one maximumsecurity unit. It also houses the reception and classification unit for male youth from southern Illinois.
(c) IYC Joliet is located in Will County in northern Illinois. It currently houses about 230 male youth. It is a maximum-security facility.
(d) IYC Kewanee is located in Henry County in western Illinois. It currently houses about 175 male youth, who either need more intense mental health treatment, or are juvenile sex offenders. It is a medium-security facility.
(e) IYC Murphysboro is located in Jackson County in southern Illinois. It currently houses about 30 male youth. It is a minimum-security facility.
(f) IYC Pere Marquette is located in Jersey County in the Metro East area of Illinois. It currently houses about 36 male youth. It is a minimum-security facility.
(g) IYC St. Charles is located in Kane County in northern Illinois. It currently houses about 130 male youth. It is a medium-security facility. It houses the reception and classification unit for male youth from northern Illinois.
(h) IYC Warrenville is located in DuPage County in northern Illinois. It currently houses about 45 female youth. It is the only IYC for female youth, and houses the reception and classification unit for female youth.
5

Case: 1:12-cv-07289 Document #: 1 Filed: 09/12/12 Page 6 of 14 PageID #:6
B. Inadequate IDJJ mental health services 19. Two-thirds of the youth confined at IDJJ youth centers have diagnosed
psychiatric and trauma disorders. See, e.g., IDJJ Briefing to the Collaborative on Reentry (Dec. 2009) at p. 13.
20. The IDJJ does not provide plaintiffs and the plaintiff class with minimally adequate mental health services.
21. In July 2010, an independent team of mental health professionals published a report finding inadequate IDJJ mental health services. This report had been requested by the IDJJ. Specifically, this report found inadequate mental health staffing, continuum of services, screening and assessment, training, and aftercare planning. See Illinois Models for Change, “Report on the behavioral health program for youth committed to IDJJ” (July 2010) (“IMFC 2010 report”).
22. These inadequacies continue to the present. See, e.g., John Howard Association (“JHA”), “Monitoring visit to IYC Kewanee” (June 2011) at p. 1 (finding reduced mental health staffing and services).
23. Youth report that they ask staff for an opportunity to meet with mental health professionals, and do not receive such meetings.
24. There have been suicides and attempted suicides at IDJJ facilities. See, e.g., Steve Mills, “Suicides by troubled teens” (May 25, 2010). A substantial cause of those suicides is inadequate mental health services.
6

Case: 1:12-cv-07289 Document #: 1 Filed: 09/12/12 Page 7 of 14 PageID #:7
C. Inadequate IDJJ education services 1. General education 25. The IDJJ does not provide plaintiffs and the plaintiff class with minimally
adequate general education services. See, e.g., JHA, “Education in the IDJJ” (2009) at p. 3 (“Teacher shortages have been so extreme at some facilities that youth do not receive the statutorily mandated number of hours of education per week.”).
26. With excessive frequency, scheduled classes are cancelled due to teacher absences.
27. There are teacher vacancies in many core subjects for which, under state law, youth must earn credit in order to earn a diploma.
2. Special education 28. About half of the youth confined at IDJJ youth centers need special education services. See, e.g., IDJJ Briefing to the Collaborative on Reentry (Dec. 2009). 29. The IDJJ does not provide plaintiffs and the plaintiff sub-class with minimally adequate special education services. 30. In January 2009, the Illinois State Board of Education (“ISBE”) found that the IDJJ lacks sufficient certified special education personnel, fails to provide special education in accordance with IEPs, fails to develop IEPs, and fails to identify all youth eligible for special education services. See Memorandum from ISBE to IDJJ (Jan. 2009) at Table V, Areas of Concern 1, 2, & 3. 31. Special education services continue to be inadequate. See, e.g., IMFC 2010 report at p. 58; JHA, “Monitoring visit to IYC St. Charles” (May 2011) at p. 6.
7

Case: 1:12-cv-07289 Document #: 1 Filed: 09/12/12 Page 8 of 14 PageID #:8
3. Youth with a diploma or a GED 32. About 15% of IDJJ youth have a high school diploma or a GED. See JHA 2009 report at p. 5. 33. Seven of the eight IDJJ facilities (all but IYC Harrisburg) do not provide any post-secondary education services. 34. At most youth centers, youth with a high school diploma or a GED are not eligible to participate in the vocational education opportunities located at the youth center’s school. 35. At most youth centers, as to all youth, there are not an adequate number or variety of vocational instructors and equipment. See, e.g., JHA 2009 report at p. 4. 36. Thus, about one-eighth of all IDJJ youth – those who have a GED or high school diploma and who do not reside at IYC Harrisburg – are deprived of any education opportunities at all, including any vocational education and any post-secondary education. Instead, these youth spend the vast majority of their waking hours idle. D. Improper IDJJ room confinement 37. The IDJJ subjects plaintiffs and the plaintiff class to improper and excessive room confinement. 38. The IDJJ imposes room confinement to punish offenses that do not involve actual or threatened violence. See, e.g., JHA, “Monitoring visit to IYC Joliet” (April 2011) at p. 8; JHA, “Monitoring visit to IYC Harrisburg” (March 2011) at pp. 3-4. 39. The IDJJ imposes room confinement for a period of many days, and sometimes many weeks. 40. At IYC Joliet, youth are confined for as long as three months in “wing 7-A.”
8

Case: 1:12-cv-07289 Document #: 1 Filed: 09/12/12 Page 9 of 14 PageID #:9
41. The IDJJ imposes confinement in rooms with unsanitary conditions, and excessive heat and cold.
42. The IDJJ deprives youth in confinement of scheduled services and reading materials.
43. At IYC St. Charles, youth with medical conditions are kept in the confinement unit. See JHA, “Monitoring visit at IYC St. Charles” (May 2011) at p. 5. E. IDJJ safety
44. IDJJ staff fail to protect youth from assaults by other youth. 45. IDJJ staff provoke youth-on-youth fights. 46. IDJJ staff use excessive force against youth. 47. IDJJ staff use pepper spray or other chemical agents when not needed to prevent bodily injury, and in a manner that harms bystander youth. F. Improper confinement for lack of a community placement 48. Almost all youth adjudicated delinquent and committed to the IDJJ receive indeterminate sentences from the juvenile court, except that IDJJ confinement cannot exceed their twenty-first birthday or the period of time an adult could be committed for the same offense. 705 ILCS 405/5-710(7), -750(3). 49. Soon after each youth arrives at an IDJJ reception and classification unit, the IDJJ assigns them an Administrative Review Date (“ARD”), meaning the date the IDJJ determines is appropriate to review that youth for presentation to the Illinois Prisoner Review Board (“IPRB”). 50. The IPRB grants parole to 96% of the youth that the IDJJ presents to the IPRB. See, e.g., IPRB, 2009 Annual Report at p. 13.
9

Case: 1:12-cv-07289 Document #: 1 Filed: 09/12/12 Page 10 of 14 PageID #:10
51. Unfortunately, youth continue to be confined because an appropriate community placement has not been secured and approved. G. Inadequate IDJJ resources and staffing
52. The IDJJ lacks adequate resources and staffing. See, e.g., JHA, “Monitoring visit to IYC St. Charles” (May 2011) at p. 10 (“Staffing remains an issue for all of DJJ.”).
53. The IDJJ’s inadequate resources and staffing is a principal cause of the inadequate IDJJ conditions, services, and treatment discussed herein. For example:
(a) Because the IDJJ does not have adequate resources and staffing, the IDJJ cannot provide minimally adequate mental health and education services. See supra ¶¶ 19-36.
(b) Because the IDJJ does not provide such minimally adequate mental health and education services, or any other productive activity, most youth are excessively idle.
(c) This idleness directly and substantially increases the IDJJ’s excessive violence, and youth behaviors that trigger overuse of room confinement. See supra ¶¶ 44-47.
(d) Because the IDJJ does not have adequate resources and staffing, the IDJJ does not timely locate appropriate placements for youth in the community, frequently leading to post-ARD confinement. See supra ¶¶ 48-51. H. General facts
54. All male youth in IDJJ custody are in danger of suffering all harms present at all seven IYCs for male youth, due to the potential transfers of male youth among these IYCs for various reasons.
55. The deficient conditions, services, and treatment described herein are not the product of professional judgment, and they violate accepted practice, judgment, and minimally adequate standards for juvenile corrections institutions.
10

Case: 1:12-cv-07289 Document #: 1 Filed: 09/12/12 Page 11 of 14 PageID #:11
56. Defendant has acted with deliberate indifference to the deficient conditions, services, and treatment described herein.
57. Defendant is a state actor, and at all times relevant to this complaint acted under color of state law.
58. As a direct and proximate result of the deficient conditions, services, and treatment described herein, and of defendant’s deliberate indifference, plaintiffs and the members of the plaintiff class and sub-class are suffering and will continue to suffer irreparable harm. They have no adequate remedy at law.
59. As to the systemic conditions, services, and treatment challenged herein, plaintiffs have exhausted the IDJJ’s system of administrative grievances.
FIRST CLAIM FOR RELIEF 60. Plaintiffs, on behalf of themselves and the plaintiff class, re-allege all of the foregoing paragraphs as though fully set forth herein. 61. Defendant has denied plaintiffs and the plaintiff class their rights guaranteed by the Due Process Clause of the Fourteenth Amendment to the United States Constitution, among other reasons by:
(a) denying them minimally adequate mental health services; (b) denying them minimally adequate education services; (c) subjecting them to forced idleness; (d) subjecting them to excessive and inappropriate room confinement; (e) subjecting them to violence, and failing to protect them from it; and (f) subjecting them to post-ARD confinement solely for lack of a community placement.
11

Case: 1:12-cv-07289 Document #: 1 Filed: 09/12/12 Page 12 of 14 PageID #:12
SECOND CLAIM FOR RELIEF 62. Plaintiffs, on behalf of themselves and the sub-class, re-allege all of the foregoing paragraphs as though fully set forth herein. 63. Defendant has denied plaintiffs and the plaintiff sub-class their rights guaranteed by the federal Individuals with Disabilities Education Act (“IDEA”), among other reasons by:
(a) failing to identify all youth who need special education services; and (b) failing to provide such youth with individualized special education services tailored to their needs.
PRAYER FOR RELIEF WHEREFORE, plaintiffs, on behalf of themselves and all others similarly situated, respectfully request that this Court: (A) Enter a declaratory judgment that the IDJJ’s systemic deficiencies in conditions, services, and treatment complained of herein violate the United States Constitution and the federal IDEA. (B) Enter a permanent injunction ordering defendant to submit and implement a plan correcting these unlawful deficiencies. This plan at a minimum should include:
(1) The provision of adequate mental health services to all youth, including adequate assessment and individualized treatment.
(2) The provision of adequate education services to all youth, regardless of their status or security classification, including adequate general education and special education.
(3) As to the youth at all IYCs who have a high school diploma or a GED, the provision of adequate constructive, supervised programming reasonably directed towards
12

Case: 1:12-cv-07289 Document #: 1 Filed: 09/12/12 Page 13 of 14 PageID #:13
rehabilitation, such as vocational education or post-secondary education, to ensure that such youth are not subjected to forced idleness.
(4) A ban on any room confinement for disciplinary reasons, and a rule allowing room confinement only for youth who are physically out of control and/or a present threat to the physical safety of themselves or others.
(5) Safe, clean, and otherwise proper conditions in all areas of all youth centers, including any areas used for any room confinement.
(6) Policies, staffing, staff training, staff supervision, and youth programs to eliminate youth-on-youth violence and staff-on-youth violence.
(7) A ban on the use of pepper spray or similar chemical agents. (8) An end to the practice of post-ARD confinement solely for lack of an appropriate community placement. (9) Policies, staffing, staff training, and staff supervision to improve re-entry planning, and to assist paroled youth in successful re-entry. (C) Award plaintiffs their reasonable attorney fees, costs, and expenses pursuant to 42 U.S.C. § 1988 and 20 U.S.C. § 1415(i)(3)(B). (D) Enter such other and further relief as deemed appropriate by this Court.
13

Case: 1:12-cv-07289 Document #: 1 Filed: 09/12/12 Page 14 of 14 PageID #:14

DATED: September 12, 2012
Respectfully submitted:
/s/Adam Schwartz________________ One of plaintiffs’ attorneys
Adam Schwartz Harvey Grossman Benjamin S. Wolf Ruth Z. Brown ROGER BALDWIN FOUNDATION
OF ACLU, INC. 180 N. Michigan Ave., Suite 2300 Chicago, IL 60601 (312) 201-9740

Maja C. Eaton Kevin M. Fee, Jr. Joseph R. Dosch SIDLEY AUSTIN LLP One South Dearborn Chicago, IL 60603 (312) 853-7000

14

 
 Case: 1:12-cv-07289 Document #: 20 Filed: 10/03/12 Page 1 of 2 PageID #:399

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

R.J., B.W., D.F., D.G., and M.D., on behalf of themselves and all others similarly situated, by their next friend Jeffrey Shaman,
Plaintiffs,
v.
ARTHUR D. BISHOP, in his official capacity as Director of the Illinois Department of Juvenile Justice,
Defendant.

) ) ) ) ) Case No. 1:12-CV-07289 ) ) Hon. Matthew F. Kennelly ) ) ) ) ) ) )

ORDER CERTIFYING CLASS AND PRELIMINARILY APPROVING PROPOSED CONSENT DECREE

This matter comes to the Court on the parties’ Joint Motion for Class Certification and

Approval and Entry of Consent Decree. Having reviewed the joint motion, the proposed consent

decree, and all other appropriate materials:

1. Pursuant to Rules 23(a) and 23(b)(2), the Court certifies a plaintiff class

consisting of all youth who now are, and/or in the future will be, confined by the Illinois

Department of Juvenile Justice.

2. Pursuant to Rules 23(a) and 23(b)(2), the Court certifies a plaintiff sub-class

consisting of all members of the plaintiff class who have special education needs.

3. Pursuant to Rule 23(g), the Court appoints, as counsel for the plaintiff class and

sub-class, Adam Schwartz of the Roger Baldwin Foundation of ACLU Inc. and Maja Eaton of

Sidley Austin LLP.

1

Case: 1:12-cv-07289 Document #: 20 Filed: 10/03/12 Page 2 of 2 PageID #:400
4. Pursuant to Rule 23(e), the Court makes a preliminary finding that resolution of this lawsuit as set forth in the proposed consent decree falls within the range of fair, adequate, and reasonable settlements.
5. Pursuant to Rule 23(e)(1), the Court orders notice to the plaintiff class of this suit, the class certification, the proposed consent decree, the opportunity to object, and the fairness hearing. Specifically, the Court orders notice in the form attached as Exhibit 2 to the parties’ joint motion, as amended per this Court’s instruction in open court on September 26. The Court finds that this document adequately advises class members of their rights under the terms of the settlement and therefore meets the requirements of due process and the Federal Rules of Civil Procedure. Defendant forthwith shall distribute the notice to the plaintiff class by means of: (a) posting it in a prominent location in the day and visitation rooms in all IDJJ youth centers; (b) placing it in the mailbox of each youth committed to the IDJJ at the time of notice; (c) mailing it first class to each parent or guardian whose address is known to the IDJJ and whose child is committed to the IDJJ at the time of notice; and (d) mailing it to the Illinois Department of Children and Family Services.
6. The Court will hold a fairness hearing regarding, inter alia, the ultimate fairness, adequacy, and reasonableness of the proposed consent decree on December 6, 2012. Any objections to the proposed consent decree shall be filed by November 5, 2012, and the parties may file responses to such objections by November 19, 2012.
DATED: October 2, 2012
______________________________________ United States District Judge
2

 
 Case: 1:12-cv-07289 Document #: 33 Filed: 12/06/12 Page 1 of 10 PageID #:633

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

R.J., B.W., D.F., D.G., and M.D., on behalf of )

themselves and all others similarly situated, by )

their next friend Jeffrey Shaman,

)

)

Plaintiffs,

)

)

v.

)

)

ARTHUR D. BISHOP, in his official capacity )

as Director of the Illinois Department of

)

Juvenile Justice,

)

)

Defendant.

)

Case No. 1:12-cv-7289 Hon. Matthew F. Kennelly

CONSENT DECREE

For good cause shown, the Court orders, adjudges, decrees, and finds as follows:

I. INTRODUCTION

1. The complaint. Plaintiffs filed this civil rights class action pursuant to 42 U.S.C. §§ 1983 and 1988 and 28 U.S.C. § 2201 et seq. Plaintiffs are youth confined in secure Illinois Youth Centers (“IYCs”) operated by the Illinois Department of Juvenile Justice (“IDJJ”). Defendant is the IDJJ Director. The complaint alleges that certain IDJJ conditions, services, and treatment violate the Due Process Clause of the Fourteenth Amendment of the United States Constitution, and the federal Individuals with Disabilities Education Act. Specifically, the complaint addresses IDJJ mental health services, general and special education services, room confinement, safety, and commitment beyond release dates for lack of a community placement. The complaint seeks declaratory and injunctive relief.

2. Class certification. The Court certified a plaintiff class consisting of all youth who now are, and/or in the future will be, confined by the IDJJ, and of a sub-class consisting of class members with special education needs.

3. PLRA findings and stipulations. The Court finds and the parties stipulate that this consent decree complies in all respects with the Prison Litigation Reform Act (“PLRA”), 18 U.S.C. § 3626(a). Specifically, the terms of this consent decree are narrowly drawn; they extend no further than necessary to correct the violation of the federal rights of the plaintiffs, the plaintiff class, and the plaintiff sub-class; and they are the least restrictive means necessary to correct the violation. The court has given substantial weight to any adverse impact on public safety or the operation of a criminal justice system caused by the terms of this consent decree.

1

Case: 1:12-cv-07289 Document #: 33 Filed: 12/06/12 Page 2 of 10 PageID #:634
4. No admission of liability. The parties agree that to avoid costly and protracted litigation, the claims against the defendant should be resolved by this consent decree. By entering into this consent decree, or by taking any action in accordance with it, the defendant does not admit any of the allegations contained in plaintiffs’ complaint, nor does the defendant admit liability for any purposes.
5. Jurisdiction. The Court has jurisdiction under 28 U.S.C. §§ 1331 and 1343.
II. CREATING THE REMEDIAL PLAN
A. The process of creating the remedial plan
6. The court-appointed experts. The Court shall appoint expert witnesses. These experts shall investigate IDJJ mental health services, general and special education services, room confinement, safety, and commitment beyond release dates for lack of a community placement. The defendant shall compensate the experts for their reasonable time and expenses.
7. Selection of the court-appointed experts. The parties jointly propose the following experts for court appointment:
(a) Education: Peter E. Leone, Ph.D., Professor in the Department of Special Education, University of Maryland.
(b) Mental Health: Louis Kraus, M.D., Chief, Child and Adolescent Psychiatry, Rush University Medical Center.
(c) General Juvenile Justice: Barry Krisberg, Ph.D., Director of Research and Policy and Lecturer in Residence, Chief Justice Earl Warren Institute on Law and Social Policy, University of California, Berkeley School of Law.
8. Substitution of the court-appointed experts. If a court-appointed expert is unwilling or unable to continue to serve, then within 30 days, either:
(a) the parties shall jointly file with the Court the name of the agreed proposed substitute, subject to Court approval; or
(b) if the parties cannot agree upon the substitute, the parties shall each submit to the Court the name and qualifications of their respective proposed substitute, and the Court will select the experts.
9. Initial meeting of the court-appointed experts with the parties. Within 30 days after their appointment, and before they begin their investigation, the court-appointed experts shall simultaneously meet with both parties. The purpose of this meeting will be to discuss the upcoming investigation by the court-appointed experts of the five subjects identified above in paragraph six. At this meeting, either party may suggest that the court-appointed experts focus their investigation on certain issues or facilities, and/or should not focus their investigation on
2

Case: 1:12-cv-07289 Document #: 33 Filed: 12/06/12 Page 3 of 10 PageID #:635
other issues or facilities. The court-appointed experts shall use their best professional judgment to independently determine what matters need to be examined, and what methods are required for such examination.
10. The court-appointed experts’ investigation. Within 180 days after their initial meeting with the parties, the court-appointed experts shall complete their investigation of the five subjects identified above in paragraph six. The experts shall have access to all facilities, documents, information, staff, and confined youth of the IDJJ and of any person or agency contracting with the IDJJ to provide services to youth. The experts may conduct private, ex parte interviews of youth and staff. The experts may conduct unannounced visits to any IDJJ facility.
11. The court-appointed experts’ report. Within 180 days after their initial meeting with the parties, the court-appointed experts shall file with the Court, and deliver to the parties, a report containing their findings regarding the adequacy of the conditions, treatment, issues, and services described above in paragraph six. Where such conditions, treatment, issues, and services are not adequate, these experts shall recommend specific ways to remedy such inadequacies.
12. The defendant’s draft remedial plan. Within 60 days after the court-appointed experts file and deliver their report, the defendant shall deliver to plaintiffs and the courtappointed experts a draft remedial plan that addresses all of the deficiencies identified by the experts. The defendant may seek input from the plaintiffs and the experts.
13. Proposed revisions to the draft remedial plan. Within 30 days after the defendant delivers to plaintiffs and the court-appointed experts the draft remedial plan, the plaintiffs and the experts shall deliver to defendant their respective proposed revisions.
14. Conferring about the draft remedial plan. Within 30 days after the plaintiffs and the court-appointed experts deliver their proposed revisions to defendant, the parties and the court-appointed experts shall meet and confer in a good faith effort to resolve any disagreements.
15. Process for approving the proposed remedial plan. Within 30 days after the plaintiffs and the court-appointed experts deliver their proposed revisions to defendant, either:
(a) The parties jointly shall file with the Court their agreed proposed remedial plan. The parties shall structure the remedial plan so that it complies with the PLRA, and shall so stipulate as set forth above at paragraph 3. The parties shall jointly move the Court to make the same findings in compliance with the PLRA. Or:
(b) The parties each shall file with the Court their separate proposed remedial plans. The court-appointed experts will be available at the Court’s request to report in writing regarding their opinions of those plans. The Court will resolve any disputes.
16. Entry of the remedial plan. Subject to the Court’s review and approval, the Court shall enter the final remedial plan as a new order.
3

Case: 1:12-cv-07289 Document #: 33 Filed: 12/06/12 Page 4 of 10 PageID #:636
B. The substance of the remedial plan
1. Mental health services
17. The remedial plan shall ensure the provision of adequate mental health services to all IDJJ youth, including but not limited to: screening and assessment upon reception; identification of youth whose mental health needs change; appropriate treatment planning; provision to each youth of the particular mental health services set forth in their individualized mental health treatment plan; appropriate, prompt, and confidential access to mental health professionals; appropriate suicide prevention; appropriate prescription and monitoring of psychotropic medications; appropriate and prompt hospitalization of youth when required; appropriate substance abuse diagnosis and treatment; appropriate juvenile sex offender treatment; and appropriate aftercare and discharge planning.
2. Education services
18. General education. The remedial plan shall ensure adequate general education services to all youth, regardless of their status or security classification, including but not limited to: an appropriate number of hours of instruction per week; appropriate instruction in all subjects where youth must earn credit to graduate from secondary education; and appropriate vocational education.
19. Special education. The remedial plan shall ensure adequate special education services to all youth with special education needs, regardless of their status or security classification, including but not limited to: identification of youth with special education needs by the IDJJ’s own screening and by conferring with each youth’s home school district; developing and implementing an appropriate IEP for each qualifying youth; and providing appropriate special education services.
20. Exercise, recreation, and work. For all youth, regardless of their status or security classification, the remedial plan shall ensure, during non-school hours and days, adequate constructive, supervised rehabilitative services, including an appropriate mix of physical exercise, recreational activities, and work “details.”
21. Youth with a diploma or GED. The remedial plan shall ensure, during school hours, for youth at all IYCs who have a high school diploma or a GED, regardless of their status or security classification, adequate constructive, supervised programming reasonably directed towards rehabilitation, such as vocational education and post-secondary education, to ensure that such youth are not idle.
3. Room confinement
22. The remedial plan shall ensure appropriate policies, staff training and supervision, and physical conditions regarding room confinement, including but not limited to the circumstances (if any) under which room confinement may be used, the duration of confinement,
4

Case: 1:12-cv-07289 Document #: 33 Filed: 12/06/12 Page 5 of 10 PageID #:637

the physical conditions of confinement, treatment and services during confinement, and monitoring of youth in confinement.

4. Safety

23. The remedial plan shall contain appropriate policies, staffing, staff training, and supervision to ensure the physical safety of youth from assaults by other youth and from excessive force by staff, including but not limited to the following:

(a)

Policies regarding the circumstances (if any) under which facility staff

may use pepper spray or similar chemical agents.

(b) The IDJJ shall maintain an adequate system of oversight and discipline which reasonably assures the proper and prompt investigation of, and where warranted appropriate action regarding, allegations of excessive force by staff against youth, of sexual misconduct by staff against youth, of staff encouraging youth to attack other youth, of staff not timely and appropriately acting to protect youth from attacks by other youth, and of any other staff misconduct towards or neglect of youth. All investigations and remedial actions shall be properly documented.

(c) When a youth seeks care from a health care provider, the health care provider shall confidentially ask the youth how they received their injury. If the health care provider suspects that the cause of injury is excessive force by staff, the health care provider shall preserve evidence and file an appropriate report.

(d) Staff shall document in writing all use of force by staff against youth, all violence by youth against youth, and all youth injuries. IYC management shall review all such documentation, and shall analyze it for patterns that may indicate staff misconduct, or the need to revise policy to prevent future injury.

(e) An adequate behavioral management program.

5. Continued commitment for lack of a community placement

24. The remedial plan shall provide for policies, staffing, and staff training and supervision to minimize the continued commitment of youth to IYCs solely because a community placement has not been secured for them.

25. The remedial plan shall provide policies, staffing, and staff training and supervision to improve re-entry planning, and to assist paroled youth in successful re-entry.

6. General provisions of the remedial plan

26. As to each of the subjects set forth above in parts II(B)(1) through II(B)(5) of this consent decree, and to the extent necessary to remedy any deficiencies identified by the experts, the remedial plan shall provide:

5

Case: 1:12-cv-07289 Document #: 33 Filed: 12/06/12 Page 6 of 10 PageID #:638

(a) specific tasks, timetables, goals, programs, plans, strategies, and protocols to fulfill all obligations of the remedial plan and this consent decree;

(b) sufficient numbers of adequately qualified and trained staff to fulfill all obligations of the remedial plan and this consent decree, including but not limited to senior and mid-level managers, psychiatrists, psychologists, social workers, nurses, other mental health professionals, general education teachers, special education teachers, vocational education teachers, other education professionals, youth and family specialists (sometimes called counselors), juvenile justice specialists (formerly called youth supervisors), leisure time activity specialists, aftercare specialists, and clericals;

(c)

sufficient services and resources of sufficient quality, scope, and variety to

fulfill all obligations of the remedial plan and this consent decree;

(d)

adequate training, supervision, and (as needed) discipline of all staff;

(e) an adequate system of continuous quality assurance and improvement;

(f)

adequate record-keeping; and

(g) the adoption or revision, as needed, of IDJJ policies, procedures, protocols, and practices.

III. COMPLYING WITH, MONITORING, AND ENFORCING THE REMEDIAL PLAN AND THIS CONSENT DECREE

A. The defendant’s affirmative compliance duties

27. The defendant’s duty to comply. The defendant shall ensure that the IDJJ complies with all provisions of this consent decree and the remedial plan.

28. The defendant’s annual compliance reports. By July 1 of every year, the defendant shall file with the Court, and deliver to the monitor and the plaintiffs’ counsel, an annual report describing in detail the specific actions the defendant will undertake during the following fiscal year, and that the defendant undertook during the prior fiscal year, to comply with the remedial plan and this consent decree.

B. Monitoring

29. The monitors. The jointly appointed experts shall serve as monitors. The monitors shall independently monitor the IDJJ’s compliance with this consent decree and the remedial plan, identify actual and potential areas of non-compliance with this consent decree and the remedial plan, mediate disputes between the parties, and bring issues and recommendations to the Court for resolution. The monitors shall visit each IYC at least once per year. The defendant shall compensate the monitors for their reasonable time and expenses.

6

Case: 1:12-cv-07289 Document #: 33 Filed: 12/06/12 Page 7 of 10 PageID #:639

30. Substitution of a monitor. If a monitor is unwilling or unable to continue to serve, then within 30 days, either:

(a) the parties shall jointly file with the Court the name of the agreed proposed substitute, subject to Court approval; or

(b) if the parties cannot agree upon the substitute, the parties shall each submit to the Court the name and qualifications of their respective proposed substitute, and the Court will select the substitute.

31. The monitors’ consultants. The monitors may retain consultants. Before doing so, a monitor shall provide written notice to both parties. If a party objects, the party within seven days shall deliver written objections to the monitor and the other party. Within seven days after such delivery, the parties and the monitor shall meet and confer. If the parties and the monitor do not agree, either party or the monitor may file an appropriate motion with the Court. The defendant shall compensate the monitor for the reasonable time and expenses of such consultants.

32. The monitors’ annual compliance reports. Within 180 days of entry of the final remedial plan, the monitors shall file with the Court, and deliver to the parties, a report regarding the status of defendant’s compliance with the remedial plan and this consent decree, including the identification of any areas of non-compliance. The monitors may file additional reports at their discretion, but must file at least one report every twelve months.

33. Monitoring by the plaintiffs’ counsel. The plaintiffs’ counsel also shall monitor defendant’s compliance with the remedial plan and this consent decree.

34. The defendant’s facilitation of monitoring. To facilitate monitoring, the defendant shall:

(a) Provide the monitor and the plaintiffs’ counsel each with one-day notice of the in-custody death or off-facility hospitalization of any youth.

(b) Provide the monitor and the plaintiffs’ counsel each with access to all facilities, documents, information, staff, and youth of the IDJJ and of any person or agency contracting with the IDJJ to provide services to youth, provided that health, mental health, and substance abuse records are subject to the protective order in this case.
(c) Comply with reasonable requests by both the monitor and the plaintiffs’ counsel for any information that is related to their review and evaluation of defendants’ compliance with the remedial plan and this consent decree.

(d)

Allow the monitor and the plaintiffs’ counsel each to conduct private, ex

parte interviews of youth.

7

Case: 1:12-cv-07289 Document #: 33 Filed: 12/06/12 Page 8 of 10 PageID #:640
(e) Allow the monitor to conduct private, ex parte interviews of the staff of the IDJJ and the IDJJ’s contractors.
(f) Allow the monitor to conduct unannounced visits to any IDJJ facility.
C. Enforcement
35. Process for enforcing compliance. At any time, if a monitor believes that the defendant is or is reasonably likely to be out of compliance with any provision of the remedial plan or this consent decree, he or she shall promptly notify the defendant and the plaintiffs’ counsel in writing. Likewise, at any time, if the plaintiffs’ counsel believe that the defendant is or is reasonably likely to be out of compliance with any provision of the remedial plan or this consent decree, they shall promptly notify the defendant and the monitor in writing. Within seven days of such notice, the parties and the monitor shall meet and confer regarding this alleged non-compliance. If the parties and the monitor agree that there is non-compliance, and how to remedy such non-compliance, such agreement shall be submitted to the Court as an agreed order. If the parties and the monitor dispute whether there is non-compliance, and/or how to remedy such non-compliance, the monitor or the plaintiffs may move the Court for a new order finding non-compliance and ordering compliance.
IV. GENERAL PROVISIONS
36. Definition of substantial compliance. A facility is in substantial compliance in a subject area if any violations of the relevant remedial plan(s) are minor or occasional, and are neither systemic nor serious. However, if a serious violation of the remedial plan occurs, the facility is in substantial compliance if the facility promptly identifies the violation and develops and implements a timely and appropriate remedy that results in compliance.
37. End of monitoring. When a facility is found to be in substantial compliance on an issue for one full year, and is found to remain in substantial compliance after review by the relevant expert(s) one year later, monitoring regarding that issue at that facility shall end, except that, for good cause, the monitors may continue such monitoring, subject to either party’s request for Court review of the matter. Alternatively, either party may move the Court, upon a showing of good cause, for an order to continue such monitoring. In all events, such continued monitoring shall last for one additional year, subject to possible renewal as set forth in this paragraph.
38. Termination. The remedial plan and this consent decree shall terminate when monitoring has ended for all issues and facilities. If the parties dispute whether the defendant has achieved such substantial compliance, either party may move the Court to resolve the dispute.
39. Modification. Either party may file a motion with the Court requesting a modification to the remedial plan or consent decree.
8

Case: 1:12-cv-07289 Document #: 33 Filed: 12/06/12 Page 9 of 10 PageID #:641
40. Dispute resolution. If any dispute arises under any aspect of this consent decree or the remedial plan, the parties shall attempt in good faith to resolve the dispute, prior to raising the matter with the Court.
41. Ex parte communications. The court-appointed experts and the court-appointed monitors may communicate ex parte with the parties and their counsel. If the court experts or the monitors provide anything to the Court, they must simultaneously serve copies to the parties. The experts and the monitors cannot meet with the Court without prior notice to the parties and an opportunity for the parties to be present.
42. Youth confidentiality. The court-appointed experts, the monitors, any consultants to the monitors, and the plaintiffs’ counsel shall maintain the confidentiality of all information that they obtain, pursuant to this consent decree and the remedial plan, about individual youth, in compliance with the protective order in this case.
43. Resolution of all claims. This consent decree and the remedial plan shall constitute a final resolution of all claims, and only those claims, for injunctive relief actually set forth in the plaintiffs’ complaint.
44. Attorney fees, costs, and expenses. Plaintiffs are entitled to their reasonable attorney fees, costs, and expenses for prosecution of this cause of action, and monitoring and enforcement of the remedial plan and this consent decree.
9

Case: 1:12-cv-07289 Document #: 33 Filed: 12/06/12 Page 10 of 10 PageID #:642

IT IS SO STIPULATED AND AGREED:

For the plaintiffs:

By: /s/ Adam Schwartz

_

Date: December 6, 2012

_

Adam Schwartz Harvey Grossman Benjamin S. Wolf Ruth Z. Brown Roger Baldwin Foundation of ACLU, Inc. 180 North Michigan Avenue, Suite 2300 Chicago, IL 60601 (312) 201-9740

Maja C. Eaton Kevin M. Fee, Jr. Joseph R. Dosch Sidley Austin LLP One South Dearborn Chicago, IL 60603 (312) 853-7000

For the defendant:

By: /s/ Michael T. Dierkes

_

Date: December 6, 2012

_

Michael T. Dierkes Marni M. Malowitz Office of the Illinois Attorney General General Law Bureau 100 West Randolph Street, 13th Floor Chicago, IL 60601 (312) 814-3672

IT IS SO ORDERED:
By: _____________________________ Date: December 6, 2012 United States District Court Judge

10

 
 Case: 1:12-cv-07289 Document #: 73 Filed: 04/07/14 Page 1 of 11 PageID #:873

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

R.J., et al., vs.

Plaintiffs,

CANDICE JONES, Defendant.

)

)

)

)

Case No.: 12-cv-07289

)

)

Hon. Matthew F. Kennelly

)

)

)

)

REMEDIAL PLAN

For good cause shown, the Court orders, adjudges, decrees, and finds as follows:

PART I: GENERAL PROVISIONS

1. Prior proceedings.

(a) Complaint. On September 12, 2012, plaintiffs filed this civil rights class action pursuant to 42 U.S.C. §§ 1983 and 1988 and 28 U.S.C. § 2201 et seq. Plaintiffs are youths confined in secure facilities operated by the Illinois Department of Juvenile Justice (“DJJ”). Defendant is the DJJ Director. The complaint alleges that certain DJJ conditions, services, and treatment violate the Due Process Clause of the Fourteenth Amendment of the United States Constitution and the federal Individuals with Disabilities Education Act. Specifically, the complaint addresses DJJ mental health services, general and special education services, room confinement, safety, and commitment beyond release dates for lack of a community placement. The complaint seeks declaratory and injunctive relief. See Dkt. 1.

(b) Class certification. On September 26, 2012, this Court certified a plaintiff class consisting of all youths who now are, and/or in the future will be, confined by the DJJ, and of a sub-class consisting of class members with special education needs. See Dkt. 12-13, 17.

(c) Consent decree. On December 6, 2012, this Court entered and approved a consent decree and appointed three experts. See Dkt. 32-34. The consent decree required the court-appointed experts to investigate DJJ conditions and services, and then to file a report of their findings and recommendations. See Dkt. 33 at ¶¶ 6, 10-11. The courtappointed experts are Louis Kraus on mental health issues, Peter Leone on education issues, and Barry Krisberg on general juvenile justice issues. Id. at ¶ 7. Next, the consent decree required the parties, with expert input, to prepare and file either an

1

Case: 1:12-cv-07289 Document #: 73 Filed: 04/07/14 Page 2 of 11 PageID #:874
agreed proposed remedial plan, or separate proposed remedial plans from each party. Id. at ¶¶ 12-15. The consent decree then required this Court, subject to its review and approval, to enter the final remedial plan as a new order. Id. at ¶ 16.
(d) Expert reports. On September 23, 2013, the parties filed the reports of the courtappointed experts, including their findings and recommendations. See Dkt. 51.
2. PLRA Findings and Stipulations. The Court finds, based among other reasons on the reports of the court-appointed experts, and the parties stipulate that this remedial plan complies in all respects with the Prison Litigation Reform Act (“PLRA”), 18 U.S.C. § 3626(a). Specifically, the terms of this remedial plan are narrowly drawn; they extend no further than necessary to correct the violation of the federal rights of the plaintiffs, the plaintiff class, and the plaintiff sub-class; and they are the least restrictive means necessary to correct the violation. The court has given substantial weight to any adverse impact on public safety or the operation of a criminal justice system caused by the terms of this remedial plan.
3. Process for Developing Policies and Procedures. When this remedial plan requires the DJJ to develop, revise, implement, or ensure policies, procedures, plans, calendars, models, and the like (together, “policies”), the DJJ shall, at least 30 days prior to the deadline specified in the plan, provide a draft to the court-appointed experts and plaintiffs’ counsel for their review and comment. DJJ shall consider in good faith any proposed revisions and meet and confer on request. DJJ shall, on or before the deadline specified in the plan, submit each policy required under the plan to the Court for its review and approval. Also, if plaintiffs object to the policy, plaintiffs may seek the Court’s determination of whether such drafts comply with federal law, the consent decree, and this remedial plan. DJJ shall implement these policies.
PART II: MENTAL HEALTH SERVICES
1. Licensed Physician Medical Director. DJJ shall, within 180 days of entry of this remedial plan, enter into a contract with a licensed physician to serve as DJJ medical director to provide oversight of all facility health care operations, oversight and monitoring of all vendor-provided health care services, and development of protocols and procedures for delivery of health care services. The contract shall require an adequate number of hours of work per week to ensure adequate mental health services, subject to review by the court-appointed mental health expert. DJJ shall promptly fill any vacancy in this position.
2. Board-Certified Child and Adolescent Psychiatrist. DJJ shall, within 180 days of entry of this remedial plan, enter into a contract with a board-certified child and adolescent psychiatrist. The child and adolescent psychiatrist shall provide oversight of all psychiatric services in all DJJ facilities, including monitoring all vendor-provided psychiatric services; ensure coordination of all psychiatric services with other health care and mental health services; consult with staff; assist with the development and implementation of protocols and procedures for delivery of psychiatric and mental health
2

Case: 1:12-cv-07289 Document #: 73 Filed: 04/07/14 Page 3 of 11 PageID #:875
services; and assess and evaluate youth in appropriate cases. The child and adolescent psychiatrist shall ensure that psychiatric staffing hours in DJJ facilities are sufficient to ensure that psychiatric services to youth comply with established professional standards, including (a) initial psychiatric evaluations of at least 90 minutes per patient and (b) medication follow-up and assessments of at least 30 minutes per patient. The contract shall require an adequate number of hours of work per week to ensure adequate mental health services, subject to review by the court-appointed mental health expert. DJJ shall promptly fill any vacancy in this position.
3. Treatment Unit Administrator Positions. DJJ shall, within 180 days of entry of this remedial plan, have qualified full-time treatment unit administrators (“TUAs”) to oversee delivery of mental health services at each of its facilities. The minimum qualifications for these positions shall include a doctoral degree (Ph.D. or Psy.D.) and appropriate licensure by the State of Illinois.
4. Mental Health Staffing Levels and Qualifications. Within 90 days of the hiring of the DJJ medical director and DJJ child and adolescent psychiatrist, DJJ shall, in consultation with the court-appointed mental health expert and plaintiffs’ counsel, establish appropriate staffing levels and qualifications of mental health professionals to deliver individual and group therapy based on youths’ diagnostic needs and services called for in each youth’s individualized mental health treatment plan. These staffing levels and qualifications shall be adopted in a supplemental order, including deadlines for implementation, subject to the Court’s review and approval, and also subject to the PLRA findings as set forth above in paragraph I(2).
5. Mental Health Records and Hospitalization. DJJ shall, within 90 days of entry of this remedial plan, implement uniform policies in all facilities to ensure (a) that the DJJ timely requests hospital and other outside mental health records for youth and (b) adequate identification and assessment of youth with significant mental health needs potentially in need of outside hospitalization, and as appropriate facilitation of such hospitalization.
6. Individualized Mental Health Treatment Plans and Coordination of Treatment. DJJ shall, within 180 days of entry of this remedial plan, ensure uniform policies and procedures are in place in all facilities requiring: (a) the development and implementation of an individualized mental health treatment plan for each youth, including the type and amount of mental health services each youth needs, (b) coordination by mental health staff with each other, and with other staff, in planning treatment, providing treatment, and planning community reentry (including integration with community mental health services), and (c) family therapy as appropriate.
7. Medication Consent. DJJ shall, within 90 days of entry of this remedial plan, develop revised procedures and forms to ensure that appropriate informed consents are obtained for administration of psychotropic medications. The consent forms shall (a) communicate the diagnosis; (b) identify the specific goals and potential side effects of the treatment; (c) provide for documentation of parental, guardian, or youth consent as
3

Case: 1:12-cv-07289 Document #: 73 Filed: 04/07/14 Page 4 of 11 PageID #:876
legally required; and (d) provide for an assent signature for minor youth where consent is provided by a parent or guardian.
8. Medication Management. DJJ shall, within one year of entry of this remedial plan, review and revise, in consultation with the DJJ medical director and child and adolescent psychiatrist, its policies and procedures relating to medication management. The policies and procedures shall address the use of stimulant medications for youths with polysubstance abuse and shall ensure adequate monitoring of the consequences of medication.
9. Youths in Reception and Classification Units. DJJ shall, within 120 days of entry of this remedial plan, create and implement policies and procedures to ensure appropriate group therapy is available to youths in Reception and Classification Units subject to reasonable safety and security considerations.
10. Youths Seeking Immediate Mental Health Care. DJJ shall promptly fulfill, to the extent reasonably possible, requests by youths who ask to immediately speak with a mental health professional, without any presumption that such youths need crisis confinement.
11. LGBTQ Youths. DJJ shall, within 90 days of entry of this remedial plan, create and implement a training program and promulgate and implement revised policies addressing needs and potential treatment of LGBTQ youth and youth diagnosed with Gender Dysphoria. The revised policies shall include (a) protection of LGBTQ youths from violence, threats, and harassment from staff and others; (b) individualized decisionmaking, which includes the input of DJJ mental health staff, regarding the classification and housing of transgender youths, including whether to house them with male or female youths; (c) individualized decision-making, which includes the input of DJJ mental health staff, regarding whether to continue or begin hormone or hormone-blocker therapy for transgender youths; and (d) when body searches of transgender youths are necessary, allowing such youths to choose the gender of the staff who will search them.
PART III: EDUCATION SERVICES
1. Full-Time, Full-Day Instruction. DJJ shall provide full-time, full day instruction on all scheduled school days in each facility. Specifically, DJJ shall make available at least five hours of instruction per day, on all scheduled school days, to all youths committed to the DJJ, regardless of their status or security classification, except that: (a) DJJ shall offer at least two and one-half hours of educational programming per scheduled school day to youths who have a high school diploma or GED; and (b) within 120 days of the entry of this plan, and in consultation with the court-appointed education expert and plaintiffs’ counsel, DJJ shall develop and implement a policy regarding the kind and minimum amount of alternative educational programming for youth in reception and classification units. During scheduled non-school days, DJJ shall offer alternative educational programming and online coursework.
2. Teacher Staffing Levels. Within one year of entry of this remedial plan, DJJ shall create and fill additional teacher positions to ensure that full-time, full day instruction is
4

Case: 1:12-cv-07289 Document #: 73 Filed: 04/07/14 Page 5 of 11 PageID #:877
provided on all scheduled school days in each facility, and that all special education services required by youths’ IEPs are provided. DJJ shall ensure student to teacher ratios of 10:1 or lower for a general classroom setting and 6:1 or lower for students with intensive needs; however, with approval of the court-appointed education expert higher ratios may be utilized where para-professionals such as teachers’ assistants are available. DJJ shall also work to streamline the teacher hiring process to eliminate any barriers to timely hiring of teachers and duplicative efforts or other inefficiencies in the hiring process.
3. Other Education Staffing Levels. Within 90 days of the entry of this plan, and in consultation with the court-appointed education expert and plaintiffs’ counsel, DJJ shall establish (a) appropriate staffing levels for school librarians, school counselors, and school clerical staff, and (b) an appropriate number of special education instructional specialists to assist special education teachers. The responsibilities of the school counselors shall include timely obtaining youths’ prior school records, assessing credits needed for graduation, and monitoring implementation and compliance with youths’ Individualized Education Plans. These staffing levels shall be adopted in a supplemental order, including deadlines for implementation, subject to the Court’s review and approval, and also subject to the PLRA findings as set forth above in paragraph I(2).
4. Substitute Teacher Policy. DJJ shall, within 180 days of entry of this remedial plan, create and implement a plan to provide for certified substitute teachers in its facilities to minimize the impact of teacher absences on instruction in its schools.
5. Modified School Calendar. DJJ shall reduce teacher absences and ensure continuity of instruction by implementing a modified school calendar. The modified school calendar shall have defined vacation times for teachers, and minimize the use of vacation time by teachers during school instruction periods. DJJ shall, within 60 days of entry of this remedial plan, prepare a draft school calendar for 2014-15 that specifies school holidays and other vacation time, staff development days, and a summer break for teachers while providing alternative educational programming for youths. Following review and input from the education expert and plaintiffs’ counsel, DJJ shall, within 90 days of entry of this remedial plan, publish its final school calendar for 2014-15.
6. Blended Instruction. DJJ shall ensure that it provides both traditional classroom instruction and web-based instruction, individually tailored to students’ needs.
7. Curriculum. DJJ shall provide an academic curriculum sufficient to make available, to every youth without a high school diploma or GED, instruction in: (a) all subjects in which they must earn credit under state law in order to earn a high school diploma; (b) all subjects they need in order to prepare to take the GED exam; and (c) career and technical education programs for which high school credit can be earned. DJJ shall also offer vocational programming in which youths who already have a high school diploma or GED, or who are not on a diploma track, can earn vocational certification. Within one year of entry of this remedial plan, DJJ shall offer at least two vocational programs at each facility (except that facilities with fewer than 50 youths need only have one), and the
5

Case: 1:12-cv-07289 Document #: 73 Filed: 04/07/14 Page 6 of 11 PageID #:878
DJJ shall ensure that at least one vocational program at each facility leads to certification. DJJ shall provide intensive literacy instruction to all youths who score below the 25th percentile on standardized reading tests upon DJJ admission.
8. Special Education Policies and Procedures. DJJ shall, within 180 days of entry of this remedial plan, revise and update its policies and procedures relating to special education. The policies and procedures shall provide for (a) timely obtaining youths’ IEPs and related materials from their prior schools, (b) identification and assessment of youths with learning disabilities, (c) development and implementation of IEPs, and (d) monitoring to ensure that youths are receiving the services specified in their IEPs.
PART IV: USE OF CONFINEMENT
1. Confinement and Restricted Movement Policy. DJJ shall, within 180 days of entry of this remedial plan, rewrite its policy regarding use of confinement and restricted movement. For purposes of this Part IV, (i) “Confinement” shall refer to the removal of a youth from his or her assigned housing unit and placement of the youth into a confinement unit room, segregated from other youth, and (ii) “Restricted Movement” shall refer to youth who are not held on a confinement unit in confinement status but nevertheless have restricted movement. The new policy regarding the use of confinement and restricted movement shall include the following features:
(a) Limits on confinement for behavior management. Confinement shall be allowed for purposes of safely managing a youth who has exhibited aggressive or uncontrolled behavior or movement and presents an immediate risk to staff, other youths, or facility security. When the youth regains self-control, such confinement must end. In no case shall confinement solely for behavior management last for a duration of more than twenty-four (24) hours.
(b) Limits on mental health crisis confinement. Confinement shall be allowed when (i) based on the youth’s mental health status such confinement is necessary to prevent physical harm to self or others, (ii) no less restrictive intervention is available, and (iii) such confinement does not pose an undue risk to the youth’s health. Such confinement must end when the risk of harm to self or others ends. Such confinement shall be re-evaluated every 24 hours by a mental health professional, subject to the same three findings above. If such confinement is still necessary after three days, the youth shall be evaluated by a psychiatrist, psychologist, or other qualified mental health professional for hospitalization.
(c) Limits on investigative confinement. If DJJ has probable cause to believe that a youth has committed a serious offense while in DJJ custody, they may confine such a youth during the pendency of an investigation of the alleged offense. The policy must address the maximum duration of such confinement, and which offenses allow such confinement.
6

Case: 1:12-cv-07289 Document #: 73 Filed: 04/07/14 Page 7 of 11 PageID #:879
(d) Limits on confinement for transfer to DOC. If DJJ has temporary custody of an individual who is of adult age with a criminal conviction and a sentence to the Department of Corrections (“DOC”), DJJ may confine such an adult while awaiting their transfer to a DOC facility, but in no event for longer than three business days.
(e) Limits on medical confinement. The policy must address whether, and if so when, DJJ medical staff may order the confinement of a youth for purposes of medical quarantine or isolation.
(f) Other confinement prohibited. All other forms of confinement shall be prohibited, including but not limited to: for purposes of disciplining or punishing a youth, or for purposes of protecting one youth from another youth.
(g) Periodic visual inspections. The policy must require that at regular intervals, staff must visually inspect the well-being of all youths in confinement or restricted movement and have verbal communication with such youths during these visual checks.
(h) Appropriate services. The policy must define the appropriate services for youths in confinement or restricted movement, including medical care, mental health services, education, recreation, visiting, telephone contacts and meals.
(i) Process for entering, continuing, and exiting confinement or restricted movement. The policy must establish the criteria and process for entering and continuing confinement or restricted movement, and the criteria and process for exiting confinement and returning to regular living units or terminating restricted movement, including who makes such decisions, how they are reviewed and by whom, and timeframes for such decision and review.
(j) Documentation. For youths in confinement or restricted movement, the policy shall address appropriate documentation of the foregoing visual inspections, verbal communications, appropriate services, and processes for entry, continuation, or exit.
(k) Restricted movement on other living units. The policy must address limitations on all forms of restricted movement, including “room confinement” to the youth’s own room, any behavioral management units, reception and classification units, medical infirmary units, mental health crisis observation units, visitor or guest units for youth temporarily assigned to a facility for any reason, and institutional restricted movement.
2. Confinement Liaison. DJJ shall, within 180 days of entry of this remedial plan, develop and implement policies and procedures requiring a youth and family specialist or other non-security staff member to be present during the day shift at each confinement unit that has at least one youth in confinement. The youth and family specialist shall serve as a liaison between the youth and other facility staff, and shall help ensure that appropriate services (including mental health services, education services, and reading materials) are
7

Case: 1:12-cv-07289 Document #: 73 Filed: 04/07/14 Page 8 of 11 PageID #:880
provided to the youth. This provision shall be subject to modification after implementation of the revised policy outlined in this Part IV, and the experts’ assessment as to the need for and efficacy of the confinement liaison.
3. Confinement Conditions. DJJ shall, within 180 days of entry of this remedial plan, develop and implement policies and procedures ensuring adequate thorough cleaning and sanitation of all confinement rooms after they are vacated before the room is used for another youth, and as needed during any period of use with an individual youth to ensure rooms remain free of food or human waste and/or graffiti. DJJ shall also, within 180 days of entry of this remedial plan, ensure that all confinement rooms are well lit with functional plumbing, are appropriately heated or cooled, and contain adequate bedding and blankets.
PART V: SAFETY AND GENERAL ISSUES
1. Comprehensive Treatment Model. DJJ shall, within one year of entry of this remedial plan, develop and implement a strategic plan for an evidence-based or evidence-informed comprehensive treatment and rehabilitation model to be used for all youths in all DJJ facilities, including but not limited to youths in special treatment units and for juvenile sex offenders. Such a model shall ensure general uniformity and cohesive programming in all DJJ facilities, across educational, mental health, substance abuse, behavioral management, and other programming for youths.
2. Department-Wide Behavioral Management System. DJJ shall, within one year of entry of this remedial plan, adopt and implement a comprehensive, department-wide, evidencebased or evidence-informed behavioral management system, to provide a consistent model for youth behavior throughout the facilities.
3. Individualized Youth Development Plans. DJJ shall, within 180 days of entry of this remedial plan, implement policies and procedures requiring preparation and implementation of a youth development plan (“YDP”) for each youth committed to DJJ custody. Within fourteen days of a youth’s arrival at his or her assigned facility, DJJ facility and Aftercare staff will begin collaborating to develop the youth’s YDP. The YDP will, through the use of screening and assessment, identify needed services based on the youth’s strengths and needs, and will serve as a plan for the youth carrying through to the youth’s release on aftercare.
4. Security Staffing Levels. DJJ shall increase the number of security staff posts to ensure adequate staffing at each facility. Specifically, DJJ shall comply with the Prison Rape Elimination Act (“PREA”) Juvenile Facility Standards (28 CFR 115.313(c)) by achieving and maintaining youth to security staff ratios of (a) 12:1 for waking hours and 20:1 for sleeping hours by October 2015, (2) 10:1 for waking hours and 18:1 for sleeping hours by October 2016, and (3) 8:1 for waking hours and 16:1 for sleeping hours by October 2017.
5. Youth and Family Specialist Staffing Levels. Within 90 days of the entry of this plan, and in consultation with the court-appointed general juvenile justice expert and plaintiffs’
8

Case: 1:12-cv-07289 Document #: 73 Filed: 04/07/14 Page 9 of 11 PageID #:881
counsel, DJJ shall establish an appropriate staff-to-youth ratio for Youth and Family Specialists. This ratio shall be adopted in a supplemental order, including a deadline for implementation, subject to the Court’s review and approval, and also subject to the PLRA findings as set forth above in paragraph I(2).
6. Training of Staff with Youth Contact. DJJ shall provide training to ensure that all staff who have direct contact with juveniles are adequately trained in the following areas: (a) adolescent social and intellectual development; (b) gender responsive and cultural competent interaction with youth; (c) the mental health and trauma needs of justiceinvolved youth; (d) conflict resolution techniques (including conflict de-escalation); (e) the participation of mental health staff in resolving conflicts; (f) effective behavioral management including alternatives to use of confinement; (g) report writing on use of force incidents, including the time, location, and reasons for force; (h) alternatives to the use of force when appropriate; (i) the basic principles of the Americans with Disabilities Act (“ADA”) and the Prison Rape Elimination Act (“PREA”); and (j) zero tolerance for verbal and sexual abuse and harassment.
7. Youth Grievance Reporting. DJJ shall ensure that all youths have adequate means to report allegations of abuse and/or submit grievances. DJJ has instituted and shall maintain a hotline which youth can use at any time to report sexual abuse or harassment. In addition, within 180 days of entry of this remedial plan, DJJ shall ensure a grievance box and grievance forms are available on each unit, provide enhanced education to youths and staff about the grievance process, and require each facility to submit a monthly report to the Director of the DJJ describing all grievances and their resolutions. DJJ shall provide these monthly reports to the court-appointed experts and plaintiffs’ counsel.
8. Independent Juvenile Ombudsman. DJJ has proposed legislation (SB 2352) that would create within the DJJ an Independent Juvenile Ombudsman for the purpose of securing the rights of youth committed to the DJJ. The Independent Juvenile Ombudsman will be appointed by the Governor for a term of four years, and shall be responsible for reviewing and monitoring the implementation of rules and standards established by the DJJ and the delivery of services to youth to ensure that the rights of youth are fully observed; providing assistance to a youth or family who the Ombudsman determines is in need of assistance; investigating and attempting to resolve complaints made by or on behalf of youth; reviewing or inspecting periodically DJJ facilities and procedures to ensure that the rights of youth are fully observed; being accessible to and meeting with youth, and serving as a resource by informing them of their rights. DJJ will continue to advocate with the General Assembly for passage of this legislation.
9. Limits on mechanical restraints. Within 180 days of the adoption of this remedial plan, the DJJ shall adopt and implement a policy that limits the use of mechanical restraints.
10. General Programming. DJJ shall, within 180 days of entry of this remedial plan, create and implement a policy to provide opportunities, subject to reasonable security concerns, for all DJJ youths to spend at least eight hours per day outside of their rooms engaged in
9

Case: 1:12-cv-07289 Document #: 73 Filed: 04/07/14 Page 10 of 11 PageID #:882
supervised activities (not including meals or showers), so that during hours when they are not participating in school or treatment, they have opportunities to participate in an appropriate mix of physical exercise, recreational activities, and work details.
11. Legal assistance to youths. Within 90 days of the adoption of this remedial plan: (a) plaintiffs’ counsel shall prepare a list of non-profit legal organizations that might assist youths who believe their rights have been violated by DJJ conditions or services, and DJJ shall review that list, and then post that list in a prominent location in the day and visitation rooms in all IDJJ youth centers; and (b) DJJ shall reasonably facilitate confidential communications between youths and such attorneys by means of face-to-face meetings, telephone calls from attorneys to youths, and telephone calls from youths to attorneys with whom they have an existing attorney-client relationship.
PART VI: COMMUNITY PLACEMENT
1. Placement Coordinator. DJJ shall, within 90 days of entry of this remedial plan, assign a Placement Coordinator to oversee and monitor implementation of this Part VI. The Placement Coordinator shall be a full-time DJJ staff member whose primary job responsibility is to coordinate and monitor activities of facility and Aftercare staff responsible for overseeing planning for community placement and identifying and resolving placement barriers. DJJ shall provide the Placement Coordinator with monthly reports that identify all youths with placement barriers and provide details as to the barriers, placement plans, and status of each youth’s placement. Such reports shall be made available to the court-appointed experts and plaintiffs’ counsel upon request.
2. Discharge Planning Upon Intake. In conjunction with the statewide implementation of Aftercare Specialists for all youth in DJJ, DJJ shall engage in initial placement planning within fourteen days of a youth’s commitment to DJJ and arrival at a DJJ facility, incorporating concurrent planning to minimize the number of youths who, but for a lack of placement, could be released on aftercare status.
3. Preparation of Youths for Placement. DJJ shall collaborate with providers to prepare youths for placement in residential facilities and enhances their prospects for success at those facilities.
4. Placement. DJJ shall take all steps reasonably necessary, including but not limited to requesting appropriations and seeking vendors, to establish a sufficient number of available beds in appropriate community facilities for juvenile sex offenders and other youths who require residential placement upon release in Illinois.
PART VII: IMPLEMENTATION AND MONITORING
1. Deputy Director of Quality Assurance. DJJ shall, within 180 days of entry of this remedial plan, appoint a Deputy Director of Quality Assurance whose responsibilities will include monitoring the delivery of services and programs to youth; ensuring that the implementation of agency programs and operations are consistent with the agency’s
10

Case: 1:12-cv-07289 Document #: 73 Filed: 04/07/14 Page 11 of 11 PageID #:883

objectives and mandates; and assisting with development and implementation of statewide policies, procedures, guidelines, and performance standards.

2. Monitoring and Access to Data. DJJ shall facilitate monitoring by the court-appointed experts and plaintiffs’ counsel in accordance with paragraphs 27 through 35 of the consent decree. In addition, DJJ shall confer with the court-appointed experts and plaintiffs’ counsel within 60 days of entry of this remedial plan regarding the data they will require to monitor the DJJ’s compliance with this remedial plan and when and how that data shall be provided.

3. Monitoring of chemical agents. The court-appointed experts and the plaintiffs’ counsel may monitor DJJ’s use of chemical agents.

IT IS SO STIPULATED AND AGREED:

For the plaintiffs:

For the defendant:

By: /s/ Adam Schwartz_____________

By: /s/ Michael T. Dierkes___________

Date: April 7, 2014_________________

Date: April 7, 2014__________________

Adam Schwartz Harvey Grossman Benjamin S. Wolf Lindsay Miller Roger Baldwin Foundation of ACLU, Inc. 180 North Michigan Avenue, Suite 2300 Chicago, IL 60601 (312) 201-9740

Michael T. Dierkes Marni M. Malowitz Office of the Illinois Attorney General General Law Bureau 100 West Randolph Street, 13th Floor Chicago, IL 60601 (312) 814-3672

Maja C. Eaton Kevin M. Fee, Jr. Joseph R. Dosch Sidley Austin LLP One South Dearborn Chicago, IL 60603 (312) 853-7000

IT IS SO ORDERED:

By: _____________________________________

Date: April 7, 2014 United States District Court Judge

11

 
 Case: 1:12-cv-07289 Document #: 80 Filed: 07/07/14 Page 1 of 3 PageID #:910

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

R.J., et al. vs.

Plaintiffs,

CANDICE JONES, Defendant.

)

)

)

)

Case No.: 12-cv-07289

)

)

Hon. Matthew F. Kennelly

)

)

)

)

DEFENDANT’S SUBMISSION OF POLICIES PURSUANT TO PARAGRAPH I(3) OF THE REMEDIAL PLAN

Defendant Candice Jones, Director of the Illinois Department of Juvenile Justice

(“DJJ”), by her attorney, Lisa Madigan, Attorney General of Illinois, submits the attached

policies for the Court’s review and approval.

1. The remedial plan in this case (Dkt. No. 73) requires the DJJ to develop

certain policies. For each such policy, paragraph I(3) of the plan requires the DJJ to

provide a draft to the court-appointed experts and plaintiffs’ counsel at least 30 days prior

to the deadline specified in the plan, consider in good faith any proposed revisions and

meet and confer upon request, submit the policy to the Court for its review and approval,

and implement the policy.

2. Under the plan, policies addressing four topics are due today, July 7, 2014,

which is 90 days from the entry of the plan: mental health records and hospitalization

(Dkt. No. 73 at ¶ II(5)), medication consent (id. at ¶ II(7)), LGBTQ youths (id. at ¶

II(11)), and a modified school calendar (id. at ¶ III(5)).

1

Case: 1:12-cv-07289 Document #: 80 Filed: 07/07/14 Page 2 of 3 PageID #:911

3. In compliance with the plan, DJJ submits Exhibits A to I hereto. These

exhibits include the required policies (plus some additional sections which are not due

under the plan, and which are not submitted for court review and approval, as indicated in

the chart below).

Remedial Plan Requirement

Relevant Exhibit(s)

Policy re mental health records and Exhibit A (AD 05.05.105 - Initial, Security

hospitalization (II(5))

Classification of Youth), only parts

II(F)(2-4)

Exhibit B (AD 04.04.102 – Emergency Mental Health Services), only part II(F)(4)

Policy and form re medication consent Exhibit C (AD 04.04.100 – Mental Health

(II(7))

General Provisions), only part II(F)(8)

Exhibit D (medication consent form)

Policy re LGBTQ youths (II(11))

Exhibit E (AD 04.01.303 – Lesbian, Gay, Bisexual, Transgender, and Questioning (LGBTQ) Youth)

Exhibit F (AD 04.03.104 – Evaluations of Youth with Gender Dysphoria)

Exhibit G (AD 04.01.130 – Programs and Case Management), only parts II(D), II(F)(3)(d), II(F)(4)(b)

Exhibit H (AD 05.01.302 – Prohibited Cross-Gender Searches)

Modified school calendar (III(5))

Exhibit I (school calendar)

2

Case: 1:12-cv-07289 Document #: 80 Filed: 07/07/14 Page 3 of 3 PageID #:912

4. The DJJ provided Exhibits A to I to the court-appointed experts and plaintiffs’ counsel on June 6, 2014, as required by the plan. The DJJ has considered the proposed revisions in good faith, and the parties and experts have met and conferred regarding the proposed revisions. The DJJ respectfully requests court approval of the relevant sections of Exhibits A to I.

Dated: July 7, 2014
LISA MADIGAN Attorney General of Illinois

Respectfully submitted,
/s/ Michael T. Dierkes
Michael T. Dierkes Office of the Illinois Attorney General 100 West Randolph Street, 13th Floor Chicago, Illinois 60601 (312) 814-3000
Counsel for Defendant

3

Case: 1:12-cv-07289 Document #: 80-1 Filed: 07/07/14 Page 1 of 3 PageID #:913

Illinois
Department of
Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Number Page
Effective

05.05.105 1 of 3
(NEW) Draft

Section

05

Operations

Subsection

05

Classification

Subject

105

Initial Security Classification of Youth

I.

POLICY

A.

Authority

730 ILCS 5/3-2.5-20

20 Ill. Adm. Code 2503, Subpart A.

B.

Policy Statement

All youth received at a Reception and Classification Center shall receive a security classification.

II.

PROCEDURE

A.

Purpose

The purpose of this directive is to establish written guidelines for staff in regard to the classification of youth received at a Reception and Classification Center.

B.

Applicability

This directive is applicable to all youth centers designated as Reception and Classification Centers.

C.

Facility Reviews

A facility review of this directive shall be conducted at least annually.

D.

Designees

Individuals specified in this directive may delegate stated responsibilities to another person or persons unless otherwise directed.

E.

Definitions

Youth security designation - the youth's need for institutional security as determined by objective classification decisions.

F.

Requirements

1.

The Reception and Classification Administrator shall establish written guidelines for the

classification of youth received at the center. The guidelines shall be established and

maintained in line with the current Classification User's Manual. The Reception and

Classification Administrator shall ensure that:

Case: 1:12-cv-07289 Document #: 80-1 Filed: 07/07/14 Page 2 of 3 PageID #:914
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

DRAFT

Page

2 of 3

Number

05.05.105

a.

All youth received at the Reception and Classification Center receive a security

classification after a review process has been completed.

b.

The security classification decision takes into account, among other matters, the

following factors:

(1) The youth's security designation score on the initial classification instrument; and

(2) Administrative concerns such as escape risk issues, institutional security issues, medical, mental health, or other special needs.

2.

The Reception and Classification Administrator shall establish written procedures for

identifying youth who have been previously incarcerated in or admitted to another

correctional or psychiatric facility, or have received other mental health treatment. R&C

staff shall notify the Health Care Unit Administrator using the DJJ 0438 of any facility or

treatment provider that may have clinical or medical records on a youth.

a.

Knowledge of prior incarceration or mental health treatment may be obtained

from, but shall not be limited to, records from previous commitments to the

Department, staff knowledge, the arrest record, social history report, the youth's

self-admission, or from the youth’s parents or guardians.

3.

Within 3 business days of receiving such notification, the Health Care Unit Administrator

shall request clinical or medical records from such facilities or treatment providers using

the DJJ 0114 or another request form required by the treatment provider.

a.

When requesting medical records, and executed Authorization for Release of

Youth Medical Health Information, DJJ 0241, shall be included in the request.

b.

When requesting mental health or Substance Abuse Treatment Information, an

executed DJJ 0240, shall be included in the request.

c.

A copy of the DJJ 0438 and all request forms, shall be attached to the Reception

Classification Report and placed in the youth’s medical file.

4.

If any of the requested records are received after the youth has transferred from the

Reception and Classification Center, the R&C Administrator shall forward the records to

the Health Care Unit Administrator at the youth’s assigned youth center in order to evaluate

the appropriateness of the youth's current security classification and program and housing

assignments. These records shall be placed in the youth's medical file after an evaluation

has been conducted.

Authorized by:

Candice Jones

Case: 1:12-cv-07289 Document #: 80-1 Filed: 07/07/14 Page 3 of 3 PageID #:915
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

DRAFT

Page

3 of 3

Number

05.05.105

Director

Case: 1:12-cv-07289 Document #: 80-2 Filed: 07/07/14 Page 1 of 10 PageID #:916

Illinois
Department of
Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Number Page
Effective

04.04.102 1 of 10 DRAFT

Section

04

Programs and Services

Subsection

04

Mental Health

Subject

102

Emergency Mental Health Services

I.

POLICY

A.

Authority

730 ILCS 5/3-2.5-20

20 Ill. Adm. Code 2415

B.

Policy Statement

Youth shall have access to emergency mental health services.

II.

PROCEDURE

A.

Purpose

The purpose of this directive is to define the responsibilities of those employees involved in the provision of emergency mental health services to youth.

B.

Applicability

This directive is applicable to all youth centers.

C.

Facility Reviews

A facility review of this directive shall be conducted at least annually.

D.

Designees

Individuals specified in this directive may delegate stated responsibilities to another person or persons unless otherwise directed.

E.

Definitions

Close Supervision - a formal treatment status which provides for verbal or visual monitoring of those youth determined by a mental health professional to be acutely disturbed or potentially suicidal.

Crisis Team Member - an individual designated by the Chief Administrative Officer to respond to a potential or actual crisis.

Crisis Team Leader - a mental health professional designated by the Chief Administrative Officer to supervise and direct crisis services.

Case: 1:12-cv-07289 Document #: 80-2 Filed: 07/07/14 Page 2 of 10 PageID #:917
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

DRAFT

Page

2 of 10

Number

04.04.102

Observation Status - a formal monitoring status which provides for verbal or visual monitoring of those youth determined by a mental health professional or Crisis Team Leader to be at increased risk for experiencing a mental or emotional crisis.

Strip Celling – the removal of all clothing and property from a youth who is placed on suicide watch and determined by a mental health professional or physician, when a mental health professional is not available, that the youth is at imminent risk for harm to self or others.

Suicide Watch Status - a formal treatment status for a youth determined by a mental health professional to be acutely suicidal.

F.

Implementation

The Chief Administrative Office shall develop a written procedure implementing all provisions of this directive.

1.

Crisis Intervention Team

a.

A Crisis Intervention Team shall be designated by the Chief Administrative Officer

which shall include:

(1) A mental health professional who shall be the Crisis Team Leader;

(2) At least one member of the security staff who is the rank of Juvenile Justice Supervisor.

(3) Other members who may be chosen from the administrative, chaplaincy, counseling, educational, leisure time services, medical or security staff.

b.

One or more team members shall be available on site on a 24-hour basis.

c.

All staff selected for the Crisis Intervention Team shall be properly trained.

(1) Mental health professionals shall not be required to receive special training unless specifically required by the Chief Administrative Officer.

(2) All other team members shall receive sixteen hours of specialized training prior to serving on the Crisis Intervention Team, unless otherwise approved, in writing, by the agency Chief of Mental Health Services.

(a) The initial 16 hours of training shall be provided through the Training Academy and shall include assessment and intervention techniques in crisis situations.

(b) A team member may provisionally serve on the team after completing four hours of orientation training as determined by the Crisis Team Leader. The team member shall receive the required training provided by the Training Academy at the next available training session.

Case: 1:12-cv-07289 Document #: 80-2 Filed: 07/07/14 Page 3 of 10 PageID #:918
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

DRAFT

Page

3 of 10

Number

04.04.102

(3) All team members shall receive an additional one hour of training quarterly by the facility Crisis Team Leader. The training shall consist of topics selected by the Team Leader which are pertinent to crisis intervention.

2.

Referrals to Crisis Intervention

a.

A procedure shall be established for referral to the Crisis Intervention Team of

youth who exhibit disturbed behavior.

(1) All staff are responsible for promptly reporting to the Crisis Intervention Team or a mental health professional any evidence that a youth is:

(a) Threatening suicide, attempting suicide, or exhibiting other symptoms which indicate that the youth may be at risk for, or intent upon, self-harm or suicide;

(b) Threatening or attempting homicidal behavior, or exhibiting other symptoms which indicate the youth may be at risk for, or intent upon, killing another;

(c) Mentally or emotionally disturbed and potentially dangerous to others, or unable to care for himself due to confusion, disorientation, etc.; or

(d) Exhibiting acute depressive or psychotic symptoms.

(2) All youth center staff shall receive a minimum of one hour of training. Training shall include identification and reporting of disturbed behavior to the Crisis Intervention Team.

b.

Upon notification of the referral, the Crisis Team Member shall determine and

implement the steps necessary, if any, to resolve the crisis or prevent it from

escalating. This may include referral to other staff or services.

(1) The Crisis Team Member shall promptly review the case with the Crisis Team Leader or other designated mental health professional to determine if appropriate services and referrals have been provided. After normal duty hours and on weekends and holidays this review may be by telephone.

(2) The Crisis Team Leader or Member shall monitor and facilitate service delivery including, when appropriate, referral for mental health or medical examination, initiation of crisis treatment plan and recording of visual or verbal checks, and any special recommendations by mental health professionals.

(3) The Crisis Team Leader of Member shall notify the Shift Supervisor of any recommendations involving responsibility of security staff toward the youth.

Case: 1:12-cv-07289 Document #: 80-2 Filed: 07/07/14 Page 4 of 10 PageID #:919
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

DRAFT

Page

4 of 10

Number

04.04.102

(4) The crisis response shall be terminated as determined by the Crisis Team Leader or other involved mental health professional.

3.

Crisis Care Services

Upon the recommendation of a Crisis Team Member or a mental health professional, the Chief Administrative Officer may order that a youth be housed in a crisis care area. Youth who are assigned to a crisis care area shall be placed on observation status, close supervision status, or suicide watch status in accordance with this directive. In extreme emergencies, a youth may be placed in therapeutic restraints in accordance with Administrative Directive 04.04.103.

a.

Crisis Care Area.

(1) The Chief Administrative Officer shall designate an area or areas for housing a youth who is determined by a mental health professional or Crisis Team Member to require removal from the regular housing assignment for mental health treatment or observation. Removal from the general population must comply with the provisions in Administrative Directive 04.04.100.

(2) Crisis care rooms or housing areas shall be equipped to provide for:

(a) Single celling or housing

(b) Control of outside stimuli, especially contact with other youth.

(c) Adequate lighting or lighting controlled from outside of the room or housing area.

(d) Opportunities for observation by staff from as many points in the area as possible.

(e) Opportunities for staff to conveniently hear activities within the room or area.

(f)

Access to health services.

(g) Prompt access by staff into the area.

(3) Close supervision or suicide watch may be provided at a community health care facility pending evaluation or transfer to an appropriate Department facility.

(4) Clothing or other personal property removed from the youth's crisis care room or housing area shall be placed in a secure area.

b.

Observation Status

Case: 1:12-cv-07289 Document #: 80-2 Filed: 07/07/14 Page 5 of 10 PageID #:920
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

DRAFT

Page

5 of 10

Number

04.04.102

(1) If it is determined by a mental health professional or Crisis Team Leader that a youth is at increased risk to experience a mental or emotional crisis, the individual may be placed on observation status. No youth meeting criteria for close supervision or suicide watch may be placed on this status.

(2) The Chief Administrative Officer shall establish the procedures for this status through a local written procedure. At minimum these procedures shall include:

(a) The procedure for placing a youth on observation status.

(b) Notification of the Crisis Team Leader and Duty Administrative Officer.

(c) The frequency of observation and method of documentation.

(d) Daily evaluation by designated staff.

(e) A provision that observation status shall not exceed 72 hours, unless extended by a mental health professional following a formal evaluation.

(f)

A provision that termination of this status shall be upon the written

or verbal order of a mental health professional.

c.

Close Supervision Placement

(1) A youth who is determined by a mental health professional to be acutely disturbed, potentially suicidal or who may pose a threat of serious physical harm to self or others in the near future may be placed on close supervision. When a mental health professional is not on site, this determination shall be made by the Crisis Team Member who shall promptly review the situation with the Crisis Team Leader.

(2) Monitoring of youth who are placed in close supervision shall be documented and shall include the following:

(a) Checks by staff at least every 15 minutes, which include verbal or visual contact with the youth. It is recommended that these checks include a notation on the youth's behavior or speech.

(b) Daily contacts made by a crisis Team Member or an individual from the mental health, medical or psychiatric staff. Additional contacts shall be made as frequently as determined necessary by a mental health professional or medical staff.

(c) A check of the youth's vital signs shall be taken by the health care staff within 24 hours of placement on Close Supervision.

NOTE: Contacts in (b) and (c) above shall include an assessment of a

Case: 1:12-cv-07289 Document #: 80-2 Filed: 07/07/14 Page 6 of 10 PageID #:921
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

DRAFT

Page

6 of 10

Number

04.04.102

youth's response to treatment and current mental health status. This shall be documented in the medical record and may additionally be noted in the crisis record.

(3) The youth shall remain in close supervision until transferred to a mental health treatment setting or until the crisis is resolved as determined by the Crisis Team Leader or any other involved mental health professional. If release from close supervision is authorized via the telephone, a follow-up evaluation by a mental health professional shall be conducted within 72 hours.

d.

Suicide Watch Placement

(1) A youth who is determined by a mental health professional to be acutely suicidal or who poses a threat of serious physical harm to self or others may be placed on suicide watch. Strip celling may be authorized. A physician may make this determination if a mental health professional is not available. Determinations shall be made after the psychiatrist, physician, or mental health professional has personally observed and examined the youth. Clinical reasons for such placement shall be documented.

(2) In the absence of a psychiatrist, physician, or other mental health professional, suicide watch may be temporarily initiated in an emergency upon the recommendation of the Crisis Team Member and with the approval of the Chief Administrative Officer or Duty Administrative Officer. Strip celling may be authorized. If approval is given verbally, the Crisis Team Member shall ensure that Medical Staff document this approval in the medical record and may additionally note it in the crisis record.

(a) A medical or mental health professional order for suicide watch placement or strip celling must be obtained within two hours. This order must clearly specify the clinical reason for the order.

(b) Verbal orders must be confirmed in writing in the medical record within 72 hours by the ordering physician or mental health professional or, if unavailable, by another mental health professional. Verbal orders reviewed by another mental health professional must be confirmed in writing by the ordering physician or mental health professional on the next scheduled working day.

(3) A youth's personal property, particularly the clothing, shall be returned as soon as practical, consistent with the mental health professional's assessment of the inmate's mental health status. Orders for return of property or clothing may be given verbally by a mental health professional in consultation with on-site health care staff or a Crisis Team Member.

(4) Monitoring of youth who are placed in suicide watch shall be documented in writing and shall include the following:

Case: 1:12-cv-07289 Document #: 80-2 Filed: 07/07/14 Page 7 of 10 PageID #:922
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

DRAFT

Page

7 of 10

Number

04.04.102

(a) Checks by staff at least every 10 minutes which shall include verbal or visual contact with the youth. It is recommended that these checks include a notation on the youth's behavior or speech.

(b) Daily assessments of a youth's mental health status conducted by a mental health professional. On weekends and holidays, the mental health professional may consult by telephone with on-site health care staff or a Crisis Team Member. Additional contacts shall be made as frequently as determined necessary by a mental health professional or medical staff.

(c) A check of the youth's vital signs shall be taken by health care staff within 24 hours of placement on Suicide Watch.

NOTE: Contacts in (b) and (c) above shall include an assessment of the youth's response to treatment and current mental health status. This shall be documented in the medical record and may additionally be noted in the crisis record.

(5) The youth shall remain on suicide watch until the youth is transferred to a mental health treatment setting, community health care facility, or until a mental health professional determines that the crisis has been resolved or that the youth can be placed in a less restrictive crisis care status.

(6) A youth shall be placed in close supervision status for at least 24 hours after the suicide watch status has been terminated unless the psychiatrist, physician, or other mental health professional documents that such observation is not clinically indicated.

e.

Emergency Mental Health Services Records

(1) Upon placement in observation, close supervision, or suicide watch, a treatment plan for emergency services to be rendered to the youth shall be developed. Upon termination of the emergency, the plan, including a notation of the termination and planned follow-up, shall be placed in the youth's medical and master files.

(2) An individualized record or records shall be kept to document security checks, medical checks, treatment visits and other care provided to youth while they are on observation, close supervision, or suicide watch status. These records shall be reviewed regularly by the facility medical director to ensure compliance with this Administrative Directive. A copy of these records shall be placed in the youth's medical file.

NOTE: Logs and forms used to document staff observation times will not have pre-printed check times printed on them. Staff making observations on youth on crisis watches shall record the actual time observations are conducted.

Case: 1:12-cv-07289 Document #: 80-2 Filed: 07/07/14 Page 8 of 10 PageID #:923
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

DRAFT

Page

8 of 10

Number

04.04.102

4.

Admission to Psychiatric Hospitals

a.

A youth diagnosed with an acute mental illness who has shown little or no

progress in response to mental health treatment, psychiatric treatment, and

psychopharmacological services shall be assessed for admission to a community

psychiatric hospital if:

(1) He or she is reasonably expected to inflict serious physical harm upon self or others in the near future;

(2) Due to his or her severe mental illness, he or she is unable to provide for his or her basic physical needs so as to guard himself or herself from serious harm; or

(3) He or she has been found unfit to stand trial and requires placement in a psychiatric hospital in order to attain fitness to stand trial.

NOTE: The analysis of the youth’s progress in response to treatment, for purposes of part F 4 (a) above, shall be whether the youth has shown some level of improvement within the timeframe reasonably expected based upon the individual youth’s diagnosis and prescribed treatment or psychotropic medications, but in no event longer than 72 hours. If a youth with an acute mental illness has shown no response to treatment or prescribed medications after 72 hours, analysis of factors set forth in F (4)(a) (1)-(3) above shall occur.

b.

If a mental health professional believes that a youth meets the criteria for

community psychiatric hospitalization in paragraph 4.a., he or she shall

immediately inform the Treatment Unit Administrator (TUA) or his or her designee

who will immediately contact the Chief Administrative Officer and the Chief of

Mental Health, who will notify the Deputy Director of Programs.

c.

If, after consulting with the TUA, the Chief of Mental Health determines

hospitalization is the best course of action, the TUA or his or her designee shall:

(1) Notify the youth’s parent or guardian (if the youth is under the age of 18), ask if the youth is covered by private insurance, and tell the parent or guardian what hospital the youth will be transported to, if known.

(2) Contact Crisis and Referral Entry Services (CARES), request an evaluation from Screening, Assessment, and Support Services (SASS), get the name of the assessor who will be coming to the youth center to make the assessment, and prepare a visitor pass for the assessor.

Note: A SASS assessor will in most cases meet the youth and the TUA at the youth center within 2 hours. In the event of a medical emergency, the TUA will inform CARES that the evaluation shall take place at the hospital. The youth will then be transported by ambulance to the hospital along with a Juvenile Justice Specialist and a mental health professional, in accordance with Administrative Directive 05.03.124.

d.

If the SASS assessor determines that hospitalization is not required, the youth

Case: 1:12-cv-07289 Document #: 80-2 Filed: 07/07/14 Page 9 of 10 PageID #:924
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

DRAFT

Page

9 of 10

Number

04.04.102

shall remain in crisis status.

e.

If the assessor recommends hospitalization the assessor will designate which

hospital the youth should be transported to. The TUA or his or her designee shall

notify the following of the assessors’ determination:

(1) The Chief Administrative Officer;

(2) The Records Office;

(3) The Chief of Mental Health, who will notify the Deputy Director of Programs; and

(4) The youth’s parent or guardian (if the youth is under the age of 18), and

h.

The youth shall be transported to the hospital in accordance with Administrative

Directive 05.03.124. Additionally, a mental health professional shall be

transported with the youth, along with 3 days of clothing, a crisis log,

documentation from Health Care and Records Office, and a black box, if needed.

i.

For youth who are age 18 and over, the hospital may determine that he or she will

require transfer to a Department of Human Services (DHS) facility. If a youth is

transferred to a DHS facility, the TUA shall inform the Chief of Mental Health.

j.

Prior to return from the psychiatric hospital, the Treatment Unit Administrator shall

ensure that the hospital has provided a discharge plan which should include

discharge diagnosis, level of stability, and current medications. If a discharge plan

has not been provided, staff shall document the efforts they made to obtain one

and the reason it was not provided.

k.

Upon return from the psychiatric hospital, the youth shall be assessed by a Mental

Health Professional to determine if, based on the youth’s current mental status,

continued crisis placement is needed.

l.

Within three days of a youth’s return from a psychiatric hospital, the Health Care

Unit Administrator shall submit a request for medical and mental health records to

the hospital. These records shall be placed in the youth’s medical file. If the

records are received after the youth has been transferred to another youth center,

the Health Care Unit Administrator shall forward the records to the Health Care

Unit Administrator at the youths current assigned youth center.

Authorized by:

Supersedes:

Candice Jones DIRECTOR

Case: 1:12-cv-07289 Document #: 80-2 Filed: 07/07/14 Page 10 of 10 PageID #:925
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

DRAFT

Page

10 of 10

Number

04.04.102

04.04.102A-J

AD 06/01/95 (Amended 6/1/95)

Case: 1:12-cv-07289 Document #: 80-3 Filed: 07/07/14 Page 1 of 6 PageID #:926

Illinois
Department of
Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Number Page

04.04.100 1 of 6

Effective

NEW

Section

04

Programs and Services

Subsection

04

Mental Health

Subject

100

General Provisions

I.

POLICY

A.

Authority

730 ILCS 5/3-2.5-20

20 Ill. Adm. Code 2415

B.

Policy Statement

The Department of Juvenile Justice shall ensure youth have access to adequate mental health services.

II.

PROCEDURE

A.

Purpose

The purpose of this directive is to establish guidelines for staff with regard to the availability and rendering of mental health services.

B.

Applicability

This directive is applicable to all youth centers within the Department.

C.

Facility Reviews

A facility review of this directive shall be conducted at least semi-annually.

D.

Designees

Individuals specified in this directive may delegate stated responsibilities to another person or persons unless otherwise directed.

E.

Definitions

The following definition shall apply to all Mental Health directives unless otherwise defined:

Crisis - an episode or situation in which emergency services are indicated due to evidence that a youth may be at risk for mental health distress, self-harm ideation or behavior, suicide ideation or behavior, harm to others, and other dysfunctional signs or symptoms. Allegations of sexual abuse shall be treated as a crisis. The youth’s crisis may be an identifiable event such as family illness or death, denial of parole or placement, bad news, and or conflicts with others etc. The youth’s crisis may also include a noticeable change in presentation or behavior such as crying, agitation, poor appetite or sleep, refusal of program or activities, paranoia, hallucinations, aggression, and/or impulsivity etc.

Case: 1:12-cv-07289 Document #: 80-3 Filed: 07/07/14 Page 2 of 6 PageID #:927 Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

(New) DRAFT

Page

2 of 6

Number

04.04.100

Crisis Care Area - an area used for the placement of a youth exhibiting behavior suggestive of acute mental or emotional disorder or suicide potential.

Developmental Disability - a disability attributable to a mental or physical impairment, manifested before age 22 years, likely to continue indefinitely, and requires specific and lifelong or extended care. The developmental disability results in substantial limitation in three or more specific areas of adaptive functioning such as self-care, self-direction, communication, or safety.

Mental health professional - means psychiatrist, physician, psychiatric nurse, clinically trained psychologist, or an individual who has clinical training and a master's degree in social work or psychology. Individuals with clinical training and a similar master's degree in the human service field, such as counseling, may also be considered a mental health professional if he or she is approved by the State of Illinois to provide mental health service.

Physician - an individual who is licensed by the State of Illinois to practice medicine in all of its branches.
Psychiatrist - a physician who is Board eligible or Board certified in the practice of psychiatry.
Psychiatric Nurse - an individual who has a Master's Degree in psychiatric nursing or who has a Bachelor's Degree in nursing and three years of clinical psychiatric nursing experience.
Special treatment unit - a Department youth center or unit that specializes in mental health care.

Youth data system of record– the mainframe software application for managing youth information currently used by the Department, including Juvenile Tracking System (JTS), Youth 360, and/or any other system designated by the Director of the Department.

F.

General Provisions

1.

Mental Health Services

a.

Youth who are determined to have chronic mental illness or situational stress, shall

have access to the following services as recommended by a mental health

professional:

(1) Diagnostic evaluation by mental health staff;

(2) Mental health treatment in accordance with the mental health assessment;

(3) Regular and more frequent monitoring as needed by Youth and Family Specialists where mental health treatment is not indicated;

(4) Monitoring of the youth’s mental health status on a regular basis by mental health professionals until it is determined that continued services are no longer needed;

(5) Participation in available programs, in accordance with identified needs, including specialized leisure time services, special educational services, or other such programs; or

(6) Transfer to an IYC special treatment unit.

Case: 1:12-cv-07289 Document #: 80-3 Filed: 07/07/14 Page 3 of 6 PageID #:928 Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

(New) DRAFT

Page

3 of 6

Number

04.04.100

b.

Youth who are identified as being developmentally disabled shall be evaluated and

assessed by mental health staff. Services for the developmentally disabled may

include:

(1) Transfer to an IYC special treatment unit;

(2) Referral to resources congruent with assessed needs;

(3) Monitoring of behavior and adaptation to a youth center;

(4) Designing of programs to meet special needs in accordance with assessment;

(5) Special education services; or

(6) Review of the youth's vulnerability, and communication of those needs to appropriate youth center staff.

2.

Training

a.

All youth center employees shall receive a minimum of one hour of pre-service

training on identification of mental health issues, the procedures for referring youth

to Mental Health Services, and the procedures for reporting disturbed behavior to

the Crisis Intervention Team. Training shall be reviewed annually during cycle

training. The training curricula shall be developed by the Chief of Mental Health

Services and approved by the Office of Staff Development and Training. .

b.

Health care and youth and family specialist routinely responsible for processing

and orientation youths shall receive at least one hour of training annually by a

mental health professional on:

(1) Behavior indicative of mental or emotional disturbance, developmental disability, and chemical dependency;

(2) Key medical and master file data to be reviewed on received youth,

(3) The criteria and process to be used in referring youth for evaluation by a mental health professional; and

(4) Confidentiality of mental health information.

c.

In addition to the sexual abuse and harassment prevention and intervention

training required by Administrative Directive 04.01.301, mental health and medical

professionals who work regularly in youth centers shall be trained in:

(1) How to detect and assess signs of sexual abuse and sexual harassment;

(2) How to preserve physical evidence of sexual abuse;

(3) How to respond effectively and professionally to juvenile victims of sexual abuse and sexual harassment; and

(4) How to and whom to report allegations or suspicions of sexual abuse and sexual harassment.

Case: 1:12-cv-07289 Document #: 80-3 Filed: 07/07/14 Page 4 of 6 PageID #:929 Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

(New) DRAFT

Page

4 of 6

Number

04.04.100

3.

Removal from General Population

Youth placed in a confinement unit, crisis care area, or who are otherwise removed from the general population:

a.

May only be isolated from others as a last resort when less restrictive measures

are inadequate to keep them and other youth safe, and then only until an

alternative means of keeping all youth safe can be arranged.

b.

Shall receive daily visits from a medical staff member and a mental health

professional, shall not be denied daily large-muscle exercise or any legally

required educational programming or special education services, and shall have

access to other programs and work opportunities to the extent possible.

c.

The Chief of Mental Health, Deputy Director of Operations, and Deputy Director of

Programs shall be notified whenever a youth has remained in a confinement unit,

crisis care area, or has otherwise removed from the general population for more

than 3 days.

4.

Mental Health Services Forms and Records

a.

All mental health services provided to a youth shall be documented in writing.

(1) In youth centers, reception and classification intake screenings conducted by mental health professionals shall be documented on the Youth Clinical Mental Health Evaluation, DJJ 0283. All subsequent evaluations shall be documented on a Mental Health Diagnostic and Treatment Note.

(2) Evaluations required to be documented in a formal report shall include, when appropriate, routine Reception and Classification Unit screenings, routine mental health referrals, Guilty But Mentally Ill (GBMI) evaluations, medication re-evaluations, psychological reports, psychosexual evaluations, and evaluations of youth in crisis that result in a formal report. Brief evaluations of youth in crisis or re-evaluations of medication that are recorded in the progress notes of the Medical Record need not be recorded on the formal evaluation.

b.

All mental health records shall be filed in the youth's medical file. Evaluations

conducted by a Reception and Classification Center or by an assigned youth

center for the purpose of classification or placement shall be filed in the youth's

medical file and a copy shall be sent to the transfer coordinator's office as part of

the transfer packet.

5.

Inspections of Living Units

a.

A mental health professional shall inspect and evaluate conditions of the

orientation, disciplinary, and crisis care areas, and at least once per month.

Special attention shall be given to procedures, environmental conditions, or

unusual events that may significantly affect the level of youth or staff stress in the

unit. Where indicated, the mental health professional shall also evaluate the

response of specific youth to the confinement and restrictions imposed by the

environment.

Case: 1:12-cv-07289 Document #: 80-3 Filed: 07/07/14 Page 5 of 6 PageID #:930 Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

(New) DRAFT

Page

5 of 6

Number

04.04.100

b.

General population housing areas shall be inspected by a mental health

professional quarterly or as determined necessary by the Chief Administrative

Officer. A record of when such inspections have occurred shall be maintained for

each mental health professional.

c.

Any problems that are identified by a mental health professional when conducting

these inspections shall be documented in writing and forwarded to the Chief

Administrative Officer and the Chief of Mental Health Services.

6.

Suicide Prevention

a.

Each youth center shall implement a Suicide Prevention Committee. The

committee shall meet monthly, and the minutes of the meeting shall be forwarded

to the Department of Juvenile Justice central office. The committee shall be

comprised of:

(1) The Superintendent or Assistant Superintendent;

(2) A mental health professional; and

(3) Other members as designated by the Superintendent.

b.

Each youth center shall conduct a suicide drill at least monthly. The results of

these drills will be discussed by the Suicide Prevention Committee.

7.

Consent to Mental Health Treatment

a.

All mental health services shall be provided on a voluntary basis, unless it is

determined that a youth is suicidal or poses a serious threat to self or others in the

near future unless treatment is provided. Emergency mental health services shall

be provided in accordance with Administrative Directive 04.04.102.

b.

At the time mental health services are offered, limits of confidentiality, including

duty to warn, shall be discussed with the youth.

8.

Informed Consent to Psychotropic Medication

a.

Psychotropic medication shall only be administered after the youth, or parent or

guardian of a youth under 18 years of age, has provided his or her informed

consent or in accordance with Department Rule 2415.70.

b.

The Health Care Unit Administrator shall maintain updated and medically accurate

medication information sheets on all psychotropic medications. These information

sheets shall contain comprehensive information on:

(1) The more common and less common side effects of the medication;

(2) How the medication is administered and monitored;

(3) What symptoms the medication is used to treat; and

(4) Alternative medications that treat the same symptoms and the side effects of those medications.

c.

Informed consent is obtained when:

Case: 1:12-cv-07289 Document #: 80-3 Filed: 07/07/14 Page 6 of 6 PageID #:931 Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

(New) DRAFT

Page

6 of 6

Number

04.04.100

(1) The prescribing psychiatrist or nurse has explained the youth’s diagnosis and potential ramifications of not using any medication, and reviewed all the information contained in the medication information sheet with:

(i)

The youth, if the youth is 18 years of age or older; or

(ii)

The youth and the youth’s parent or guardian, if the youth is under

the age of 18; and

(2) The youth or parent or guardian, as applicable, has executed the Medication Consent Form, DJJ XXXX.

Note: A parent’s or guardian’s consent may be obtained verbally over the phone after the contents of the medication information sheet have been thoroughly explained, however, if consent is given verbally, subsequent reasonable efforts should be made to obtain a parent guardian signature on the DJJ XXXX.

d.

When the prescribing psychiatrist has determined that administering psychotropic

medication is in the medical interest of a youth under 18 years of age, the youth

center nurse shall:

(1) Attempt to contact the youth’s parent or guardian to obtain informed consent, and

(2) Mail the medication information sheet and DJJ XXXX to the youth’s parent or guardian.

e.

If the nurse is unable to get in contact to the youth’s parent or guardian, follow up

phone calls or other attempts to contact the parent or guardian shall be made

weekly, until and unless, a psychiatrist or physician orders the administration of the

medication pursuant to Department Rule 2415.70.

Authorized by:

Candice Jones Director

Case: 1:12-cv-07289 Document #: 80-4 Filed: 07/07/14 Page 1 of 1 PageID #:932
ILLINOIS DEPARTMENT OF JUVENILE JUSTICE
Medication Consent Center

Date:

/

/

a.m.

Time:

p.m.

Patient Information:
Last Name

First Name

ID#:
MI

I authorize the administration of

medication

to
Myself or Name of Patient

state the diagnosis and behaviors the medication is targeting

for the treatment of the following:

to be prescribed and monitored by Dr. as his or her assistants.

Name of Psychiatrist/Physician

or whomever he or she may designate

The attached medication information sheet, the more common and less common side effects of this medication, as well as

the potential ramifications of not using medication and alternative medications used to treat the same symptoms have been

explained to me in detail by

.

Name of Psychiatrist/Physician/Nurse

I acknowledge that no guarantee or assurance has been made as to the results that may be obtained.

I have been informed if this medication is off label or FDA approved for this diagnosis.

I certify that I have read and fully understand the above Consent to Treatment, that the EXPLANATIONS therein referred to were

made, and that all blanks or statements requiring insertion or completion were filled in.

Print Name of Patient
When patient is a Minor or Incompetent to give consent:

Signature of Patient

Print Name of Person Authorized to Consent

Signature of Person Authorized to Consent

/ /
Date
/ /
Date

Print Name of Witness

Signature of Witness

When consent from the person authorized to consent was obtained verbally:

/

/

Date

I
Print Name of Witness

spoke to

Print Name of Person Authorized to Consent

reviewed the required information, and have mailed the information to

Distribution: Patient’s Medical Record

Printed on Recycled Paper

at

,

phone number

.
address

DJJ XXXX (Eff. DRAFT)

Illinois Case: 1:12-cv-07289 Document #: 80-5 Filed: 07/07/14 Page 1 of 3 PageID #:933

ADMINISTRATIVE

Number

04.01.303



DIRECTIVE

Page

1 of 3

Juvenile Justice

Effective

6/1/2014

Section

04

Programs and Services

Subsection

01

General Provisions

Subject

303

Lesbian, Gay, Bisexual, Transgender and Questioning (LGBTQ) Youth

I. POLICY

A.

Authority

730 ILCS 5/3-2.5-20

B.

Policy Statement

The Department shall maintain and promote an environment that provides physical and emotional safety, and effective and culturally competent services and programming, to all youth regardless of their actual or perceived sexual orientation, gender identity, and/or gender expression.

II.

PROCEDURE

A.

Applicability:

This directive applies to all youth centers and program sites of the Department.

B.

Facility Reviews

A facility review of this directive shall be conducted at least annually.

C.

Designees

Individuals specified in this directive may delegate stated responsibilities to another person or persons unless otherwise directed.

D.

Definitions

Bisexual - a youth who is attracted either emotionally, physically, or romantically to both males and females.

Employee - all persons who provide personal services or delivery of services, including Department employees and contractual employees. This also includes interns who provide services to the Department in connection with an educational program, whether paid or unpaid.

Gay - a male youth who is attracted emotionally, physically or romantically to other males.

Gender expression - the way a youth presents gender (typically, masculine or feminine) through clothing, appearance, behavior, speech, etc. Gender expression is a concept that is distinct from gender identity and sexual orientation. For example, a male may present in an effeminate manner and identify as a heterosexual male.

Gender identity - a person’s internal sense or experience of belonging to a particular gender category as a male or a female, and where a youth feels he or she fits in society’s male/female structure. Gender identity is a concept that is distinct from sexual orientation. For example, a transgender girl (born biologically male but self-identifies as a girl) may identify as heterosexual, meaning that she is attracted to boys.

Lesbian - a female youth who is attracted emotionally, physically, or romantically to other females.

Case: 1:12-cv-07289 Document #: 80-5 Filed: 07/07/14 Page 2 of 3 PageID #:934 Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE


Effective

6/1/2014

Page

2 of 3

Number

04.01.303

LGBTQ youth - youth who self-identify as or are perceived by others as lesbian, gay, bisexual, transgender, or questioning their sexual orientation or gender identity. LGBTQ shall also refer to youth whose gender expression does not conform to the traits typically associated with male/masculine or female/feminine.

Questioning - a youth, often an adolescent, who is exploring or questioning issues of sexual orientation, gender identity or gender expression in his or her life. Some questioning youth may ultimately identify as lesbian, gay, bisexual and/or transgender; others may not.

Sexual orientation - a youth’s emotional, physical, or romantic attractions to others.

Transgender - a person whose gender identity (i.e., internal sense of feeling male or female) is different from the person’s assigned sex at birth.

Volunteer - a person who is at least 18 years of age and who individually or through an organization will give the time to provide a service for the Department in the performance of an approved function or activity.

E.

General Provisions

1.

All employees and volunteers shall protect youth from discrimination and harassment by other

youth and other employees and volunteers regardless of sexual orientation, gender identity or

gender expression. Employees and volunteers shall respond to incidents or reports of

discrimination or harassment of LGBTQ youth as provided in Administrative Directive

04.01.304.

2.

Department employees and volunteers are expected to model positive behavior when

interacting with LGBTQ youth and remind all youth that anti-LGBTQ threats of violence, actual

violence or disrespectful language or suggestive comments or gestures will not be tolerated.

3.

Youth center libraries shall make available LGBTQ affirming books, magazines, movies and

other materials when possible. All youth shall be made aware of these resources and have

access to them when requested.

4.

During reception and classification, employees shall verbally inform youth of this policy.

F.

Requirements

1.

Training

a.

All employees who have direct contact with youth shall be trained on the provisions of

this Administrative Directive as part of their annual cycle training. This training shall

be developed by a qualified trainer with experience working with LGBTQ youth and

shall include working with LGBTQ youth in a positive and respectful manner,

supporting positive adolescent development including modeling desired behavior,

demonstrating respect for all colleagues and youth, reinforcing respect for differences,

encouraging healthy self-esteem, and helping to manage the stigma sometimes

associated with difference.

b.

Volunteers shall receive training on the provisions in this Administrative Directive as

part of volunteer orientation.









Case: 1:12-cv-07289 Document #: 80-5 Filed: 07/07/14 Page 3 of 3 PageID #:935 Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

2.

Effective

6/1/2014

Page

Equal Treatment of LGBTQ Youth

3 of 3

Number

04.01.303

a. Employees and volunteers shall treat all youth fairly and equally, without bias and in a professional and confidential manner, regardless of sexual orientation, gender identity or gender expression.

b. Employees and volunteers shall provide LGBTQ youth with access to educational, rehabilitative, recreational and other programming on the same basis as other youth. Youth shall not be denied access to programming because of actual or perceived sexual orientation, gender identity or gender expression.

c.

Employees and volunteers shall use respectful language and terminology that does

not stereotype LGBTQ people. In particular, employees and volunteers shall not

imply or tell youth that their gender expression, identity, or sexual orientation are

abnormal, deviant or sinful or that they can or should change their sexual orientation

and/or gender identity.

d. Clothing and grooming rules and restrictions including rules regarding hair, make-up, nails, shaving, etc. shall be applied consistently within each youth center without discrimination toward LGBTQ youth.

(1) Youth shall not be required to have a male or female haircut or to maintain a masculine or feminine hairstyle.

(2) A youth shall not be prevented from, or given consequences for, presenting himself or herself in a manner that does not match gender norms unless it is in direct violation of department rules.

3.

Youth Disclosure and Privacy

a.

If a youth discloses his or her sexual orientation or gender identity, employees and

volunteers should converse with the youth in a non-judgemental manner and provide

the youth an opportunity to discuss his or her concerns with a Mental Health

Professional.

b.

Employees and volunteers shall not disclose a youth’s sexual orientation or gender

identity to other youth at the youth center or to outside individuals or agencies, such

as a youth’s family and friends or healthcare or social service providers, without the

youth’s permission.

c.

These confidentiality restrictions do not prevent employees from discussing a youth’s

needs or services with other employees.

d.

Volunteers shall discuss youth disclosures of sexual orientation or gender identity with

their immediate supervisor in all cases.

Authorized by:

[Original Authorized Copy on File] Candice Jones Director










Case: 1:12-cv-07289 Document #: 80-6 Filed: 07/07/14 Page 1 of 6 PageID #:936

Illinois
Department of
Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Number Page
Effective

04.03.104 1 of 6 DRAFT

Section

04

Programs and Services

Subsection

03

Medical and Health Care

Subject

104

Evaluations of Youth with Gender Dysphoria

I.

POLICY

A.

Authority

730 ILCS 5/3-2.5-20, 5/3-7-2, 5/3-8-2, and 5/3-10-2

Prison Rape Elimination Act National Standards – Juvenile, 28 C.F.R. § 115.342

B.

Policy Statement

The Department shall:

1.

Provide appropriate accommodations and treatment for all youth who are identified as

having gender identity issues, or who are diagnosed by the Department as having gender

dysphoria; and

2.

Extensively evaluate youth at a Reception and Classification Center to ensure appropriate

facility placement.

II.

PROCEDURE

A.

Purpose

The purpose of this directive is to establish a written procedure for conducting medical and mental health examinations of youth with gender dysphoria and to address adjustment to the youth center environment as it relates to the condition.

B.

Applicability

This directive is applicable to youth centers within the Department.

C.

Facility Reviews

A facility review of this directive shall be conducted at least annually.

D.

Designees

Individuals specified in this directive may delegate stated responsibilities to another person or persons unless otherwise directed.

E.

Definitions

Case: 1:12-cv-07289 Document #: 80-6 Filed: 07/07/14 Page 2 of 6 PageID #:937 Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

DRAFT

Page

2 of 6

Number

04.03.104

Gender identity – a person’s internal sense of being male or female regardless of anatomical genitalia at birth or sexual orientation. Gender identity is a result of genetics and environmental influences and may be manifested by appearance, behavior or other aspects of the individual’s lifestyle.

Gender dysphoria – a marked incongruence between one’s experienced/expressed gender and assigned gender, of at least 6 months’ duration, as manifested by at least two of the following: a marked incongruence between one’s experienced/expressed gender and primary and/or secondary sex characteristics; a strong desire to be rid of one’s primary and/or secondary sex characteristics because of a marked incongruence with one’s experienced/expressed gender; a strong desire for the primary and/or secondary sex characteristics of the other gender; a strong desire to be of the other gender; a strong desire to be treated as the other gender; or a strong conviction that one has the typical feelings and reactions of the other gender.

NOTE: The youth may have had surgery to enhance appearance, undergone hormonal therapy, and frequently lived as a person of the opposite gender in the free community.

Sexual orientation - a pattern of sexual attraction to a specific gender or genders or lack of sexual attraction to a specific gender or genders.

NOTE: Sexual orientation and gender identity are distinct and separate concepts.

F.

General Provisions

1.

Youth who self-identify or are diagnosed as having gender dysphoria shall undergo a

detailed medical history, physical examination, and mental health examination within 24

hours of arrival at Reception and Classification (R&C). This information will then be shared

with the Health Care Unit Administrator who will contact the Facility Medical Director.

2.

The Department shall not perform or allow the performance of any surgery for the specific

purpose of gender change, except as determined by the Director after an individualized

consultation with the Agency Medical Director. Hormone therapy shall only be provided

after an individualized consultation with a mental health professional and approval of the

Agency Medical Director. Youth who may have gender dysphoria shall be informed of this

policy by the Facility Medical Director.

3.

Hormone therapy shall only be provided after consultation with a mental health

professional and approval of the Agency Medical Director.

G. Gender Dysphoria Committee (GDC)

1.

The Agency Medical Director shall establish and head a committee for the purpose of

reviewing placements, security concerns and overall health-related treatment plans of

youth with dysphoria; and to oversee the gender related accommodation needs of these

youth. At a minimum, the committee shall be comprised of the:

Case: 1:12-cv-07289 Document #: 80-6 Filed: 07/07/14 Page 3 of 6 PageID #:938 Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

DRAFT

Page

3 of 6

a.

Agency Medical Director (no designee);

Number

04.03.104

b.

Chief of Mental Health (no designee);

c.

R & C Administrator and/or Clinical Services Coordinator;

d.

Deputy Director of Programs;

e.

Deputy Director of Operations; and

f.

Youth and Family Services Supervisor.

H. Reception and Classification Requirements

1.

The Chief Administrative Officer in consultation with the Facility Medical Director shall

establish and maintain a written procedure for detailed medical and mental health

examinations to be conducted during the reception and classification process of any youth

who self-identifies or is diagnosed as having gender dysphoria. The procedure shall

provide for the following:

a. Medical History

(1) As part of the detailed medical history obtained from the youth by a physician, including information about any past illnesses and family medical history, the physician shall also elicit information about:

(a) Sexual activity, specifically, homosexual, heterosexual, or bisexual activity;

(b) Previous operative procedures; and

(c) Hormone therapy.

(2) The physician shall also ask the youth other questions that would:

(a) Illuminate the youth’s own sense of gender identity;

(b) Reveal any plans the youth may have with regard to future gender transition and/or cross-gender expression; and

(c) Reflect whether the youth has amended or plans to amend his or her state identification, driver’s license, or original birth certificate.

b. Physical Examination

Case: 1:12-cv-07289 Document #: 80-6 Filed: 07/07/14 Page 4 of 6 PageID #:939 Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective
(1)

DRAFT

Page

4 of 6

Number

04.03.104

As part of the detailed physical examination, the physician shall examine the genitalia and shall include a concise description of the present genitalia and any secondary sexual chariscteristics in the physician’s report

(2) If possible, the physician shall contact the physician who was managing the youth’s gender related treatment prior to placement in the custody of the Department for verification of the course of treatment and to obtain relevant medical records.

(3) The Facility Medical Director shall inform the youth of the Department's policy regarding gender reassignment surgery and hormone therapy

c.

Mental Health Examination

(1) As part of the mental health examination, a psychiatrist shall evaluate the youth using the DSM-V criteria to determine if he or she has gender dysphoria and determine:

(a) The youth’s competency;

(b) The youth’s sexual activity, sexual orientation and current gender identification;

(c) The regularity and history of hormone therapy; and

(d) The presence or absence of any counseling activities and goals prior to placement in the custody of the Department.

(2) A Sexual Abuse Risk Screening, DJJ 0429, shall be completed in accordance with Administrative Directive 04.01.301.

2.

Upon conclusion of the medical history and physical examination:

a.

The Health Care Unit Administrator shall notify the Agency Medical Director the

results of the history and physical examination including:

(1) Anatomical description;

(2) Preference for sexual partners; and

(3) History of any medical or surgical treatment received for the gender dysphoria, including hormone therapy or gender reassignment surgery.

b.

The Agency Medical Director shall document his or her preliminary

recommendations, including, but not limited to, housing, showering restrictions and

hormone therapy.

Case: 1:12-cv-07289 Document #: 80-6 Filed: 07/07/14 Page 5 of 6 PageID #:940 Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

DRAFT

Page

5 of 6

Number

04.03.104

c.

Upon receipt of the Agency Medical Director’s determination, the Facility Medical

Director shall:

(1) Document the recommendations of the Agency Medical Director in the progress notes of the medical record; and

(2) Notify the Health Care Unit Administrator and Mental Health Administrator of the preliminary recommendations of the Agency Medical Director.

3.

The Health Care Unit Administrator shall notify the Supervisor or Administrator of the R & C

of the determination of the youth’s gender-related needs.

4.

The Supervisor or Administrator of the R & C shall ensure the youth is housed in

accordance with the youth’s gender-related needs.

I.

Parent Youth Center Requirements

1.

Within 30 days of a youth who self-identifies or has been diagnosed with Gender Dysphoria

arriving at his or her assigned parent youth center:

a.

A mental health professional shall complete a social history interview and review

any relevant documentation regarding real-life experience the youth may have had

regarding his or her gender identity and expression. The history shall include, but

may not be limited to, the youth’s experiences in social situations such as

employment, efforts to legally change his or her name, hormone therapy and

gender reassignment surgery or procedures for preparation for surgery, and

experiences during any previous periods of time in which the youth was in the

custody of the Department, if applicable.

b.

The Gender Dysphoria Committee (GDC) shall review the case and make the final

recommendation for housing and any additional matters that may be of issue such

as, but not limited to, hormone therapy, clothing, showers, searches, etc. The

review and recommendations shall be documented on the Gender Dysphoria

Committee Recommendation, DJJ 0400.

c.

The GDC shall conduct follow-up reviews on an as needed basis.

Authorized by:

Candice Jones Director

Case: 1:12-cv-07289 Document #: 80-6 Filed: 07/07/14 Page 6 of 6 PageID #:941 Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

DRAFT

Page

Supersedes: 04.03.104

6 of 6

Number

04.03.104

AD

6/1/2014

Case: 1:12-cv-07289 Document #: 80-7 Filed: 07/07/14 Page 1 of 5 PageID #:942

Illinois
Department of
Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Section

04

Subsection

01

Subject

130

Programs and Services General Provisions Programs and Case Management

Number Page
Effective

04.01.130 1 of 5 DRAFT

I.

POLICY

A.

Authority

730 ILCS 5/3-10-2, 3-10-3 and 5/3-2.5-20

20 Ill. Adm. Code 2420 and 2503

Prison Rape Elimination Act National Standards – Juvenile, 28 C.F.R. §§ 115.341 and 115.342

B.

Policy Statement

The Department shall provide comprehensive case management services to all youth committed to youth centers. Staff shall make available a minimum of 12 hours of program services during each weekday, except State holidays, and four hours of program services during each weekend.

II.

PROCEDURES

A.

Purpose

The purpose of this directive is to establish a written procedure governing the responsibilities of staff for the provision and delivery of case management services to youth in accordance with statutes and departmental rules, and to ensure that housing, bed, program, education, and work assignments are made with the goal of keeping all youth safe and free from sexual abuse.

B.

Applicability

This directive is applicable to all youth centers within the Department.

C.

Facility Reviews

A facility review of this directive shall be conducted at least annually.

D.

Definitions

Intersex – a person who’s sexual or reproductive anatomy or chromosomal pattern does not seem to fit typical definitions of male or female.

Transgender – a person whose gender identity (i.e., internal sense of feeling male or female) is different from the person’s assigned sex at birth, and includes youth identified as having gender dysphoria pursuant to Administrative Directive 04.03.104.

Case: 1:12-cv-07289 Document #: 80-7 Filed: 07/07/14 Page 2 of 5 PageID #:943
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

E.

Designees

DRAFT

Page

2 of 5

Number

04.01.130

Individuals specified in this directive may delegate stated responsibilities to another person or persons unless otherwise directed.

F.

Requirements

The Chief Administrative Officer of each youth center shall establish and maintain written procedures to ensure, at a minimum, that the following case management functions are provided.

1.

Orientation

Orientation to the youth center and program for each youth shall be completed within 15 days from the date of arrival at the youth center. The youth shall be requested to sign documentation of the completed orientation.

2.

Establishment of Administrative Review Date

An Administrative Review Date shall be established for each delinquent within the first 60 days of the youth's incarceration within the Department in accordance with Administrative Directive 01.07.255.

3.

Assessment and Assignment Process

a.

A Program Assignment Committee shall initiate the assessment and assignment

process within ten working days after a youth is placed at a youth center and

shall complete the process within 30 days of admission to the youth center.

b.

The committee shall review the following material in the youth's master file prior

to making a recommendation for the youth's assignment:

(1) Academic or vocational records or both;

(2) Medical, psychiatric, and dental reports;

(3) Sexual Abuse Risk Screening(s), DJJ 0429 and Bunk Issues Form(s), DJJ 0428 completed pursuant to Administrative Directive 04.01.301;

(4) Dates of the youth's commitment, recommitment, parole revocation, and custody date, when appropriate;

(5) Committing and prior offenses;

(6) Any pending charges and related court dates; and

(7) Reports regarding:

(a) The youth's need for security and protection;

(b) Outside agency involvement;

Case: 1:12-cv-07289 Document #: 80-7 Filed: 07/07/14 Page 3 of 5 PageID #:944
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

DRAFT

Page

3 of 5

Number

04.01.130

(c) The youth's need for special work with family guardian relationship regarding his or her reintegration with the family or guardian; and

(d) Special peer related concerns.

c.

Minimally, the committee, whenever applicable, shall recommend:

(1) The youth be assigned to a particular living unit or special program unit.

(2) A youth and family specialist be assigned for the youth.

(3) The youth be assigned to a general academic or vocational program (such as work and school) or to a special program.

(4) A written program plan that may include, but is not limited to, the academic or vocational program, employment training, treatment care, behavioral goals, and custody appropriate for the youth. The plan shall:

(a) Identify institutional programming responses to youth program needs as identified by the referring reception unit program assessment report.

(b) For those youth in a regular program, provide for a minimum of 30 hours of programming during the normal work week and four hours of programming on weekends. This program may include structured and unstructured activities provided by staff or volunteers, such as: leisure time, crafts, institution sponsored clubs and organizations, academic or vocational programs, counseling, work, religion, on or off grounds cultural and social events, organized athletic activities, and specialized activities for youth.

d.

Assignments of lesbian, gay, bisexual, transgender, and intersex youth, shall

meet the following additional requirements:

(1) Lesbian, gay, bisexual, transgender, or intersex youth shall not be placed in particular housing, bed, or other assignments solely on the basis of such identification or status.

(2) In making housing and programming assignments for a transgender or intersex youth, including whether to assign the youth to a facility for male or female residents, the committee shall include input from a mental health professional and consider on a cases-by-case basis whether a placement would ensure a youth’s health and safety, and whether the placement would present management or security problems.

i. A transgender or intersex youth’s own views on his or her own safety shall be given serious consideration.

ii. Transgender and intersex youth shall be given the opportunity to

Case: 1:12-cv-07289 Document #: 80-7 Filed: 07/07/14 Page 4 of 5 PageID #:945
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

DRAFT

Page

4 of 5

Number

04.01.130

shower separately from other residents. This opportunity shall be provided discretely to avoid singling out the transgender or intersex youth in front of the other youths.

e.

The written program plan shall be reviewed and approved by the Chief

Administrative Officer or the Assistant Chief Administrative Officer (no designee)

and a copy shall be filed in the youth's master file.

f.

The youth and family specialist shall:

(1) Review the approved program plan with the youth and document such review; and

(2) Inform the youth how he or she may request a change in his or her program and that if a request is made and denied, the youth shall be given the basis for the denial in writing and a copy of the denial shall be placed in the youth's master file.

4.

Review of Program Plan

a.

At least once per calendar month, a documented case file review of a delinquent

youth's progress in relation to the objectives detailed in his or her program plan

shall be completed.

b.

For transgender or intersex youth, at least twice per year, such documented case

file reviews shall include a review of any threats to safety experienced by the

youth and the youth’s current housing and programming assignments.

c.

The Chief Administrative Officer shall identify the committee members who shall

be responsible for reviewing the youth's program plan. Youth who will require

alternate placement will need close coordination between the youth center and

aftercare.

d.

The chairperson shall facilitate and moderate the staffing and shall ensure:

(1) Input is obtained from staff concerning the youth's progress or problems since the initial program review or the last progress review.

(2) Current youth performance is compared to stipulations in the written program plan.

(3) New youth program goals are negotiated or identified and the program plan is modified where appropriate.

(4) Requests for authorized absences are recommended, reviewed, and submitted to the Program Assignment Committee for processing.

(5) Recommendations for awarding sentencing credit are made to the Chief Administrative Officer, where appropriate.

(6) Recommendations for revising the projected Administrative Review Date

Case: 1:12-cv-07289 Document #: 80-7 Filed: 07/07/14 Page 5 of 5 PageID #:946
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

DRAFT

Page

5 of 5

Number

04.01.130

are made to the Chief Administrative Officer based on programming concerns, where appropriate.

(7) Youth Requests, DJJ 0286, are reviewed and submitted to the Program Assignment Committee.

e.

The documented review of a youth's program plan shall be filed in the master file.

5.

Review of Social Information

The youth's youth and family specialist shall review the documents relating to social information and initiate any indicated changes or corrections in the reception and classification documents, face sheet, or offense history.

6.

Youth and Youth and Family Specialist Contact

A youth and family specialist shall have weekly face to face contact with each youth. Such contact shall be documented in the cumulative counseling summary. The youth’s youth and family specialist will complete a new Sexual Abuse Risk Screening at least every 6 months and when there reason to believe the information previously obtained has changed.

Authorized by:

Supersedes: 04.01.130

Candice Jones Director
AD

12/1/2013

Case: 1:12-cv-07289 Document #: 80-8 Filed: 07/07/14 Page 1 of 3 PageID #:947

Illinois
Department of
Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Section

05

Subsection

01

Subject

302

Operations Security Prohibited Cross-Gender Searches

Number Page
Effective

05.01.302 1 of 3 Draft

I.

POLICY

A.

Authority

730 ILCS 5/3-2.5-20

20 Ill. Adm. Code 501C

Prison Rape Elimination Act National Standards – Juveniles, 28 C.F.R. §§ 115.313 and 115.315

B.

Policy Statement

Searches of youths and youths’ living areas shall be conducted in accordance with Department Rules, Administrative Directives and policies established by the Chief Administrative Officer.

II.

PROCEDURE

A.

Purpose

The purpose of this directive is to establish written procedures that limit cross-gender searches in accordance with the Prison Rape Elimination Act National Standards.

B.

Applicability

This directive is applicable to all youth centers within the Department.

C.

Facility Review

A facility review of this directive shall be conducted at least annually.

D.

Designees

Individuals specified in this directive may delegate stated responsibilities to another person or persons unless otherwise directed.

E.

Definitions

Exigent circumstances – means any set of temporary and unforeseen circumstances that require immediate action in order to combat a threat to the security or institutional order of the youth center.

Pat–down search – means a running of the hands over the clothed body of a youth to determine

Case: 1:12-cv-07289 Document #: 80-8 Filed: 07/07/14 Page 2 of 3 PageID #:948
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

DRAFT

Page

2 of 3

Number

05.01.302

whether the youth possesses contraband.

Strip search – means the removal or arrangement of some or all of a person’s clothing so as to permit visual inspection of the body or undergarments of the youth to determine whether the youth possesses contraband.

Transgender – a person whose gender identity (i.e., internal sense of feeling male or female) is different from the person’s assigned sex at birth, and includes youth identified as having gender dysphoria pursuant to Administrative Directive 04.03.104.

Visual body cavity search – means a strip search that allows for visual inspection, but not physical entry, of the anal or vaginal body cavities.

Intrusive body cavity search – means a visual body cavity search that includes physical entry into a body cavity and may only be performed by medical personnel and pursuant to 20 Ill. Admin. Code 501.220.

F.

Requirements

1.

Searches of Youth

Each youth center shall implement policies, procedures, and a staffing plan that will ensure the following requirements for searches of youth observed:

a.

Pat-down searches shall be conducted in a manner in which only youth’s outer

garments such as coats, jackets, sweaters covering shirts, shoes, hats and gloves

may be removed in a manner that does not expose youth’s body or

undergarments. Pat-down searches shall be conducted by a staff member of the

same gender as the youth, except in exigent circumstances or as provided in Part

F.1.d. below.

b.

Strip searches shall be conducted in an area where the search cannot be

observed by persons not conducting the search. Strip searches shall be

conducted by a staff member of the same gender, except in exigent circumstances

or when performed by medical personnel or as provided in Part F.1.d. below.

c.

All cross-gender pat-down, strip, and body cavity searches shall be documented

and exigent circumstances explained.

d.

Transgender youth shall be allowed to choose the gender of the staff who will

conduct pat-down, strip, and body cavity searches. Pat-down and strip searches

will be conducted by the transgender youth’s staff gender preference, except in

exigent circumstances. Body cavity searches shall be conducted by the

transgender youth’s staff gender preference, except in exigent circumstances or

when performed by medical personnel. All searches that are not conducted by the

transgender youth’s staff gender preference shall be documented and exigent

circumstances explained.

e.

Exigent circumstances do not include routine searches of youth conducted

Case: 1:12-cv-07289 Document #: 80-8 Filed: 07/07/14 Page 3 of 3 PageID #:949
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

DRAFT

Page

3 of 3

Number

05.01.302

pursuant to Administrative Directive 05.01.113.

f.

Each youth center shall implement a staffing plan pursuant to Administrative

Directive 05.01.101 that ensures adequate same-gender staff is available to

conduct routine searches based on anticipated youth furloughs and searches

conducted pursuant to Administrative Directive 05.01.113.

g.

Staff shall not search or physically examine a transgender or intersex youth for the

sole purpose of determining the youth’s genital status.

2.

Training

All security personnel shall be trained in how to conduct cross-gender pat-down searches and searches of transgender and intersex residents, in a professional and respectful manner, and in the least intrusive manner possible, consistent with security needs.

3.

Youth Living Areas

a.

Each youth center shall implement policies, procedures, and a staffing plan that

enable youth to shower, perform bodily functions, and change clothing without

nonmedical staff of the opposite gender viewing their breasts, buttocks, or

genitalia, except in exigent circumstances or when such viewing is incidental to

routine searches of living area conducted pursuant to Administrative Directive

05.01.111.

b.

Each youth center shall require staff of the opposite gender to announce their

presence when entering an area of a youth housing unit where youth may be

viewed while showering, performing bodily functions, or changing clothes.

Authorized by:

Supersedes: 05.01.302

Candice Jones Director

AD

12/1/2013

Case: 1:12-cv-07289 Document #: 80-9 Filed: 07/07/14 Page 1 of 2 PageID #:950

2014-2015 School Year and ESY (Summer School)

X = Non-Attendance Day, H = State Employee Holiday, P = Parent/Teacher Conference, T = Teacher Institute

June 2014

July 2014

August 2014

Su M Tu W Th F Sa

Su M Tu W Th F Sa

Su M Tu W Th F Sa

XXXH5

12

6 7 8 9 10 11 12

3XXXXX9

13 14 15 16 17 18 19

10 11 12 13 14 15 16

20 21 22 23 24 25 26

17 18 19 20 21 22 23

27 28 29 30 31

24 25 26 27 28 29 30

31

2014 ESY: 7/7-8/5: 20 Attendance Days

Quarter 1: 8/11-10/17: 43 Attendance Days, 1 Teacher Institute Day, 2 Holidays, 4 Non-Attendance Days

September 2014

October 2014

November 2014

Su M Tu W Th F Sa

Su M Tu W Th F Sa

Su M Tu W Th F Sa

H2 3 4 5 6

1234

1

7 8 9 10 11 12 13

5 6 7 8 9 10 11

2 3H5 6 7 8

14 15 16 17 18 T 20

12 H X X X X 18

9 10 H 12 13 14 15

21 22 23 24 25 26 27

19 20 21 22 23 24 25

16 17 18 19 20 21 22

28 29 30

26 27 28 29 30 P

23 24 25 26 H H 29

30

Quarter 2: 10/20-1/2: 41 Attendance Days, 1 Teacher Institute Day, 1 Parent/Teacher Conference Day, 6 Holidays, 6 Non Attendance Days

December 2014

January 2015

February 2015

Su M Tu W Th F Sa

Su M Tu W Th F Sa

Su M Tu W Th F Sa

123456

HX 3

1234567

7 8 9 10 11 T 13

4 5 6 7 8 9 10

8 9 10 11 H X 14

14 15 16 17 18 19 20

11 12 13 14 15 16 17

15 H 17 18 19 20 21

21 22 23 X H X 27

18 H 20 21 22 23 24

22 23 24 25 26 27 28

28 X X X

25 26 27 28 29 30 31

Quarter 3: 1/5-3/20: 46 Attendance Days, 1 Teacher Institute Day, 3 Holidays, 5 Non-Attendance Days

March 2015

April 2015

Su M Tu W Th F Sa

Su M Tu W Th F Sa

1234567

12X4

8 9 10 11 12 13 14

5 6 7 8 9 10 11

15 T X X X X 21

12 13 14 15 16 17 18

22 23 24 25 26 27 28

19 20 21 22 23 P 25

29 30 31

26 27 28 29 30

May 2015

[4 2]

Su M Tu W Th F Sa

12

3456789

10 11 12 13 14 T 16

17 18 19 20 21 22 23

24 H 26 27 28 29 30

31

Quarter 4: 3/23-6/6: 46 Attendance Days, 1 Teacher Institute Day, 1 Parent/Teacher Conference Day, 1 Holiday, 1 Non Attendance Day, 5 Emergency Days

June 2015

July 2015

August 2015

Su M Tu W Th F Sa EEEEE6
7 X X X X X 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

Su M Tu W Th F Sa 1 XH 4
5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

Su M Tu W Th F Sa 1
2XXXXX8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

14-15 School year: 8/11/14-6/5/15: 176 Attendance Days, 4 Teacher Institute Days, 2 Parent/Teacher Conference Days

2015 ESY: 6/15-7/31: 33 Attendance Days, 1 Holiday, and 1 Non-Attendance Day
The 2014-2015 School Year Calendar Meets all minimum attendance requirements for ISBE. There is no minimum requirement for ESY, but this summer schedule is in line with public school districts. Assuming 6 hours (360 minutes) of class time four days per week, and 3 hours (180 minutes) one day per week, 1/2 day per each two full days of classes can be used for "School Improvement" activities, such as student conferences (staffings), Special Education and other paperwork maintenance, etc. (Citation 105 ILCS 5-18-8.05).

Case: 1:12-cv-07289 Document #: 80-9 Filed: 07/07/14 Page 2 of 2 PageID #:951
Illinois state employee holidays are highlighted with vertical lines.. Days during which teachers will be able to use benefit time without restriction are highlighted in green.
These days include: 2014: July: 1, 2, 3, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 21, 22, 23, 24, 25, 28, 29, 30, 31 August: 1, 4, 5, 6, 7, 8 September: 19 October: 14, 15, 16, 17, 31 November: none December: 12, 24, 26, 29, 30, 31 2015: January: 2 February: 13 March: 16, 17, 18, 19, 20 April: 3 May: 15 June: 8, 9, 10, 11, 12, 15, 16, 17, 18, 19, 22, 23, 24, 25, 26, 29, 30 July: 1, 2, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17, 20, 21, 22, 23, 24, 27, 28, 29, 30, 31 August: 3, 4, 5, 6, 7

 
 Case: 1:12-cv-07289 Document #: 84 Filed: 07/17/14 Page 1 of 4 PageID #:960

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

R.J. et al., Plaintiffs,
v. CANDICE JONES,
Defendant.

) ) ) ) ) Case No. 12-cv-7289 ) ) Hon. Matthew F. Kennelly ) )

SUPPLEMENTAL ORDER

For good cause shown, the Court orders, adjudges, decrees, and finds as follows:

PART I: GENERAL PROVISIONS

1. Prior proceedings.

(a) Complaint. On September 12, 2012, plaintiffs filed this civil rights class action pursuant to 42 U.S.C. §§ 1983 and 1988 and 28 U.S.C. § 2201 et seq. Plaintiffs are youths confined in secure facilities operated by the Illinois Department of Juvenile Justice (“DJJ”). Defendant is the DJJ Director. The complaint alleges that certain DJJ conditions, services, and treatment violate the Due Process Clause of the Fourteenth Amendment of the United States Constitution and the federal Individuals with Disabilities Education Act. Specifically, the complaint addresses DJJ mental health services, general and special education services, room confinement, safety, and commitment beyond release dates for lack of a community placement. The complaint seeks declaratory and injunctive relief. See Dkt. 1.

(b) Class certification. On September 26, 2012, this Court certified a plaintiff class consisting of all youths who now are, and/or in the future will be, confined by the DJJ, and of a sub-class consisting of class members with special education needs. See Dkt. 12-13, 17.

(c) Consent decree. On December 6, 2012, this Court entered and approved a consent decree and appointed three experts. See Dkt. 32-34. The consent decree required the court-appointed experts to investigate DJJ conditions and services, and then to file a report of their findings and recommendations. See Dkt. 33 at ¶¶ 6, 10-11. The courtappointed experts are Louis Kraus on mental health issues, Peter Leone on education issues, and Barry Krisberg on general juvenile justice issues. Id. at ¶ 7. Next, the consent decree required the parties, with expert input, to prepare and file either an agreed proposed remedial plan, or separate proposed remedial plans from each party.

Case: 1:12-cv-07289 Document #: 84 Filed: 07/17/14 Page 2 of 4 PageID #:961
Id. at ¶¶ 12-15. The consent decree then required this Court, subject to its review and approval, to enter the final remedial plan as a new order. Id. at ¶ 16.
(d) Expert reports. On September 23, 2013, the parties filed the reports of the courtappointed experts, including their findings and recommendations. See Dkt. 51.
(e) Remedial plan. On April 7, 2014, this Court entered and approved a remedial plan. See Dkt. 73. Among other things, it requires the establishment of certain staffing levels, and their adoption in a supplemental order.
2. PLRA findings and stipulations. The Court finds, based among other reasons on the reports of the court-appointed experts, and the parties stipulate that this supplemental order complies in all respects with the Prison Litigation Reform Act (“PLRA”), 18 U.S.C. § 3626(a). Specifically, the terms of this supplemental order are narrowly drawn; they extend no further than necessary to correct the violation of the federal rights of the plaintiffs, the plaintiff class, and the plaintiff sub-class; and they are the least restrictive means necessary to correct the violation. The court has given substantial weight to any adverse impact on public safety or the operation of a criminal justice system caused by the terms of this supplemental order.
PART II: STAFFING LEVELS
3. Staffing levels for non-teacher education staff. By deadlines specified below, DJJ shall achieve and maintain the following minimum staffing levels, subject to future modification based upon significant changes in population at the designated IYC facilities as set forth in (e) below :
(a) On or before March 7, 2015, a full-time Library Associate at each of four DJJ facilities (IYC Chicago, IYC Harrisburg, IYC Kewanee, and IYC St. Charles), and a half-time Library Associate at each of two DJJ facilities (IYC Pere Marquette and IYC Warrenville).
(b) On or before July 7, 2015, two full-time school counselors at each of three DJJ facilities (IYC Harrisburg, IYC Kewanee, and IYC St. Charles); one full-time school counselor at each of two DJJ facilities (IYC Chicago and IYC Warrenville); and a half-time school counselor at one DJJ facility (IYC Pere Marquette). As set forth in paragraph III(3)(a) of the remedial plan, the school counselors’ responsibilities shall include timely obtaining youths’ prior school records, assessing credits needed for graduation, and monitoring implementation and compliance with youths’ Individualized Education Plans.
(c) On or before March 7, 2015, a full-time Office Associate to provide clerical and administrative support for the school district staff at each of four DJJ facilities (IYC Chicago, IYC Harrisburg, IYC Kewanee, and IYC St. Charles), and a half-time Office Associate to provide clerical and administrative support for the school district staff at at each of two DJJ facilities (IYC Pere Marquette and IYC Warrenville).

Case: 1:12-cv-07289 Document #: 84 Filed: 07/17/14 Page 3 of 4 PageID #:962
(d) On or before April 7, 2015 a full-time special education instructional specialist at each of four DJJ facilities (IYC Chicago, IYC Harrisburg, IYC Kewanee, and IYC St. Charles), and a half-time special education instructional specialist at each of two DJJ facilities (IYC Pere Marquette and IYC Warrenville). As set forth in paragraph III(3)(b) of the remedial plan, the special education instructional specialists shall assist special education teachers.
(e) If there is a significant change in the number or special needs of youths at any of the DJJ facilities, the court-appointed monitors and the parties shall discuss whether to move this Court to adjust the foregoing education staffing levels, and either party may so move.
4. Staffing level for Youth and Family Specialists. DJJ shall achieve and maintain a staffto-youth ratio for Youth and Family Specialists of an average of 20:1, at each of its IYC facilities, within one year of entry of this supplemental order. The court-appointed general juvenile justice expert, Dr. Krisberg, shall assess whether the Youth and Family Specialists are engaging in frequent, meaningful interactions with youths and facilitating effective rehabilitative services based on youths’ individual needs, and shall report his findings to the parties within 18 months of entry of this supplemental order. Upon receipt of the findings, the court-appointed general juvenile justice expert and the parties shall discuss whether to move this Court to adjust the foregoing Youth and Family Specialist staffing ratio, and either party may so move.

Case: 1:12-cv-07289 Document #: 84 Filed: 07/17/14 Page 4 of 4 PageID #:963

IT IS SO STIPULATED AND AGREED:
For the plaintiffs:
By: /s/ Adam Schwartz
Date: July 7, 2014
Adam Schwartz Harvey Grossman Benjamin S. Wolf Lindsay Miller Roger Baldwin Foundation of ACLU, Inc. 180 North Michigan Avenue, Suite 2300 Chicago, IL 60601 (312) 201-9740
Maja C. Eaton Kevin M. Fee, Jr. Joseph R. Dosch Sidley Austin LLP One South Dearborn Chicago, IL 60603 (312) 853-7000
IT IS SO ORDERED:

For the defendant:
By: /s/ Michael T. Dierkes
Date: July 7, 2014
Michael T. Dierkes Marni M. Malowitz Office of the Illinois Attorney General General Law Bureau 100 West Randolph Street, 13th Floor Chicago, IL 60601 (312) 814-3672

By: _______________________________________ United States District Court Judge
Date: July 17, 2014

 
 Case: 1:12-cv-07289 Document #: 85 Filed: 07/29/14 Page 1 of 4 PageID #:964

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

R.J., et al. vs.

Plaintiffs,

CANDICE JONES, Defendant.

)

)

)

)

Case No.: 12-cv-07289

)

)

Hon. Matthew F. Kennelly

)

)

)

)

DEFENDANT’S SUPPLEMENT TO JULY 7, 2014 SUBMISSION OF POLICIES PURSUANT TO PARAGRAPH I(3) OF THE REMEDIAL PLAN

Defendant Candice Jones, Director of the Illinois Department of Juvenile Justice

(“DJJ”), by her attorney, Lisa Madigan, Attorney General of Illinois, submits this

supplement to her July 7, 2014 submission of policies pursuant to paragraph I(3) of the

remedial plan (Dkt. No. 80).

1. The remedial plan in this case (Dkt. No. 73) requires the DJJ to develop

certain policies. For each such policy, paragraph I(3) of the plan requires the DJJ to

provide a draft to the court-appointed experts and plaintiffs’ counsel at least 30 days prior

to the deadline specified in the plan, consider in good faith any proposed revisions and

meet and confer upon request, submit the policy to the Court for its review and approval,

and implement the policy.

2. Under the plan, policies addressing four topics were due on July 7, 2014:

mental health records and hospitalization (Dkt. No. 73 at ¶ II(5)), medication consent (id.

at ¶ II(7)), LGBTQ youths (id. at ¶ II(11)), and a modified school calendar (id. at ¶

III(5)).

1

Case: 1:12-cv-07289 Document #: 85 Filed: 07/29/14 Page 2 of 4 PageID #:965
3. In compliance with the plan, DJJ filed those policies on July 7, 2014 as Exhibits A to I to Dkt. No. 80. These exhibits included the required policies (plus some additional sections which were not due under the plan, and which were not submitted for court review and approval, as indicated in Dkt. No. 80 and the chart below).
4. At the July 17, 2014 status hearing, the Court directed the DJJ to submit a supplemental filing indicating which of the policies filed on July 7, 2014 are new and which are modified from pre-existing policies. For modifications of pre-existing policies, the Court requested that the DJJ file the most recent prior version of the policy so that it can determine what changes were made.
5. Pursuant to the Court’s request, DJJ submits this supplemental filing. All of the policies filed on July 7, 2014 are attached hereto, with the same exhibit letters as in the DJJ’s July 7, 2014 filing. As indicated in the chart below (see next page), Exhibits A, C, D, and I are new policies, Exhibit E became effective on June 1, 2014, and Exhibits B, F, G, and H are revised from prior policies. For those policies that were revised from prior policies (Exhibits B, F, G, and H), the DJJ has attached redlined versions showing what changes were made. (Clean versions of these policies are attached as Exhibits B, F, G, and H to Dkt. No. 80.)
2

Case: 1:12-cv-07289 Document #: 85 Filed: 07/29/14 Page 3 of 4 PageID #:966

Remedial Plan Requirement

Relevant Exhibit(s)

Policy re mental health records and Exhibit A (NEW) (AD 05.05.105 - Initial,

hospitalization (II(5))

Security Classification of Youth), only

parts

II(F)(2-4)

Exhibit B (REVISED) (AD 04.04.102 – Emergency Mental Health Services), only part II(F)(4)

Policy and form re medication consent Exhibit C (NEW) (AD 04.04.100 – Mental

(II(7))

Health General Provisions), only part

II(F)(8)

Exhibit D (NEW) (medication consent form)

Policy re LGBTQ youths (II(11))

Exhibit E (EFFECTIVE 6/1/2014) (AD 04.01.303 – Lesbian, Gay, Bisexual, Transgender, and Questioning (LGBTQ) Youth)

Exhibit F (REVISED) (AD 04.03.104 – Evaluations of Youth with Gender Dysphoria)

Exhibit G (REVISED) (AD 04.01.130 – Programs and Case Management), only parts II(D), II(F)(3)(d), II(F)(4)(b)

Exhibit H (REVISED) (AD 05.01.302 – Prohibited Cross-Gender Searches)

Modified school calendar (III(5))

Exhibit I (NEW) (school calendar)

6. The DJJ provided Exhibits A to I to Dkt. No. 80 to the court-appointed experts and plaintiffs’ counsel on June 6, 2014, as required by the plan. The DJJ has considered the proposed revisions in good faith, and the parties and experts have met and
3

Case: 1:12-cv-07289 Document #: 85 Filed: 07/29/14 Page 4 of 4 PageID #:967

conferred regarding the proposed revisions. The DJJ respectfully requests court approval of the relevant sections of Exhibits A to I to Dkt. No. 80.

Dated: July 29, 2014
LISA MADIGAN Attorney General of Illinois

Respectfully submitted,
/s/ Michael T. Dierkes
Michael T. Dierkes Office of the Illinois Attorney General 100 West Randolph Street, 13th Floor Chicago, Illinois 60601 (312) 814-3000
Counsel for Defendant

4

Case: 1:12-cv-07289 Document #: 85-1 Filed: 07/29/14 Page 1 of 2 PageID #:968

Illinois
Department of
Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Number Page
Effective

05.05.105 1 of 2
8/01/2014

Section

05

Operations

Subsection

05

Classification

Subject

105

Initial Security Classification of Youth

I.

POLICY

A.

Authority

730 ILCS 5/3-2.5-20

20 Ill. Adm. Code 2503, Subpart A.

B.

Policy Statement

All youth received at a Reception and Classification Center shall receive a security classification.

II.

PROCEDURE

A.

Purpose

The purpose of this directive is to establish written guidelines for staff in regard to the classification of youth received at a Reception and Classification Center.

B.

Applicability

This directive is applicable to all youth centers designated as Reception and Classification Centers.

C.

Facility Reviews

A facility review of this directive shall be conducted at least annually.

D.

Designees

Individuals specified in this directive may delegate stated responsibilities to another person or persons unless otherwise directed.

E.

Definitions

Youth security designation - the youth's need for institutional security as determined by objective classification decisions.

F.

Requirements

1.

The Reception and Classification Administrator shall establish written guidelines for the

classification of youth received at the center. The guidelines shall be established and

maintained in line with the current Classification User's Manual. The Reception and

Classification Administrator shall ensure that:

Case: 1:12-cv-07289 Document #: 85-1 Filed: 07/29/14 Page 2 of 2 PageID #:969
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

8/01/2014

Page

2 of 2

Number

05.05.105

2. 3. 4. Authorized by:

a.

All youth received at the Reception and Classification Center receive a security

classification after a review process has been completed.

b.

The security classification decision takes into account, among other matters, the

following factors:

(1) The youth's security designation score on the initial classification instrument; and

(2) Administrative concerns such as escape risk issues, institutional security issues, medical, mental health, or other special needs.

The Reception and Classification Administrator shall establish written procedures for identifying youth who have been previously incarcerated in or admitted to another correctional or psychiatric facility, or have received other mental health treatment. R&C staff shall use the DJJ 0438, Review of Youth’s Treatment History, to notify the Health Care Unit Administrator of any facility or treatment provider that may have clinical or medical records on a youth.

a.

Knowledge of prior incarceration or mental health treatment may be obtained

from, but shall not be limited to, records from previous commitments to the

Department, staff knowledge, the arrest record, social history report, the youth's

self-admission, or from the youth’s parents or guardians.

Within 3 business days of receiving such notification, the Health Care Unit Administrator shall request clinical or medical records from such facilities or treatment providers using the DJJ 0114 or another request form required by the treatment provider.

a.

When requesting medical records, and executed Authorization for Release of

Youth Medical Health Information, DJJ 0241, shall be included in the request.

b.

When requesting mental health or Substance Abuse Treatment Information, an

executed DJJ 0240, shall be included in the request.

c.

A copy of the DJJ 0438 and all request forms, shall be attached to the Reception

Classification Report and placed in the youth’s medical file.

If any of the requested records are received after the youth has transferred from the Reception and Classification Center, the R&C Administrator shall forward the records to the Health Care Unit Administrator at the youth’s assigned youth center in order to evaluate the appropriateness of the youth's current security classification and program and housing assignments. These records shall be placed in the youth's medical file after an evaluation has been conducted.

Candice Jones Director

Case: 1:12-cv-07289 Document #: 85-2 Filed: 07/29/14 Page 1 of 10 PageID #:970

Illinois
Department of
Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Section

04

Subsection

04

Subject

102 A-J

Programs and Services Mental Health Emergency Mental Health Services

Number Page
Effective

04.04.102 A-J
1 of 10
DRAFT10/1/94 Amended 6/1/95

I.

POLICY

A.

Authority

730 ILCS 5/3-2.5-20-2

20 Ill. Adm. Code 2415415

B.

Policy Statement

YouthPersons committed to the Department of Corrections shall have access to emergency mental health services.

II.

PROCEDURE

A.

E

The purpose of this directive is to define the responsibilities of those employees involved in the provision of emergency mental health services to youthinmates.

B.

E

This directive is applicable to all youth centersfacilities within the Adult and Juvenile Divisions.

C.

Facility ReviewsInternal Audits

A facility reviewAn internal audit of this directive shall be conducted at least quarterly for the Adult Division and annually for the Juvenile Division.

D.

E

Individuals specified in this directive may delegate stated responsibilities to another person or persons unless otherwise directed.

E.

E

Close Supervision - a formal treatment status which provides for verbal or visual monitoring of those youthinmates determined by a mental health professional to be acutely disturbed or potentially suicidal.

Crisis Care Area - an area used for the placement of an inmate exhibiting behavior suggestive of acute mental or emotional disorder or suicide potential.

Case: 1:12-cv-07289 Document #: 85-2 Filed: 07/29/14 Page 2 of 10 PageID #:971
Illinois Department of Juvenile JusticeCorrections

ADMINISTRATIVE DIRECTIVE

Effective DRAFT10/1/94 Page Amended 6/1/95

2 of 10

Number

04.04.102

Crisis Intervention of Acute Care Services - emergency services which may be provided to inmates exhibiting; dysfunctional responses or behavioral problems related to a diagnosable clinical condition, suicidal ideation or behavior; and other dysfunctional signs or symptoms as determined by a mental health professional or Crisis Team Member.

Crisis Team Member - an individual designated by the Chief Administrative Officer to respond to a potential or actual crisis.

Crisis Team Leader - a mental health professional designated by the Chief Administrative Officer to supervise and direct crisis services.

Mental Health Professional - as defined in Administrative Directive 04.04.101A-J, a psychiatrist, physician, psychiatric nurse, clinically trained psychologist or and individual who has a master's degree in social work and clinical training.

Observation Status - a formal monitoring status which provides for verbal or visual monitoring of those youthinmates determined by a mental health professional or Crisis Team Leader to be at increased risk for experiencing a mental or emotional crisis.

Strip Celling – the removal of all clothing and property from a youth who is placed on suicide watch and determined by a mental health professional or physician, when a mental health professional is not available, that the youth is at imminent risk for harm to self or others.

Suicide Watch Status - a formal treatment status for a youthan inmate determined by a mental health professional to be acutely suicidal.

F.

Implementation

The Chief Administrative Office shall develop a written procedure implementing all provisions of this directive. However, Menard Psychiatric Center is exempt from the provisions for notification and shall develop local procedures approved by the Agency Medical Director for all Crises notifications.

1.

Crisis Intervention Team

a.

A Crisis Intervention Team shall be designated by the Chief Administrative

OfficerOffice which shall include:

(1) A mental health professional who shall be the Crisis Team Leader;

(2) At least one member of the security staff who is the rank of Juvenile JusticeLieutenant or above or Youth Supervisor III or above.

(3) Other members who may be chosen from the administrative, chaplaincy, counseling, educational, leisure time services, medical or security staff.

b.

One or more team members shall be available on site on a 24-hour basis.

c.

All staff selected for the Crisis Intervention Team shall be properly trained.

Case: 1:12-cv-07289 Document #: 85-2 Filed: 07/29/14 Page 3 of 10 PageID #:972
Illinois Department of Juvenile JusticeCorrections

ADMINISTRATIVE DIRECTIVE

Effective DRAFT10/1/94 Page Amended 6/1/95

3 of 10

Number

04.04.102

(1) Mental health professionals shall not be required to receive special training unless specifically required by the Chief Administrative Officer.

(2) All other team members shall receive sixteen hours of specialized training prior to serving on the Crisis Intervention Team, unless otherwise approved, in writing, by the agency Chief of Mental Health Services.

(a) The initial 16 hours of training shall be provided through the Training Academy and shall include assessment and intervention techniques in crisis situations.

(b) A team member may provisionally serve on the team after completing four hours of orientation training as determined by the Crisis Team Leader. The team member shall receive the required training provided by the Training Academy at the next available training session.

(3) All team members shall receive an additional one hour of training quarterly by the facility Crisis Team Leader. The training shall consist of topics selected by the Team Leader which are pertinent to crisis intervention.

2.

Referrals to Crisis Intervention

a.

A procedure shall be established for referral to the Crisis Intervention Team of

youthinmates who exhibit disturbed behavior.

(1) All staff are responsible for promptly reporting to the Crisis Intervention Team or a mental health professional any evidence that a youthan inmate is:

(a) Threatening suicide, attempting suicide, or exhibiting other symptoms which indicate that the youthinmate may be at risk for, or intent upon, self- harm or suicide; or

(b) Threatening or attempting homicidal behavior, or exhibiting other symptoms which indicate the youth may be at risk for, or intent upon, killing another;

(c(b)

Mentally or emotionally disturbed and potentially dangerous to others, or unable to care for himself due to confusion, disorientation, etc.; or.

(d) Exhibiting acute depressive or psychotic symptoms. (2) All correctional counselors, security staff, full time medical staff, and such
other individuals as are designated by the Chief Administrative Officer shall receive a minimum of one hour of training. Training shall include identification and reporting of disturbed behavior to the Crisis Intervention Team.

Case: 1:12-cv-07289 Document #: 85-2 Filed: 07/29/14 Page 4 of 10 PageID #:973
Illinois Department of Juvenile JusticeCorrections

ADMINISTRATIVE DIRECTIVE

Effective DRAFT10/1/94 Page Amended 6/1/95

4 of 10

Number

04.04.102

b.

Upon notification of the referral, the Crisis Team Member shall determine and

implement the steps necessary, if any, to resolve the crisis or prevent it from

escalating. This may include referral to other staff or services.

(1) The Crisis Team Member shall promptly review the case with the Crisis Team Leader or other designated mental health professional to determine if appropriate services and referrals have been provided. After normal duty hours and on weekends and holidays this review may be by telephone.

(2) The Crisis Team Leader or Member shall monitor and facilitate service delivery including, when appropriate, referral for mental health or medical examination, initiation of crisis treatment plan and recording of visual or verbal checks, and any special recommendations by mental health professionals.

(3) The Crisis Team Leader of Member shall notify the Shift Commander (Adult Division) or Shift Supervisor (Juvenile Division) of any recommendations involving responsibility of security staff toward the youthinmate.

(4) The crisis response shall be terminated as determined by the Crisis Team Leader or other involved mental health professional.

3.

Crisis Care Services

Upon the recommendation of a Crisis Team Member or a mental health professional, the Chief Administrative Officer may order that a youthan inmate be housed in a crisis care area. YouthInmates who are assigned to a crisis care area shall be placed on observation status, close supervision status, or suicide watch status in accordance with this directive. In extreme emergencies, a youthan inmate may be placed in therapeutic restraints in accordance with Administrative Directive 04.04.103103A-J.

a.

Crisis Care Area.

(1) The Chief Administrative Officer shallShall designate an area or areas for housing a youthan inmate who is determined by a mental health professional or Crisis Team Member to require removal from the regular housing assignment for mental health treatment or observation. Removal from the general population must comply with the provisions in Administrative Directive 04.04.100.

(2) Crisis care roomscells or housing areas shall be equipped to provide for:

(a) Single celling or housing

(b) Control of outside stimuli, especially contact with other youthinmates.

(c) Adequate lighting, or lighting controlled from outside of the

Case: 1:12-cv-07289 Document #: 85-2 Filed: 07/29/14 Page 5 of 10 PageID #:974
Illinois Department of Juvenile JusticeCorrections

ADMINISTRATIVE DIRECTIVE

Effective DRAFT10/1/94 Page Amended 6/1/95

5 of 10

Number

04.04.102

roomcell or housing area.

(d) Opportunities for observation by staff from as many points in the area as possible.

(e) Opportunities for staff to conveniently hear activities within the roomcell or area.

(f)

Access to health services.

(g) Prompt access by staff into the area.

(3) Close supervision or suicide watch may be provided at a community health care facility pending evaluation or transfer to an appropriate Department facility.

(4) Clothing or other personal property removed from the youth'sinmate's crisis care roomcell or housing area shall be placed in a secure area.

b.

Observation Status

(1) If it is determined by a mental health professional or Crisis Team Leader that a youthan inmate is at increased risk to experience a mental or emotional crisis, the individual may be placed on observation status. No youthinmate meeting criteria for close supervision or suicide watch may be placed on this status.

(2) The Chief Administrative Officer shall establish the procedures for this status through a local written procedure. At minimum these procedures shall include:

(a) The procedure for placing a youthan inmate on observation status.

(b) Notification of the Crisis Team Leader and Duty Administrative Officer.

(c) The frequency of observation and method of documentation.

(d) Daily evaluation by designated staff.

(e) A provision that observation status shall not exceed 72 hours, unless extended by a mental health professional following a formal evaluation.

(f)

A provision that termination of this status shall be upon the written

or verbal order of a mental health professional.

c.

Close Supervision Placement

Case: 1:12-cv-07289 Document #: 85-2 Filed: 07/29/14 Page 6 of 10 PageID #:975
Illinois Department of Juvenile JusticeCorrections

ADMINISTRATIVE DIRECTIVE

Effective DRAFT10/1/94 Page Amended 6/1/95

6 of 10

Number

04.04.102

(1) A youthAn inmate who is determined by a mental health professional to be acutely disturbed, potentially suicidal or who may pose a threat of serious physical harm to self or others in the near future, may be placed on close supervision. When a mental health professional is not on site, this determination shall be made by the Crisis Team Member who shall promptly review the situation with the Crisis Team Leader.

(2) Monitoring of youthinmates who are placed in close supervision shall be documented and shall include the following:

(a) Checks by staff at least every 15 minutes, which include verbal or visual contact with the youthinmate. It is recommended that these checks include a notation on the youth'sinmate's behavior or speech.

(b) Daily contacts made by a crisis Team Member or an individual from the mental health, medical or psychiatric staff. Additional contacts shall be made as frequently as determined necessary by a mental health professional or medical staff.

(c) A check of the youth'sinmate's vital signs shall be taken by the health care staff within 24 hours of placement on Close Supervision.

NOTE: Contacts in (b) and (c) above shall include an assessment of a youth'san inmate's response to treatment and current mental health status. This shall be documented in the medical record and may additionally be noted in the crisis record.

(3) The youthinmate shall remain in close supervision until transferred to a mental health treatment setting or until the crisis is resolved as determined by the Crisis Team Leader or any other involved mental health professional. If release from close supervision is authorized via the telephone, a follow-up evaluation by a mental health professional shall be conducted within 72 hours.

d.

Suicide Watch Placement

(1) A youthAn inmate who is determined by a mental health professional to be acutely suicidal or who poses a threat of serious physical harm to self or others may be placed on suicide watch. Strip celling may be authorized. A physician may make this determination if a mental health professional is not available. Determinations shall be made after the psychiatrist, physician, or mental health professional has personally observed and examined the youthinmate. Clinical reasons for such placement shall be documented.

(2) In the absence of a psychiatrist, physician, or other mental health professional, suicide watch may be temporarily initiated in an emergency upon the recommendation of the Crisis Team Member and with the

Case: 1:12-cv-07289 Document #: 85-2 Filed: 07/29/14 Page 7 of 10 PageID #:976
Illinois Department of Juvenile JusticeCorrections

ADMINISTRATIVE DIRECTIVE

Effective DRAFT10/1/94 Page Amended 6/1/95

7 of 10

Number

04.04.102

approval of the Chief Administrative Officer or Duty Administrative Officer. Strip celling may be authorized. If approval is given verbally, the Crisis Team Member shall ensure that Medical Staff document this approval in the medical record and may additionally note it in the crisis record.

(a) A medical or mental health professional order for suicide watch placement or strip celling must be obtained within two hours. This order must clearly specify the clinical reason for the order.

(b) Verbal orders must be confirmed in writing in the medical record within 72 hours by the ordering physician or mental health professional or, if unavailable, by another mental health professional. Verbal orders reviewed by another mental health professional must be confirmed in writing by the ordering physician or mental health professional on the next scheduled working day.

(3) A youth'sAn inmate's personal property, particularly the clothing, shall be returned as soon as practical, consistent with the mental health professional's assessment of the inmate's mental health status. Orders for return of property or clothing may be given verbally by a mental health professional in consultation with on-site health care staff or a Crisis Team Member.

(4) Monitoring of youthinmates who are placed in suicide watch shall be documented in writing and shall include the following:

(a) Checks by staff at least every 10 minutes which shall include verbal or visual contact with the youthinmate. It is recommended that these checks include a notation on the youth'sinmate's behavior or speech.

(b) Daily assessments of a youth'san inmate's mental health status conducted by a mental health professional. On weekends and holidays, the mental health professional may consult by telephone with on-site health care staff or a Crisis Team Member. Additional contacts shall be made as frequently as determined necessary by a mental health professional or medical staff.

(c) A check of the youth'sinmate's vital signs shall be taken by health care staff within 24 hours of placement on Suicide Watch.

NOTE: Contacts in (b) and (c) above shall include an assessment of the youth'sinmate's response to treatment and current mental health status. This shall be documented in the medical record and may additionally be noted in the crisis record.

(5) The youthinmate shall remain on suicide watch until the youthinmate is transferred to a mental health treatment setting, community health care facility, or until a mental health professional determines that the crisis has

Case: 1:12-cv-07289 Document #: 85-2 Filed: 07/29/14 Page 8 of 10 PageID #:977
Illinois Department of Juvenile JusticeCorrections

ADMINISTRATIVE DIRECTIVE

Effective DRAFT10/1/94 Page Amended 6/1/95

8 of 10

Number

04.04.102

been resolved or that the youthinmate can be placed in a less restrictive crisis care status.

(6) A youthAn inmate shall be placed in close supervision status for at least 24 hours after the suicide watch status has been terminated unless the psychiatrist, physician, or other mental health professional documents that such observation is not clinically indicated.

e.

Emergency Mental Health Services Records

(1) Upon placement in observation, close supervision, or suicide watch, a treatment plan for emergency services to be rendered to the youthinmate shall be developed. Upon termination of the emergency, the plan, including a notation of the termination and planned follow-up, shall be placed in the youth'sinmate's medical and master files.

(2) An individualized record or records shall be kept to document security checks, medical checks, treatment visits and other care provided to youthinmates while they are on observation, close supervision, or suicide watch status. These records shall be reviewed regularly by the facility medical director to ensure compliance with this Administrative Directive. A copy of these records shall be placed in the youth'sinmate's medical file.

NOTE: Logs and forms used to document staff observation times will not have preprinted check times printed on them. Staff making observations on youth on crisis watches shall record the actual time observations are conducted.

4.

Admission to Psychiatric Hospitals

a.

A youth diagnosed with an acute mental illness who has shown little or no

progress in response to f.

Consent to Mental Health Treatment All

emergency mental health treatment, psychiatric treatment, and

psychopharmacological services shall be assessed for admission toprovided on a

voluntary basis unless it is determined that an inmate is suicidal or poses a

community psychiatric hospital if:

(1) He or she is reasonably expected to inflict serious physical harm upon selfthreat to himself or others in the near future;

(2) Due to his or her severe mental illness, he or she is unable to provide for his or her basic physical needs so as to guard himself or herself from serious harm; or

(3) He or she has been found unfit to stand trial and requires placement in a psychiatric hospital in order to attain fitness to stand trial.

NOTE: The analysis of the youth’s progress in response to treatment, for purposes of part F 4 (a) above, shall be whether the youth has shown some level of improvement within the timeframe reasonably expected based upon the

Case: 1:12-cv-07289 Document #: 85-2 Filed: 07/29/14 Page 9 of 10 PageID #:978
Illinois Department of Juvenile JusticeCorrections

ADMINISTRATIVE DIRECTIVE

Effective DRAFT10/1/94 Page Amended 6/1/95

9 of 10

Number

04.04.102

individual youth’s diagnosis and prescribed treatment or psychotropic medications, but in no event longer than 72 hours. If a youth with an acute mental illness has shown no response to treatment or prescribed medications after 72 hours, analysis of factors set forth in F (4)(a) (1)-(3) above shall occur.

b.

If a mental health professional believes that a youth meets the criteria for

community psychiatric hospitalization in paragraph 4.a., he or she shall

immediately inform the Treatment Unit Administrator (TUA) or his or her designee

who will immediately contact the Chief Administrative Officer and the Chief of

Mental Health, who will notify the Deputy Director of Programs.

c.

If, after consulting with the TUA, the Chief of Mental Health determines

hospitalization unless treatment is the best course of action, the TUA or his or her

designee shall:

(1) Notify the youth’s parent or guardian (if the youth is under the age of 18), ask if the youth is covered by private insurance, and tell the parent or guardian what hospital the youth will be transported to, if known.

(2) Contact Crisis and Referral Entry Services (CARES), request an evaluation from Screening, Assessment, and Support Services (SASS), get the name of the assessor who will be coming to the youth center to make the assessment, and prepare a visitor pass for the assessor.

NOTE: A SASS assessor will in most cases meet the youth and the TUA at the youth center within 2 hours. In the event of a medical emergency, the TUA will inform CARES that the evaluation shall take place at the hospital. The youth will then be transported by ambulance to the hospital along with a Juvenile Justice Specialist and a mental health professional, in accordance with Administrative Directive 05.03.124.

d.

If the SASS assessor determines that hospitalization is not required, the youth

shall remain in crisis status.

e.

If the assessor recommends hospitalization the assessor will designate which

hospital the youth should be transported to. The TUA or his or her designee shall

notify the following of the assessors’ determination:

(1) The Chief Administrative Officer;

(2) The Records Office;

(3) The Chief of Mental Health, who will notify the Deputy Director of Programs; and

(4) The youth’s parent or guardian (if the youth is under the age of 18), and

h.

The youth shall be transported to the hospital in accordance with Administrative

Directive 05.03.124. Additionally, a mental health professional shall be

transported with the youth, along with 3 days of clothing, a crisis log,

Case: 1:12-cv-07289 Document #: 85-2 Filed: 07/29/14 Page 10 of 10 PageID #:979
Illinois Department of Juvenile JusticeCorrections

ADMINISTRATIVE DIRECTIVE

Effective DRAFT10/1/94 Page Amended 6/1/95

10 of 10

Number

04.04.102

documentation from Health Care and Records Office, and a black box, if needed.

i.

For youth who are age 18 and over, the hospital may determine that he or she will

require transfer to a Department of Human Services (DHS) facility. If a youth is

transferred to a DHS facility, the TUA shall inform the Chief of Mental Health.

j.

Prior to return from the psychiatric hospital, the Treatment Unit Administrator shall

ensure that the hospital has provided a discharge plan which should include

discharge diagnosis, level of stability, and current medications. If a discharge plan

has not been provided, staff shall document the efforts they made to obtain one

and the reason it was not provided.

k.

Upon return from the psychiatric hospital, the youth shall be assessed by a Mental

Health Professional to determine if, based on the youth’s current mental status,

continued crisis placement is needed.

l.

Within three days of a youth’s return from a psychiatric hospital, the Health Care

Unit Administrator shall submit a request for medical and mental health records to

the hospital. These records shall be placed in the youth’s medical file. If the

records are received after the youth has been transferred to another youth center,

the Health Care Unit Administrator shall forward the records to the Health Care

Unit Administrator at the youths current assigned youth center.

Authorized by:

Supersedes: 04.04.102A-J

Candice Jones Director

AD

06/01/95 5/1/1991

As Amended 7/1/92 and 9/1/92

Case: 1:12-cv-07289 Document #: 85-3 Filed: 07/29/14 Page 1 of 6 PageID #:980

Illinois
Department of
Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Number Page

04.04.100 1 of 6

Effective

DRAFT

Section

04

Programs and Services

Subsection

04

Mental Health

Subject

100

General Provisions

I.

POLICY

A.

Authority

730 ILCS 5/3-2.5-20

20 Ill. Adm. Code 2415

Prison Rape Elimination Act National Standards – Juvenile § 115.335

B.

Policy Statement

The Department of Juvenile Justice shall ensure youth have access to adequate mental health services.

II.

PROCEDURE

A.

Purpose

The purpose of this directive is to establish guidelines for staff with regard to the availability and rendering of mental health services.

B.

Applicability

This directive is applicable to all youth centers within the Department.

C.

Facility Reviews

A facility review of this directive shall be conducted at least semi-annually.

D.

Designees

Individuals specified in this directive may delegate stated responsibilities to another person or persons unless otherwise directed.

E.

Definitions

The following definition shall apply to all Mental Health directives unless otherwise defined:

Crisis - an episode or situation in which emergency services are indicated due to evidence that a youth may be at risk for mental health distress, self-harm ideation or behavior, suicide ideation or behavior, harm to others, and other dysfunctional signs or symptoms. Allegations of sexual abuse shall be treated as a crisis. The youth’s crisis may be an identifiable event such as family illness or death, denial of parole or placement, bad news, and or conflicts with others etc. The youth’s crisis may also include a noticeable change in presentation or behavior such as crying, agitation, poor

Case: 1:12-cv-07289 Document #: 85-3 Filed: 07/29/14 Page 2 of 6 PageID #:981 Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

DRAFT

Page

2 of 6

Number

04.04.100

appetite or sleep, refusal of program or activities, paranoia, hallucinations, aggression, and/or impulsivity etc.

Crisis Care Area - an area used for the placement of a youth exhibiting behavior suggestive of acute mental or emotional disorder or suicide potential.

Developmental Disability - a disability attributable to a mental or physical impairment, manifested before age 22 years, likely to continue indefinitely, and requires specific and lifelong or extended care. The developmental disability results in substantial limitation in three or more specific areas of adaptive functioning such as self-care, self-direction, communication, or safety.
Mental health professional - means psychiatrist, physician, psychiatric nurse, clinically trained psychologist, or an individual who has clinical training and a master's degree in social work, psychology, or a similar master's degree in the human service field, such as counseling, if he or she is approved by the State of Illinois to provide mental health service.

Physician - an individual who is licensed by the State of Illinois to practice medicine in all of its branches.
Psychiatrist - a physician who is Board eligible or Board certified in the practice of psychiatry.
Psychiatric Nurse - an individual who has a Master's Degree in psychiatric nursing or who has a Bachelor's Degree in nursing and three years of clinical psychiatric nursing experience.
Special treatment unit - a Department youth center or unit that specializes in mental health care.

Youth data system of record– the mainframe software application for managing youth information currently used by the Department, including Juvenile Tracking System (JTS), Youth 360, and/or any other system designated by the Director of the Department.

F.

General Provisions

1.

Mental Health Services

a.

Youth who are determined to have chronic mental illness or situational stress, shall

have access to the following services as recommended by a mental health

professional:

(1) Diagnostic evaluation by mental health staff;

(2) Mental health treatment in accordance with the mental health assessment;

(3) Regular and more frequent monitoring as needed by Youth and Family Specialists where mental health treatment is not indicated;
(4) Monitoring of the youth’s mental health status on a regular basis by mental health professionals until it is determined that continued services are no longer needed;

(5) Participation in available programs, in accordance with identified needs, including specialized leisure time services, special educational services, or other such programs; or

Case: 1:12-cv-07289 Document #: 85-3 Filed: 07/29/14 Page 3 of 6 PageID #:982 Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

DRAFT

Page

3 of 6

Number

04.04.100

(6) Transfer to an IYC special treatment unit.

b.

Youth who are identified as being developmentally disabled shall be evaluated and

assessed by mental health staff. Services for the developmentally disabled may

include:

(1) Transfer to an IYC special treatment unit;

(2) Referral to resources congruent with assessed needs;

(3) Monitoring of behavior and adaptation to a youth center;

(4) Designing of programs to meet special needs in accordance with assessment;

(5) Special education services; or

(6) Review of the youth's vulnerability, and communication of those needs to appropriate youth center staff.

2.

Training

a.

All youth center employees who have direct contact with youth as part of their

regular job duties shall receive a minimum of one hour of pre-service training on

identification of mental health issues, the procedures for referring youth to Mental

Health Services, and the procedures for reporting disturbed behavior to the Crisis

Intervention Team. Training shall be reviewed annually during cycle training. The

training curricula shall be developed by the Chief of Mental Health Services and

approved by the Office of Staff Development and Training. .

b.

Health care staff and Youth and Family Specialist routinely responsible for

processing and orientation youths shall receive at least one hour of training

annually by a mental health professional on:

(1) Behavior indicative of mental or emotional disturbance, developmental disability, and chemical dependency;

(2) Key medical and master file data to be reviewed on received youth,

(3) The criteria and process to be used in referring youth for evaluation by a mental health professional; and

(4) Confidentiality of mental health information.

c.

In addition to the sexual abuse and harassment prevention and intervention

training required by Administrative Directive 04.01.301, mental health and medical

professionals who work regularly in youth centers shall be trained in:

(1) How to detect and assess signs of sexual abuse and sexual harassment;

(2) How to preserve physical evidence of sexual abuse;

(3) How to respond effectively and professionally to juvenile victims of sexual abuse and sexual harassment; and

Case: 1:12-cv-07289 Document #: 85-3 Filed: 07/29/14 Page 4 of 6 PageID #:983 Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

DRAFT

Page

4 of 6

Number

04.04.100

(4) How to and whom to report allegations or suspicions of sexual abuse and sexual harassment.

3.

Removal from General Population

Youth placed in a confinement unit, crisis care area, or who are otherwise removed from the general population:

a.

May only be isolated from others as a last resort when less restrictive measures

are inadequate to keep them and other youth safe, and then only until an

alternative means of keeping all youth safe can be arranged.

b.

Shall receive daily visits from a medical staff member and a mental health

professional, shall not be denied daily large-muscle exercise or any legally

required educational programming or special education services, and shall have

access to other programs and work opportunities to the extent possible.

c.

The Chief of Mental Health, Deputy Director of Operations, and Deputy Director of

Programs shall be notified whenever a youth has remained in a confinement unit,

crisis care area, or has otherwise removed from the general population for more

than 3 days.

4.

Mental Health Services Forms and Records

a.

All mental health services provided to a youth shall be documented in writing.

(1) Evaluations conducted during reception and classification by mental health professionals shall be documented on the Youth Clinical Mental Health Evaluation, DJJ 0283. All subsequent evaluations shall be documented on a Mental Health Diagnostic and Treatment Note.

(2) Evaluations required to be documented in a formal report shall include, when appropriate, routine Reception and Classification Unit screenings, routine mental health referrals, Guilty But Mentally Ill (GBMI) evaluations, medication re-evaluations, psychological reports, psychosexual evaluations, and evaluations of youth in crisis that result in a formal report. Brief evaluations of youth in crisis or re-evaluations of medication that are recorded in the progress notes of the Medical Record need not be recorded on the formal evaluation.

b.

All mental health records shall be filed in the youth's medical file. Evaluations

conducted by a Reception and Classification Center or by an assigned youth

center for the purpose of classification or placement shall be filed in the youth's

medical file and a copy shall be sent to the transfer coordinator's office as part of

the transfer packet.

5.

Inspections of Living Units

a.

A mental health professional shall inspect and evaluate conditions of the

orientation, disciplinary, and crisis care areas, and at least once per month.

Special attention shall be given to procedures, environmental conditions, or

unusual events that may significantly affect the level of youth or staff stress in the

unit. Where indicated, the mental health professional shall also evaluate the

response of specific youth to the confinement and restrictions imposed by the

Case: 1:12-cv-07289 Document #: 85-3 Filed: 07/29/14 Page 5 of 6 PageID #:984 Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

DRAFT

Page

5 of 6

Number

04.04.100

environment.

b.

General population housing areas shall be inspected by a mental health

professional quarterly or as determined necessary by the Chief Administrative

Officer. A record of when such inspections have occurred shall be maintained for

each mental health professional.

c.

Any problems that are identified by a mental health professional when conducting

these inspections shall be documented in writing and forwarded to the Chief

Administrative Officer and the Chief of Mental Health Services.

6.

Suicide Prevention

a.

Each youth center shall implement a Suicide Prevention Committee. The

committee shall meet monthly, and the minutes of the meeting shall be forwarded

to the Department of Juvenile Justice central office. The committee shall be

comprised of:

(1) The Superintendent or Assistant Superintendent;

(2) A mental health professional; and

(3) Other members as designated by the Superintendent.

b.

Each youth center shall conduct a suicide drill at least monthly. The results of

these drills will be discussed by the Suicide Prevention Committee.

7.

Consent to Mental Health Treatment

a.

All mental health services shall be provided on a voluntary basis, unless it is

determined that a youth is suicidal or poses a serious threat to self or others in the

near future unless treatment is provided. Emergency mental health services shall

be provided in accordance with Administrative Directive 04.04.102.

b.

At the time mental health services are offered, limits of confidentiality, including

duty to warn, shall be discussed with the youth.

8.

Informed Consent to Psychotropic Medication

a.

Psychotropic medication shall only be administered after the youth, or parent or

guardian of a youth under 18 years of age, has provided his or her informed

consent or in accordance with Department Rule 2415.70.

b.

The Health Care Unit Administrator shall maintain updated and medically accurate

medication information sheets on all psychotropic medications. These information

sheets shall contain comprehensive information on:

(1) The more common and less common side effects of the medication;

(2) How the medication is administered and monitored;

(3) What symptoms the medication is used to treat; and

(4) Alternative medications that treat the same symptoms and the side effects of those medications.

Case: 1:12-cv-07289 Document #: 85-3 Filed: 07/29/14 Page 6 of 6 PageID #:985 Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

DRAFT

Page

6 of 6

Number

04.04.100

c.

Informed consent is obtained when:

(1) The prescribing psychiatrist or nurse has explained the youth’s diagnosis and potential ramifications of not using any medication, and reviewed all the information contained in the medication information sheet with:

(i)

The youth, if the youth is 18 years of age or older; or

(ii)

The youth and the youth’s parent or guardian, if the youth is under

the age of 18; and

(2) The youth or parent or guardian, as applicable, has executed the Medication Consent Form, DJJ 0442.

Note: A parent’s or guardian’s consent may be obtained verbally over the phone after the contents of the medication information sheet have been thoroughly explained, however, if consent is given verbally, subsequent reasonable efforts should be made to obtain a parent guardian signature on the DJJ 0442.

d.

When the prescribing psychiatrist has determined that administering psychotropic

medication is in the medical interest of a youth under 18 years of age, the youth

center nurse shall:

(1) Attempt to contact the youth’s parent or guardian to obtain informed consent, and

(2) Mail the medication information sheet and DJJ 0442 to the youth’s parent or guardian.

e.

If the nurse is unable to get in contact to the youth’s parent or guardian, follow up

phone calls or other attempts to contact the parent or guardian shall be made

weekly, until and unless, a psychiatrist or physician orders the administration of the

medication pursuant to Department Rule 2415.70.

Authorized by:

Candice Jones Director

Case: 1:12-cv-07289 Document #: 85-4 Filed: 07/29/14 Page 1 of 1 PageID #:986
ILLINOIS DEPARTMENT OF JUVENILE JUSTICE
Psychotropic Medication Consent Center

Date:

/

/

a.m.

Time:

p.m.

Patient Information:
Last Name

First Name

ID#:
MI

I authorize the administration of for the treatment of the following:

to
medication

Myself or Name of Patient

state the diagnosis and behaviors the medication is targeting

to be prescribed and monitored by Dr. as his or her assistants.

Name of Psychiatrist/Physician

or whomever he or she may designate

The attached medication information sheet, the more common and less common side effects of this medication, as well as

the potential ramifications of not using medication and alternative medications used to treat the same symptoms have been

explained to me in detail by

.

Name of Psychiatrist/Physician/Nurse

I acknowledge that no guarantee or assurance has been made as to the results that may be obtained.

I have been informed if this medication is off label or FDA approved for this diagnosis.

I certify that I have read and fully understand the above Consent to Treatment, that the EXPLANATIONS therein referred to were

made, and that all blanks or statements requiring insertion or completion were filled in.

Print Name of Patient
When patient is a Minor or Incompetent to give consent:

Signature of Patient

Print Name of Person Authorized to Consent

Signature of Person Authorized to Consent

/ /
Date
/ /
Date

Print Name of Witness

Signature of Witness

When consent from the person authorized to consent was obtained verbally:

/

/

Date

I
Print Name of Witness

spoke to

Print Name of Person Authorized to Consent

reviewed the required information, and have mailed the information to

Distribution: Patient’s Medical Record

Printed on Recycled Paper

at

,

phone number

.
address

DJJ 0442 (Eff. DRAFT)

Illinois Case: 1:12-cv-07289 Document #: 85-5 Filed: 07/29/14 Page 1 of 3 PageID #:987

ADMINISTRATIVE

Number

04.01.303



DIRECTIVE

Page

1 of 3

Juvenile Justice

Effective

6/1/2014

Section

04

Programs and Services

Subsection

01

General Provisions

Subject

303

Lesbian, Gay, Bisexual, Transgender and Questioning (LGBTQ) Youth

I. POLICY

A.

Authority

730 ILCS 5/3-2.5-20

B.

Policy Statement

The Department shall maintain and promote an environment that provides physical and emotional safety, and effective and culturally competent services and programming, to all youth regardless of their actual or perceived sexual orientation, gender identity, and/or gender expression.

II.

PROCEDURE

A.

Applicability:

This directive applies to all youth centers and program sites of the Department.

B.

Facility Reviews

A facility review of this directive shall be conducted at least annually.

C.

Designees

Individuals specified in this directive may delegate stated responsibilities to another person or persons unless otherwise directed.

D.

Definitions

Bisexual - a youth who is attracted either emotionally, physically, or romantically to both males and females.

Employee - all persons who provide personal services or delivery of services, including Department employees and contractual employees. This also includes interns who provide services to the Department in connection with an educational program, whether paid or unpaid.

Gay - a male youth who is attracted emotionally, physically or romantically to other males.

Gender expression - the way a youth presents gender (typically, masculine or feminine) through clothing, appearance, behavior, speech, etc. Gender expression is a concept that is distinct from gender identity and sexual orientation. For example, a male may present in an effeminate manner and identify as a heterosexual male.

Gender identity - a person’s internal sense or experience of belonging to a particular gender category as a male or a female, and where a youth feels he or she fits in society’s male/female structure. Gender identity is a concept that is distinct from sexual orientation. For example, a transgender girl (born biologically male but self-identifies as a girl) may identify as heterosexual, meaning that she is attracted to boys.

Lesbian - a female youth who is attracted emotionally, physically, or romantically to other females.

Case: 1:12-cv-07289 Document #: 85-5 Filed: 07/29/14 Page 2 of 3 PageID #:988 Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE


Effective

6/1/2014

Page

2 of 3

Number

04.01.303

LGBTQ youth - youth who self-identify as or are perceived by others as lesbian, gay, bisexual, transgender, or questioning their sexual orientation or gender identity. LGBTQ shall also refer to youth whose gender expression does not conform to the traits typically associated with male/masculine or female/feminine.

Questioning - a youth, often an adolescent, who is exploring or questioning issues of sexual orientation, gender identity or gender expression in his or her life. Some questioning youth may ultimately identify as lesbian, gay, bisexual and/or transgender; others may not.

Sexual orientation - a youth’s emotional, physical, or romantic attractions to others.

Transgender - a person whose gender identity (i.e., internal sense of feeling male or female) is different from the person’s assigned sex at birth.

Volunteer - a person who is at least 18 years of age and who individually or through an organization will give the time to provide a service for the Department in the performance of an approved function or activity.

E.

General Provisions

1.

All employees and volunteers shall protect youth from discrimination and harassment by other

youth and other employees and volunteers regardless of sexual orientation, gender identity or

gender expression. Employees and volunteers shall respond to incidents or reports of

discrimination or harassment of LGBTQ youth as provided in Administrative Directive

04.01.304.

2.

Department employees and volunteers are expected to model positive behavior when

interacting with LGBTQ youth and remind all youth that anti-LGBTQ threats of violence, actual

violence or disrespectful language or suggestive comments or gestures will not be tolerated.

3.

Youth center libraries shall make available LGBTQ affirming books, magazines, movies and

other materials when possible. All youth shall be made aware of these resources and have

access to them when requested.

4.

During reception and classification, employees shall verbally inform youth of this policy.

F.

Requirements

1.

Training

a.

All employees who have direct contact with youth shall be trained on the provisions of

this Administrative Directive as part of their annual cycle training. This training shall

be developed by a qualified trainer with experience working with LGBTQ youth and

shall include working with LGBTQ youth in a positive and respectful manner,

supporting positive adolescent development including modeling desired behavior,

demonstrating respect for all colleagues and youth, reinforcing respect for differences,

encouraging healthy self-esteem, and helping to manage the stigma sometimes

associated with difference.

b.

Volunteers shall receive training on the provisions in this Administrative Directive as

part of volunteer orientation.









Case: 1:12-cv-07289 Document #: 85-5 Filed: 07/29/14 Page 3 of 3 PageID #:989 Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

2.

Effective

6/1/2014

Page

Equal Treatment of LGBTQ Youth

3 of 3

Number

04.01.303

a. Employees and volunteers shall treat all youth fairly and equally, without bias and in a professional and confidential manner, regardless of sexual orientation, gender identity or gender expression.

b. Employees and volunteers shall provide LGBTQ youth with access to educational, rehabilitative, recreational and other programming on the same basis as other youth. Youth shall not be denied access to programming because of actual or perceived sexual orientation, gender identity or gender expression.

c.

Employees and volunteers shall use respectful language and terminology that does

not stereotype LGBTQ people. In particular, employees and volunteers shall not

imply or tell youth that their gender expression, identity, or sexual orientation are

abnormal, deviant or sinful or that they can or should change their sexual orientation

and/or gender identity.

d. Clothing and grooming rules and restrictions including rules regarding hair, make-up, nails, shaving, etc. shall be applied consistently within each youth center without discrimination toward LGBTQ youth.

(1) Youth shall not be required to have a male or female haircut or to maintain a masculine or feminine hairstyle.

(2) A youth shall not be prevented from, or given consequences for, presenting himself or herself in a manner that does not match gender norms unless it is in direct violation of department rules.

3.

Youth Disclosure and Privacy

a.

If a youth discloses his or her sexual orientation or gender identity, employees and

volunteers should converse with the youth in a non-judgemental manner and provide

the youth an opportunity to discuss his or her concerns with a Mental Health

Professional.

b.

Employees and volunteers shall not disclose a youth’s sexual orientation or gender

identity to other youth at the youth center or to outside individuals or agencies, such

as a youth’s family and friends or healthcare or social service providers, without the

youth’s permission.

c.

These confidentiality restrictions do not prevent employees from discussing a youth’s

needs or services with other employees.

d.

Volunteers shall discuss youth disclosures of sexual orientation or gender identity with

their immediate supervisor in all cases.

Authorized by:

[Original Authorized Copy on File] Candice Jones Director










Case: 1:12-cv-07289 Document #: 85-6 Filed: 07/29/14 Page 1 of 6 PageID #:990

Illinois
Department of
Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Section

04

Programs and Services

Subsection

03

Medical and Health Care

Subject

104

Evaluations of Youth with Gender Dysphoria

Number Page
Effective

04.03.104 1 of 6
DRAFT6/1/2014

I.

POLICY

A.

Authority

730 ILCS 5/3-2.5-20, 5/3-7-2, 5/3-8-2, and 5/3-10-2

Prison Rape Elimination Act National Standards – Juvenile, 28 C.F.R. § 115.342

B.

Policy Statement

The Department shall:

1.

Provide appropriate accommodations and treatment for all youth who are identified as

having gender identity issues, or who are diagnosed by the Department as having gender

dysphoria; and

2.

Extensively evaluate youth at a Reception and Classification Center to ensure appropriate

facility placement.

II.

PROCEDURE

A.

Purpose

The purpose of this directive is to establish a written procedure for conducting medical and mental health examinations of youth with gender dysphoria and to address adjustment to the youth center environment as it relates to the conditiondisorder.

B.

Applicability

This directive is applicable to youth centers within the Department.

C.

Facility Reviews

A facility review of this directive shall be conducted at least annually.

D.

Designees

Individuals specified in this directive may delegate stated responsibilities to another person or persons unless otherwise directed.

Case: 1:12-cv-07289 Document #: 85-6 Filed: 07/29/14 Page 2 of 6 PageID #:991 Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Page

DRAFT6/1/2014

E.

Definitions

2 of 6

Number

04.03.104

Gender identity – a person’s internal sense of being male or female regardless of anatomical genitalia at birth or sexual orientation. Gender identity is a result of genetics and environmental influences and may be manifested by appearance, behavior or other aspects of the individual’s lifestyle.

Gender dysphoria – a marked incongruence between one’s experienced/expressed gender and assigned gender, of at least 6 months’ duration, as manifested by at least two of the following: a marked incongruence between one’s experienced/expressed gender and primary and/or secondary sex characteristics; a strong desire to be rid of one’s primary and/or secondary sex characteristics because of a marked incongruence with one’s experienced/expressed gender; a strong desire for the primary and/or secondary sex characteristics of the other gender; a strong desire to be of the other gender; a strong desire to be treated as the other gender; or a strong conviction that one has the typical feelings and reactions of the other gender.

NOTE: The youth may have had cosmetic or other surgery to enhance appearance, undergone hormonal therapy, and frequently lived as a person of the opposite gender in the free community in spite of genetically being a male or female.

Sexual orientation - a pattern of sexual attraction to a specific gender or genders or lack of sexual attraction to a specific gender or genders.

NOTE: Sexual orientation and gender identity are distinct and separate concepts.

F.

General Provisions

1.

Youth who self-identify or are diagnosed as having gender dysphoria shall undergo a

detailed medical history, physical examination, and mental health examination within 24

hours of arrival at Reception and Classification (R&C). This information will then be shared

with the Health Care Unit Administrator who will contact the Facility Medical Director.

2.

The Department shall not perform or allow the performance of any surgery for the specific

purpose of gender change, except in extraordinary circumstances as determined by the

Director after an individualizedin consultation with the Agency Medical Director. Hormone

therapy shall only be provided after an individualized consultation with a mental health

professional and approval of the Agency Medical Director. Youth who may have gender

dysphoria shall be informed of this policy by the Facility Medical Director.

3.

Hormone therapy shall only be provided after consultation with a mental health

professional and approval of the Agency Medical Director.

G. Gender Dysphoria Committee (GDC)

1.

The Agency Medical Director shall establish and head a committee for the purpose of

reviewing placements, security concerns and overall health-related treatment plans of

Case: 1:12-cv-07289 Document #: 85-6 Filed: 07/29/14 Page 3 of 6 PageID #:992 Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Page

DRAFT6/1/2014

3 of 6

Number

04.03.104

youth with dysphoria; and to oversee the gender related accommodation needs of these youth. At a minimum, the committee shall be comprised of the:

a.

Agency Medical Director (no designee);

b.

Chief of Mental Health (no designee);

c.

Transfer R & C Administrator and/or Clinical Services Coordinator;

d.

Deputy Director of Programs;

e.

Deputy Director of Operations; and

f.

Youth and Family Services Supervisor.

H. Reception and Classification Requirements

1.

The Chief Administrative Officer in consultation with the Facility Medical Director shall

establish and maintain a written procedure for detailed medical and mental health

examinations to be conducted during the reception and classification process of any youth

who self-identifies or is diagnosed as having gender dysphoria. The procedure shall

provide for the following:

a. Medical History

(1) As part of the detailed medical history obtained from the youth by a physician, including information about any past illnesses and family medical history, the physician shall also elicit information about:

(a) Sexual activity, specifically, homosexual, heterosexual, or bisexual activity;

(b) Previous operative procedures; and

(c) Hormone therapy.

(2) The physician shall also ask the youth other questions that would:

(a) Illuminate the youth’s own sense of gender identity;

(b) Reveal any plans the youth may have with regard to future gender transition and/or cross-gender expressionsurgery and life style; and

Case: 1:12-cv-07289 Document #: 85-6 Filed: 07/29/14 Page 4 of 6 PageID #:993 Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Page

DRAFT6/1/2014

4 of 6

Number

04.03.104

(c) Reflect whetherthat the youth has amended or plans to amend his or her state identification, driver’s license, orthe original birth certificate.

b. Physical Examination

(1) As part of the detailed physical examination, the physician shall examine the genitalia and shall include a concise description of the present genitalia and any secondary sexual chariscteristics in the physician’s reportspecific attention shall be given to the genitalia.

(a) Youth shall be examined in the standing position as well as on an examining table.

(b) The physical examination report shall include a concise description of the present genitalia.

(2)). If possible, the physician shall contact the physician who was managing the youth’s gender related treatment prior to placement in the custody of the Department for verification of the course of treatment and to obtain relevant medical records.

(3) The Facility Medical Director shall inform the youth of the Department's policy regarding gender reassignment surgery and hormone therapy . Hormone therapy shall only be provided after consultation with a mental health professional and approval by the Agency Medical Director.

c.

Mental Health Examination

(1)). As part of the mental health examination, a psychiatrist shall evaluate the youth using the DSM-V criteria to determine if he or she has gender dysphoria and determine:

(a) The youth’s competency;

(b) The youth’s sexual activity, sexual orientationpreference and current gender identification;

(c) The regularity and history of legitimate prescribed hormone therapy; and

(d) The presence or absence of any counseling activities and goals prior to placement in the custody of the Department.

(2) A Sexual Abuse Risk Screening, DJJ 0429, shall be completed in accordance with Administrative Directive 04.01.301.

Case: 1:12-cv-07289 Document #: 85-6 Filed: 07/29/14 Page 5 of 6 PageID #:994 Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Page

DRAFT6/1/2014

5 of 6

Number

04.03.104

2.

Upon conclusion of the medical history and physical examination:

a.

The Health Care Unit Administrator shall notify the Agency Medical Director the

results of the history and physical examination including:

(1) Anatomical description;

(2) Preference for sexual partners; and

(3) History of any medical or surgical treatment received for the gender dysphoria, including hormone therapy or gender reassignment surgery.

b.

The Agency Medical Director shall documentmake his or her preliminary

determination of gender and recommendations, including, but not limited to,

housing, showering restrictions and hormone therapy.

c.

Upon receipt of the Agency Medical Director’s determination, the Facility Medical

Director shall:

(1) Document the determination of gender and any recommendations of the Agency Medical Director in the progress notes of the medical record; and

(2) Notify the Health Care Unit Administrator and Mental Health Administrator of the youth’s gender and the preliminary recommendations of the Agency Medical Director.

3.

The Health Care Unit Administrator shall notify the Supervisor or Administrator of the R & C

of the determination of the youth’s gender-related needs.

4.

The Supervisor or Administrator of the R & C shall ensure the youth is housed in

accordance with the youth’s gender-related needs.

I.

Parent Youth Center Requirements

1.

Within 30 days of a youth who self-identifies or has been diagnosed with Gender Dysphoria

arriving at his or her assigned parent youth center:

a.

A mental health professional shall complete a social history interview and review

any relevant documentation regarding real-life experience the youth may have had

regarding his or herin the gender identity and expressionrole of the opposite

gender. The history shall include, but may not be limited to, the youth’s

experiences in social situations such as employment, efforts to legally change his

or her name, hormone therapy and gender reassignment surgery or procedures

for preparation for surgery, and experiences during any previous periods of time in

which the youth was in the custody of the Department, if applicable.

Case: 1:12-cv-07289 Document #: 85-6 Filed: 07/29/14 Page 6 of 6 PageID #:995 Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Page

DRAFT6/1/2014

6 of 6

Number

04.03.104

b.

The Gender Dysphoria Committee (GDC) shall review the case and make the final

recommendation for housing and any additional matters that may be of issue such

as, but not limited to, hormone therapy, clothing, showers, searches, etc. The

review and recommendations shall be documented on the Gender Dysphoria

Committee Recommendation, DJJ 0400.

c.

The GDC shall conduct follow-up reviews on an as needed basis.

Authorized by:

Supersedes: 04.03.104

Candice Jones Director
AD

65/1/20142003

Case: 1:12-cv-07289 Document #: 85-7 Filed: 07/29/14 Page 1 of 5 PageID #:996

Illinois
Department of
Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Section

04

Subsection

01

Subject

130

Programs and Services General Provisions Programs and Case Management

Number Page
Effective

04.01.130 1 of 5
DRAFT12/01/2013

I.

POLICY

A.

Authority

730 ILCS 5/3-10-2, 3-10-3 and 5/3-2.5-20

20 Ill. Adm. Code 2420420 and 2503503

Prison Rape Elimination Act National Standards – Juvenile, 28 C.F.R. §§ 115.341 and 115.342

B.

Policy Statement

The Department shall provide comprehensive case management services to all youth committed to youth centers. Staff shall make available a minimum of 12 hours of program services during each weekday, except State holidays, and four hours of program services during each weekend.

II.

PROCEDURES

A.

Purpose

The purpose of this directive is to establish a written procedure governing the responsibilities of staff for the provision and delivery of case management services to youth in accordance with statutes and departmental rules, and to ensure that housing, bed, program, education, and work assignments are made with the goal of keeping all youth safe and free from sexual abuse.

B.

Applicability

This directive is applicable to all youth centers within the Department.

C.

Facility Reviews

A facility review of this directive shall be conducted at least annually.

D.

Definitions

Intersex – a person who’s sexual or reproductive anatomy or chromosomal pattern does not seem to fit typical definitions of male or female.

Transgender – a person whose gender identity (i.e., internal sense of feeling male or female) is different from the person’s assigned sex at birth, and includes youth identified as having gender dysphoria pursuant to Administrative Directive 04.03.104.



Case: 1:12-cv-07289 Document #: 85-7 Filed: 07/29/14 Page 2 of 5 PageID #:997

Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Page

DRAFT12/01/2013

E.

Designees

2 of 5

Number

04.01.130

Individuals specified in this directive may delegate stated responsibilities to another person or persons unless otherwise directed.

F.

Requirements

The Chief Administrative Officer of each youth center shall establish and maintain written procedures to ensure, at a minimum, that the following case management functions are provided.

1.

Orientation

Orientation to the youth center and program for each youth shall be completed within 15 days from the date of arrival at the youth center. The youth shall be requested to sign documentation of the completed orientation.

2.

Establishment of Administrative Review Date

An Administrative Review Date shall be established for each delinquent within the first 60 days of the youth's incarceration within the Department in accordance with Administrative Directive 01.07.255.

3.

Assessment and Assignment Process

a.

A Program Assignment Committee shall initiate the assessment and assignment

process within ten working days after a youth is placed at a youth center and

shall complete the process within 30 days of admission to the youth center.

b.

The committee shall review the following material in the youth's master file prior

to making a recommendation for the youth's assignment:

(1) Academic or vocational records or both;

(2) Medical, psychiatric, and dental reports;

(3) Sexual Abuse Risk Screening(s), DJJ 0429 and Bunk Issues Form(s), DJJ 0428) completed pursuant to Administrative Directive 04.01.301;

(4) Dates of the youth's commitment, recommitment, parole revocation, and custody date, when appropriate;

(5) Committing and prior offenses;

(6) Any pending charges and related court dates; and

(7) Reports regarding:

(a) The youth's need for security and protection;

(b) Outside agency involvement;

Case: 1:12-cv-07289 Document #: 85-7 Filed: 07/29/14 Page 3 of 5 PageID #:998

Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Page

DRAFT12/01/2013

3 of 5

Number

04.01.130

(c) The youth's need for special work with family guardian relationship regarding his or her reintegration with the family or guardian; and

(d) Special peer related concerns.

c.

Minimally, the committee, whenever applicable, shall recommend:

(1) The youth be assigned to a particular living unit or special program unit.

(2) A youth and family specialistcounselor or caseworker be assigned for the youth.

(3) The youth be assigned to a general academic or vocational program (such as work and school) or to a special program.

(4) A written program plan that may include, but is not limited to, the academic or vocational program, employment training, treatment care, behavioral goals, and custody appropriate for the youth. The plan shall:

(a) Identify institutional programming responses to youth program needs as identified by the referring reception unit program assessment report.

(b) For those youth in a regular program, provide for a minimum of 30 hours of programming during the normal work week and four hours of programming on weekends. This program may include structured and unstructured activities provided by staff or volunteers, such as: leisure time, crafts, institution sponsored clubs and organizations, academic or vocational programs, counseling, work, religion, on or off grounds cultural and social events, organized athletic activities, and specialized activities for youth.

d.

Assignments of lesbian, gay, bisexual, transgender, and intersex youth, shall

meet the following additional requirements:

(1) Lesbian, gay, bisexual, transgender, or intersex youth shall not be placed in particular housing, bed, or other assignments solely on the basis of such identification or status.

(2) In making housing and programming assignments for a transgender or intersex youth, including whether to assign the youth to a facility for male or female residents, the committee shall include input from a mental health professional and consider on a cases-by-case basis whether a placement would ensure a youth’s health and safety, and whether the placement would present management or security problems.

i. A transgender or intersex youth’s own views on his or her own safety shall be given serious consideration.

Case: 1:12-cv-07289 Document #: 85-7 Filed: 07/29/14 Page 4 of 5 PageID #:999

Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Page

DRAFT12/01/2013

4 of 5

Number

04.01.130

ii. Transgender and intersex youth shall be given the opportunity to shower separately from other residents. This opportunity shall be provided discretely to avoid singling out the transgender or intersex youth in front of the other youths.

e.

The written program plan shall be reviewed and approved by the Chief

Administrative Officer or the Assistant Chief Administrative Officer (no designee)

and a copy shall be filed in the youth's master file.

f.

The youth and family specialistcounselor or caseworker shall:

(1) Review the approved program plan with the youth and document such review; and

(2) Inform the youth how he or she may request a change in his or her program and that if a request is made and denied, the youth shall be given the basis for the denial in writing and a copy of the denial shall be placed in the youth's master file.

4.

Review of Program Plan

a.

At least once per calendar month, a documented case file review of a delinquent

youth's progress in relation to the objectives detailed in his or her program plan

shall be completed.

b.

ForPlacement and programming assignments for each transgender or intersex

youth, shall be reassessed at least twice pereach year, such documented case

file reviews shall include a to review of any threats to safety experienced by the

youth and the youth’s current housing and programming assignments.

c.

The Chief Administrative Officer shall identify the committee members who shall

be responsible for reviewing the youth's program plan. Youth who will require

alternate placement will need close coordination between the youth center and

aftercareparole.

d.

The chairperson shall facilitate and moderate the staffing and shall ensure:

(1) Input is obtained from staff concerning the youth's progress or problems since the initial program review or the last progress review.

(2) Current youth performance is compared to stipulations in the written program plan.

(3) New youth program goals are negotiated or identified and the program plan is modified where appropriate.

(4) Requests for authorized absences are recommended, reviewed, and submitted to the Program Assignment Committee for processing.

(5) Recommendations for awarding sentencing creditmeritorious good time are made to the Chief Administrative Officer, where appropriate.

Case: 1:12-cv-07289 Document #: 85-7 Filed: 07/29/14 Page 5 of 5 PageID #:1000

ADMINISTRATIVE DIRECTIVE

Illinois Department of Juvenile Justice

Effective

Page

DRAFT12/01/2013

5 of 5

Number

04.01.130

(6) Recommendations for revising the projected Administrative Review Date are made to the Chief Administrative Officer based on programming concerns, where appropriate.

(7) Youth Requests, DJJ 0286, are reviewed and submitted to the Program Assignment Committee.

e.

The documented review of a youth's program plan shall be filed in the master file.

5.

Review of Social Information

The youth's youth and family specialistcounselor or caseworker shall review the documents relating to social information and initiate any indicated changes or corrections in the reception and classification documents, face sheet, or offense history.

6.

Youth and Youth and Family SpecialistCounselor Contact

A youth and family specialistA counselor or caseworker shall have weekly face to face contact with each youth. Such contact shall be documented in the cumulative counseling summary. The youth’s youth and family specialistcounselor or caseworker will complete a new Sexual Abuse Risk Screening at least every 6 months and whenif there reason to believe the information previously obtained has changed.

Authorized by:

Supersedes: 04.01.130

Candice Jones Director

AD

12 6/1/20132009

Case: 1:12-cv-07289 Document #: 85-8 Filed: 07/29/14 Page 1 of 3 PageID #:1001

Illinois
Department of
Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Section

05

Subsection

01

Subject

302

Operations Security Prohibited Cross-Gender Searches

Number Page
Effective

05.01.302 1 of 3
DRAFT12/01/2013

I.

POLICY

A.

Authority

730 ILCS 5/3-2.5-20

20 Ill. Adm. Code 501C

Prison Rape Elimination Act National Standards – Juveniles, 28 C.F.R. §§ 115.313 and 115.315

B.

Policy Statement

Searches of youths and youths’ living areas shall be conducted in accordance with Department Rules, Administrative Directives and policies established by the Chief Administrative Officer.

II.

PROCEDURE

A.

Purpose

The purpose of this directive is to establish written procedures that limit cross-gender searches in accordance with the Prison Rape Elimination Act National Standards.

B.

Applicability

This directive is applicable to all youth centers within the Department.

C.

Facility Review

A facility review of this directive shall be conducted at least annually.

D.

Designees

Individuals specified in this directive may delegate stated responsibilities to another person or persons unless otherwise directed.

E.

Definitions

Exigent circumstances – means any set of temporary and unforeseen circumstances that require immediate action in order to combat a threat to the security or institutional order of the youth center.

Pat–down search – means a running of the hands over the clothed body of a youth to determine whether the youth possesses contraband.

Case: 1:12-cv-07289 Document #: 85-8 Filed: 07/29/14 Page 2 of 3 PageID #:1002
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Page

DRAFT12/01/2013

2 of 3

Number

05.01.302

Strip search – means the removal or arrangement of some or all of a person’s clothing so as to permit visual inspection of the body or undergarments of the youth to determine whether the youth possesses contraband.

Transgender – a person whose gender identity (i.e., internal sense of feeling male or female) is different from the person’s assigned sex at birth, and includes youth identified as having gender dysphoria pursuant to Administrative Directive 04.03.104.

Visual body cavity search – means a strip search that allows for visual inspection, but not physical entry, of the anal or vaginal body cavities.

Intrusive body cavity search – means a visual body cavity search that includes physical entry into a body cavity and may only be performed by medical personnel and pursuant to 20 Ill. Admin. Code 501.220.

F.

Requirements

1.

Searches of Youth

Each youth center shall implement policies, procedures, and a staffing plan that will ensure the following requirements for searches of youth observed:

a.

Pat-down searches shall be conducted in a manner in which only youth’s outer

garments such as coats, jackets, sweaters covering shirts, shoes, hats and gloves

may be removed in a manner that does not expose youth’s body or

undergarments. Pat-down searches shall be conducted by a staff member of the

same gender as the youth, except in exigent circumstances or as provided in Part

F.1.d. below.

b.

Strip searches shall be conducted in an area where the search cannot be

observed by persons not conducting the search. Strip searches shall be

conducted by a staff member of the same gender, except in exigent circumstances

or when performed by medical personnel or as provided in Part F.1.d. below.

c.

All cross-gender pat-down, strip, and body cavity searches shall be documented

and exigent circumstances explained.

d.

Transgender youth shall be allowed to choose the gender of the staff who will

conduct pat-down, strip, and body cavity searches. Pat-down and strip searches

will be conducted by the transgender youth’s staff gender preference, except in

exigent circumstances. Body cavity searches shall be conducted by the

transgender youth’s staff gender preference, except in exigent circumstances or

when performed by medical personnel. All searches that are not conducted by the

transgender youth’s staff gender preference shall be documented and exigent

circumstances explained.

ed. Exigent circumstances do not include routine searches of youth conducted pursuant to Administrative Directive 05.01.113.

Case: 1:12-cv-07289 Document #: 85-8 Filed: 07/29/14 Page 3 of 3 PageID #:1003
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Page

DRAFT12/01/2013

3 of 3

Number

05.01.302

fe. Each youth center shall implement a staffing plan pursuant to Administrative Directive 05.01.101 that ensures adequate same-gender staff is available to conduct routine searches based on anticipated youth furloughs and searches conducted pursuant to Administrative Directive 05.01.113.

gf. Staff shall not search or physically examine a transgender or intersex youth for the sole purpose of determining the youth’s genital status.

2.

Training

All security personnel shall be trained in how to conduct cross-gender pat-down searches and searches of transgender and intersex residents, in a professional and respectful manner, and in the least intrusive manner possible, consistent with security needs.

3.

Youth Living Areas

a.

Each youth center shall implement policies, procedures, and a staffing plan that

enable youth to shower, perform bodily functions, and change clothing without

nonmedical staff of the opposite gender viewing their breasts, buttocks, or

genitalia, except in exigent circumstances or when such viewing is incidental to

routine searches of living area conducted pursuant to Administrative Directive

05.01.111.

b.

Each youth center shall require staff of the opposite gender to announce their

presence when entering an area of a youth housing unit where youth may be

viewed while showering, performing bodily functions, or changing clothes.

Authorized by:

Supersedes: 05.01.302

Candice Jones Director

AD

12/1/2013

Case: 1:12-cv-07289 Document #: 85-9 Filed: 07/29/14 Page 1 of 2 PageID #:1004

2014-2015 School Year and ESY (Summer School)

X = Non-Attendance Day, H = State Employee Holiday, P = Parent/Teacher Conference, T = Teacher Institute

June 2014

July 2014

August 2014

Su M Tu W Th F Sa

Su M Tu W Th F Sa

Su M Tu W Th F Sa

XXXH5

12

6 7 8 9 10 11 12

3XXXXX9

13 14 15 16 17 18 19

10 11 12 13 14 15 16

20 21 22 23 24 25 26

17 18 19 20 21 22 23

27 28 29 30 31

24 25 26 27 28 29 30

31

2014 ESY: 7/7-8/5: 20 Attendance Days

Quarter 1: 8/11-10/17: 43 Attendance Days, 1 Teacher Institute Day, 2 Holidays, 4 Non-Attendance Days

September 2014

October 2014

November 2014

Su M Tu W Th F Sa

Su M Tu W Th F Sa

Su M Tu W Th F Sa

H2 3 4 5 6

1234

1

7 8 9 10 11 12 13

5 6 7 8 9 10 11

2 3H5 6 7 8

14 15 16 17 18 T 20

12 H X X X X 18

9 10 H 12 13 14 15

21 22 23 24 25 26 27

19 20 21 22 23 24 25

16 17 18 19 20 21 22

28 29 30

26 27 28 29 30 P

23 24 25 26 H H 29

30

Quarter 2: 10/20-1/2: 41 Attendance Days, 1 Teacher Institute Day, 1 Parent/Teacher Conference Day, 6 Holidays, 6 Non Attendance Days

December 2014

January 2015

February 2015

Su M Tu W Th F Sa

Su M Tu W Th F Sa

Su M Tu W Th F Sa

123456

HX 3

1234567

7 8 9 10 11 T 13

4 5 6 7 8 9 10

8 9 10 11 H X 14

14 15 16 17 18 19 20

11 12 13 14 15 16 17

15 H 17 18 19 20 21

21 22 23 X H X 27

18 H 20 21 22 23 24

22 23 24 25 26 27 28

28 X X X

25 26 27 28 29 30 31

Quarter 3: 1/5-3/20: 46 Attendance Days, 1 Teacher Institute Day, 3 Holidays, 5 Non-Attendance Days

March 2015

April 2015

Su M Tu W Th F Sa

Su M Tu W Th F Sa

1234567

12X4

8 9 10 11 12 13 14

5 6 7 8 9 10 11

15 T X X X X 21

12 13 14 15 16 17 18

22 23 24 25 26 27 28

19 20 21 22 23 P 25

29 30 31

26 27 28 29 30

May 2015

[4 2]

Su M Tu W Th F Sa

12

3456789

10 11 12 13 14 T 16

17 18 19 20 21 22 23

24 H 26 27 28 29 30

31

Quarter 4: 3/23-6/6: 46 Attendance Days, 1 Teacher Institute Day, 1 Parent/Teacher Conference Day, 1 Holiday, 1 Non Attendance Day, 5 Emergency Days

June 2015

July 2015

August 2015

Su M Tu W Th F Sa EEEEE6
7 X X X X X 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

Su M Tu W Th F Sa 1 XH 4
5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

Su M Tu W Th F Sa 1
2XXXXX8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

14-15 School year: 8/11/14-6/5/15: 176 Attendance Days, 4 Teacher Institute Days, 2 Parent/Teacher Conference Days

2015 ESY: 6/15-7/31: 33 Attendance Days, 1 Holiday, and 1 Non-Attendance Day
The 2014-2015 School Year Calendar Meets all minimum attendance requirements for ISBE. There is no minimum requirement for ESY, but this summer schedule is in line with public school districts. Assuming 6 hours (360 minutes) of class time four days per week, and 3 hours (180 minutes) one day per week, 1/2 day per each two full days of classes can be used for "School Improvement" activities, such as student conferences (staffings), Special Education and other paperwork maintenance, etc. (Citation 105 ILCS 5-18-8.05).

Case: 1:12-cv-07289 Document #: 85-9 Filed: 07/29/14 Page 2 of 2 PageID #:1005
Illinois state employee holidays are highlighted with vertical lines.. Days during which teachers will be able to use benefit time without restriction are highlighted in green.
These days include: 2014: July: 1, 2, 3, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 21, 22, 23, 24, 25, 28, 29, 30, 31 August: 1, 4, 5, 6, 7, 8 September: 19 October: 14, 15, 16, 17, 31 November: none December: 12, 24, 26, 29, 30, 31 2015: January: 2 February: 13 March: 16, 17, 18, 19, 20 April: 3 May: 15 June: 8, 9, 10, 11, 12, 15, 16, 17, 18, 19, 22, 23, 24, 25, 26, 29, 30 July: 1, 2, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17, 20, 21, 22, 23, 24, 27, 28, 29, 30, 31 August: 3, 4, 5, 6, 7

 
 Case: 1:12-cv-07289 Document #: 86 Filed: 07/31/14 Page 1 of 1 PageID #:1006
UNITED STATES DISTRICT COURT FOR THE Northern District of Illinois − CM/ECF LIVE, Ver 6,1
Eastern Division

R. J., et al. v. Candice Jones

Plaintiff, Defendant.

Case No.: 1:12−cv−07289 Honorable Matthew F. Kennelly

NOTIFICATION OF DOCKET ENTRY

This docket entry was made by the Clerk on Thursday, July 31, 2014:
MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 7/31/2014. The Court approves defendant's 7/7/2014 submission of policies pursuant to paragraph I (3) of the remedial plan. Status hearing set for 8/28/2014 at 9:30 a.m. Mailed notice.(pjg, )

ATTENTION: This notice is being sent pursuant to Rule 77(d) of the Federal Rules of Civil Procedure or Rule 49(c) of the Federal Rules of Criminal Procedure. It was generated by CM/ECF, the automated docketing system used to maintain the civil and criminal dockets of this District. If a minute order or other document is enclosed, please refer to it for additional information.
For scheduled events, motion practices, recent opinions and other information, visit our web site at www.ilnd.uscourts.gov.

 
 Case: 1:12-cv-07289 Document #: 87 Filed: 08/01/14 Page 1 of 2 PageID #:1007

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

R.J., et al. vs.

Plaintiffs,

CANDICE JONES, Defendant.

)

)

)

)

Case No.: 12-cv-07289

)

)

Hon. Matthew F. Kennelly

)

)

)

)

DEFENDANT’S SUBMISSION OF POLICIES PURSUANT TO PARAGRAPH I(3) OF THE REMEDIAL PLAN

Defendant Candice Jones, Director of the Illinois Department of Juvenile Justice

(“DJJ”), by her attorney, Lisa Madigan, Attorney General of Illinois, submits the attached

policies for the Court’s review and approval.

1. The remedial plan in this case (Dkt. No. 73) requires the DJJ to develop

certain policies. For each such policy, paragraph I(3) of the plan requires the DJJ to

provide a draft to the court-appointed experts and plaintiffs’ counsel at least 30 days prior

to the deadline specified in the plan, consider in good faith any proposed revisions and

meet and confer upon request, submit the policy to the Court for its review and approval,

and implement the policy.

2. Under the plan, policies addressing two topics are due on August 5, 2014,

which is 120 days from the entry of the plan: group therapy for youths in reception and

classification units (Dkt. No. 73 at ¶ II(9)) and alternative educational programming for

youths in reception and classification units (Id. at III(1)(b))

1

Case: 1:12-cv-07289 Document #: 87 Filed: 08/01/14 Page 2 of 2 PageID #:1008

3. In compliance with the plan, DJJ submits Exhibit A. This exhibit includes

the required policies (plus some additional sections which are not due under the plan, and

which are not submitted for court review and approval, as indicated in the chart below).

The policies are new.

Remedial Plan Requirement

Relevant Exhibit(s)

Policy re group therapy for youths in reception and classification units (II(9))

Exhibit A (NEW) (AD 05.07.102 – Reception Status for Youth), only parts II(G)(6) and H

Policy re alternative educational programming for youths in reception and classification units (III(1)(b))

Exhibit A (NEW) AD 05.07.102 – Reception Status for Youth), only parts II(G)(7-9) and H

4. The DJJ provided (an earlier draft of) Exhibit A to the court-appointed experts and plaintiffs’ counsel on July 7, 2014, as required by the plan. The DJJ has considered the proposed revisions in good faith, and the parties and experts have met and conferred regarding the proposed revisions. The DJJ respectfully requests court approval of the relevant sections of Exhibit A.

Dated: August 1, 2014
LISA MADIGAN Attorney General of Illinois

Respectfully submitted,
/s/ Michael T. Dierkes
Michael T. Dierkes Office of the Illinois Attorney General 100 West Randolph Street, 13th Floor Chicago, Illinois 60601 (312) 814-3000
Counsel for Defendant

2

Case: 1:12-cv-07289 Document #: 87-1 Filed: 08/01/14 Page 1 of 4 PageID #:1009

Illinois
Department of
Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Number Page Effective

05.07.102 1 of 4
(NEW) Draft

Section

05

Operations

Subsection

07

Reception and Classification

Subject

102

Reception Status for Youth

I.

POLICY

A.

Authority

730 ILCS 5/3-2.5-20 and 5/3-7-2

20 Ill. Adm. Code 2504 and 2525

B.

Policy Statement

Upon admission to the Department through a Reception and Classification Center, youth shall be placed in reception status. During reception, youth shall be screened, classified, and oriented to the Department and its rules and programs.

II.

PROCEDURE

A.

Purpose

The purpose of this directive is to establish a reception period at a Reception and Classification Center and to establish the privileges and restrictions associated with the time spent in reception.

B.

Applicability

This directive is applicable to all youth centers designated as Reception and Classification Centers.

C.

Facility Reviews

A facility review of this directive shall be conducted at least annually.

D.

Designees

Individuals specified in this directive may delegate stated responsibilities to another person or persons unless otherwise directed.

E.

Definitions

Reception status - the time that a youth must serve upon admission or return (as an escapee/runaway or MSR or aftercare release violator) to Department Reception and Classification Center.

F.

General Provisions

Case: 1:12-cv-07289 Document #: 87-1 Filed: 08/01/14 Page 2 of 4 PageID #:1010
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Draft

Page

2 of 4

Number

05.07.102

1.

Youth shall be placed in reception status upon admission or return to any Reception and

Classification Center.

2.

The youth's reception status shall terminate upon transfer to an assigned youth center.

3.

Youth in reception status shall:

a.

Be issued at a minimum, a shirt, pants, underwear, socks, shoes, and other

clothing adequate for the season, including a seasonal coat, a sweatshirt, or hat

and gloves, when necessary.

b.

Be served nutritionally adequate meals three times a day.

c.

Be prohibited from possessing any audio or visual equipment.

d.

Be permitted access to reading materials and shall have access to materials from

the facility library and legal library. Physical access to either library need not be

provided.

e.

Not receive any State pay.

f.

Be provided with bedding, soap, personal hygiene products and towels.

g.

Have access to medical and mental health services during daily sick call and in an

emergency.

h.

Have access to chaplaincy services.

i.

Have no restrictions on mail except as provided in 20 Ill. Adm. Code 2525.

4.

Identification cards shall be issued in accordance with Administrative Directive 01.07.806.

G.

Reception Status

During reception status:

1.

Youth shall receive Department orientation and be screened and classified in accordance

with Administrative Directives 05.07.101, 05.05.110, and 05.05.105.

2.

Youth movement shall be escorted.

3.

Youth shall be permitted visits in accordance with Administrative Directive 05.01.106.

4.

Youth shall be permitted access to shower facilities daily.

5.

Youth shall be allowed a phone call to his or her guardian upon admission and twice

weekly follow-up calls while on reception status, under the supervision of the Youth and

Case: 1:12-cv-07289 Document #: 87-1 Filed: 08/01/14 Page 3 of 4 PageID #:1011
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Draft

Page

3 of 4

Number

05.07.102

Family Specialist. During this first call the Youth and Family Specialist shall explain the reception process to the family and answer any questions. These calls shall be documented on Youth Contact Log. This limitation shall not include attorney telephone calls and court ordered calls or calls permitted in emergency situations as approved by the Chief Administrative Officer.

6.

Youth shall have the opportunity to participate in the following mental health sessions

based on the curriculum approved and distributed by the Chief of Mental Health Services

and led by a mental health professional:

a.

Mental Health Orientation;

b.

Review and discussion of the Department’s Policies and procedures regarding the

Department’s sexual harassment and sexual abuse prevention and intervention

program; and

c.

Orientation to Treatment Modalities

Youth participation in these mental health sessions shall be documented by the mental health professional conducting the session.

NOTE: When three or more youth in reception status are available such sessions shall be conducted by a mental health professional through a group modality. When less than three youth in reception status are available for a group session the curriculum shall be covered by the assigned mental health professional during individual sessions prior to youth being transferred to his or her assigned youth center.

7.

Youth shall have access to legal materials in their rooms.

8.

Youth shall have access to self-guided educational materials and library reading materials

as determined appropriate by a School District teacher.

9.

Youth shall have reasonable access to online education as determined appropriate by a

School District teacher and a mental health professional.

10. While in reception status, a youth may also be placed on the confinement unit accordance with applicable Department and youth center policies and procedures.

H.

Reception Programming Schedules

Each Reception and Classification Administrator shall implement weekly youth programming schedules. Weekly schedules shall outline the time and staff member responsible for each program or activity and shall, at a minimum, allow youth to participate the following programs and activities when not involved in the reception process or security issues would override:

1.

Two individual counseling sessions per week with the youth’s assigned mental health

professional;

Case: 1:12-cv-07289 Document #: 87-1 Filed: 08/01/14 Page 4 of 4 PageID #:1012
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Draft

Page

4 of 4

Number

05.07.102

2.

Three structured group programs per week, which may be led by a mental health

professional or other staff member and may include a mental health session required by

paragraph II.G.6;

3.

One hour of direct individual or small group educational instruction per school day provided

by a School District teacher;

4.

Two alternative educational group programs per week; and

5.

Two hours of recreation per day on days where no group programs are scheduled, which

shall include one hour of physical activity, or one hour of recreation providing physical

activity on days where there are group lectures or programs scheduled.

The topics and content of the reception programs may be standardized to address some of the more common needs and interests of youth in reception status, but the programs scheduled should also consider the particular needs and interests of the individual youth participating in the program. Some examples of appropriate topics may include; current events, literacy skills, anger management, bullying, peer pressure, peace circles, respecting differences, goal setting, career exploration, educational assessments, social skills training, strategies for success in school, strategies for staying out of prison, drug and alcohol education, self-advocacy skills, negative and positive support systems, or family cycles and influences.

Authorized by

Candice Jones Director

 
 Case: 1:12-cv-07289 Document #: 102 Filed: 10/20/14 Page 1 of 4 PageID #:1061

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

R.J., et al. vs.

Plaintiffs,

CANDICE JONES, Defendant.

)

)

)

)

Case No.: 12-cv-07289

)

)

Hon. Matthew F. Kennelly

)

)

)

)

DEFENDANT’S SUBMISSION OF POLICIES PURSUANT TO PARAGRAPH I(3) OF THE REMEDIAL PLAN

Defendant Candice Jones, Director of the Illinois Department of Juvenile Justice

(“DJJ”), by her attorney, Lisa Madigan, Attorney General of Illinois, submits the attached

policies for the Court’s review and approval.

1. The remedial plan in this case (Dkt. No. 73) requires the DJJ to develop

certain policies. For each such policy, paragraph I(3) of the plan requires the DJJ to

provide a draft to the court-appointed experts and plaintiffs’ counsel at least 30 days prior

to the deadline specified in the plan, consider in good faith any proposed revisions and

meet and confer upon request, submit the policy to the Court for its review and approval,

and implement the policy.

2. Pursuant to the remedial plan and related court orders, policies addressing

ten topics are due on October 20, 2014: individualized mental health treatment plans and

coordination of treatment (Dkt. No. 73 at II(6)), group therapy for youths in reception and

classification units (II(9)), alternative educational programming for youths in reception

and classification units (III(1)(b)), substitute teachers (III(4)), confinement and restricted

1

Case: 1:12-cv-07289 Document #: 102 Filed: 10/20/14 Page 2 of 4 PageID #:1062
movement (IV(1)), confinement liaison (IV(2)), confinement conditions (IV(3)), individualized youth development plans (V(3)), limits on mechanical restraints (V(9)), and general programming (V(10)).1
3. In compliance with the remedial plan and related court orders, DJJ submits Exhibits A to J. These exhibits include the required policies (plus some additional sections which are not due under the plan, and which are not submitted for court review and approval, as indicated in the chart below). The chart indicates which of these policies are new and which are modified from existing policies. For the policies which are modified from existing policies, DJJ has attached redlined versions showing what changes were made.
1 DJJ filed the policies required by Parts II(9) and III(1)(b) of the remedial plan on August 1, 20104 (Dkt. No. 87), but the Court deferred approval to permit the parties to discuss the addition of one sentence requested by plaintiffs’ counsel. The sentence has been added and DJJ now requests approval of these policies (Exhibit B). The other policies attached hereto were initially due on October 6, 2014 (180 days from entry of the plan), but the parties obtained a 14-day extension. (Dkt. Nos. 93, 97) Finally, by November 5, 2014, DJJ will provide a draft special education policy (Part III(8) of the plan) to plaintiffs’ counsel and the court-appointed monitors (Dkt. Nos. 95, 87), and will file the policy 30 days thereafter.
2

Case: 1:12-cv-07289 Document #: 102 Filed: 10/20/14 Page 3 of 4 PageID #:1063

Remedial Plan Requirement
Policy re individualized mental health treatment plans and coordination of treatment (II(6))
Policy re group therapy for youths in reception and classification units (II(9)) and alternative educational programming for youths in reception and classification units (III(1)(b))
Policy re substitute teachers (III(4))
Policy re confinement and restricted movement (IV(1))

Relevant Exhibit(s)
Exhibit A (NEW) (AD 04.04.101, NonEmergency Mental Health Services)
Exhibit B (NEW) (AD 05.07.102, Reception Status for Youth), only parts II(G)(6-9) and H
Exhibit C (NEW) (IDJJ School District Board Policy 5:220, Professional Personnel – Substitute Teachers)
Exhibit D (NEW) (Proposed Rule 20 Ill. Admin. Code 2504.30 et seq.)

Policy re confinement liaison (IV(2))

Exhibit E (NEW) (Policy/Procedural Bulletin 046, Confinement Liaison)

Policy re confinement conditions (IV(3))

Exhibit F (NEW) (Proposed Rule Ill. Admin. Code 2502.205 et seq., Clothing, Bedding, Linens, and Room Conditions)

Exhibit G (AD 05.02.140, Safety and Sanitation Inspections) (no changes from existing AD in effect since 2013)

Policy re individualized youth development Exhibit H (REVISED) (AD 04.01.130,

plans (V(3)) and general programming

Programs and Case Management)

(V(10))

Policy re limits on mechanical restraints (V(9))

Exhibit I (REVISED) (AD 05.01.126, Security Restraints)

Exhibit J (REVISED) (Proposed Rule 20 Ill. Admin. Code 2501.105 et seq., General Security), except for Section 2501.120

3

Case: 1:12-cv-07289 Document #: 102 Filed: 10/20/14 Page 4 of 4 PageID #:1064

4. The DJJ provided (earlier drafts of) Exhibits A to J to the court-appointed experts and plaintiffs’ counsel, as required by the plan and related court orders. The DJJ has considered the proposed revisions in good faith, and the parties and experts have met and conferred regarding the proposed revisions. The DJJ respectfully requests court approval of the relevant sections of Exhibits A to J.

Dated: October 20, 2014
LISA MADIGAN Attorney General of Illinois

Respectfully submitted,
/s/ Michael T. Dierkes
Michael T. Dierkes Office of the Illinois Attorney General 100 West Randolph Street, 13th Floor Chicago, Illinois 60601 (312) 814-3000
Counsel for Defendant

4

Case: 1:12-cv-07289 Document #: 102-1 Filed: 10/20/14 Page 1 of 4 PageID #:1065

Illinois
Department of
Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Section

04

Subsection

04

Subject

101

Programs and Services Mental Health Non-Emergency Mental Health Services

Number Page Effective

04.04.101 1 of 6 DRAFT

I.

POLICY

A.

Authority

730 ILCS 5/3-2.5-20

20 Ill. Adm. Code 2415

B.

Policy Statement

The Department of Juvenile Justice shall provide youth mental health services as clinically indicated.

II.

PROCEDURE

A.

Purpose

The purpose of this directive is to define the responsibilities of those employees involved in the provision of mental health services to youth.

B.

Applicability

This directive is applicable to all youth centers within the Department.

C.

Facility Reviews

A facility review of this directive shall be conducted at least semi-annually.

D.

Designees

Individuals specified in this directive may delegate stated responsibilities to another person or persons unless otherwise directed.

E.

General Provisions

1.

Receipt of mental health services shall be voluntary, unless otherwise clinically indicated.

2.

The Chief of Mental Health shall develop and maintain a Mental Health Protocol Manual

and ensure the Treatment Unit Administrator for each youth center receives a manual and

any updates.

3.

Non-emergency and routine mental health services shall be provided in accordance with

the standards established in the Mental Health Protocol Manual.

Case: 1:12-cv-07289 Document #: 102-1 Filed: 10/20/14 Page 2 of 4 PageID #:1066

F.

Requirements

The Treatment Unit Administrator youth center shall:

1.

Maintain the Mental Health Protocol Manual for his or her youth center and ensure mental

health staff is notified of updates.

2.

Ensure mental health staff is aware of procedures for obtaining and documenting consent

for services or refusal for treatment, as appropriate. Limits of confidentiality, including duty

to warn, shall be discussed with the youth when mental health services are rendered.

3.

Ensure all non-emergency mental health services are provided as follows, and in

accordance with the Mental Health Protocol Manual:

a.

All mental health records shall be documented in writing and shall be filed in the

youth’s medical file.

b.

An individualized mental health treatment plan shall be established for all youth

requiring on-going mental health services. The initial treatment plan will be

developed within 21 days of arrival at parent facility and shall be updated

accordingly throughout a youth’s commitment.

(1) All treatment plans shall be documented on the Mental Health Treatment Plan, DJJ 0284, and shall be signed by the assigned MHP and the youth receiving services.

NOTE: When not signed by the youth, the reason shall be documented on the DJJ 0284.

(2) Treatment plans shall be reviewed monthly with the youth and with the youth’s multidisciplinary team at the monthly staffing, or sooner, when clinically indicated. Reviews shall be documented on the Mental Health Treatment Plan Review, DJJ XXXX.

(3) Within three to one month prior to a youth’s expected release date, the MHP shall review the youth’s treatment plan with the youth’s assigned Aftercare Specialist. In consultation with the Aftercare Specialist, the MPH shall make recommendations for the youth’s continued mental health treatment in the community upon release Such recommendations shall be documented on the Aftercare Mental Health Services Referral, DJJ XXXX.

(4) The MHP shall make every reasonable effort to review the initial treatment plan, any significant changes to the treatment plan, and the aftercare mental health services recommendations with the youth’s parent or guardian.

c.

Youth who are awaiting transfer to a specialized mental health setting or the

Department of Human Services and who are not on a crisis watch status shall be:

(1) Monitored at least daily by a mental health professional (when on grounds) or a Crisis Team Member (when no MHP in on grounds);

(2) Monitored by a psychiatrist until the transfer is effected as psychiatrically or medically indicated; and

(3) Provided with medication or other treatment, as psychiatrically or medically indicated.

Case: 1:12-cv-07289 Document #: 102-1 Filed: 10/20/14 Page 3 of 4 PageID #:1067

d.

Youth who are returned to general population from a specialized mental health

setting (unless transferred within the same youth center), psychiatric

hospitalization, or the Department of Human Services shall be:

(1) Evaluated by the receiving youth center's mental health professional on the day of arrival at the youth center.

(2) Assigned to a mental health professional for weekly individual therapy and group therapy if clinically indicated.

(3) The treatment plan for youth returned to general population from a specialized mental health setting, psychiatric hospitalization, or the Department of Human Services shall be consistent with what has been documented to be effective for the youth or has been recommended by staff at that mental health treatment provider, unless alternative treatments are determined to be clinically preferable.

e.

Psychotropic medication shall only be administered after the youth, or parent or

guardian of a youth under 18 years of age, has provided his or her informed

consent or in accordance with Department Rule 2415.70.

(1) The Health Care Unit Administrator shall maintain updated and medically accurate medication information sheets on all psychotropic medications. These information sheets shall contain comprehensive information on:

(a) The more common and less common side effects of the medication;

(b) How the medication is administered and monitored;

(c) What symptoms the medication is used to treat; and

(d) Alternative medications that treat the same symptoms and the side effects of those medications.

(2) Informed consent is obtained when:

(a) The prescribing psychiatrist or nurse has explained the youth’s diagnosis, the risks and benefits of medication, the alternatives to medication, and potential ramifications of not using any medication, and reviewed all the information contained in the medication information sheet with:

(i)

The youth, if the youth is 18 years of age or older; or

(ii)

The youth and the youth’s parent or guardian, if the youth

is under the age of 18; and

(b) The youth or parent or guardian, as applicable, has executed the Medication Consent Form, DJJ 0442.

Note: A parent’s or guardian’s consent may be obtained verbally over the phone after the contents of the medication information sheet have been thoroughly explained, however, if consent is given verbally, subsequent reasonable efforts should be made to obtain a parent guardian signature on the DJJ 0442.

(3) When the prescribing psychiatrist has determined that administering

Case: 1:12-cv-07289 Document #: 102-1 Filed: 10/20/14 Page 4 of 4 PageID #:1068
psychotropic medication is in the medical interest of a youth under 18 years of age, the youth center nurse shall:
(a) Attempt to contact the youth’s parent or guardian to obtain informed consent, and
(b) Mail the medication information sheet and DJJ 0442 to the youth’s parent or guardian.
(4) If the nurse is unable to get in contact to the youth’s parent or guardian, follow up phone calls or other attempts to contact the parent or guardian shall be made weekly, until and unless, a psychiatrist or physician orders the administration of the medication pursuant to Department Rule 2415.70.

Authorized by:

Supersedes: 04.04.101

Candice Jones Director
AD

8/1/2005

Case: 1:12-cv-07289 Document #: 102-2 Filed: 10/20/14 Page 1 of 4 PageID #:1069

Illinois
Department of
Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Number Page Effective

05.07.102 1 of 4
(NEW) Draft

Section

05

Operations

Subsection

07

Reception and Classification

Subject

102

Reception Status for Youth

I.

POLICY

A.

Authority

730 ILCS 5/3-2.5-20 and 5/3-7-2

20 Ill. Adm. Code 2504 and 2525

B.

Policy Statement

Upon admission to the Department through a Reception and Classification Center, youth shall be placed in reception status. During reception, youth shall be screened, classified, and oriented to the Department and its rules and programs.

II.

PROCEDURE

A.

Purpose

The purpose of this directive is to establish a reception period at a Reception and Classification Center and to establish the privileges and restrictions associated with the time spent in reception.

B.

Applicability

This directive is applicable to all youth centers designated as Reception and Classification Centers.

C.

Facility Reviews

A facility review of this directive shall be conducted at least annually.

D.

Designees

Individuals specified in this directive may delegate stated responsibilities to another person or persons unless otherwise directed.

E.

Definitions

Reception status - the time that a youth must serve upon admission or return (as an escapee/runaway or MSR or aftercare release violator) to Department Reception and Classification Center.

F.

General Provisions

Case: 1:12-cv-07289 Document #: 102-2 Filed: 10/20/14 Page 2 of 4 PageID #:1070
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Draft

Page

2 of 4

Number

05.07.102

1.

Youth shall be placed in reception status upon admission or return to any Reception and

Classification Center.

2.

The youth's reception status shall terminate upon transfer to an assigned youth center.

3.

Youth in reception status shall:

a.

Be issued at a minimum, a shirt, pants, underwear, socks, shoes, and other

clothing adequate for the season, including a seasonal coat, a sweatshirt, or hat

and gloves, when necessary.

b.

Be served nutritionally adequate meals three times a day.

c.

Be prohibited from possessing any audio or visual equipment.

d.

Be permitted access to reading materials and shall have access to materials from

the facility library and legal library. Physical access to either library need not be

provided.

e.

Not receive any State pay.

f.

Be provided with bedding, soap, personal hygiene products and towels.

g.

Have access to medical and mental health services during daily sick call and in an

emergency.

h.

Have access to chaplaincy services.

i.

Have no restrictions on mail except as provided in 20 Ill. Adm. Code 2525.

4.

Identification cards shall be issued in accordance with Administrative Directive 01.07.806.

G.

Reception Status

During reception status:

1.

Youth shall receive Department orientation and be screened and classified in accordance

with Administrative Directives 05.07.101, 05.05.110, and 05.05.105.

2.

Youth movement shall be escorted.

3.

Youth shall be permitted visits in accordance with Administrative Directive 05.01.106.

4.

Youth shall be permitted access to shower facilities daily.

5.

Youth shall be allowed a phone call to his or her guardian upon admission and twice

weekly follow-up calls while on reception status, under the supervision of the Youth and

Case: 1:12-cv-07289 Document #: 102-2 Filed: 10/20/14 Page 3 of 4 PageID #:1071
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Draft

Page

3 of 4

Number

05.07.102

Family Specialist. During this first call the Youth and Family Specialist shall explain the reception process to the family and answer any questions. These calls shall be documented on Youth Contact Log. This limitation shall not include attorney telephone calls and court ordered calls or calls permitted in emergency situations as approved by the Chief Administrative Officer.

6.

Youth shall have the opportunity to participate in the following mental health sessions

based on the curriculum approved and distributed by the Chief of Mental Health Services

and led by a mental health professional:

a.

Mental Health Orientation;

b.

Review and discussion of the Department’s Policies and procedures regarding the

Department’s sexual harassment and sexual abuse prevention and intervention

program; and

c.

Orientation to Treatment Modalities

Youth participation in these mental health sessions shall be documented by the mental health professional conducting the session.

NOTE: When three or more youth in reception status are available such sessions shall be conducted by a mental health professional through a group modality. When less than three youth in reception status are available for a group session the curriculum shall be covered by the assigned mental health professional during individual sessions prior to youth being transferred to his or her assigned youth center.

7.

Youth shall have access to legal materials in their rooms.

8.

Youth shall have access to self-guided educational materials and library reading materials

as determined appropriate by a School District teacher.

9.

Youth shall have reasonable access to online education as determined appropriate by a

School District teacher and a mental health professional.

10. While in reception status, a youth may also be placed on the confinement unit accordance with applicable Department and youth center policies and procedures.

H.

Reception Programming Schedules

Each Reception and Classification Administrator shall implement weekly youth programming schedules. Weekly schedules shall provide all youths with the opportunity to spend at least eight hours per day outside their rooms engaged in supervised activities, including the various programs and activities identified in this Administrative Directive, and the reception process, but not including meals or showers. Weekly schedules shall outline the time and staff member responsible for each program or activity and shall, at a minimum, allow youth to participate the following programs and activities when not involved in the reception process or security issues would override:

Case: 1:12-cv-07289 Document #: 102-2 Filed: 10/20/14 Page 4 of 4 PageID #:1072
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Draft

Page

4 of 4

Number

05.07.102

1.

Two individual counseling sessions per week with the youth’s assigned mental health

professional;

2.

Three structured group programs per week, which may be led by a mental health

professional or other staff member and may include a mental health session required by

paragraph II.G.6;

3.

One hour of direct individual or small group educational instruction per school day provided

by a School District teacher;

4.

Two alternative educational group programs per week; and

5.

Two hours of recreation per day on days where no group programs are scheduled, which

shall include one hour of physical activity, or one hour of recreation providing physical

activity on days where there are group lectures or programs scheduled.

The topics and content of the reception programs may be standardized to address some of the more common needs and interests of youth in reception status, but the programs scheduled should also consider the particular needs and interests of the individual youth participating in the program. Some examples of appropriate topics may include; current events, literacy skills, anger management, bullying, peer pressure, peace circles, respecting differences, goal setting, career exploration, educational assessments, social skills training, strategies for success in school, strategies for staying out of prison, drug and alcohol education, self-advocacy skills, negative and positive support systems, or family cycles and influences.

Authorized by

Candice Jones Director

Case: 1:12-cv-07289 Document #: 102-3 Filed: 10/20/14 Page 1 of 1 PageID #:1073

Illinois Department of Juvenile Justice School District  
Professional Personnel

Board Policy 5:220

Substitute Teachers

1. The District may employ substitute teachers as necessary to replace teachers who are temporarily absent.

2. The Principal of each Department school shall maintain a list of at least five approved substitute teachers and shall contact such approved substitute teachers as needed in the event of a teacher absence. Such approved substitute teachers must:

A. Hold either a valid Illinois Professional Educator License or Substitute Teaching License;

B. Be either a retired or former Department or District employee who left in good standing or a current regular Department volunteer; and

C. Have completed the substitute teacher training developed by the Superintendent.

3. A substitute teacher may teach in the place of a licensed teacher who is under contract with the Board. There is no limit on the number of days that a substitute teacher may teach in the District during the school year. However the number of days that a substitute teacher may teach for any one licensed teacher under contract with the District is limited as follows:

A. A licensed substitute teacher may teach only for a period not to exceed 90 school days in the same school year.

B. A licensed teacher may teach only for a period not to exceed 120 school days in the same school year.

4. The District shall establish a standard rate of pay for substitute teachers. Substitute teachers shall receive only monetary compensation for time worked and no other benefits.

5. A substitute teacher may teach when no licensed teacher is under contract with the Board if the District has an emergency situation as defined in State law. During an emergency situation, a substitute teacher is limited to 30 calendar days of employment per each vacant position.

Legal Reference: 105 ILCS 5/21-9 and 5/21B-20(3). 23 Ill.Admin.Code §1.790.

Case: 1:12-cv-07289 Document #: 102-4 Filed: 10/20/14 Page 1 of 10 PageID #:1074
10/20/2014
Draft Admin. Code Revisions R.J. v. Jones - Confinement
Section 2504.30 Preparation of Disciplinary Reports
a) Every employee has the duty to observe the conduct of youth.
b) When the rule infraction is minor, every effort should be made to take corrective action that is adapted to individual circumstances, administered immediately and consistently, and is understood by the youth through appropriate counseling efforts. If an employee observes a youth committing a potentially major offense, discovers evidence of its commission, or receives information from a reliable witness of such conduct, the employee shall promptly prepare a disciplinary report. When the rule infraction is potentially major and may justify placement on investigative status, the shift supervisor should be contacted immediately. Use of confinement in response to an offense must be consistent with the requirements of Subpart B.
c) The disciplinary report must be fully completed. The reporting employee shall provide the following information to the extent known or available.
1) The name and youth identification number of the youth.
2) The place, time, and date of the offense.
3) The offense that the youth is alleged to have committed.
4) A written statement of the conduct observed.
5) The names of youth, employees, and visitors who were witnesses. The identity of witnesses may be withheld for reasons of security provided a statement to that effect and the information the confidential source provided are included on the disciplinary report to the extent the information can be included without jeopardizing security.
6) The signature of the reporting employee and the date and time the report is completed.
d) If a youth is placed on investigative status, an investigative report shall be issued that reasonably informs the youth of the subject of the investigation to the extent that safety and security allow.
e) Service of a disciplinary report or investigative report upon the youth shall commence the disciplinary proceeding. If a youth is currently confined on investigative status, he or she must be served with an investigative report within 12 hours after placement in confinement. In no event shall a disciplinary report or
 

Case: 1:12-cv-07289 Document #: 102-4 Filed: 10/20/14 Page 2 of 10 PageID #:1075
investigative report be served upon any youth more than 6 days, after the commission of an offense or the discovery thereof unless the youth is unavailable or unable to participate in the proceeding.
Section 2504.50 Review of Disciplinary Reports
a) The Chief Administrative Officer of each facility shall designate one or more Internal Investigators.
b) If a youth is currently confined on investigative status and an investigative report has not been served on the youth within 12 hours after placement in confinement, the Internal Investigator shall inform the Chief Administrative Officer.
c) A youth who is placed on investigative status shall be interviewed by the Internal Investigator in order to permit the youth an opportunity to present his or her views regarding the incident. The interview shall be conducted within 3 days after initial placement of a youth in investigative status, whenever possible.
1) If the investigation does not indicate that the youth may be guilty of any disciplinary offense, placement in investigative status shall be terminated and the report shall be expunged from the youth's records. A copy shall be maintained in an expungement file. This decision shall be made by the Chief Administrative Officer and shall be documented in writing.
2) If, as a result of the investigation, it is necessary to amend or modify the original charges, the youth shall be issued a revised disciplinary report.
3) Upon completion of the investigation, the youth shall appear before the Adjustment Committee for a hearing on the disciplinary report unless the report has been expunged.
d) The Internal Investigator shall review each disciplinary report and determine whether:
1) The reported facts justify a disciplinary hearing. If not, the report shall be expunged from the youth's records. A copy shall be maintained in an expungement file.
2) The disciplinary report has been completed properly. If not, the Internal Investigator shall make the necessary corrections or direct the reporting employee to make the corrections. The youth shall be provided with a copy of the corrected report. In the event the corrected report contains new charges, the youth shall be provided a copy of the corrected report at least 24 hours prior to the hearing, unless the youth waives this notice in writing.
3) The offense is major or minor in nature. Disciplinary reports for major offenses shall be assigned to the Adjustment Committee for a hearing and
 

Case: 1:12-cv-07289 Document #: 102-4 Filed: 10/20/14 Page 3 of 10 PageID #:1076
disciplinary reports for minor offenses shall be assigned to the Program Unit for a hearing.
A) Aiding and abetting, soliciting, attempting to commit, conspiring to commit, or committing any offense listed in the 100, 200, or 500 series of Table A shall be considered a major offense.
B) Those offenses listed in the 300 or 400 series or the aiding and abetting, soliciting, attempting to commit, or conspiring to commit any of these offenses shall be designated as major or minor based on the seriousness of the offense and the following factors :
i) The aggressiveness of the youth;
ii) The threat posed to the safety and security of the facility or any person;
iii) The need to restrict the youth's access to general population to conduct the investigation; or
iv) The seriousness of the offense.
SUBPART B: CONFINEMENT PROCEDURES
Section 2504.210 Definitions
"Chief Administrative Officer" means the highest ranking official of a youth center.
"Confinement" means intentionally keeping a youth separate from all other youth, removing a youth from the general population, restricting the movement of a youth, or confining a youth to a room or area for any period of time for the reasons defined herein regardless of whether the youth is placed on a confinement unit. Confinement of a youth for any reason not defined in this rule is not permitted.
“Confinement unit” – means an area within the youth center designated by the Chief Administrative Officer to house youth who, for safety and security reasons, require close supervision and limited out of room time, access to privileges, and contact with other youth. Youth may only be placed in the confinement unit in accordance with Section 2504.220.
“Confinement decision” means a decision by a staff member to initially confine a youth, to continue or change the basis for confinement, to remove a youth from confinement, to initially restrict access to programs or services of a youth on confinement, or continue or adjust such restrictions.
"Department" means the Department of Juvenile Justice.
 

Case: 1:12-cv-07289 Document #: 102-4 Filed: 10/20/14 Page 4 of 10 PageID #:1077
“Deputy Director of Operations” means the Deputy Director of Operations of the Department of Juvenile Justice.
"Director" means the Director of the Department of Juvenile Justice.
"Youth" means a person committed to the Department or to the custody of the Department.
“Investigative Status” means a status given to a youth who is temporarily confined, after approval of the Deputy Director of Operations, where confinement is necessary for the efficient and effective investigation of a major offense as defined in Section 2504.50.
“Administrative Hold” means the status of a youth who is temporarily being housed in a particular youth center, and includes, but is not limited to, youth awaiting transfer to the Department of Corrections or another youth center, youth permanently assigned to another youth center being housed for purposes of attending court, youth awaiting release or who were delivered to the Department by mistake.
“Confinement Status” means a status assigned to a youth who exhibits or threatens violent, aggressive, or uncontrolled behavior and poses a serious an immediate threat to his or her own safety, the safety of others, or the security of the facility.
“Behavioral Hold” means the confinement of a youth to their own room or other area, separate from the confinement unit, when a youth has violated a department or youth center rule, failed to follow instructions of youth center staff, or otherwise behaved in a disruptive manner.
“Crisis Status” means a status assigned to a youth who exhibits behavior suggestive of acute mental or emotional disorder or suicidal ideation.
“Medical Hold” means the confinement of a youth ordered by a physician for purposes of medical quarantine, recovery, or observation.
Section 2504.215 Responsibilities
a) Unless otherwise specified, the Director, Deputy Director of Operations, 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, Deputy Director of Operations, or Chief Administrative Officer shall personally perform the duties. However, the Director, Deputy Director of Operations, 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.
Section 2504.220 Placement in the Confinement Unit
 

Case: 1:12-cv-07289 Document #: 102-4 Filed: 10/20/14 Page 5 of 10 PageID #:1078
The confinement of a youth in the confinement unit must comply with the following requirements:
a) The Chief Administrative Officer may designate an area within the youth center, separate from all other youth, as the confinement unit. Youth may be removed from the general population and place in the confinement unit only under the following conditions:
1) When a youth is placed on Investigative Status he or she may be placed in the confinement unit. Such confinement must comply with the requirements of Section 2504.250;
2) When a youth is placed on Confinement Status he or she may be placed in the confinement unit only until the youth regains self-control and for no longer than 24 hours;
3) When a youth is on an Administrative Hold and is awaiting transfer to the Department of Corrections or a more secure setting, or the Chief Administrative Officer documents other safety or security reasons why a less restrictive form of housing is not appropriate he or she may be placed in the confinement unit for a maximum of 3 business days;
4) When a youth is on an Administrative Hold for reasons other than those described in paragraph 3 above, he or she may be housed in the confinement unit for a maximum of 24 hours; and
5) When a youth is on Crisis Status he or she may be placed in the confinement unit only when a mental health professional determines that such placement is necessary to prevent physical harm to self or others and a less restrictive area is not available or sufficient.
A) The necessity of such placement shall be reviewed by a mental health professional every 24 hours, and if placement in the confinement unit is still necessary after three days, the youth shall be evaluated for psychiatric hospitalization.
B) Such youth must be removed from the confinement unit once the risk of physical harm to self or others ends or a less restrictive area become available or sufficient.
6) When a youth is on a Medical Hold he or she may be placed in the confinement unit only when ordered by a physician after a determination that a less restrictive area is not available or sufficient to meet the youth’s medical needs. The necessity of such placement shall be reviewed by a physician every 24 hours.
b) While on the confinement unit, visual checks and verbal communications required
 

Case: 1:12-cv-07289 Document #: 102-4 Filed: 10/20/14 Page 6 of 10 PageID #:1079
by Section 2504.230(e) shall be made no less than every 15 minutes
c) All other confinement of youth must occur in their rooms or living areas or in another area designated by the Chief Administrative Officer and under the conditions as otherwise provided in this Subpart.
Section 2504.230 General Confinement Requirements
All confinement, regardless or basis or location, must comply with the following requirements:
a) All confinement decisions shall be documented and justified in writing as soon as practical by the staff member making such decision.
b) The Chief Administrative Officer shall be notified of all decisions to confine for any reason as soon as possible and shall review all documentation justifying such decisions.
c) Any medical complaint registered by the youth or possible medical concern observed by staff while in confinement shall be reported immediately to the medical staff, if on duty, or to the shift supervisor who shall contact a member of the medical staff immediately.
d) Visual checks by youth center staff shall be made of all youth in confinement no less than every 30 minutes, shall include a verbal confirmation from the youth during waking hours, and during sleeping hours if and as often as ordered by a physician or mental health professional, and shall be documented.
e) Use of physical restraints on youth in confinement must comply with 20 Ill. Adm. Code 2501.Subpart B.
f) Youth in confinement shall be provided time outside the room for daily showers, personal grooming, and recreation.
g) Youth confined for 24 hours or more shall be provided a minimum of 4 hours of out-of-room time for every 24-hour period, including at least one hour of largemuscle exercise. This hour of exercise shall be out doors when weather permits.
1) Such out-of-room time may be restricted on orders of the Chief Administrative Officer when release of the youth poses a threat to the safety of the individual or others or to the security of the facility. Such determinations shall be documented and justified.
2) All out-of-room movement shall be documented
h) Youth confined for 24 hours or more shall be interviewed daily by a mental health professional.
 

Case: 1:12-cv-07289 Document #: 102-4 Filed: 10/20/14 Page 7 of 10 PageID #:1080
i) Anytime a youth is in confinement for 18 consecutive hours or on more than 10 occasions in any 30 day period, the Deputy Director of Operations shall be notified immediately and all documentation justifying such confinement shall be forwarded to him or her.
j) The parents or guardian of a youth under 18 years of age shall be notified anytime such youth is confined for 24 hours or more.
k) Youth in confinement shall continue to receive the mental health services they ordinarily receive.
l) Youth in confinement shall have the opportunity to receive the educational services they ordinarily receive, unless the Chief Administrative Officer personally determines that providing such services to the youth poses a threat to the physical safety of the individual or others or to the security of the youth center. Such determinations shall be documented and justified.
m) Youth in confinement shall be permitted to have family, attorney, and clergy visits. Family and clergy visits may be restricted by order of the Chief Administrative Officer when the youth poses a threat to the physical safety of the individual or others or to the security of the youth center. Such determinations shall be documented and justified.
n) Reading materials shall be provided to the youth for use in the room provided the materials are not abused. Youth shall be provided access to writing materials daily, outside the room. Any abuse of reading or writing materials must be documented on a disciplinary report and may result in temporary restriction except for communication to counsel or the court. Such determinations shall be documented and justified.
o) The Department shall maintain cumulative data on all confinement decisions.
Section 2504.240 Confinement Status
a) A youth may be placed on Confinement Status and confined in the confinement unit or other area designated by the Chief Administrative Officer when he or she exhibits or threatens violent, aggressive, or uncontrolled behavior and poses a serious threat to his or her own safety, the safety of others, or the security of the facility.
b) Such confinement must end when the youth regains self-control and may not exceed 24 hours in duration.
c) Unless sooner removed from confinement, within one hour of confinement and every hour thereafter if the youth is awake, a supervisory staff member shall meet with the youth to assess whether the youth has regained self-control.
 

Case: 1:12-cv-07289 Document #: 102-4 Filed: 10/20/14 Page 8 of 10 PageID #:1081
d) If a youth has not regained self-control after 4 hours in confinement, a mental health professional or other staff specifically trained in crisis response shall meet with the youth, attempt to assist the youth in regaining self-control, and assess whether the youth has any immediate needs for additional mental health services. Such staff shall continue such check in every 2 hours if the youth is awake, until the youth is removed from Confinement Status.
Section 2504.250 Investigative Status
a) A youth may be placed on Investigative Status and confined in the confinement unit or other area designated by the Chief Administrative Officer when that youth is alleged to have committed a major offense as defined 2504.50, the temporary confinement is necessary for the efficient and effective investigation of the offence, and such confinement is personally approved by the Deputy Director of Operations.
b) Such confinement must end when, regardless of the maximum time established, the Internal Investigator, Chief Administrative Officer, or Deputy Director of Operations determines that continued confinement is no longer necessary for the efficient and effective investigation of the offence.
c) Such confinement may continue for a maximum of 4 days, unless:
1) The investigation is being conducted by an outside agency and the agency submits to the Deputy Director of Operations documentation supporting why continued placement in the confinement unit is necessary; or
2) In the event that an investigation cannot be completed within 4 days due to an institutional emergency, and the Deputy Director of Operations personally authorizes, in writing, an extension of up to 4 days placement in confinement for pending investigation. As used in this Section, an institutional emergency includes riots, strikes, lockdowns, and natural disasters.
Section 2504.260 Administrative Hold
a) A youth may be placed on an Administrative Hold when temporarily being housed in a particular youth center and may be separated from other youth for administrative or security purposes as personally determined by the Chief Administrative Officer.
b) Youth on an Administrative Hold may be placed in the confinement unit only as provided in Section 2504.220.
c) The Department shall make every reasonable effort to provide youth on an Administrative Hold, who are not placed in the confinement unit for safety and security reasons, with access to the same programs and services youth in the general population have. Any restrictions on movement or access to programs
 

Case: 1:12-cv-07289 Document #: 102-4 Filed: 10/20/14 Page 9 of 10 PageID #:1082
and services shall be documented and justified by the Chief Administrative Officer.
Section 2504.270 Behavioral Hold
a) A youth may be placed on a Behavioral Hold when a youth has violated a Department or youth center rule, failed to follow instructions of youth center staff, or otherwise behaved in a disruptive manner.
b) The shift supervisor shall be immediately notified anytime a youth is places on a Behavioral Hold.
c) All youth shall be informed of what behaviors are unacceptable and may result in a Behavioral Hold.
d) Youth on a Behavioral Hold shall be confined in their own room or other area designated by the Chief Administrative Officer and may not be placed in the confinement unit.
e) Within 30 minutes of confinement, a staff member not involved in the behavioral incident shall meet with the youth, provide counsel and guidance regarding the behavior, and de-escalate the behavior where necessary.
f) A youth shall be removed from the behavioral hold once the shift supervisor determines the youth has demonstrated an understanding of the behavior and the desire and ability to return to program participation with no further behavioral issues. Unless sooner removed from confinement, within one hour of confinement and every hour thereafter, a supervisory staff member shall meet with the youth to assess whether the youth has done so.
g) At no time may a youth on a behavioral hold be confined for more than 4 hours.
Section 2504.280 Crisis Status
a) A youth may be placed on Crisis Status and confined in the confinement unit or other area designated by the Chief Administrative Officer when determined by a mental health professional or other staff specifically trained in crisis response to require removal from the youth’s regular housing assignment for mental health treatment or observation.
b) The Department shall establish procedures for the timely identification of, referral to appropriate staff, and provision of mental health services to youth in crisis.
c) Youth on Crisis Status may be placed in the confinement unit only as provided in Section 2504.220.
 

Case: 1:12-cv-07289 Document #: 102-4 Filed: 10/20/14 Page 10 of 10 PageID #:1083 d) Where crisis status is ordered and there is no present risk of physical harm to self or others, a youth’s movement and access to programs and services may only be restricted as specifically ordered by a mental health professional based on a finding of mental health need. These restrictions shall be reviewed by a mental health professional daily.
Section 2504.290 Medical Hold a) A youth may be placed on a medical hold and confined for purposes of medical quarantine, recovery, or observation only when ordered by a physician. b) Youth on a medical hold may only be confined in their own room or other area designated by the Chief Administrative Officer and may not be placed in the confinement unit. c) Where a medical hold is ordered, a youth’s movement and access to programs and services may only be restricted as specifically ordered by the physician based on a finding of medical need. These restrictions shall be reviewed by a physician daily.
 

Case: 1:12-cv-07289 Document #: 102-5 Filed: 10/20/14 Page 1 of 1 PageID #:1084

ILLINOIS DEPARTMENT OF

Number Page

046
Page 1 of 3

JUVENILE JUSTICE Springfield, Illinois

Effective Revised

October 1, 2014

POLICY/PROCEDURAL BULLETIN

Subject

Confinement Liaison

A.

Authority

730 ILCS 5/3-2.5-20

B.

Requirements

1)

The Assistant Superintendent of Programs (ASP) at each youth center shall ensure that a youth

and family specialist or other non-security staff member is present during the day shift at the

youth center’s confinement unit whenever there is at least one youth placed in the unit. Such

staff member shall be designated as the Confinement Liaison.

2)

The Confinement Liaison shall be assigned job duties as specified by the ASP to help ensure that

youth placed on the confinement unit receive appropriate services, including but not limited to

mental health and education services.

3)

Duties of the Confinement Liaison shall be submitted to and approved by the Deputy Director of

Programs.

Authorized by

Candice Jones Director

Case: 1:12-cv-07289 Document #: 102-6 Filed: 10/20/14 Page 1 of 6 PageID #:1085

DJJ

20 ILLINOIS ADMINISTRATIVE CODE 2502

2502

SUBCHAPTER d

TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE SUBCHAPTER d: OPERATIONS

PART 2502 SAFETY, MAINTENANCE AND SANITATION

SUBPART A: FOOD SERVICE

Section 2502.20 2502.30 2502.40

Menus Special Diets Sanitation

SUBPART B: CLEANLINESS AND GROOMING FOR COMMITTED YOUTH

Section 2502.105 2502.110

Responsibilities Procedure

SUBPART C: CLOTHING, BEDDING, LINENS AND ROOM CONDITIONS

Section 2502.205 2502.210 2502.220 2502.230 2502.240

Responsibilities Clothing Bedding Linens Room Conditions

SUBPART D: CLOTHING AND GRANTS FOR TRAVEL AND EXPENSES

Section 2502.310 2502.320

Clothing for Release Grants for Travel and Expenses

AUTHORITY: Implementing Sections 3-7-2 and 3-14-1 and authorized by Section 3-7-1 of the Unified Code of Corrections [730 ILCS 5/3-7-2, 3-14-1 and 3-7-1].

SOURCE: Adopted at 8 Ill. Reg. 14618, effective August 1, 1984; amended at 11 Ill. Reg. 7264, effective May 1, 1987; amended at 13 Ill. Reg. 13577, effective September 1, 1989; amended at 15 Ill. Reg. 11928, effective September 1, 1991; amended at 17 Ill. Reg. 19479, effective November 15, 1993; the policies embodied in this Part transferred to the Department of Juvenile Justice pursuant to Section 3-2.5-50 of the Unified Code of Corrections on June 1, 2006 and codified at 38 Ill. Reg. ___.

Case: 1:12-cv-07289 Document #: 102-6 Filed: 10/20/14 Page 2 of 6 PageID #:1086

DJJ

20 ILLINOIS ADMINISTRATIVE CODE 2502

2502.205

SUBCHAPTER d

SUBPART C: CLOTHING, BEDDING, LINENS
Section 2502.205 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 rule 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 temporary absence or in an emergency.

Case: 1:12-cv-07289 Document #: 102-6 Filed: 10/20/14 Page 3 of 6 PageID #:1087

DJJ

20 ILLINOIS ADMINISTRATIVE CODE 2502

2502.210

SUBCHAPTER d

Section 2502.210 Clothing
a) Clothing issued to committed youth, including shoes, shall be suitable for the season and properly stenciled or otherwise marked for identification, and shall be in good repair..
b) Youth may retain and wear personal clothing items subject to the approval of the Chief Administrative Officer.
c) Laundry services shall be available on a scheduled weekly basis.

Case: 1:12-cv-07289 Document #: 102-6 Filed: 10/20/14 Page 4 of 6 PageID #:1088

DJJ

20 ILLINOIS ADMINISTRATIVE CODE 2502

Section 2502.220 Bedding Bedding suitable for weather and temperature shall be provided.

2502.220 SUBCHAPTER d

Case: 1:12-cv-07289 Document #: 102-6 Filed: 10/20/14 Page 5 of 6 PageID #:1089

DJJ

20 ILLINOIS ADMINISTRATIVE CODE 2502

2502.230

SUBCHAPTER d

Section 2502.230 Linens Clean linen shall be provided on a scheduled weekly basis, and more often as needed..

Case: 1:12-cv-07289 Document #: 102-6 Filed: 10/20/14 Page 6 of 6 PageID #:1090
Section 2502.240 Room Conditions a) All youth rooms shall be well lit, have functional plumbing, and appropriately heated or cooled. b) All vacated youth rooms shall be thoroughly cleaned and sanitized before the room is used for another youth. c) Youth shall be responsible for the regular cleaning of his or her assigned room and Department staff shall ensure youth rooms remain free of food waste, human waste, and graffiti. If staff determine that a youth should not have access to cleaning supplies, then staff shall ensure an alternative means for the regular cleaning of the room.

Case: 1:12-cv-07289 Document #: 102-7 Filed: 10/20/14 Page 1 of 4 PageID #:1091

Illinois
Department of
Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Number Page
Effective

05.02.140 1 of 4
6/1/2013

Section

05

Operations

Subsection

02

Safety, Maintenance and Sanitation

Subject

140

Safety and Sanitation Inspections

I.

POLICY

A.

Authority

730 ILCS 5/3-2.5-20

B.

Policy Statement

The Department shall ensure a safe and sanitary environment be maintained at each youth center. Safety and sanitation are the responsibility of every employee.

II.

PROCEDURE

A.

Purpose

The purpose of this directive is to establish written safety and sanitation procedures and to designate individuals responsible for conducting inspections to identify and monitor the elimination of conditions and practices that could affect the health and safety of the youth and staff at each youth center.

B.

Applicability

This directive is applicable to all youth centers within the Department.

C.

Facility Reviews

A facility review of this directive shall be conducted at least semi-annually.

D.

Designees

Individuals specified in this directive may delegate stated responsibilities to another person or persons unless otherwise directed.

E.

Responsibilities

Medical Inspector - a licensed health care professional member of the medical staff who conducts monthly inspections of all housing units and dietary service areas.

Safety and Sanitation Coordinator - an administrative staff person who supervises day to day safety and sanitation operations of the facility.

Safety and Sanitation Officer - staff assigned to a zone that is responsible for the maintenance of the zone's safety and sanitation standards.

Case: 1:12-cv-07289 Document #: 102-7 Filed: 10/20/14 Page 2 of 4 PageID #:1092
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

6/1/2013

Page

2 of 4

Number

05.02.140

F.

General Provisions

1.

Safety and sanitation standards shall be developed in consultation with the Department's

Environmental Health Coordinator and enforced in the following categories at each youth

center:

a.

General Standards

(1) Housekeeping;

(2) Maintenance;

(3) Solid waste disposal;

(4) Water and sewer disposal;

(5) Pest control; and

(6) Heating and ventilation.

b.

Specific Standards (if applicable)

(1) Health Care Unit;

(2) Food Service;

(3) Laundry; and

(4) Barber Shop or Beauty Shop or both.

2.

To ensure compliance with safety and sanitation standards, regular inspections shall be

conducted at each youth center. Major violations of standards shall be reported in writing

to the Department's Environmental Health Coordinator by the Chief Administrative Officer.

3.

Each youth center shall be divided into zones in order to facilitate maintenance of safety

and sanitation standards. Because of the size, some small youth centers may be limited to

one zone.

4.

A comprehensive safety and sanitation check list unique to each zone shall be developed.

G.

Requirements

The Chief Administrative Officer shall ensure a written procedure is established in accordance with the following provisions.

1.

The Chief Administrative Officer shall appoint:

a.

A Safety and Sanitation Coordinator from the four highest ranking employees of

Case: 1:12-cv-07289 Document #: 102-7 Filed: 10/20/14 Page 3 of 4 PageID #:1093
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

6/1/2013

Page

3 of 4

Number

05.02.140

the youth center staff, and

b.

A Medical Inspector.

2.

The Safety and Sanitation Coordinator shall:

a.

Conduct monthly inspections of all areas of the youth center.

b.

Submit a monthly safety and sanitation report to the Chief Administrative Officer by

the fifth working day following the end of the month. The report shall include:

(1) Identification of any standards that have not been met.

(2) Recommendations for corrective action.

(3) Progress statement of action taken to correct previously reported deficiencies.

(4) Date and signature of the Safety and Sanitation Coordinator.

c.

Assign a Safety and Sanitation Officer to each zone.

NOTE: At the discretion of the Chief Administrative Officer, the Safety and Sanitation Coordinator, and the Safety and Sanitation Officer may be the same individual.

d.

Maintain a master check off list to document receipt of the facility zone reports.

e.

Maintain on file the zone reports and the master check off list for at least one year.

3.

Each Safety and Sanitation Officer shall:

a.

Conduct weekly safety and sanitation inspections of the assigned zone.

b.

Submit dated and signed weekly zone inspection reports to the Safety and

Sanitation Coordinator.

c.

Submit work orders or initiate direct action to correct violations of minor safety and

sanitation standards. Any immediate action performed by maintenance per a

verbal request shall be followed by written work orders.

d.

Immediately report in writing to the Safety and Sanitation Coordinator any major

violations of standards.

4.

The Medical Inspector shall:

a.

Conduct minimum monthly inspections of all housing units and dietary areas.

b.

Submit a monthly report to the Safety and Sanitation Coordinator by the 25th

calendar day of each month. The report shall cite safety and sanitation

Case: 1:12-cv-07289 Document #: 102-7 Filed: 10/20/14 Page 4 of 4 PageID #:1094
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

6/1/2013

Page

4 of 4

Number

05.02.140

deficiencies noted during inspections and shall include recommendations for corrective action.

5.

Every department head and persons specified in this Administrative Directive shall have

safety and sanitation objectives included within his or her performance evaluation.

Authorized by:

Arthur Bishop Director

Case: 1:12-cv-07289 Document #: 102-8 Filed: 10/20/14 Page 1 of 5 PageID #:1095

Illinois
Department of
Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Section

04

Subsection

01

Subject

130

Programs and Services General Provisions Programs and Case Management

Number Page
Effective

04.01.130 1 of 5
DRAFT8/01/2014

I.

POLICY

A.

Authority

730 ILCS 5/3-10-2, 3-10-3 and 5/3-2.5-20

20 Ill. Adm. Code 2420 and 2503

Prison Rape Elimination Act National Standards – Juvenile, 28 C.F.R. §§ 115.341 and 115.342

B.

Policy Statement

The Department shall provide comprehensive case management services to all youth committed to youth centers. Staff shall make available a minimum of 12 hours of program services and/or out-of-room activity during each weekday, except State holidays, and a minimum of 8four hours of program services and/or out-of-room activity during State holidays and weekendseach weekend.

II.

PROCEDURES

A.

Purpose

The purpose of this directive is to establish a written procedure governing the responsibilities of staff for the provision and delivery of case management services to youth in accordance with statutes and departmental rules, and to ensure that housing, bed, program, education, and work assignments are made with the goal of keeping all youth safe and free from sexual abuse.

B.

Applicability

This directive is applicable to all youth centers within the Department.

C.

Facility Reviews

A facility review of this directive shall be conducted at least annually.

D.

Definitions

Intersex – a person who’s sexual or reproductive anatomy or chromosomal pattern does not seem to fit typical definitions of male or female.

Transgender – a person whose gender identity (i.e., internal sense of feeling male or female) is different from the person’s assigned sex at birth, and includes youth identified as having gender

Case: 1:12-cv-07289 Document #: 102-8 Filed: 10/20/14 Page 2 of 5 PageID #:1096
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Page

DRAFT8/01/2014

2 of 5

Number

04.01.130

dysphoria pursuant to Administrative Directive 04.03.104.

E.

Designees

Individuals specified in this directive may delegate stated responsibilities to another person or persons unless otherwise directed.

F.

Requirements

The Chief Administrative Officer of each youth center shall establish and maintain written procedures to ensure, at a minimum, that the following case management functions are provided.

1.

Orientation

Orientation to the youth center and program for each youth shall be completed within 15 days from the date of arrival at the youth center. The youth shall be requested to sign documentation of the completed orientation.

2.

Establishment of Administrative Review Date

An Administrative Review Date shall be established for each delinquent within the first 60 days of the youth's incarceration within the Department in accordance with Administrative Directive 01.07.255.

3.

Assessment and Assignment Process

a.

A Program Assignment Committee shall initiate the assessment and assignment

process within ten working days after a youth is placed at a youth center and

shall complete the process within 30 days of admission to the youth center.

b.

The committee shall review the following material in the youth's master file prior

to making a recommendation for the youth's assignment:

(1) Academic or vocational records or both;

(2) Medical, psychiatric, and dental reports;

(3) Assessment reportsThe program assessment report from the referring reception unit;

(4) Sexual Abuse Risk Screening(s), DJJ 0429 and Bunk Issues Form(s), DJJ 0428 completed pursuant to Administrative Directive 04.01.301;

(5) Dates of the youth's commitment, recommitment, parole revocation, and custody date, when appropriate;

(6) Committing and prior offenses;

(7) Any pending charges and related court dates; and

(8) Reports regarding:

Case: 1:12-cv-07289 Document #: 102-8 Filed: 10/20/14 Page 3 of 5 PageID #:1097
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Page

DRAFT8/01/2014

3 of 5

Number

04.01.130

(a) The youth's need for security and protection;

(b) Outside agency involvement;

(c) The youth's need for special work with family guardian relationship regarding his or her reintegration with the family or guardian; and

(d) Special peer related concerns.

c.

Minimally, the committee, whenever applicable, shall make recommendations

forrecommend:

(1) The youth be assigned to a particular living unit or special program unit.

(2) A youth and family specialist is assigned for the youth.

(3) The individualized youth be assigned to a general academic or vocational program (such as work and school) or to a special program.

(4) A written program plan that may include, but is not limited to, the academic or vocational program, employment training, behavioral health treatment care, behavioral goals, and custody appropriate for the youth. The plan shall:

(a) Identify institutional programming responses to youth program needs and strengths as identified by the referring reception unit program assessment reportsreport.

(b) For those youth in a regular program, provide for a minimum of 830 hours per day of out of room activities whichprogramming during the normal work week and four hours of out of room programming on weekends. This program may include structured and unstructured activities provided by staff or volunteers, such as: leisure time, crafts, institution sponsored clubs and organizations, academic or vocational programs, counseling, work, religion, on or off grounds cultural and social events, organized athletic activities, and specialized activities for youth.

d.

Assignments of lesbian, gay, bisexual, transgender, and intersex youth, shall

meet the following additional requirements:

(1) Lesbian, gay, bisexual, transgender, or intersex youth shall not be placed in particular housing, bed, or other assignments solely on the basis of such identification or status.

(2) In making housing and programming assignments for a transgender or intersex youth, including whether to assign the youth to a facility for male or female residents, the committee shall include input from a mental

Case: 1:12-cv-07289 Document #: 102-8 Filed: 10/20/14 Page 4 of 5 PageID #:1098
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Page

DRAFT8/01/2014

4 of 5

Number

04.01.130

health professional and consider on a cases-by-case basis whether a placement would ensure a youth’s health and safety, and whether the placement would present management or security problems.

(a) A transgender or intersex youth’s own views on his or her own safety shall be given serious consideration.

(b) Transgender and intersex youth shall be given the opportunity to shower separately from other residents. This opportunity shall be provided discretely to avoid singling out the transgender or intersex youth in front of the other youths.

e.

The written program plan shall be reviewed and approved by the Chief

Administrative Officer or the Assistant Chief Administrative Officer (no designee)

and a copy shall be filed in the youth's master file.

f.

The youth and family specialist shall:

(1) Review the approved program plan with the youth and document such review; and

(2) Inform the youth how he or she may request a change in his or her program and that if a request is made and denied, the youth shall be given the basis for the denial in writing and a copy of the denial shall be placed in the youth's master file.

4.

Review of Program Plan

a.

At least once per calendar month, a documented staffingcase file review of a

delinquent youth's progress in relation to the objectives detailed in his or her

program plan shall be completed.

b.

For transgender or intersex youth, at least twice per year, such documented

staffingcase file reviews shall include a review of any threats to safety

experienced by the youth and the youth’s current housing and programming

assignments.

c.

The Chief Administrative Officer shall identify the cross disciplinary team who

shall be responsible for reviewing the youth's program plan during the monthly

staffing. All members of the cross disciplinary team and the youth shall attend

staffings, in person or by phone, except when attendance is impracticable. This

attendance shall be documented. A youth’s assigned aftercare specialist shall

participate in at least one staffing within the first three months after a youth’s

commitment and one staffing within the three months prior to a youth’s expected

release date.committee members who shall be responsible for reviewing the

youth's program plan. Youth who will require alternate placement will need close

coordination between the youth center and aftercare.

d.

The chairperson shall facilitate and moderate the staffing and shall ensure:

(1) Input is obtained from staff concerning the youth's progress or problems

Case: 1:12-cv-07289 Document #: 102-8 Filed: 10/20/14 Page 5 of 5 PageID #:1099
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Page

DRAFT8/01/2014

5 of 5

Number

04.01.130

since the initial program review or the last progress review.

(2) Current youth performance is compared to stipulations in the written program plan.

(3) New youth program goals are negotiated or identified and the program plan is modified where appropriate.

(4) Requests for authorized absences are recommended, reviewed, and submitted to the Program Assignment Committee for processing.

(5) Recommendations for awarding sentencing credit are made to the Chief Administrative Officer, where appropriate.

(6) Recommendations for revising the projected Administrative Review Date are made to the Chief Administrative Officer based on programming concerns, where appropriate.

(7) Youth Requests, DJJ 0286, are reviewed and submitted to the Program Assignment Committee.

e.

The documented staffingreview of a youth's program plan shall be filed in the

master file.

5.

Review of Social Information

The youth's youth and family specialist shall review the documents relating to social information and initiate any indicated changes or corrections in the reception and classification documents, face sheet, or offense history.

6.

Youth and Youth and Family Specialist Contact

A youth and family specialist shall have frequent and consistentweekly face to face contact, at least weekly, with each youth in order to gain a better understanding of the youth’s needs, progress and the appropriateness of youth’s current program plan. Such contact shall be documented in the cumulative counseling summary. The youth’s youth and family specialist will complete a new Sexual Abuse Risk Screening at least every 6 months and when there reason to believe the information previously obtained has changed.

Authorized by:

Supersedes: 04.01.130 DRAFT12/1/2013

Original on File Candice Jones
Director
AD

Case: 1:12-cv-07289 Document #: 102-9 Filed: 10/20/14 Page 1 of 3 PageID #:1100

Illinois
Department of
Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Number Page
Effective

05.01.126 1 of 3
3/1/2009DRAFT

Section

05

Operations

Subsection

01

Security

Subject

126

Security Restraints

I.

POLICY

A.

Authority

730 ILCS 5/3-2-2, 3-2.5-20, and 3-6-7

20 Ill. Adm. Code 2501501

B.

Policy Statement

The Department shall use security restraints to protecting property, persons, or to ensure the custody of youth. Security restraints shall not be applied for more time than is absolutely necessary or used for the purpose of punishment.

II.

PROCEDURE

A.

Purpose

The purpose of this directive is to establish a written procedure for the use and control of security restraints.

B.

Applicability

This directive is applicable to all youth centers within the Department.

C.

Internal Audits

An internal audit of this directive shall be conducted at least annually.

D.

Designees

Individuals specified in this directive may delegate stated responsibilities to another person or persons unless otherwise directed.

E.

Definition

Security restraints - devices, such as handcuffs, security belts, and leg shackles, approved by the Department for use to limit movement for security reasons.

F.

Requirements

The Chief Administrative Officer shall ensure that a written procedure for the use and control of security restraints is established. The written procedure shall provide for the following:

Case: 1:12-cv-07289 Document #: 102-9 Filed: 10/20/14 Page 2 of 3 PageID #:1101
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

3/1/2009

Page

2 of 3

Number

05.01.126

1.

Use of Security Restraints

aa. Use of security restraints on youth classified as minimum supervision and low escape risk shall be at the discretion of the Chief Administrative Officer.

b.

Except as otherwise provided herein, or in accordance with Administrative Directive

05.03.130 regarding pregnant youth, security restraints shall be used:

(1) To prevent a youth from escaping;

(2) To retake a youth who has escaped or run away;

(3) To prevent or suppress violence by a youth against another person or property; or

(4) When transporting a youth outside the youth center for the purposes of transfers, writs, etc., in accordance with Administrative Directive 05.03.123.

b.

Restraints shall not be usedexcept when transporting youth assigned to

work details outside the youth center or when transporting a pregnant

youth for purposes of delivery.

c.

Youth on funeral furlough shall be restrained in accordance with Administrative

Directive 05.03.127.

d.

Except as otherwise provided in Administrative Directives 05.03.123 andDirective

05.03.130 regarding youth assigned to a Security Level Five and pregnant youth,

security restraints may be used:

(1) When moving a youth who is on Confinement Status, Investigatory Status,in disciplinary confinement or an Administrative Hold and awaiting transfer to the Department of Corrections or a more secure settingwho is in confinement pending investigation within the youth center; or

(2) Whenever the Chief Administrative Officer deems it is necessary in order to ensure security within the youth center or within the community.

e.

Every use of security restraints shall be documented. Such documentation shall

identify the youth the restraints were applied to; include the date, location and the

time the restraints were applied and removed; and the reason for applying the

restrains. Shift supervisors shall review all such documentation during the shift in

which the restraints were used. The Deputy Director of Quality Improvement

shall regularly conduct statistical analysis of patterns in the aggregate of such

documentation to identify any uses inconsistent with Department policy and any

opportunities to improve Department policy.

2.

Inventory and Control

Case: 1:12-cv-07289 Document #: 102-9 Filed: 10/20/14 Page 3 of 3 PageID #:1102
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

3/1/2009

Page

3 of 3

Number

05.01.126

a.

A written master inventory of all security restraints, dated and signed by the Chief

Administrative Officer, shall be maintained.

b.

Security restraints that have not been issued to staff shall be stored and

maintained in a secure area or areas that are not accessible to youth.

c.

A log documenting issuance and return of security restraints shall be maintained in

the secure area or areas. The log shall include:

(1) Date and time issued;

(2) Receiving employee's name;

(3) Issuing employee's name;

(4) Date and time returned; and

(5) Name of employee receiving the returned restraints.

d.

A written report shall be filed on lost, broken, or malfunctioning security restraints.

The report shall be reviewed by the Chief of Security and maintained on file with

the security restraints inventory records for a minimum of one year.

Authorized by:

Candice Jones Director

Supersedes: 05.01.126

AD 3/1/2009

Case: 1:12-cv-07289 Document #: 102-10 Filed: 10/20/14 Page 1 of 4 PageID #:1103

TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE SUBCHAPTER d: OPERATIONS
PART 2501 SECURITY

Section 2501.105 2501.110 2501.120 2501.130

SUBPART B: GENERAL SECURITY
Responsibilities Movement of Committed Youth Response to Serious Institutional Disturbances Substance Abuse

AUTHORITY: Implementing Sections 7-1, 7-3, 7-9 and 31A-1.1 of the Criminal Code of 2012 [720 ILCS 5/7-1, 7-3, 7-9 and 31A-1.1] and Article 103 of the Code of Criminal Procedures of 1963 [725 ILCS 5/Art. 103] and Sections 3-2.5-20, 3-4-3, 3-6-2, 3-6-4, 3-7-2, 3-7-4, 3-10-1, 310-8 and 3-10-9 of the Unified Code of Corrections [730 ILCS 5/3-2.5-20, 3-4-3, 3-6-2, 3-6-4, 3-7-2, 3-7-4, 3-10-1, 3-10-8 and 3-10-9] and authorized by Sections 3-2.5-20, 3-7-1, 3-7-4 and 310-8(b) of the Unified Code of Corrections [730 ILCS 5/3-2.5-20, 3-7-1, 3-7-4 and 3-10-8(b)]. Sections 2501.70 and 2501.220 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; the policies embodied in this Part transferred to the Department of Juvenile Justice pursuant to Section 3-2.5-50 of the Unified Code of Corrections on June 1, 2006 and codified at 38 Ill. Reg. ____.

Case: 1:12-cv-07289 Document #: 102-10 Filed: 10/20/14 Page 2 of 4 PageID #:1104
SUBPART B: GENERAL SECURITY
Section 2501.105 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.
Section 2501.110 Movement of Committed Youth
a) Handcuffs, security belts and/or leg irons may be used to restrain aany committed youth when:
1) Moving a youth who is on Confinement Status, Investigatory Status, or an Administrative Hold and awaiting transfer to the Department of Corrections or a more secure setting pursuant to Section 2504 within the facility,
1) A person confined pending investigation or in disciplinary segregation is moved within the facility,
2) TheA committed youth is transported outside the facility, or
3) Determined by the Chief Administrative Officer to be necessary to security.
b) Committed youth 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 youth 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 youth shall be accompanied by at least one Department 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 IX. This subsection does not apply to the Aftercare Services Division except when transporting aftercare release violators.
Section 2501.120 Response to Serious Institutional Disturbances
a) The Chief Administrative Officer may confine committed youth temporarily in all

Case: 1:12-cv-07289 Document #: 102-10 Filed: 10/20/14 Page 3 of 4 PageID #:1105
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 youth.
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.
Section 2501.130 Substance Abuse
a) Committed youth 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 youth.
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 [720 ILCS 550/3] and the Illinois Controlled Substances Act [720 ILCS 570/102] 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 nor committed youth 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 youth 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

Case: 1:12-cv-07289 Document #: 102-10 Filed: 10/20/14 Page 4 of 4 PageID #:1106
independently corroborated; or
4) A committed youth's possession of unauthorized drugs, drug paraphernalia, or alcohol or discovery of same in an area controlled or occupied by the committed youth.
e) Committed youth shall be subject to discipline in accordance with 20 Ill. Adm. Code 2504 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.

 
 Case: 1:12-cv-07289 Document #: 115 Filed: 11/26/14 Page 1 of 1 PageID #:1331

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

R.J., et al. vs.

Plaintiffs,

CANDICE JONES, Defendant.

)

)

)

)

Case No.: 12-cv-07289

)

)

Hon. Matthew F. Kennelly

)

)

)

)

ORDER APPROVING CERTAIN POLICIES

This matter coming before the Court on Defendant’s October 20, 2014

Submission of Policies Pursuant to Paragraph I(3) of the Remedial Plan, see Dkt. No.

102, it is HEREBY ORDERED:

1. The Court approves the policies attached to Dkt. No. 102 as Exhibits A, B

(parts II(G)(6-9) and H), C, E, F, G, and H.

2. The Court defers review of the policies attached to Dkt. No. 102 as

Exhibits D, I, and J given plaintiffs’ objections to those policies.

IT IS SO ORDERED. By: __________________________________
Date: November 26, 2014 United States District Court Judge

1

 
 Case: 1:12-cv-07289 Document #: 116 Filed: 12/05/14 Page 1 of 2 PageID #:1332

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

R.J., et al. vs.

Plaintiffs,

CANDICE JONES, Defendant.

)

)

)

)

Case No.: 12-cv-07289

)

)

Hon. Matthew F. Kennelly

)

)

)

)

DEFENDANT’S SUBMISSION OF POLICY PURSUANT TO PARAGRAPH I(3) OF THE REMEDIAL PLAN

Defendant Candice Jones, Director of the Illinois Department of Juvenile Justice

(“DJJ”), by her attorney, Lisa Madigan, Attorney General of Illinois, submits the attached

policy for the Court’s review and approval.

1. The remedial plan in this case (Dkt. No. 73) requires the DJJ to develop

certain policies. For each such policy, paragraph I(3) of the plan requires the DJJ to

provide a draft to the court-appointed experts and plaintiffs’ counsel at least 30 days prior

to the deadline specified in the plan, consider in good faith any proposed revisions and

meet and confer upon request, submit the policy to the Court for its review and approval,

and implement the policy.

2. Pursuant to the remedial plan and related court orders, a policy addressing

special education is due on December 5, 2014. (Dkt. No. 73 at Part III(8); see also Dkt.

Nos. 87, 95)

3. In compliance with the remedial plan and related court orders, DJJ submits

Exhibit A. This exhibit includes the required policy.

1

Case: 1:12-cv-07289 Document #: 116 Filed: 12/05/14 Page 2 of 2 PageID #:1333

Remedial Plan Requirement

Relevant Exhibit(s)

Policy re special education (III(8))

Exhibit A (NEW) (AD 04.10.118, Special Education Services)

4. The DJJ provided Exhibit A to the court-appointed experts and plaintiffs’

counsel on November 3, 2014, as required by the plan and related court orders. (The

deadline was November 5; DJJ provided the policy two days early.) Plaintiffs and the

experts have not proposed any revisions. The DJJ respectfully requests court approval of

Exhibit A.

Dated: December 5, 2014
LISA MADIGAN Attorney General of Illinois

Respectfully submitted,
/s/ Michael T. Dierkes
Michael T. Dierkes Office of the Illinois Attorney General 100 West Randolph Street, 13th Floor Chicago, Illinois 60601 (312) 814-3000
Counsel for Defendant

2

Case: 1:12-cv-07289 Document #: 116-1 Filed: 12/05/14 Page 1 of 5 PageID #:1334

Illinois
Department of
Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Section

04

Subsection

10

Subject

118

Programs and Services Department of Juvenile Justice School District Special Education Services

Number Page
Effective

04.10.118 1 of 5 DRAFT

I.

POLICY

A.

Authority

20 U.S.C. § 1400, 29 U.S.C. § 794, and 24 U.S.C. § 126.12101 et al.

105 ILCS 5/13-40 and 5/14

34 CFR 300 and 23 Ill. Admin. Code 226

B.

Policy Statement

The Illinois Department of Juvenile Justice School District, hereinafter the School District, shall provide a free appropriate education in the least restrictive environment and necessary related services to all children with disabilities enrolled in the School District as required by the Individuals with Disabilities Education Act (IDEA) and implementing provisions of the Illinois School Code, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act.

II.

PROCEDURE

A.

Purpose

The purpose of this directive is to establish written guidelines governing the provision of special education services, including the(a) timely obtaining youths’ IEPs and related materials from their prior schools, (b) identification and assessment of youth with learning disabilities, (c) development and implementation of IEPs, and (d) monitoring to ensure that youth are receiving the services specified in their IEPs.

B.

Applicability

This directive is applicable to all youth centers schools and contractual educational programs within the Department School District.

C.

Facility Reviews

A facility review of this directive shall be conducted at least annually.

D.

Designees

Individuals specified in this directive may delegate stated responsibilities to another person or persons unless otherwise directed.

Case: 1:12-cv-07289 Document #: 116-1 Filed: 12/05/14 Page 2 of 5 PageID #:1335
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

DRAFT

Page

2 of 5

Number

04.10.118

E.

General Provisions

1.

For students eligible for services under IDEA, the School District shall follow procedures

for identification, evaluation, placement, and delivery of services to children with disabilities

provided in the Illinois State Board of Education’s Rules and Regulations to Govern the

Administration of Special Education.

2.

For those students who are not eligible for services under IDEA, but, because of a disability

as defined by Section 504 of the Rehabilitation Act of 1973, need or are believed to need

special instruction or related services, the School District shall establish and implement a

system of procedural safeguards. The safeguards shall cover students’ identification,

evaluation, and educational placement.

F.

Requirements

1.

Policy and Procedures Development

a)

The Director of Special Education, in consultation with the School District

Superintendent, shall develop procedures implementing federal and state

requirements regarding the education of children with disabilities and the

provisions of this directive.

b)

The foregoing procedures will be initially adopted by the Board of Education of the

School District.

c)

The Director of Special Education is authorized to revise these procedures, as

needed, provided the revisions comply with State and federal law, the School

District Superintendent advises the Board of Education of such revisions in writing,

and the Board approves said revisions.

d)

All special education policies and procedures are public documents and shall be

available at the School District Administrative Office.

2.

Obtaining Educational Records from Youth’s Prior Schools

a)

Within 5 business days of a youth’s commitment to the Department, the school

counselor assigned to the Reception and Classification (R&C) center shall:

(1) Request the youth’s school records from the youth’s prior school using the School Records Request, Release of Student Information (Form 22 or 23) and;

(2) Attempt to determine whether or not the youth had an IEP at his or her prior school, and if so obtain a copy of the IEP by checking the Illinois State Board of Education IEP Tracking and Reporting System (I-Star) records, and if no IEP records exist calling the prior school and/or youth’s parent/guardian.

b)

The school counselor assigned to the R&C center shall make at least three

documented attempts to request IEP records within ten days of youth’s

Case: 1:12-cv-07289 Document #: 116-1 Filed: 12/05/14 Page 3 of 5 PageID #:1336
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

DRAFT

Page

3 of 5

Number

04.10.118

commitment to the Department. Such attempts shall be documented on the Record of Attempt to Obtain Consent/Notification (Form 3a).

c)

The school counselor assigned to the R&C center shall make at least three

documented attempts to request IEP records within ten days of youth’s

commitment to the. Such attempts shall be documented on the Record of Attempt

to Obtain Consent/Notification (Form 3a).

d)

If within 10 business days, the school counselor assigned to the R&C center has

not been able to determine whether or not a youth had an IEP or has discovered

that an IEP exists but has been unable to obtain a copy of the IEP, the school

counselor shall notify the R&C center principal and the Director of Special

Education.

e)

If the School District does not receive a copy of the youth IEP or verbal or written

confirmation of requirements of the IEP from the former School District before the

youth receives his or her program assignment at the parent youth center, the

Director of Special Education shall ensure that the parent youth center school

initiates the process to develop a new IEP.

f)

If a youth had an IEP at his or her prior school district within Illinois, the School

District shall provide education services comparable to those in the IEP from the

former School District, until the School District either: (1) adopts the IEP from the

former School District, or (2) develops, adopts and implements a new IEP.

g)

If a youth had an IEP at his or her prior school district from another state, the

School Districts shall and provide education services comparable to those in the

IEP from the former School District, until the School District: (1) conducts an

evaluation, if determined to be necessary, and (2) develops, adopts and

implements a new IEP, if appropriate.

3.

Identification and Evaluation of Children with Disabilities

a)

The Director of Special Education shall establish systematic procedures for

identifying and evaluating youth who may be eligible for special education and

related services, which shall include but not be limited to screening activities such

as informal academic achievement testing, observations, and teaching intervention

strategies are completed for all students in order to identify those that may be

eligible for special education and related services.

b)

All youth shall be screened for vision and hearing problems while in Reception and

Classification or within one month of assignment to parent youth center.

c)

All School District personnel are responsible for identifying youth who may be

eligible for special education and related services, and shall refer youth for an

evaluation using Referral for Evaluation (Form 1) to determine eligibility when

appropriate.

(1) Teachers shall observe a newly placed youth for a period of time

Case: 1:12-cv-07289 Document #: 116-1 Filed: 12/05/14 Page 4 of 5 PageID #:1337
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

DRAFT

Page

4 of 5

Number

04.10.118

consistent with generally accepted practice and professional judgment. A minimum of ten (10) attendance days of observation is recommended for most students, but where evidence warrants, shorter observation periods may be appropriate. Such observations shall be documented on the Student Observation Checklist (Form 1a) and, when appropriate, the Intervention Strategies Pre-Referral (Form 1b).

(2) Teachers and other professional personnel shall review each student’s performance and progress on an on-going basis in order to refer those students who exhibit problems that interfere with their educational progress and/or their adjustment to the educational setting, suggesting that they may be eligible for special education.

c)

Evaluation to determine eligibility for special education and related services shall

be conducted in accordance with the procedures established by the Director of

Special Education.

4.

Individualized Educational Plans

a)

IEPs shall be developed in accordance with the procedures established by the

Director of Special Education.

c)

Once an IEP is developed or adopted, no delay shall occur in implementing a

youth’s IEP and all special education and related services shall be provided

according to the youth’s IEP.

b)

Staff responsible for the development and updating of IEPs shall in-put and

maintain all IEPs on I-Star.

d)

The special education teacher(s) responsible for monitoring the youth’s IEP shall

complete a Report of progress on Annual Goals (Form 13p) and review student’s

progress with youth’s parent/guardian at least quarterly.

e)

At least once a year or at the request of the youth or youth’s parent/guardian an

annual review shall be conducted in accordance with procedures established by

the Director of Special Education.

f)

On or before the three year anniversary of a youth’s date of eligibility a

reevaluation shall be conducted in accordance with procedures established by the

Director of Special Education.

5.

Monitoring of Special Education Services

a)

By the 5th day of each month, the school psychologist or special education

instructional specialist shall complete, for each student with an IEP, and forward to

the school Principal and Director of Special Education a Student Monitor Log

(Form 17), Student Monitor Records Status Report (Form 16), and when

appropriate, a Near/Out-of-Compliance Log.

Case: 1:12-cv-07289 Document #: 116-1 Filed: 12/05/14 Page 5 of 5 PageID #:1338
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

DRAFT

Page

5 of 5

Number

04.10.118

b)

The assigned special education teacher or special education instructional

specialist shall complete, at least quarterly for each student with an IEP who is

enrolled in all general education classes, and forward to the school Principal and

Director of Special Education a Consultative Services Progress Report.

c)

The School District Superintendent shall designate persons to serve on a Special

Education Review Team for each youth center school and conduct an annual

review for compliance with this directive and all School District policies related to

the school’s special education services. Each Special Education Review Team

shall, at a minimum, consist of:

(1) The School District Superintendent;

(2) The Director of Special Education;

(3) A special education instructional specialist from another youth center;

(4) A school psychologist from another youth center; and

(6) Other persons designated by the School District Superintendent.

Such reviews shall be conducted once each fiscal year and include an audit of at least 20% of educational files of youth receiving special education services at the youth center school and observations of the educational services being provided to such youth. Within one month of completion of the review, the Special Education Review Team shall submit a summary of its findings to the Department of Juvenile Justice School Board.

Authorized by:

Candice Jones Director

 
 Case: 1:12-cv-07289 Document #: 123 Filed: 02/17/15 Page 1 of 3 PageID #:1420

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

R.J., et al. vs.

Plaintiffs,

CANDICE JONES, Defendant.

)

)

)

)

Case No.: 12-cv-07289

)

)

Hon. Matthew F. Kennelly

)

)

)

)

DEFENDANT’S SUBMISSION OF POLICIES PURSUANT TO PARAGRAPH I(3) OF THE REMEDIAL PLAN

Defendant Candice Jones, Director of the Illinois Department of Juvenile Justice

(“DJJ”), by her attorney, Lisa Madigan, Attorney General of Illinois, submits the attached

policies for the Court’s review and approval.

1. The remedial plan in this case (Dkt. No. 73) requires the DJJ to develop

certain policies. For each such policy, paragraph I(3) of the plan requires the DJJ to

provide a draft to the court-appointed experts and plaintiffs’ counsel at least 30 days prior

to the deadline specified in the plan, consider in good faith any proposed revisions and

meet and confer upon request, submit the policy to the Court for its review and approval,

and implement the policy.

2. Pursuant to the remedial plan and related court orders, DJJ filed ten

policies on October 20, 2014. (Dkt. No. 102) The Court approved seven of those

policies on November 26, 2014, and deferred review of the remaining three policies,

related to confinement and restraints, in light of plaintiffs’ objections to those policies.

(Dkt. No. 115)

1

Case: 1:12-cv-07289 Document #: 123 Filed: 02/17/15 Page 2 of 3 PageID #:1421
3. As the parties reported to the Court on January 9, 2015, the parties, with the assistance of the court-appointed monitors, have resolved plaintiffs’ objections to the remaining policies. (Dkt. No. 122) Plaintiffs’ memorandum regarding the revised confinement and restraint policies (to be filed today) accurately summarizes “the process that led from the disagreement to the agreement” and the “substance” of the revisions. The parties briefed plaintiffs’ objections (Dkt. Nos. 109, 117, 118) and the Court scheduled an evidentiary hearing. In anticipation of the hearing, the parties jointly interviewed the court-appointed monitors on at least five separate occasions to determine their positions regarding the adequacy of DJJ’s policies and their expected testimony at the evidentiary hearing. In addition, DJJ’s Deputy Director of Programs sat for a lengthy (more than four hour) telephone interview by plaintiffs’ counsel regarding the policies at issue and her expected testimony at the hearing. With input and guidance from the courtappointed monitors and the DJJ’s Deputy Director of Programs, the parties were able to resolve the objections.
4. DJJ agrees with plaintiffs’ statement in their memorandum that DJJ’s revised policies “ensure minimally adequate treatment of IDJJ youths.” But DJJ does not agree with plaintiffs’ claim that the revisions were “necessary” to ensure minimally adequate treatment. For the reasons stated in DJJ’s response to plaintiffs’ objections, the policies that DJJ filed on October 20, 2014 complied with the constitution and other federal law, the consent decree, and the remedial plan. (Dkt. No. 117)1 The revised policies, which establish additional safeguards and protections for youths in DJJ custody, exceed constitutional requirements.
1 Also, for the reasons stated in DJJ’s response (Dkt. No. 117 at 2), plaintiffs’ citation to articles on “solitary confinement” is inapposite here.
2

Case: 1:12-cv-07289 Document #: 123 Filed: 02/17/15 Page 3 of 3 PageID #:1422

5. In accordance with the remedial plan and related court orders, DJJ submits the policies attached as Exhibits A to C hereto for Court approval. Exhibits A (04.04.102, Emergency Mental Health Services, part II(F)(4)) and B (Draft Administrative Code Revisions, Section 2504.30 et seq.) address confinement, including hospitalization of youths on crisis status. Exhibit C (05.01.126, Security Restraints) addresses restraints. For the policies which are modified from existing policies, DJJ has attached redlined versions showing what changes were made. DJJ completely rewrote Exhibit B, and therefore attaches only a clean copy of that exhibit.

Dated: February 17, 2015
LISA MADIGAN Attorney General of Illinois

Respectfully submitted,
/s/ Michael T. Dierkes
Michael T. Dierkes Office of the Illinois Attorney General 100 West Randolph Street, 13th Floor Chicago, Illinois 60601 (312) 814-3000
Counsel for Defendant

3

Case: 1:12-cv-07289 Document #: 123-1 Filed: 02/17/15 Page 1 of 11 PageID #:1423

Illinois
Department of
Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Number Page
Effective

04.04.102 1 of 119 10/01/2014DRAFT

Section

04

Programs and Services

Subsection

04

Mental Health

Subject

102

Emergency Mental Health Services

I.

POLICY

A.

Authority

730 ILCS 5/3-2.5-20

20 Ill. Adm. Code 2415

B.

Policy Statement

Youth shall have access to emergency mental health services.

II.

PROCEDURE

A.

Purpose

The purpose of this directive is to define the responsibilities of those employees involved in the provision of emergency mental health services to youth.

B.

Applicability

This directive is applicable to all youth centers.

C.

Facility Reviews

A facility review of this directive shall be conducted at least annually.

D.

Designees

Individuals specified in this directive may delegate stated responsibilities to another person or persons unless otherwise directed.

E.

Definitions

Close Supervision - a formal treatment status which provides for verbal or visual monitoring of those youth determined by a mental health professional to be acutely disturbed or potentially suicidal.

Crisis Team Member - an individual designated by the Chief Administrative Officer to respond to a potential or actual crisis.

Crisis Team Leader - a mental health professional designated by the Chief Administrative Officer to supervise and direct crisis services.

Case: 1:12-cv-07289 Document #: 123-1 Filed: 02/17/15 Page 2 of 11 PageID #:1424
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Page

10/01/2014DRAFT

2 of 11

Number

04.04.102

Observation Status - a formal monitoring status which provides for verbal or visual monitoring of those youth determined by a mental health professional or Crisis Team Leader to be at increased risk for experiencing a mental or emotional crisis.

Strip Celling – the removal of all clothing and property from a youth who is placed on suicide watch and determined by a mental health professional or physician, when a mental health professional is not available, that the youth is at imminent risk for harm to self or others.

Suicide Watch Status - a formal treatment status for a youth determined by a mental health professional to be acutely suicidal.

F.

Implementation

The Chief Administrative Office shall develop a written procedure implementing all provisions of this directive.

1.

Crisis Intervention Team

a.

A Crisis Intervention Team shall be designated by the Chief Administrative Officer

which shall include:

(1) A mental health professional who shall be the Crisis Team Leader;

(2) At least one member of the security staff who is the rank of Juvenile Justice Supervisor or above.

(3) Other members who may be chosen from the administrative, chaplaincy, counseling, educational, leisure time services, medical or security staff.

b.

One or more team members shall be available on site on a 24-hour basis.

c.

All staff selected for the Crisis Intervention Team shall be properly trained.

(1) Mental health professionals shall not be required to receive special training unless specifically required by the Chief Administrative Officer.

(2) All other team members shall receive sixteen hours of specialized training prior to serving on the Crisis Intervention Team, unless otherwise approved, in writing, by the agency Chief of Mental Health Services.

(a) The initial 16 hours of training shall be provided through the Training Academy and shall include assessment and intervention techniques in crisis situations.

(b) A team member may provisionally serve on the team after completing four hours of orientation training as determined by the Crisis Team Leader. The team member shall receive the required training provided by the Training Academy at the next available training session.

Case: 1:12-cv-07289 Document #: 123-1 Filed: 02/17/15 Page 3 of 11 PageID #:1425
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Page

10/01/2014DRAFT

3 of 11

Number

04.04.102

(3) All team members shall receive an additional one hour of training quarterly by the facility Crisis Team Leader. The training shall consist of topics selected by the Team Leader which are pertinent to crisis intervention.

2.

Referrals to Crisis Intervention

a.

A procedure shall be established for referral to the Crisis Intervention Team of

youth who exhibit disturbed behavior.

(1) All staff are responsible for promptly reporting to the Crisis Intervention Team or a mental health professional any evidence that a youth is:

(a) Threatening suicide, attempting suicide, or exhibiting other symptoms which indicate that the youth may be at risk for, or intent upon, self-harm or suicide;

(b) Threatening or attempting homicidal behavior, or exhibiting other symptoms which indicate the youth may be at risk for, or intent upon, killing another;

(c) Mentally or emotionally disturbed and potentially dangerous to others, or unable to care for himself due to confusion, disorientation, etc.; or

(d) Exhibiting acute depressive or psychotic symptoms.

b.

Upon notification of the referral, the Crisis Team Member shall determine and

implement the steps necessary, if any, to resolve the crisis or prevent it from

escalating. This may include referral to other staff or services.

(1) The Crisis Team Member shall promptly review the case with the Crisis Team Leader or other designated mental health professional to determine if appropriate services and referrals have been provided. After normal duty hours and on weekends and holidays this review may be by telephone.

(2) The Crisis Team Leader or Member shall monitor and facilitate service delivery including, when appropriate, referral for mental health or medical examination, initiation of crisis treatment plan and recording of visual or verbal checks, and any special recommendations by mental health professionals.

(3) The Crisis Team Leader of Member shall notify the Shift Supervisor of any recommendations involving responsibility of security staff toward the youth.

(4) The crisis response shall be terminated as determined by the Crisis Team Leader or other involved mental health professional.

Case: 1:12-cv-07289 Document #: 123-1 Filed: 02/17/15 Page 4 of 11 PageID #:1426
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Page

10/01/2014DRAFT

4 of 11

Number

04.04.102

3.

Crisis Care Services

Upon the recommendation of a Crisis Team Member or a mental health professional, the Chief Administrative Officer may order that a youth be housed in a crisis care area. Youth who are assigned to a crisis care area shall be placed on observation status, close supervision status, or suicide watch status in accordance with this directive. In extreme emergencies, a youth may be placed in therapeutic restraints in accordance with Administrative Directive 04.04.103.

a.

Crisis Care Area.

(1) The Chief Administrative Officer shall designate an area or areas for housing a youth who is determined by a mental health professional or Crisis Team Member to require removal from the regular housing assignment for mental health treatment or observation. Removal from the general population must comply with the provisions in Administrative Directive 04.04.100.

(2) Crisis care rooms or housing areas shall be equipped to provide for:

(a) Single celling or housing

(b) Control of outside stimuli, especially contact with other youth.

(c) Adequate lighting or lighting controlled from outside of the room or housing area.

(d) Opportunities for observation by staff from as many points in the area as possible.

(e) Opportunities for staff to conveniently hear activities within the room or area.

(f)

Access to health services.

(g) Prompt access by staff into the area.

(3) Close supervision or suicide watch may be provided at a community health care facility pending evaluation or transfer to an appropriate Department facility.

(4) Clothing or other personal property removed from the youth's crisis care room or housing area shall be placed in a secure area.

b.

Observation Status

(1) If it is determined by a mental health professional or Crisis Team Leader that a youth is at increased risk to experience a mental or emotional crisis, the individual may be placed on observation status. No youth meeting

Case: 1:12-cv-07289 Document #: 123-1 Filed: 02/17/15 Page 5 of 11 PageID #:1427
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Page

10/01/2014DRAFT

5 of 11

Number

04.04.102

criteria for close supervision or suicide watch may be placed on this status.

(2) The Chief Administrative Officer shall establish the procedures for this status through a local written procedure. At minimum these procedures shall include:

(a) The procedure for placing a youth on observation status.

(b) Notification of the Crisis Team Leader and Duty Administrative Officer.

(c) Checks by staff at least every 10 minutes and method of documentation.

(d) Daily evaluation by designated staff.

(e) A provision that observation status shall not exceed 72 hours, unless extended by a mental health professional following a formal evaluation.

(f)

A provision that termination of this status shall be upon the written

or verbal order of a mental health professional.

c.

Close Supervision Placement

(1) A youth who is determined by a mental health professional to be acutely disturbed, potentially suicidal or who may pose a threat of serious physical harm to self or others in the near future may be placed on close supervision. When a mental health professional is not on site, this determination shall be made by the Crisis Team Member who shall promptly review the situation with the Crisis Team Leader.

(2) Monitoring of youth who are placed in close supervision shall be documented and shall include the following:

(a) Checks by staff at least every 10 minutes, which include verbal or visual contact with the youth. It is recommended that these checks include a notation on the youth's behavior or speech.

(b) Daily contacts made by a crisis Team Member or an individual from the mental health, medical or psychiatric staff. Additional contacts shall be made as frequently as determined necessary by a mental health professional or medical staff.

(c) A check of the youth's vital signs shall be taken by the health care staff within 24 hours of placement on Close Supervision.

NOTE: Contacts in (b) and (c) above shall include an assessment of a youth's response to treatment and current mental health status. This shall be documented in the medical record and may additionally be noted in the

Case: 1:12-cv-07289 Document #: 123-1 Filed: 02/17/15 Page 6 of 11 PageID #:1428
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Page

10/01/2014DRAFT

6 of 11

Number

04.04.102

crisis record.

(3) The youth shall remain in close supervision until transferred to a mental health treatment setting or until the crisis is resolved as determined by the Crisis Team Leader or any other involved mental health professional. If release from close supervision is authorized via the telephone, a follow-up evaluation by a mental health professional shall be conducted within 72 hours.

d.

Suicide Watch Placement

(1) A youth who is determined by a mental health professional to be acutely suicidal or who poses a threat of serious physical harm to self or others may be placed on suicide watch. Strip celling may be authorized. A physician may make this determination if a mental health professional is not available. Determinations shall be made after the psychiatrist, physician, or mental health professional has personally observed and examined the youth. Clinical reasons for such placement shall be documented.

(2) In the absence of a psychiatrist, physician, or other mental health professional, suicide watch may be temporarily initiated in an emergency upon the recommendation of the Crisis Team Member and with the approval of the Chief Administrative Officer or Duty Administrative Officer. Strip celling may be authorized. If approval is given verbally, the Crisis Team Member shall ensure that Medical Staff document this approval in the medical record and may additionally note it in the crisis record.

(a) A medical or mental health professional order for suicide watch placement or strip celling must be obtained within two hours. This order must clearly specify the clinical reason for the order.

(b) Verbal orders must be confirmed in writing in the medical record within 72 hours by the ordering physician or mental health professional or, if unavailable, by another mental health professional. Verbal orders reviewed by another mental health professional must be confirmed in writing by the ordering physician or mental health professional on the next scheduled working day.

(3) A youth's personal property, particularly the clothing, shall be returned as soon as practical, consistent with the mental health professional's assessment of the inmate's mental health status. Orders for return of property or clothing may be given verbally by a mental health professional in consultation with on-site health care staff or a Crisis Team Member.

(4) Monitoring of youth who are placed in suicide watch shall be documented in writing and shall include the following:

(a) Checks by staff at least every 5 minutes which shall include verbal

Case: 1:12-cv-07289 Document #: 123-1 Filed: 02/17/15 Page 7 of 11 PageID #:1429
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Page

10/01/2014DRAFT

7 of 11

Number

04.04.102

or visual contact with the youth. It is recommended that these checks include a notation on the youth's behavior or speech.

(b) Daily assessments of a youth's mental health status conducted by a mental health professional. On weekends and holidays, the mental health professional may consult by telephone with on-site health care staff or a Crisis Team Member. Additional contacts shall be made as frequently as determined necessary by a mental health professional or medical staff.

(c) A check of the youth's vital signs shall be taken by health care staff within 24 hours of placement on Suicide Watch.

NOTE: Contacts in (b) and (c) above shall include an assessment of the youth's response to treatment and current mental health status. This shall be documented in the medical record and may additionally be noted in the crisis record.

(5) The youth shall remain on suicide watch until the youth is transferred to a mental health treatment setting, community health care facility, or until a mental health professional determines that the crisis has been resolved or that the youth can be placed in a less restrictive crisis care status.

(6) A youth shall be placed in close supervision status for at least 24 hours after the suicide watch status has been terminated unless the psychiatrist, physician, or other mental health professional documents that such observation is not clinically indicated.

e.

Emergency Mental Health Services Records

(1) Upon placement in observation, close supervision, or suicide watch, a treatment plan for emergency services to be rendered to the youth shall be developed. Upon termination of the emergency, the plan, including a notation of the termination and planned follow-up, shall be placed in the youth's medical and master files.

(2) An individualized record or records shall be kept to document security checks, medical checks, treatment visits and other care provided to youth while they are on observation, close supervision, or suicide watch status. These records shall be reviewed regularly by the facility medical director to ensure compliance with this Administrative Directive. A copy of these records shall be placed in the youth's medical file.

NOTE: Logs and forms used to document staff observation times will not have preprinted check times printed on them. Staff making observations on youth on crisis watches shall record the actual time observations are conducted.

4.

Admission to Psychiatric Hospitals

a.

If a youth who has been placed on crisis status has shown little or no improvement

Case: 1:12-cv-07289 Document #: 123-1 Filed: 02/17/15 Page 8 of 11 PageID #:1430
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Page

10/01/2014DRAFT

8 of 11

Number

04.04.102

within the timeframe reasonably expected based upon the individual youth’s diagnosis and prescribed treatment or psychotropic medications, but in no event longer than 72 hours after placement on crisis status, he or she shall be assessed for admission to a community psychiatric hospital.

b.

A youth diagnosed with an acute mental illness who has shown little or no

progress in response to mental health treatment, psychiatric treatment, and

psychopharmacological services shall be assessed for admission to a community

psychiatric hospital if:

(1) He or she is reasonably expected to inflict serious physical harm upon self or others in the near future;

(2) Due to his or her severe mental illness, he or she is unable to provide for his or her basic physical needs so as to guard himself or herself from serious harm; or

(3) He or she has been found unfit to stand trial and requires placement in a psychiatric hospital in order to attain fitness to stand trial.

NOTE: The analysis of the youth’s progress in response to treatment, for purposes of part F 4. (a.) above, shall be whether the youth has shown some level of improvement within the timeframe reasonably expected based upon the individual youth’s diagnosis and prescribed treatment or psychotropic medications, but in no event longer than 72 hours. If a youth with an acute mental illness has shown no response to treatment or prescribed medications after 72 hours, analysis of factors set forth in F (4)(a) (1)-(3) above shall occur.

bc. If a mental health professional finds believes that a youth meets the criteria for community psychiatric hospitalization in paragraph 4.a. or 4.b., he or she shall immediately inform the Treatment Unit Administrator (TUA) or his or her designee who will immediately contact the Chief Administrative Officer and the Chief of Mental Health, who will notify the Deputy Director of Programs and ensure a licensed psychiatrist is available for consult. .

cd. IfThe TUA, in consultation with after consulting with the TUA, the Chief of Mental Health and a licensed psychiatrist, shall assess youth identified under paragraph 4.c. and decide whether to determines hospitalizationseek hospitalization. is the best course of action,

e.

If the TUA determines that hospitalization should be sought:

(1) For those youth who are not eligible for Screening, Assessment, and Support Services (SASS), the TUA shall initiate hospitalization.

(2) For those youth who are eligible for Screening, Assessment, and Support Services (SASS):

(i)

tThe TUA or his or her designee shall: (1a)Notify the youth’s

parent or guardian (if the youth is under the age of 18), ask if the

Case: 1:12-cv-07289 Document #: 123-1 Filed: 02/17/15 Page 9 of 11 PageID #:1431
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Page

10/01/2014DRAFT

9 of 11

Number

04.04.102

youth is covered by private insurance, and tell the parent or guardian what hospital the youth will be transported to, if known; and (b) . (2) Contact Crisis and Referral Entry Services (CARES), request an evaluation from Screening, Assessment, and Support Services (SASS), getobtain the name of the assessor who will be coming to the youth center to make the assessment, and prepare a visitor pass for the assessor.

(ii) NOTE: A SASS assessor will in most cases meet the youth and the TUA at the youth center within 2 hours. In the event of a medical emergency, the TUA will inform CARES that the evaluation shall take place at the hospital. The youth will then be transported by ambulance to the hospital along with a Juvenile Justice Specialist and a mental health professional, in accordance with Administrative Directive 05.03.124.

d.

If the SASS assessor determines that hospitalization is not

required, the youth shall remain in crisis status.

(iii)e.

If the assessor recommends hospitalization the assessor will designate which hospital the youth should be transported to. The TUA or his or her designee shall notify the following of the assessors’ determination:

The Chief Administrative Officer;

The Records Office;

The Chief of Mental Health, who will notify the Deputy Director of Programs; and

The youth’s parent or guardian (if the youth is under the age of 18), and (iv) If the SASS assessor does not recommend hospitalization, the youth should still be hospitalized if, in consultation with the Chief of Mental Health and a licensed psychiatrist, the TUA believes hospitalization should still be sought.

e.

If a decision has been made to hospitalize the youth, the TUA or his or her

designee shall immediately notify the following individuals:

(1) The Chief Administrative Officer;

(2) The Records Office;

(3) The Chief of Mental Health, who will notify the Deputy Director of Programs; and

(4) The youth’s parent or guardian (if the youth is under the age of 18)

Case: 1:12-cv-07289 Document #: 123-1 Filed: 02/17/15 Page 10 of 11 PageID #:1432
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Page

10/01/2014DRAFT

10 of 11

Number

04.04.102

hf. If the assessor or TUA a decision is made decides to hospitalize the youth:

(1) TheThe youth shall be transported to the hospital in accordance with Administrative Directive 05.03.124. Additionally, a A mental health professional shall be transported with the youth, along with 3 days of clothing, a crisis log, documentation from Health Care and Records Office, and a black box, if needed.

i.(2) For youth who are age 18 and over, the hospital may determine that he or she will require transfer to a Department of Human Services (DHS) facility. If a youth is transferred to a DHS facility, the TUA shall inform the Chief of Mental Health.

j. (3)

Prior to return from the psychiatric hospital, the Treatment Unit Administrator shall ensure that the hospital has provided a discharge plan which should include discharge diagnosis, level of stability, and current medications. If a discharge plan has not been provided, staff shall document the efforts they made to obtain one and the reason it was not provided.

k.(4)

Upon return from the psychiatric hospital, the youth shall be assessed by a Mental Health Professional to determine if, based on the youth’s current mental status, continued crisis placement is needed.

(5)l. Within three days of a youth’s return from a psychiatric hospital, the Health Care Unit Administrator shall submit a request for medical and mental health records to the hospital. These records shall be placed in the youth’s medical file. If the records are received after the youth has been transferred to another youth center, the Health Care Unit Administrator shall forward the records to the Health Care Unit Administrator at the youths current assigned youth center.

g.

If the assessor and TUA final decision is to de not to hospitalize the youth, a

multidisciplinary treatment team which includes a licensed psychiatrist, shall meet

within 24 hours to create a specific treatment plan likely to end the mental health

crisis. Immediately after the plan is created, it shall be discussed with the youth

and then implemented. The TUA shall ensure notice to the Chief Administrative

Officer and the Chief of Mental Health, who shall ensure the Deputy Director of

Programs is notified.

h.

Anytime a decision regarding hospitalization is made, the TUA or designee who

evaluated the youth for hospitalization shall document the evaluation and decision

in writing. The documentation shall include the youth’s treatment in the prior three

days, the youth’s response to that treatment, and the reasons why hospitalization

was or was not needed.

i.

Once per quarter, the Department Medical Director, Child and Adolescent

Psychiatrist, Chief of Mental Health, Deputy Director of Programs, and Deputy

Director of Quality Assurance shall conduct a quality assurance review of all

assessments and decisions regarding psychiatric hospitalization made pursuant to

Case: 1:12-cv-07289 Document #: 123-1 Filed: 02/17/15 Page 11 of 11 PageID #:1433
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Page

10/01/2014DRAFT

11 of 11

Number

04.04.102

the provisions of this Administrative Directive.

Authorized by:

Supersedes: 04.04.102A-J

Candice Jones Director
AD

10/01/2014

Case: 1:12-cv-07289 Document #: 123-2 Filed: 02/17/15 Page 1 of 11 PageID #:1434
02/02/2015
Draft Admin. Code Revisions R.J. v. Jones - Confinement
Section 2504.30 Preparation of Disciplinary Reports
a) Every employee has the duty to observe the conduct of youth.
b) When the rule infraction is minor, every effort should be made to take corrective action that is adapted to individual circumstances, administered immediately and consistently, and is understood by the youth through appropriate counseling efforts. If an employee observes a youth committing a potentially major offense, discovers evidence of its commission, or receives information from a reliable witness of such conduct, the employee shall promptly prepare a disciplinary report. When the rule infraction is potentially major and may justify placement on investigative status, the shift supervisor should be contacted immediately. Use of confinement in response to an offense must be consistent with the requirements of Subpart B.
c) The disciplinary report must be fully completed. The reporting employee shall provide the following information to the extent known or available.
1) The name and youth identification number of the youth.
2) The place, time, and date of the offense.
3) The offense that the youth is alleged to have committed.
4) A written statement of the conduct observed.
5) The names of youth, employees, and visitors who were witnesses. The identity of witnesses may be withheld for reasons of security provided a statement to that effect and the information the confidential source provided are included on the disciplinary report to the extent the information can be included without jeopardizing security.
6) The signature of the reporting employee and the date and time the report is completed.
d) If a youth is placed on investigative status, an investigative report shall be issued that reasonably informs the youth of the subject of the investigation to the extent that safety and security allow.
e) Service of a disciplinary report or investigative report upon the youth shall commence the disciplinary proceeding. If a youth is currently confined on investigative status, he or she must be served with an investigative report within 12 hours after placement in confinement. In no event shall a disciplinary report or
 

Case: 1:12-cv-07289 Document #: 123-2 Filed: 02/17/15 Page 2 of 11 PageID #:1435
investigative report be served upon any youth more than 6 days, after the commission of an offense or the discovery thereof unless the youth is unavailable or unable to participate in the proceeding.
Section 2504.50 Review of Disciplinary Reports
a) The Chief Administrative Officer of each facility shall designate one or more Internal Investigators.
b) If a youth is currently confined on investigative status and an investigative report has not been served on the youth within 12 hours after placement in confinement, the Internal Investigator shall inform the Chief Administrative Officer.
c) A youth who is placed on investigative status shall be interviewed by the Internal Investigator in order to permit the youth an opportunity to present his or her views regarding the incident. The interview shall be conducted within 3 days after initial placement of a youth in investigative status, whenever possible.
1) If the investigation does not indicate that the youth may be guilty of any disciplinary offense, placement in investigative status shall be terminated and the report shall be expunged from the youth's records. A copy shall be maintained in an expungement file. This decision shall be made by the Chief Administrative Officer and shall be documented in writing.
2) If, as a result of the investigation, it is necessary to amend or modify the original charges, the youth shall be issued a revised disciplinary report.
3) Upon completion of the investigation, the youth shall appear before the Adjustment Committee for a hearing on the disciplinary report unless the report has been expunged.
d) The Internal Investigator shall review each disciplinary report and determine whether:
1) The reported facts justify a disciplinary hearing. If not, the report shall be expunged from the youth's records. A copy shall be maintained in an expungement file.
2) The disciplinary report has been completed properly. If not, the Internal Investigator shall make the necessary corrections or direct the reporting employee to make the corrections. The youth shall be provided with a copy of the corrected report. In the event the corrected report contains new charges, the youth shall be provided a copy of the corrected report at least 24 hours prior to the hearing, unless the youth waives this notice in writing.
3) The offense is major or minor in nature. Disciplinary reports for major offenses shall be assigned to the Adjustment Committee for a hearing and
 

Case: 1:12-cv-07289 Document #: 123-2 Filed: 02/17/15 Page 3 of 11 PageID #:1436
disciplinary reports for minor offenses shall be assigned to the Program Unit for a hearing.
A) Aiding and abetting, soliciting, attempting to commit, conspiring to commit, or committing any offense listed in the 100, 200, or 500 series of Table A shall be considered a major offense.
B) Those offenses listed in the 300 or 400 series or the aiding and abetting, soliciting, attempting to commit, or conspiring to commit any of these offenses shall be designated as major or minor based on the seriousness of the offense and the following factors :
i) The aggressiveness of the youth;
ii) The threat posed to the safety and security of the facility or any person;
iii) The need to restrict the youth's access to general population to conduct the investigation; or
iv) The seriousness of the offense.
SUBPART B: CONFINEMENT PROCEDURES
Section 2504.210 Definitions
"Chief Administrative Officer" means the highest ranking official of a youth center.
"Confinement" means intentionally keeping a youth separate from all other youth, removing a youth from the general population, restricting the movement of a youth, or confining a youth to a room or area for any period of time for the reasons defined herein regardless of whether the youth is placed on a confinement unit. Confinement of a youth for any reason not defined in this rule is not permitted.
“Confinement unit” – means an area within the youth center designated by the Chief Administrative Officer to house youth who, for safety and security reasons, require close supervision and limited out of room time, access to privileges, and contact with other youth. Youth may only be placed in the confinement unit in accordance with Section 2504.220.
“Confinement decision” means a decision by a staff member to initially confine a youth, to continue or change the basis for confinement, to remove a youth from confinement, to initially restrict access to programs or services of a youth on confinement, or continue or adjust such restrictions.
"Department" means the Department of Juvenile Justice.
 

Case: 1:12-cv-07289 Document #: 123-2 Filed: 02/17/15 Page 4 of 11 PageID #:1437
“Deputy Director of Operations” means the Deputy Director of Operations of the Department of Juvenile Justice.
"Director" means the Director of the Department of Juvenile Justice.
"Youth" means a person committed to the Department or to the custody of the Department.
“Investigative Status” means a status given to a youth who is temporarily confined, after approval of the Deputy Director of Operations, where confinement is necessary for the efficient and effective investigation of a major offense as defined in Section 2504.50.
“Administrative Hold” means the status of a youth who is temporarily being housed in a particular youth center, and includes, but is not limited to, youth awaiting transfer to the Department of Corrections or another youth center, youth permanently assigned to another youth center being housed for purposes of attending court, youth awaiting release or who were delivered to the Department by mistake.
“Confinement Status” means a status assigned to a youth who exhibits or threatens violent, aggressive, or uncontrolled behavior and poses a serious an immediate threat to his or her own safety, the safety of others, or the security of the facility.
“Behavioral Hold” means the confinement of a youth to their own room or other area, separate from the confinement unit, when a youth has violated a department or youth center rule, failed to follow instructions of youth center staff, or otherwise behaved in a disruptive manner.
“Crisis Status” means a status assigned to a youth who exhibits behavior suggestive of acute mental or emotional disorder or suicidal ideation.
“Medical Hold” means the confinement of a youth ordered by a physician for purposes of medical quarantine, recovery, or observation.
Section 2504.215 Responsibilities
a) Unless otherwise specified, the Director, Deputy Director of Operations, 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, Deputy Director of Operations, or Chief Administrative Officer shall personally perform the duties. However, the Director, Deputy Director of Operations, 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.
Section 2504.220 Placement in the Confinement Unit
 

Case: 1:12-cv-07289 Document #: 123-2 Filed: 02/17/15 Page 5 of 11 PageID #:1438
The confinement of a youth in the confinement unit must comply with the following requirements:
a) The Chief Administrative Officer may designate an area within the youth center, separate from all other youth, as the confinement unit. Youth may be removed from the general population and place in the confinement unit only under the following conditions:
1) When a youth is placed on Investigative Status he or she may be placed in the confinement unit. Such confinement must comply with the requirements of Section 2504.250;
2) When a youth is placed on Confinement Status he or she may be placed in the confinement unit only until the youth regains self-control and for no longer than 24 hours;
3) When a youth is on an Administrative Hold and is awaiting transfer to the Department of Corrections or a more secure setting, or the Chief Administrative Officer documents other safety or security reasons why a less restrictive form of housing is not appropriate he or she may be placed in the confinement unit for a maximum of 3 business days;
4) When a youth is on an Administrative Hold for reasons other than those described in paragraph 3 above, he or she may be housed in the confinement unit for a maximum of 24 hours; and
5) When a youth is on Crisis Status he or she may be placed in the confinement unit only when a mental health professional determines that such placement is necessary to prevent physical harm to self or others and a less restrictive area is not available or sufficient.
A) The necessity of such placement shall be reviewed by a mental health professional every 24 hours, and if placement in the confinement unit is still necessary after three days, the youth shall be evaluated for psychiatric hospitalization.
B) Such youth must be removed from the confinement unit once the risk of physical harm to self or others ends or a less restrictive area become available or sufficient.
C) Whenever feasible given the physical layout of the confinement unit and youth then present, a youth on Crisis Status shall be sight and sound separated from youth in the confinement unit for other reasons.
6) When a youth is on a Medical Hold he or she may be placed in the confinement unit only when ordered by a physician after a determination
 

Case: 1:12-cv-07289 Document #: 123-2 Filed: 02/17/15 Page 6 of 11 PageID #:1439
that a less restrictive area is not available or sufficient to meet the youth’s medical needs.
A) The necessity of such placement shall be reviewed by a physician every 24 hours.
B) Whenever feasible given the physical layout of the confinement unit and youth then present, a youth on Medical Hold shall be sight and sound separated from youth in the confinement unit for other reasons.
b) While on the confinement unit, visual checks and verbal communications required by Section 2504.230(e) shall be made no less than every 15 minutes
c) All other confinement of youth must occur in their rooms or living areas or in another area designated by the Chief Administrative Officer and under the conditions as otherwise provided in this Subpart.
Section 2504.230 General Confinement Requirements
All confinement, regardless or basis or location, must comply with the following requirements:
a) All confinement decisions shall be documented and justified in writing as soon as practical by the staff member making such decision.
b) The Chief Administrative Officer shall be notified of all decisions to confine for any reason as soon as possible and shall review all documentation justifying such decisions.
c) Any medical complaint registered by the youth or possible medical concern observed by staff while in confinement shall be reported immediately to the medical staff, if on duty, or to the shift supervisor who shall contact a member of the medical staff immediately.
d) Visual checks by youth center staff shall be made of all youth in confinement no less than every 15 minutes, shall include a verbal confirmation from the youth during waking hours, and during sleeping hours if and as often as ordered by a physician or mental health professional, and shall be documented.
e) Use of physical restraints on youth in confinement must comply with 20 Ill. Adm. Code 2501.Subpart B.
f) Youth in confinement shall be provided time outside the room for daily showers, personal grooming, and recreation.
g) Youth confined for 24 hours or more shall be provided a minimum of 8 hours of out-of-room time for every 24-hour period, including at least one hour of large-
 

Case: 1:12-cv-07289 Document #: 123-2 Filed: 02/17/15 Page 7 of 11 PageID #:1440
muscle exercise. This hour of exercise shall be out doors when weather permits.
1) Such out-of-room time may be restricted on orders of the Chief Administrative Officer when release of the youth poses a threat to the safety of the individual or others or to the security of the facility. Such determinations shall be documented and justified.
2) All out-of-room movement shall be documented
h) Youth confined for 24 hours or more shall be interviewed daily by a mental health professional. If the mental health professional is not licensed, he or she shall review the substance of the interview with a licensed mental health professional.
i) Anytime a youth is in confinement for 18 consecutive hours or on more than 10 occasions in any 30 day period, the Deputy Director of Operations shall be notified immediately and all documentation justifying such confinement shall be forwarded to him or her.
j) The parents or guardian of a youth under 18 years of age shall be notified anytime such youth is confined for 24 hours or more.
k) Youth in confinement shall continue to receive the mental health services they ordinarily receive.
l) Youth in confinement shall have the opportunity to receive the educational services they ordinarily receive, unless the Chief Administrative Officer personally determines that providing such services to the youth poses a threat to the physical safety of the individual or others or to the security of the youth center. Such determinations shall be documented and justified. The opportunity to receive educational services shall resume when the threat ends.
m) Youth in confinement shall be permitted to have family, attorney, and clergy visits. Family and clergy visits may be restricted by order of the Chief Administrative Officer when the youth poses a threat to the physical safety of the individual or others or to the security of the youth center. Such determinations shall be documented and justified.
n) Reading materials shall be provided to the youth for use in the room provided the materials are not abused. Youth shall be provided access to writing materials daily, outside the room. Any abuse of reading or writing materials must be documented on a disciplinary report and may result in temporary restriction except for communication to counsel or the court. Such determinations shall be documented and justified.
o) The Department shall maintain cumulative data on all confinement decisions.
Section 2504.240 Confinement Status
 

Case: 1:12-cv-07289 Document #: 123-2 Filed: 02/17/15 Page 8 of 11 PageID #:1441
a) A youth may be placed on Confinement Status and confined in the confinement unit or other area designated by the Chief Administrative Officer when he or she exhibits or threatens violent, aggressive, or uncontrolled behavior and poses a serious threat to his or her own safety, the safety of others, or the security of the facility.
b) Such confinement must end when the youth regains self-control and may not exceed 24 hours in duration.
c) Unless sooner removed from confinement, within one hour of confinement and every hour thereafter if the youth is awake, a supervisory staff member shall meet with the youth to assess whether the youth has regained self-control.
d) If a youth has not regained self-control after 4 hours in confinement, staff shall meet with the youth, attempt to assist the youth in regaining self-control, and assess whether the youth has any immediate needs for additional mental health services. Such staff shall continue to check in every 2 hours if the youth is awake, until the youth is removed from Confinement Status. If a mental health professional is on grounds, a mental health professional shall perform these checks. If a mental health professional is not on grounds, the checks shall be performed by other staff specifically trained in crisis response.
e) Within 24 hours after the initiation of confinement status, regardless of whether or not the confinement has ended, the youth shall be referred to a mental health professional to determine whether additional treatment services are needed.
Section 2504.250 Investigative Status
a) A youth may be placed on Investigative Status and confined in the confinement unit or other area designated by the Chief Administrative Officer when that youth is alleged to have committed a major offense as defined 2504.50, the temporary confinement is necessary for the efficient and effective investigation of the offence, and such confinement is personally approved by the Deputy Director of Operations.
b) Such confinement must end when, regardless of the maximum time established, the Internal Investigator, Chief Administrative Officer, or Deputy Director of Operations determines that continued confinement is no longer necessary for the efficient and effective investigation of the offence.
c) Such confinement may continue for a maximum of 4 days, unless:
1) The investigation is being conducted by an outside agency and the agency submits to the Deputy Director of Operations documentation supporting why continued placement in the confinement unit is necessary; or
2) In the event that an investigation cannot be completed within 4 days due to an institutional emergency, and the Deputy Director of Operations
 

Case: 1:12-cv-07289 Document #: 123-2 Filed: 02/17/15 Page 9 of 11 PageID #:1442
personally authorizes, in writing, an extension of up to 4 days placement in confinement for pending investigation. As used in this Section, an institutional emergency includes riots, strikes, lockdowns, and natural disasters.
Section 2504.260 Administrative Hold
a) A youth may be placed on an Administrative Hold when temporarily being housed in a particular youth center and may be separated from other youth for administrative or security purposes as personally determined by the Chief Administrative Officer.
b) Youth on an Administrative Hold may be placed in the confinement unit only as provided in Section 2504.220.
c) The Department shall make every reasonable effort to provide youth on an Administrative Hold, who are not placed in the confinement unit for safety and security reasons, with access to the same programs and services youth in the general population have. Any restrictions on movement or access to programs and services shall be documented and justified by the Chief Administrative Officer.
Section 2504.270 Behavioral Hold
a) A youth may be placed on a Behavioral Hold when a youth has violated a Department or youth center rule, failed to follow instructions of youth center staff, or otherwise behaved in a disruptive manner.
b) The shift supervisor shall be immediately notified anytime a youth is places on a Behavioral Hold.
c) All youth shall be informed of what behaviors are unacceptable and may result in a Behavioral Hold.
d) Youth on a Behavioral Hold shall be confined in their own room or other area designated by the Chief Administrative Officer and may not be placed in the confinement unit.
e) Within 30 minutes of confinement, a staff member not involved in the behavioral incident shall meet with the youth, provide counsel and guidance regarding the behavior, and de-escalate the behavior where necessary.
f) A youth shall be removed from the behavioral hold once the shift supervisor determines the youth has demonstrated an understanding of the behavior and the desire and ability to return to program participation with no further behavioral issues. Unless sooner removed from confinement, within one hour of confinement
 

Case: 1:12-cv-07289 Document #: 123-2 Filed: 02/17/15 Page 10 of 11 PageID #:1443
and every hour thereafter, a supervisory staff member shall meet with the youth to assess whether the youth has done so.
g) At no time may a youth on a behavioral hold be confined for more than 4 hours.
Section 2504.280 Crisis Confinement
a) A youth on Crisis Status may be placed in the confinement unit or other area designated by the Chief Administrative Officer when determined by a mental health professional or other staff specifically trained in crisis response to require removal from the youth’s regular housing assignment for mental health treatment or observation. Unless the determination is made by a licensed mental health professional:
1) If a licensed mental health professional is on grounds, then within one hour he or she shall personally assess the youth, and decide whether to continue the confinement and whether additional treatment services are needed.
2) If a licensed mental health professional is not on grounds, then within one hour the individual who made the determination shall notify the on-call licensed mental health professional. A licensed mental health professional shall, within one hour of his or her arrival on grounds, but in no event more than 24 hours after the determination was made, personally assess the youth, and decide whether to continue the confinement and whether additional treatment services are needed.
b) The Department shall establish procedures for the timely identification of, referral to appropriate staff, and provision of mental health services to youth in crisis.
c) Youth on Crisis Status may be placed in the confinement unit only as provided in Section 2504.220.
d) Where crisis status is ordered and there is no present risk of physical harm to self or others, a youth’s movement and access to programs and services may only be restricted as specifically ordered by a mental health professional based on a finding of mental health need. These restrictions shall be reviewed by a mental health professional daily.
Section 2504.290 Medical Hold
a) A youth may be placed on a medical hold and confined for purposes of medical quarantine, recovery, or observation only when ordered by a physician.
b) Youth on a medical hold may only be confined in their own room or other area designated by the Chief Administrative Officer and may not be placed in the confinement unit.
 

Case: 1:12-cv-07289 Document #: 123-2 Filed: 02/17/15 Page 11 of 11 PageID #:1444 c) Where a medical hold is ordered, a youth’s movement and access to programs and services may only be restricted as specifically ordered by the physician based on a finding of medical need. These restrictions shall be reviewed by a physician daily.
 

Case: 1:12-cv-07289 Document #: 123-3 Filed: 02/17/15 Page 1 of 3 PageID #:1445

Illinois
Department of
Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Number Page
Effective

05.01.126 1 of 33
3/1/2009DRAFT

Section

05

Operations

Subsection

01

Security

Subject

126

Security Restraints

I.

POLICY

A.

Authority

730 ILCS 5/3-2-2, 3-2.5-20, and 3-6-7

20 Ill. Adm. Code 5012501

B.

Policy Statement

The Department shall use security restraints to protecting property, persons, or to ensure the custody of youth. Security restraints shall not be applied for more time than is absolutely necessary or used for the purpose of punishment.

II.

PROCEDURE

A.

Purpose

The purpose of this directive is to establish a written procedure for the use and control of security restraints.

B.

Applicability

This directive is applicable to all youth centers within the Department.

C.

Internal Audits

An internal audit of this directive shall be conducted at least annually.

D.

Designees

Individuals specified in this directive may delegate stated responsibilities to another person or persons unless otherwise directed.

E.

Definition

Security restraints - devices, such as handcuffs, security belts, and leg shackles, approved by the Department for use to limit movement for security reasons.

F.

Requirements

The Chief Administrative Officer shall ensure that a written procedure for the use and control of security restraints is established. The written procedure shall provide for the following:

Case: 1:12-cv-07289 Document #: 123-3 Filed: 02/17/15 Page 2 of 3 PageID #:1446
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

DRAFT

Page

2 of 3

Number

05.01.126

1.

Use of Security Restraints

a.

Use of security restraints on youth classified as minimum supervision and low

escape risk shall be at the discretion of the Chief Administrative Officer.

b

a.

Except as otherwise provided herein, or in accordance with Administrative Directive

05.03.130 regarding pregnant youth, security restraints shall be used:

(1) To prevent a youth from escaping;

(2) To retake a youth who has escaped or run away;

(3) To prevent or suppress violence by a youth against another person or property; or

(4) When transporting a youth outside the youth center for the purposes of transfers, writs, etc., exceptin accordance with Administrative Directive 05.03.123.

b.

Restrains shall not be used when transporting youth assigned to work details

outside the youth center or when transporting a pregnant youth for purposes of

delivery.

c.

Youth on funeral furlough shall be restrained in accordance with Administrative

Directive 05.03.127.

d.

Except as otherwise provided in Administrative DirectiveDirectives 05.03.123 and

05.03.130 regarding youth assigned to a Security Level Five and pregnant youth,

security restraints may be used:

(1) When moving a youth within a youth center who is in disciplinary confinementon Cconfinement Sstatus, Iinvestigatory Sstatus, or who is in confinement pending investigationan Aadministrative Hhold and awaiting transfer to the Department of Corrections or a more secure setting within the youth center, if based on the youth’s own behavior, there is a present and genuine risk that the youth will attempt to escape or injure another person; or

(2) Whenever the Chief Administrative Officer deems it is necessary in order to ensure security within the youth center or within the community.

e.

Every use of security restraints shall be documented. Such documentation shall

identify the youth the restraints were applied to; include the date, location and the

time the restraints were applied and removed; and the reason for applying the

restrains. Shift supervisors shall review all such documentation during the shift in

which the restraints were used. The Deputy Director of Quality Improvement shall

regularly conduct statistical analysis of patterns in the aggregate of such

documentation to identify any uses inconsistent with Department policy and any

Case: 1:12-cv-07289 Document #: 123-3 Filed: 02/17/15 Page 3 of 3 PageID #:1447
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

DRAFT

Page

3 of 3

Number

05.01.126

opportunities to improve Department policy.

2.

Inventory and Control

a.

A written master inventory of all security restraints, dated and signed by the Chief

Administrative Officer, shall be maintained.

b.

Security restraints that have not been issued to staff shall be stored and

maintained in a secure area or areas that are not accessible to youth.

c.

A log documenting issuance and return of security restraints shall be maintained in

the secure area or areas. The log shall include:

(1) Date and time issued;

(2) Receiving employee's name;

(3) Issuing employee's name;

(4) Date and time returned; and

(5) Name of employee receiving the returned restraints.

d.

A written report shall be filed on lost, broken, or malfunctioning security restraints.

The report shall be reviewed by the Chief of Security and maintained on file with

the security restraints inventory records for a minimum of one year.

Authorized by:

Supersedes: 05.01.126

Candice Jones Director
AD

3/1/2009

 
 Case: 1:12-cv-07289 Document #: 127 Filed: 03/23/15 Page 1 of 2 PageID #:1494

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

R.J., B.W., D.F., D.G., and M.D., on behalf )

of themselves and all others similarly situated, )

by their next friend Jeffrey Shaman,

)

)

Plaintiffs,

)

) Case No. 12-cv-7289

v.

)

) Hon. Matthew F. Kennelly

CANDICE JONES, in her official capacity

)

as Director of the Illinois Department of

)

Juvenile Justice,

)

)

Defendant.

)

JOINT SUBMISSION OF MONITORS’  STATEMENT

Plaintiffs and defendant, by their respective counsel, respectfully submit the attached

statement of the three Court-appointed monitors regarding the draft IDJJ confinement policies.

DATED: March 23, 2015
For the plaintiffs:
By: /s/ Adam Schwartz
Adam Schwartz Harvey Grossman Benjamin S. Wolf Lindsay S. Miller Roger Baldwin Foundation of ACLU, Inc. 180 North Michigan Avenue, Suite 2300 Chicago, IL 60601 (312) 201-9740
Maja C. Eaton Kevin M. Fee, Jr. Joseph R. Dosch Sidley Austin LLP One South Dearborn Street Chicago, IL 60603 (312) 853-7000

Respectfully submitted,
For the defendant:
By: /s/ Michael T. Dierkes
Michael T. Dierkes Deborah M. Beltran Office of the Illinois Attorney
General General Law Bureau 100 West Randolph Street, 13th Floor Chicago, IL 60601 (312) 814-3672

Case: 1:12-cv-07289 Document #: 127 Filed: 03/23/15 Page 2 of 2 PageID #:1495 CERTIFICATE OF SERVICE
I hereby certify that on March 23, 2015, I caused true and correct copies of the foregoing JOINT SUBMISSION OF  MONITORS’  STATEMENT  to be served upon all counsel of record  via  the  Court’s  ECF  filing  system.
/s/Adam Schwartz Adam Schwartz
2

Case: 1:12-cv-07289 Document #: 127-1 Filed: 03/23/15 Page 1 of 4 PageID #:1496
Statement of Barry Krisberg, Louis Kraus, and Peter Leone Regarding the draft IDJJ confinement policies
We are the Court-appointed monitors in the R.J. v. Jones lawsuit. We have reviewed the draft IDJJ confinement policies. In our opinion, they fall within the range of acceptable professional practices in juvenile justice facilities. This opinion rests in part on two related principles. First, juvenile justice facilities must make every effort to avoid any kind of restrictive and solitary confinement of youth, and whenever possible must first attempt less restrictive techniques. Second, there are critical differences between two distinct practices in juvenile justice facilities: isolation, which is never the least restrictive alternative; and separation, which sometimes is warranted in rare cases involving the protection of the life and safety of youth and staff. Isolation,  often  called  “solitary  confinement,”  involves  placing  a  youth  alone  in a locked room without human contact, for the purpose of punishment, often for an extended period of time. Isolation falls outside the range of acceptable professional practices in juvenile justice facilities to prevent grave harm to youth and staff. The overwhelming weight of research and professional experience demonstrates that isolation is harmful to adolescents, and especially to those with mental health issues. Moreover, isolation has been shown to undermine the rehabilitative mission of juvenile justice facilities, and to not advance any security or other government interests. Also,  isolation  usually  involves  the  deprivation  of  a  youths’  ordinary   education, mental health, and other rehabilitative programming. Separation, on the other hand, involves removing a youth from the general population but not from all human contact, for the purpose of safety, for shorter periods of time. If properly regulated and supervised, separation can fall within the range of acceptable professional practices in juvenile justice facilities. Examples of allowable separation might include: removal

Case: 1:12-cv-07289 Document #: 127-1 Filed: 03/23/15 Page 2 of 4 PageID #:1497
from the general population of a youth who is out-of-control and dangerous, until they can regain their self-control; temporary seclusion of a youth who is acutely mentally ill and suicidal; and brief  “time  out”  for  a  youth,  as part of a behavioral management program, until the youth is prepared to return to the general population without further incident. Separated youths continue to receive their full education, mental health, and other rehabilitative programming, to the extent that this is consistent with life and safety concerns.
This critical distinction between forbidden isolation and potentially allowable separation is  demonstrated  by  the  policy  statement  on  “Solitary  confinement  of  juvenile  offenders”  adopted   in 2012 by the American Academy of Child & Adolescent Psychiatry. It provides in pertinent part:
 “Solitary confinement is defined as the placement of an incarcerated individual in a locked room or cell with minimal or no contact with people other than staff of the correctional facility. It is used as a form of discipline or punishment. The potential psychiatric consequences of prolonged solitary confinement are well recognized and include depression, anxiety and psychosis. Due to their developmental vulnerability, juvenile offenders are at particular risk of such adverse reactions. Furthermore, the majority of suicides in juvenile correctional facilities occur when the individual is isolated or in solitary confinement. . . . The American Academy of Child and Adolescent Psychiatry . . . opposes the use of solitary confinement in correctional facilities for juveniles.”
 “Solitary  confinement  should  be  distinguished  from  brief  interventions  such  as  ‘time  out,’   which may be used as a component of a behavioral treatment program in facilities serving children and/or adolescents, or seclusion, which is a short term emergency procedure, the
2

Case: 1:12-cv-07289 Document #: 127-1 Filed: 03/23/15 Page 3 of 4 PageID #:1498
use of which is governed by federal, state and local laws and subject to regulations developed by the Joint Commission, CARF and supported by the National Commission of Correctional Healthcare (NCHHC), the American Correctional Association (ACA) and other  accrediting  entities.” Numerous features of the draft IDJJ confinement policies filed in February 2015 forbid isolation while closely regulating and supervising separation. The draft IDJJ confinement policies are responsive to almost of all of the principles that have been articulated by national juvenile justice organizations and summarized by national juvenile corrections expert Paul Demuro in his  essay  “  Towards  Abolishing  the  Use  of  Disciplinary  Isolation  in  Juvenile  Justice   Institutions:  Some  Initial  Ideas”    (January  22,  2014).  The  IDJJ  draft  policies  closely  track the standards on juvenile detention centers proposed by the Annie E. Casey Foundation. Here are some of the examples of positive reforms being proposed by IDJJ in the use of confinement:  Six forms of confinement are authorized and closely regulated.    “Confinement  status”  is   allowed for a youth who is out-of-control and dangerous, ends when the youth regains self-control, and cannot last longer than twenty-four hours. “Crisis  confinement”  is   allowed for youths at risk of self-harm, as promptly determined by a licensed mental health professional. “Behavioral  hold,”  or  time  out,  is  allowed until a youth is ready to return to program participation without further incident, and cannot last longer than four hours. “Medical  hold”  is  allowed  when  a  physician  finds  it  medically  necessary.     “Administrative  hold”  is  allowed, as determined by the facility superintendent, for youths temporarily  present  at  a  facility.    “Investigative  status”  is  allowed  when  the  IDJJ’s  
3

Case: 1:12-cv-07289 Document #: 127-1 Filed: 03/23/15 Page 4 of 4 PageID #:1499
Deputy Director of Operations finds confinement of a youth necessary to ensure they can be effectively investigated for their own alleged major offense.  Each of these six authorized forms of confinement has necessary limits and well defined supervisory controls.  All other forms of confinement are explicitly prohibited. This includes confinement for punitive reasons.  Each IDJJ youth’s  ordinary  education and mental health services are provided to them while in confinement.  Safety  checks  are  provided  every  five  to  fifteen  minutes,  depending  upon  the  youth’s  risk   of self-harm.  Youths confined for 24 hours or more receive eight daily out-of-room hours.  Across-the-board supervisory controls include: documentation of every confinement decision; immediate notice to the facility superintendent of all decisions to confine a youth; notice  as  soon  as  possible  to  the  IDJJ’s  Deputy  Director  of  Operations of every confinement for 18 hours or longer, and of every accumulation of ten confinement episodes of a particular youth during a single 30-day period; and maintenance of cumulative confinement data.  Finally, in May 2015, the IDJJ will promulgate an additional policy that explicitly requires staff to make every effort to avoid any kind of confinement, and when possible to first attempt less restrictive techniques. IDJJ is committed to providing sufficient training to its entire staff on the regulations governing the use of confinement and other forms of restrictive housing.
4

 
 Case: 1:12-cv-07289 Document #: 133 Filed: 04/20/15 Page 1 of 5 PageID #:1566

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

R.J., et al. vs.

Plaintiffs,

CANDICE JONES, Defendant.

)

)

)

)

Case No.: 12-cv-07289

)

)

Hon. Matthew F. Kennelly

)

)

)

)

DEFENDANT’S SUBMISSION OF POLICIES PURSUANT TO PARAGRAPH I(3) OF THE REMEDIAL PLAN

Defendant Candice Jones, Director of the Illinois Department of Juvenile Justice

(“DJJ”), by her attorney, Lisa Madigan, Attorney General of Illinois, submits the attached

policies for the Court’s review and approval.

1. The remedial plan in this case (Dkt. No. 73) requires the DJJ to develop

certain policies. For each such policy, paragraph I(3) of the plan requires the DJJ to

provide a draft to the court-appointed experts and plaintiffs’ counsel at least 30 days prior

to the deadline specified in the plan, consider in good faith any proposed revisions and

meet and confer upon request, submit the policy to the Court for its review and approval,

and implement the policy.

2. Pursuant to the remedial plan and related court orders, DJJ filed ten

policies on October 20, 2014. (Dkt. No. 102) The Court approved seven of those

policies on November 26, 2014, and deferred review of the remaining three policies,

related to confinement and restraints, in light of plaintiffs’ objections to those policies.

(Dkt. No. 115)

1

Case: 1:12-cv-07289 Document #: 133 Filed: 04/20/15 Page 2 of 5 PageID #:1567
3. On January 9, 2015, the parties reported to the Court that, with the assistance of the court-appointed monitors, they had resolved plaintiffs’ objections to the remaining policies. (Dkt. No. 122)
4. On February 17, 2015, DJJ submitted the revised policies for the Court’s approval. (Dkt. No. 123) The next day, plaintiffs filed a memorandum describing the policies and the negotiation process. (Dkt. No. 124)
5. On February 27, 2015, the Court requested additional filings by the parties regarding the confinement policies. (Dkt. No. 125) The Court deferred approval of the policies (relating both to confinement and mechanical restraints) pending the filings on the confinement policies.
6. On March 23, 2015, the parties jointly filed a statement of the monitors supporting the revised confinement policies, DJJ filed a summary describing its usage of confinement (attaching a sampling of incident reports), and plaintiffs filed a supplemental submission regarding the confinement policies. (Dkt. Nos. 127, 128, 129)
7. On March 27, 2015, the Court indicated that it was satisfied with the parties’ submissions, but deferred its approval of DJJ’s polices to permit the parties to discuss two items raised in plaintiffs’ supplemental submission. Specifically, plaintiffs requested additional language clarifying that (1) crisis confinement shall end if a licensed mental health professional determines that a youth should not be continued on crisis confinement; and (2) facility staff shall be physically present and available to the youths during the eight hours of daily out-of-room time for youths confined more than 24 hours. (Dkt. No. 128 at 13-14)
2

Case: 1:12-cv-07289 Document #: 133 Filed: 04/20/15 Page 3 of 5 PageID #:1568
8. Following the March 27, 2015 status hearing, the parties conferred and reached an agreement regarding plaintiffs’ proposed additional language. DJJ has further revised proposed Illinois Administrative Code Part 2504, Subpart B to address plaintiffs’ two concerns. These changes are indicated in redlining in the attached Exhibit A, at Section 2504.280(a)(2) (“Youth shall be removed from confinement if the licensed mental health professional decides under subsection (1)(i) or (1)(ii) that confinement should not continue.”) and Section 2504.230(k) (“During [the eight hours of] out-of-room time, the youth shall be in the physical presence of, and have the opportunity to speak with, facility staff.”).
9. In addition to these revisions, DJJ has stricken certain language from other subparts of proposed Illinois Administrative Code Part 2504 because it was inconsistent with the new, more restrictive confinement rules. These changes are indicated in redlining in the attached Exhibit A, at Subpart A and Table A. Plaintiffs’ counsel has reviewed and agrees with these changes.
10. In a similar vein, DJJ has stricken language from Illinois Administrative Code Part 2535, Personal Property that would have allowed youths on confinement to be denied the privilege of possessing audio-visual equipment. These changes are indicated in redlining in the attached Exhibit C, at Section 2535.30(f), (g), and (h). Plaintiffs’ counsel has reviewed and agrees with these changes.
11. With this filing, DJJ attaches Exhibits A through G for the Court’s approval:
3

Case: 1:12-cv-07289 Document #: 133 Filed: 04/20/15 Page 4 of 5 PageID #:1569
(a) Exhibits A and B are redlined and clean versions of Illinois Administrative Code Part 2504, Discipline and Grievances. This includes subpart B on Confinement Procedures and the other subparts, some of which were modified to make them consistent with the new, more restrictive confinement rules.
(b) Exhibits C and D are redlined and clean versions of Illinois Administrative Code Part 2535, Personal Property. As noted above, this part was modified by striking language that would have allowed youths on confinement to be denied the privilege of possessing audio-visual equipment.
(c) Exhibit E, Part II(F)(4) is the previously filed (Dkt. No. 123-1, filed 2/17/2015) Administrative Directive 04.04.102, Emergency Mental Health Services, which addresses hospitalization of youths on crisis confinement.
(d) Exhibits F and G are the previously filed (Dkt. Nos. 123-3, filed 2/17/2015 and 102-10, filed 10/20/2014) Administrative Directive 05.01.126 and Illinois Administrative Code Part 2501, General Security regarding limitations on the use of mechanical restraints.
WHEREFORE, DJJ respectfully requests that this Court approve the policies attached as Exhibits A through G hereto.
4

Case: 1:12-cv-07289 Document #: 133 Filed: 04/20/15 Page 5 of 5 PageID #:1570

Dated: April 20, 2015
LISA MADIGAN Attorney General of Illinois

Respectfully submitted,
/s/ Michael T. Dierkes
Michael T. Dierkes Office of the Illinois Attorney General 100 West Randolph Street, 13th Floor Chicago, Illinois 60601 (312) 814-3000
Counsel for Defendant

5

Case: 1:12-cv-07289 Document #: 133-1 Filed: 04/20/15 Page 1 of 24 PageID #:1571

TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE SUBCHAPTER d: OPERATIONS

PART 2504 DISCIPLINE AND GRIEVANCES

SUBPART A: ADMINISTRATION OF DISCIPLINE

Section 2504.12 2504.15 2504.20 2504.30 2504.40 2504.50 2504.60 2504.70 2504.80 2504.90 2504.100 2504.110 2504.150

Definitions Responsibilities Offenses and Maximum Penalties Preparation of Disciplinary Reports Temporary Confinement (Repealed) Review of Disciplinary Reports Adjustment Committee and Program Unit Composition Adjustment Committee Hearing Procedures New or Additional Proceedings Program Unit Hearing Procedures Computation of Discipline for Multiple Offenses Restitution Procedures Restoration of Good Time

SUBPART B: CONFINEMENT PROCEDURES

Section 2504.210 2504.215 2504.220 2504.225 2504.230 2504.240 2504.250 2504.260 2504.270 2504.280 2504.290

Definitions Responsibilities Placement in Confinement (Repealed) Placement in the Confinement Unit General Confinement RequirementsProcedures Confinement Status Investigative Status Administrative Hold Behavioral Hold Crisis Confinement Medical Hold

SUBPART C: GRIEVANCE PROCEDURES FOR YOUTH

Section 2504.302 2504.305 2504.310

Definitions Responsibilities Filing of Grievances

Case: 1:12-cv-07289 Document #: 133-1 Filed: 04/20/15 Page 2 of 24 PageID #:1572

2504.320 2504.330 2504.340 2504.350 2504.360 2504.370

Grievance Officer Grievance Procedures Emergency Procedures Appeals Records Direct Review by Administrative Review Board

SUBPART D: GRIEVANCE PROCEDURES FOR RELEASEES

Section 2504.400 2504.405 2504.410 2504.420 2504.430 2504.440

Applicability Definitions Responsibilities Filing of Grievances Review of Grievances Appeals

2504.APPENDIX A 2504.TABLE A

Offense Numbers and Definitions Maximum Penalties for Youth

AUTHORITY: Implementing the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.) and implementing and authorized by Sections 3-2.5-20, 3-5-2, 3-6-3, 3-10-8 and 3-10-9 of the Unified Code of Corrections [730 ILCS 5/3-2.5-20, 3-5-2, 3-6-3, 3-10-8 and 3-10-9]. Section 2504.60 implements a Consent Decree (U.S. Department of Justice vs. the State of Illinois, #S-CIV-76-0158, S.D. Ill., 1978). Section 2504.70 implements a Consent Order (Arsberry vs. Sielaff, #74 C 1918 and Longstreet vs. Sielaff, #74 C 1951, N.D. Ill., 1982).

SOURCE: Adopted at 8 Ill. Reg. 14427, effective August 1, 1984; amended at 12 Ill. Reg. 8351,

effective June 1, 1988; amended at 16 Ill. Reg. 10430, effective July 1, 1992; amended at 22 Ill.

Reg. 1206, effective January 1, 1998; amended at 25 Ill. Reg. 10775, effective September 1,

2001; amended at 27 Ill. Reg. 6214, effective May 1, 2003; the policies embodied in this Part

transferred to the Department of Juvenile Justice pursuant to Section 3-2.5-50 of the Unified

Code of Corrections on June 1, 2006 and codified at 38 Ill. Reg. 16443; amended at 39

, effective

.

Section 2504.30 Preparation of Disciplinary Reports
a) Every employee has the duty to observe the conduct of youth.
b) If an employee observes a youth committing an offense, discovers evidence of its commission, or receives information from a reliable witness of such conduct, the employee shall promptly prepare a disciplinary report provided the conduct is such that it may result in disciplinary action that suspends privileges, involves the imposition of disciplinary confinement, delays referral to the Prisoner Review

Case: 1:12-cv-07289 Document #: 133-1 Filed: 04/20/15 Page 3 of 24 PageID #:1573
Board, or causes a change in work, education, or other program assignments of more than 7 days duration. When the rule infraction is minor, every effort should be made to take corrective action that is adapted to individual circumstances, administered immediately and consistently, and is understood by the youth through appropriate counseling efforts. If an employee observes a youth committing a potentially major offense, discovers evidence of its commission, or receives information from a reliable witness of such conduct, the employee shall promptly prepare a disciplinary report. When the rule infraction is potentially major and may justify placement on investigative status, the shift supervisor should be contacted immediately. Use of confinement in response to an offense must be consistent with the requirements of Subpart B.
c) The disciplinary report must be fully completed. The reporting employee shall provide the following information to the extent known or available.
1) The name and youth identificationregister number of the youth.
2) The place, time, and date of the offense.
3) The offense that the youth is alleged to have committed.
4) A written statement of the conduct observed.
5) The names of youth, employees, and visitors who were witnesses. The identity of witnesses may be withheld for reasons of security provided a statement to that effect and the information the confidential source provided are included on the disciplinary report to the extent the information can be included without jeopardizing security.
6) The signature of the reporting employee and the date and time the report is completed.
d) If a youth is suspected of committing a disciplinary offenseplaced on investigative status, an investigative disciplinary report, hereinafter referred to as an investigative report, may shall be issued that reasonably informs the youth of the subject of the investigation to the extent that safety and security allow.
f) Service of a disciplinary report or investigative report upon the youth shall commence the disciplinary proceeding. If a youth is currently confined on investigative status, he or she must be served with an investigative report within 12 hours after placement in confinement. In no event shall a disciplinary report or investigative report be served upon any youth more than 6 days, after the commission of an offense or the discovery thereof unless the youth is unavailable or unable to participate in the proceeding.

Case: 1:12-cv-07289 Document #: 133-1 Filed: 04/20/15 Page 4 of 24 PageID #:1574
Section 2504.40 Temporary Confinement (Repealed)
a) The shift supervisor shall determine whether or not it is necessary to place the youth in investigative status or in temporary confinement status pending a disciplinary hearing or a determination whether or not to issue a disciplinary or investigative report in accordance with Section 2504.30. The Chief Administrative Officer shall also have the authority to release the youth from temporary confinement. The decision to place a youth in temporary confinement may be based, among other matters, on:
1) The aggressiveness of the youth;
2) The threat posed to the safety and security of the facility or any person;
3) The need to restrict the youth's access to general population to protect the individual from injury or to conduct the investigation; or
4) The seriousness of the offense.
b) A youth shall not be placed in temporary confinement status pending a disciplinary hearing for more than 4 days unless the individual is in investigative status.
Section 2504.50 Review of Disciplinary Reports
a) The Chief Administrative Officer of each facility shall designate one or more Reviewing OfficersInternal Investigators.
b) The Reviewing Officer shall review the decision to place a youth in temporary confinement within 3 days after such placement, whenever possible, and may order release from or placement in temporary confinement. Among other matters, the factors listed in Section 2504.40(a) may be considered. If a disciplinary or investigative report has not been written within 3 days after placement in temporary confinement, the Reviewing Officer If a youth is currently confined on investigative status and an investigative report has not been served on the youth within 12 hours after placement in confinement, the Internal Investigator shall inform the Chief Administrative Officer.
c) A youth who receives anis placed on investigative report status shall be interviewed by the Reviewing OfficerInternal Investigator in order to permit the youth an opportunity to present his or her views regarding placement in investigative statusthe incident. The interview shall be conducted within 3 days after initial placement of a youth in investigative status, whenever possible.
1) The Reviewing Officer shall recommend whether to continue placement

Case: 1:12-cv-07289 Document #: 133-1 Filed: 04/20/15 Page 5 of 24 PageID #:1575
of the youth in investigative status. Among other matters, factors listed in Section 2504.40(a) may be considered. The Chief Administrative Officer shall make the final determination.
2) The youth shall be informed of the decision and the decision shall be documented in writing.
3) The youth may be detained in investigative status for up to 5 days.
41) If the investigation does not indicate that the youth may be guilty of any disciplinary offense, placement in investigative status shall be terminated and the report shall be expunged from the youth's records. A copy shall be maintained in an expungement file. This decision shall be made by the Chief Administrative Officer and shall be documented in writing.
52) If, as a result of the investigation, it is necessary to amend or modify the original charges, the youth shall be issued a revised disciplinary report.
63) Upon completion of the investigation, the youth shall appear before the Adjustment Committee for a hearing on the disciplinary report unless the report has been expunged.
7) In the event that an investigation cannot be completed within 5 days due to an institutional emergency, the Chief Administrative Officer may personally authorize, in writing, an extension of up to 5 days placement in confinement for juveniles pending investigation. As used in this Section, an institutional emergency includes riots, strikes, lockdowns, and natural disasters.
d) The Reviewing OfficerInternal Investigator shall review each disciplinary report and determine whether:
1) The reported facts justify a disciplinary hearing. If not, the report shall be expunged from the youth's records. A copy shall be maintained in an expungement file.
2) The disciplinary report has been completed properly. If not, the Reviewing OfficerInternal Investigator shall make the necessary corrections or direct the reporting employee to make the corrections. The youth shall be provided with a copy of the corrected report. In the event the corrected report contains new charges, the youth shall be provided a copy of the corrected report at least 24 hours prior to the hearing, unless the youth waives this notice in writing.
3) The offense is major or minor in nature. Disciplinary reports for Mmajor

Case: 1:12-cv-07289 Document #: 133-1 Filed: 04/20/15 Page 6 of 24 PageID #:1576
offenses shall be assigned to the Adjustment Committee for a hearing and disciplinary reports for minor offenses shall be assigned to the Program Unit for a hearing.
A) Aiding and abetting, soliciting, attempting to commit, conspiring to commit, or committing any offense listed in the 100, 200, or 500 series of Table A shall be considered a major offense.
B) Those offenses listed in the 300 or 400 series or the aiding and abetting, soliciting, attempting to commit, or conspiring to commit any of these offenses shall be designated as major or minor based on the seriousness of the offense and the following factors enumerated in Section 2504.20(b). :
i) The aggressiveness of the youth;
ii) The threat posed to the safety and security of the facility or any person;
iii) The need to restrict the youth's access to general population to conduct the investigation; or
iv) The seriousness of the offense.
Section 2504.70 Adjustment Committee Hearing Procedures
a) The Adjustment Committee hearing shall be convened but need not be concluded within 7 days after the commission of the offense or its discovery, whenever possible, unless the youth has received a continuance or is unable or unavailable for any reason to participate in the hearing. For purposes of this Section, when an investigation has taken place, an offense is considered to be discovered upon the conclusion of the investigation. Inability to participate includes the absence of the youth from the facility for any reason or certification by health care staff that the youth is unable to appear.
b) The youth shall receive written notice of the facts and charges being presented against him or her no less than 24 hours prior to the Adjustment Committee hearing. The youth may waive the 24-hour advance notice. The waiver shall be in writing.
c) The youth shall be informed before or at the hearing of information that would tend to show that the youth was not guilty. If information is provided to him or her at the hearing, the youth shall, upon request, be given a continuance.
d) Any person who initiated the allegations that serve as the basis for the disciplinary

Case: 1:12-cv-07289 Document #: 133-1 Filed: 04/20/15 Page 7 of 24 PageID #:1577
report, or who conducted an investigation into those allegations, or who witnessed the incident, or who is otherwise not impartial shall not serve on the Adjustment Committee hearing that disciplinary report. A youth who objects to a member of the Committee based on a lack of impartiality must raise the matter at the beginning of the hearing. The Committee shall document the basis of the objection and the decision in the Adjustment Committee summary.
e) A youth may, upon written request and for good cause shown, be granted additional time to prepare his or her defense. If at the time of the hearing the Committee determines that the youth was unable to prepare a defense, because of a language barrier, the Committee shall automatically grant a request for a continuance for language assistance. The committee shall then make the necessary arrangements for language assistance. Inability to prepare a defense due to a language barrier includes, but is not limited to, a request for witnesses.
f) Any youth charged with a violation of any rules shall have the right to appear before and address the Committee. Any refusal to appear shall be documented and provided to the Committee. However, failure to appear before or address the Committee may be adversely construed against the individual by the Adjustment Committee.
1) The youth may make any relevant statement or produce any relevant documents in his or her defense.
2) Prior to the hearing, the youth may request that witnesses be interviewed. The request shall be in writing on the space provided in the disciplinary report and shall include an explanation of what the witnesses would state. If the youth fails to make the request in a timely manner before the hearing, the individual may be granted a continuance for good cause shown.
g) The Committee shall consider all material presented that is relevant to the issue of whether or not the youth committed the offense.
h) The Adjustment Committee shall consider any statements of witnesses with relevant knowledge of the incident who are reasonably available.
1) The Committee or its Hearing Investigator may interview witnesses and prepare or review summaries of their testimony prior to or at or subsequent to the hearing.
2) The offender does not have the right to confront or cross-examine any witnesses but may submit questions for witnesses to the Committee prior to the hearing. These questions shall be asked by the Committee or its Hearing Investigator unless found to be cumulative, irrelevant, or a threat

Case: 1:12-cv-07289 Document #: 133-1 Filed: 04/20/15 Page 8 of 24 PageID #:1578
to the safety of individuals or the security of the facility.
3) A means shall be provided in each living unit for youth to submit witness request slips. The Committee may disapprove witness requests that are not received prior to the hearing.
4) Requests by youth for witnesses may be denied if their testimony would be, among other matters, irrelevant or cumulative or would jeopardize the safety or disrupt the security of the facility. If any witness request is denied, a written reason shall be provided.
5) At least one person who serves as an Adjustment Committee member shall hear the in-person testimony of the youth's witnesses where the youth makes a timely request for the witnesses or is granted a continuance to request witness testimony. In-person testimony of the youth's witnesses shall be defined as face-to-face contact or telephonic contact by the Adjustment Committee.
6) If the Adjustment Committee makes a written determination that the inperson testimony by the witness requested by the youth would undermine authority or would present potential disruption of the operations of the facility or a threat to the safety of any person or institutional safety or correctional goals, the Adjustment Committee may elect to accept the testimony through other legally permissible means, including, but not limited to, a sworn written summary of an interview of the witness or a sworn statement.
7) A sworn written statement or sworn written summary of a witness' testimony is a reasonable alternative to in-person testimony if the witness' testimony will be accepted as credible and it involves verification of alleged facts, including but not limited to a witness who will testify to the authenticity of contents of a record or document, cell location, work assignment, writ status, staff work schedule, or identification.
8) When testimony is presented to the Adjustment Committee in the form of a written summary or statement, a copy of the written summary or statement shall be given to the accused youth unless the Adjustment Committee finds that disclosure presents a threat to the safety of any person.
i) The youth shall not have the right to either retained or appointed counsel. The youth may request the assistance of a staff member in the preparation and presentation of his or her defense if he or she is illiterate or does not speak English or when other circumstances exist that preclude the individual from adequately preparing his or her defense.

Case: 1:12-cv-07289 Document #: 133-1 Filed: 04/20/15 Page 9 of 24 PageID #:1579
j) The Adjustment Committee shall decide whether or not the youth committed the offense based upon all relevant information and evidence.
1) The Committee must be reasonably satisfied there is some evidence that the youth committed the offense for the individual to be found guilty.
2) Polygraph results may be considered but may not be the sole basis for finding the youth guilty of the offense.
k) The Adjustment Committee shall take one of the following actions, based upon the evidence admitted:
1) Find that the youth did not commit the offense. In that case, the Committee shall order that the disciplinary report be dismissed and expunged from the youth's record. A copy shall be maintained in an expungement file.
2) Find that further investigation is necessary to determine if the youth did or did not commit the offense and place the youth in investigative status.
3) Find that additional time is needed to obtain information relative to the charge. The hearing may be continued for a reasonable time. However, unless the youth is placed in investigative status, the individual may not be placed in confined for more than 7 days from the date of placement in temporary confinement.
4) Find that the youth did commit the offense or a lesser offense for which the elements were included in the original charge. The Committee may recommend one or more of the following disciplinary actions:
A) Reprimand the youth.
B) Suspend or restrict one or more privileges of the youth for a specific period of time.
C) Reduce the youth's grade or level.
D) Change the youth's program.
E) Change the youth's housing assignment or transfer the individual to another youth center.
F) Increase the youth's security classification.

Case: 1:12-cv-07289 Document #: 133-1 Filed: 04/20/15 Page 10 of 24 PageID #:1580
G) Place the youth in confinement. A youth may not be confined for more than 7 consecutive days nor more than 15 days within a 30 day period except in cases of violence or attempted violence in accordance with Section 2504.230. Credit shall be given for any period of pre-hearing and investigative status confinement.
GH) Require the youth to make restitution.
HI) Require forfeiture of items of contraband used in the offense or possessed in violation of this Part.
IJ) Delay referral of a youth to the Prisoner Review Board for recommended parole or aftercare.
5) This Part shall in no way be construed to restrict or limit the Department's ability to administratively change a youth's job, educational, program, or housing assignment, to restrict privileges, or to transfer the youth to another facility.
l) A written record shall be prepared and signed by all members of the Committee that contains:
1) A summary of oral and written statements and other evidence presented.
A) The Committee may consider information from confidential sources if:
i) It finds that his or her identity must be withheld for reasons of security; and
ii) The information is reliable.
B) Reliability may be established by one of the following:
i) The investigating officer has indicated, in writing and by his or her appearance before the Adjustment Committee, the truth of his or her report containing confidential information;
ii) Corroborating testimony such as statements from other sources or polygraph results; or
iii) A statement by a member of the Adjustment Committee or an oral or written statement to the Adjustment Committee by supervisory or administrative staff that the individual

Case: 1:12-cv-07289 Document #: 133-1 Filed: 04/20/15 Page 11 of 24 PageID #:1581
has firsthand knowledge of the sources of information and considers them reliable on the basis of their past record of reliability.
C) If the identity of a source is being withheld for reasons of security, a statement to that effect and a statement that the Committee finds the information reliable must be included. A summary of the information provided and the basis for the finding of reliability shall be documented, but need not be included in the summary based on safety and security concerns.
2) If the Committee members find that the youth committed the offense, a statement as to their reasons for the finding. If exonerating evidence is presented and disregarded, the Committee must state the basis for disregarding the evidence.
3) The disposition of the charges, the disciplinary action recommended, and the reasons for recommending the disciplinary action.
m) If the safety or security of the youth center or any person is jeopardized by certain references in the written record, they may be deleted but the fact that omissions have been made shall be noted on the summary, along with a finding that material is being deleted based on safety or security concerns.
n) If the youth is found guilty, the individual shall be informed of the opportunity to appeal through the grievance procedures in 20 Ill. Adm. Code 2504.Subpart C.
o) A copy of the disciplinary report and Adjustment Committee summary shall be forwarded to the Chief Administrative Officer for review and approval and a copy shall be filed in the youth's record. The youth shall be given a copy of the Adjustment Committee summary.
p) The Chief Administrative Officer shall review all Adjustment Committee dispositions. The Deputy Director of the Juvenile Division shall review any Adjustment Committee disposition of a youth when the Committee has recommended a delay in referral of the youth to the Prisoner Review Board for more than 30 days.
1) The Director, Deputy Director, or Chief Administrative Officer may take the following actions:
A) Confirm the recommendation in whole or in part.
B) Order additional or new proceedings.

Case: 1:12-cv-07289 Document #: 133-1 Filed: 04/20/15 Page 12 of 24 PageID #:1582
C) Suspend or overturn the recommendation.
D) Offer the youth a work assignment which, if accepted and satisfactorily completed, will result in reduction of original disciplinary sanctions.
2) The Director, Deputy Director, or Chief Administrative Officer shall not increase the sanctions recommended by the Adjustment Committee, but he or she may reduce them. The youth shall be sent a copy of any modification to the Adjustment Committee recommendations.
Section 2504.90 Program Unit Hearing Procedures
a) The Program Unit hearing shall be convened, but need not be concluded, within 7 days after the commission of the offense or its discovery, whenever possible, unless the youth is unable to participate in the hearing.
b) The youth shall receive written notice of the facts and charges being presented against him or her prior to the hearing.
c) Any person who initiated the allegations that serve as the basis for the disciplinary report, or who conducted a formal investigation into those allegations, or who witnessed the incident, or who is otherwise not impartial shall not conduct a hearing on that report.
d) The hearing may be continued to obtain additional information or upon the youth's written request and for good cause shown.
e) The youth shall have the right to appear before and address the Program Unit Hearing Officer.
f) The Program Unit Hearing Officer may call witnesses and review any information relevant to the charge.
g) The youth shall not have the right to retained or appointed counsel. The youth may request the assistance of a staff member in the preparation of his or her defense if the individual is illiterate or does not speak English or when other circumstances exist that preclude the individual from adequately preparing his or her defense.
h) The Program Unit Hearing Officer may return a disciplinary report to the Chief Administrative Officer with a recommendation for a hearing before the Adjustment Committee. The factors listed in Section 2504.20(b) shall be considered when making this determination.

Case: 1:12-cv-07289 Document #: 133-1 Filed: 04/20/15 Page 13 of 24 PageID #:1583
1) If approved by the Chief Administrative Officer, a hearing before the Adjustment Committee shall commence within 7 days after the approval, whenever possible.
2) If not approved, the disciplinary report shall be referred back for a hearing before the Program Unit which shall commence within 7 days after the decision not to approve the recommendation, whenever possible.
i) The Program Unit Hearing Officer may recommend any of the actions authorized in Section 2504.70(k) of this Part except that the Officer may not recommend placement in segregation or confinement, delay in referral of a youth to the Prisoner Review Board for recommended parole or aftercare, an increase in the youth's security classification, or transfer to another youth center.
j) A record shall be signed by the Hearing Officer that contains a summary of oral and written statements and other evidence presented, the decision, and the disciplinary action recommended.
k) The summary shall be processed in accordance with Sections 2504.70(o) and (p) and 2504.80 of this Part.
Section 2504.210 Definitions
“Administrative Hold” means the status of a youth who is temporarily being housed in a particular youth center, and includes, but is not limited to, youth awaiting transfer to the Department of Corrections or another youth center, youth permanently assigned to another youth center being housed for purposes of attending court, youth awaiting release or who were delivered to the Department by mistake.
“Behavioral Hold” means the confinement of a youth to their own room or other area, separate from the confinement unit, when a youth has violated a department or youth center rule, failed to follow instructions of youth center staff, or otherwise behaved in a disruptive manner.
"Chief Administrative Officer" means the highest ranking official of a youth center.
"Confinement" means intentionally keeping a youth separate from all other youth, removing a youth from the general population, restricting the movement of a youth, or confining a youth to a room or area for any period of time for the reasons defined herein regardless of whether the youth is placed on a confinement unit. Confinement of a youth for any reason not defined in this rule is not permitted.

Case: 1:12-cv-07289 Document #: 133-1 Filed: 04/20/15 Page 14 of 24 PageID #:1584
“Confinement decision” means a decision by a staff member to initially confine a youth, to continue or change the basis for confinement, to remove a youth from confinement, to initially restrict access to programs or services of a youth on confinement, or continue or adjust such restrictions.
“Confinement unit” – means an area within the youth center designated by the Chief Administrative Officer to house youth who, for safety and security reasons, require close supervision and limited out of room time, access to privileges, and contact with other youth. Youth may only be placed in the confinement unit in accordance with Section 2504.225.
“Confinement Status” means a status assigned to a youth who exhibits or threatens violent, aggressive, or uncontrolled behavior and poses a serious and immediate threat to his or her own safety, the safety of others, or the security of the facility.
“Crisis Status” means a status assigned to a youth who exhibits behavior suggestive of acute mental or emotional disorder or suicidal ideation.
"Department" means the Department of Juvenile Justice.
“Deputy Director of Operations” means the Deputy Director of Operations of the Department of Juvenile Justice.
"Director" means the Director of the Department of Juvenile Justice.
“Investigative Status” means a status given to a youth who is temporarily confined, after approval of the Deputy Director of Operations, where confinement is necessary for the efficient and effective investigation of a major offense as defined in Section 2504.50.
“Medical Hold” means the confinement of a youth ordered by a physician for purposes of medical quarantine, recovery, or observation.
"Youth" means a person committed to the Department or to the custody of the Department.
Section 2504.215 Responsibilities
a) Unless otherwise specified, the Director, Deputy Director of Operations, 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

Case: 1:12-cv-07289 Document #: 133-1 Filed: 04/20/15 Page 15 of 24 PageID #:1585
Subpart specifically states the Director, Deputy Director of Operations, 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.
Section 2504.220 Placement in Confinement (Repealed)
a) Confinement may be imposed only under the following conditions:
1) When an youth has committed or is under investigation for commission of a rule violation;
2) When the behavior of the youth poses a serious threat to his or her own safety, the safety of others, or the security of the facility; or
3) When a youth is awaiting transfer to a more secure setting.
b) Youth may be confined in their rooms or living areas or in any other area designated by the Chief Administrative Officer.
Section 2504.225 Placement in the Confinement Unit
The confinement of a youth in the confinement unit must comply with the following requirements:
a) The Chief Administrative Officer may designate an area within the youth center, separate from all other youth, as the confinement unit. Youth may be removed from the general population and place in the confinement unit only under the following conditions:
1) When a youth is placed on Investigative Status he or she may be placed in the confinement unit. Such confinement must comply with the requirements of Section 2504.250;
2) When a youth is placed on Confinement Status he or she may be placed in the confinement unit only until the youth regains self-control and for no longer than 24 hours;
3) When a youth is on an Administrative Hold and is awaiting transfer to the Department of Corrections or a more secure setting, or the Chief Administrative Officer documents other safety or security reasons why a less restrictive form of housing is not appropriate he or she may be placed in the confinement unit for a maximum of 3 business days;

Case: 1:12-cv-07289 Document #: 133-1 Filed: 04/20/15 Page 16 of 24 PageID #:1586
4) When a youth is on an Administrative Hold for reasons other than those described in paragraph 3 above, he or she may be housed in the confinement unit for a maximum of 24 hours; and
5) When a youth is on Crisis Status he or she may be placed in the confinement unit only when a mental health professional determines that such placement is necessary to prevent physical harm to self or others and a less restrictive area is not available or sufficient.
A) The necessity of such placement shall be reviewed by a mental health professional every 24 hours, and if placement in the confinement unit is still necessary after three days, the youth shall be evaluated for psychiatric hospitalization.
B) Such youth must be removed from the confinement unit once the risk of physical harm to self or others ends or a less restrictive area become available or sufficient.
C) Whenever feasible given the physical layout of the confinement unit and youth then present, a youth on Crisis Status shall be sight and sound separated from youth in the confinement unit for other reasons.
6) When a youth is on a Medical Hold he or she may be placed in the confinement unit only when ordered by a physician after a determination that a less restrictive area is not available or sufficient to meet the youth’s medical needs.
A) The necessity of such placement shall be reviewed by a physician every 24 hours.
B) Whenever feasible given the physical layout of the confinement unit and youth then present, a youth on Medical Hold shall be sight and sound separated from youth in the confinement unit for other reasons.
b) While on the confinement unit, visual checks and verbal communications required by Section 2504.230(e) shall be made no less than every 15 minutes
c) All other confinement of youth must occur in their rooms or living areas or in another area designated by the Chief Administrative Officer and under the conditions as otherwise provided in this Subpart.
Section 2504.230 Confinement Procedures

Case: 1:12-cv-07289 Document #: 133-1 Filed: 04/20/15 Page 17 of 24 PageID #:1587
All confinement, regardless or basis or location, must comply with the following requirements:
a) All confinement decisions shall be documented and justified in writing as soon as practical by the staff member making such decision.A youth confined to his or her room for 24 hours or more shall be interviewed daily by his or her counselor or any other staff member approved by the Chief Administrative Officer.
b) The Chief Administrative Officer shall be notified of all decisions to confine for any reason as soon as possible and shall review all documentation justifying such decisions.Confinement may not exceed 7 consecutive days or 15 days in any 30 day period except in cases of violence or attempted violence against another person, assault or attempted assault of a person, or damage or attempted damage of property. Under such circumstances, an additional period of confinement may be ordered by the Chief Administrative Officer.
c) Medical staff and the shift supervisor shall be notified of all confinement placements. Any medical complaint registered by the youth or possible medical concern observed by staff while in confinement shall be reported immediately to the medical staff, if on duty, or to the shift supervisor who shall contact a member of the medical staff immediately.
d) Visual checks by staff shall be made of all youth in confinement no less than every 15 minutes, shall include a verbal confirmation from the youth during waking hours, and during sleeping hours if and as often as ordered by a physician or mental health professional, and shall be documented.
e) Use of physical restraints on youth in confinement must comply with 20 Ill. Adm. Code 2501.Subpart B.
f) Youth in confinement shall be provided time outside the room for daily showers, personal grooming, and recreation.
1) Youth confined for more than 24 hours shall be provided a minimum of 2 hours outside the room for every 24-hour period, whenever possible.
2) Time outside a confinement room may be restricted on orders of the Chief Administrative Officer when release of the youth poses a threat to the safety of the individual or others or to the security of the facility.
g) Youth in confinement shall be permitted to have family, attorney, and clergy visits. Family and clergy visits may be restricted by order of the Chief Administrative Officer when the youth poses a threat to the physical safety of the individual or others or to the security of the youth center. Such determinations shall be documented and justified.

Case: 1:12-cv-07289 Document #: 133-1 Filed: 04/20/15 Page 18 of 24 PageID #:1588
h) Reading materials shall be provided to the youth for use in the room provided the materials are not abused. Youth shall be provided access to writing materials daily, outside the room. Any abuse of reading or writing materials must be documented on a disciplinary report and may result in temporary restriction except for communication to counsel or the court. Such determinations shall be documented and justified.
i) Youth in confinement shall continue to receive the mental health services they ordinarily receive.
j) Youth in confinement shall have the opportunity to receive the educational services they ordinarily receive, unless the Chief Administrative Officer personally determines that providing such services to the youth poses a threat to the physical safety of the individual or others or to the security of the youth center. Such determinations shall be documented and justified. The opportunity to receive educational services shall resume when the threat ends.
k) Youth confined for 24 hours or more shall be provided a minimum of 8 hours of out-of-room time for every 24-hour period, including at least one hour of largemuscle exercise. This hour of exercise shall be out doors when weather permits. During such out-of-room time, the youth shall be in the physical presence of, and have the opportunity to speak with, facility staff.
1) Such out-of-room time may be restricted on orders of the Chief Administrative Officer when release of the youth poses a threat to the safety of the individual or others or to the security of the facility. Such determinations shall be documented and justified.
2) All out-of-room movement shall be documented
l) Youth confined for 24 hours or more shall be interviewed daily by a mental health professional. If the mental health professional is not licensed, he or she shall review the substance of the interview with a licensed mental health professional.
m) Anytime a youth is in confinement for 18 consecutive hours or on more than 10 occasions in any 30 day period, the Deputy Director of Operations shall be notified immediately and all documentation justifying such confinement shall be forwarded to him or her.
n) The parents or guardian of a youth under 18 years of age shall be notified anytime such youth is confined for 24 hours or more.
o) The Department shall maintain cumulative data on all confinement decisions.

Case: 1:12-cv-07289 Document #: 133-1 Filed: 04/20/15 Page 19 of 24 PageID #:1589
Section 2504.240 Confinement Status
a) A youth may be placed on Confinement Status and confined in the confinement unit or other area designated by the Chief Administrative Officer when he or she exhibits or threatens violent, aggressive, or uncontrolled behavior and poses a serious threat to his or her own safety, the safety of others, or the security of the facility.
b) Such confinement must end when the youth regains self-control and may not exceed 24 hours in duration.
c) Unless sooner removed from confinement, within one hour of confinement and every hour thereafter if the youth is awake, a supervisory staff member shall meet with the youth to assess whether the youth has regained self-control.
d) If a youth has not regained self-control after 4 hours in confinement, staff shall meet with the youth, attempt to assist the youth in regaining self-control, and assess whether the youth has any immediate needs for additional mental health services. Such staff shall continue to check in every 2 hours if the youth is awake, until the youth is removed from Confinement Status. If a mental health professional is on grounds, a mental health professional shall perform these checks. If a mental health professional is not on grounds, the checks shall be performed by other staff specifically trained in crisis response.
e) Within 24 hours after the initiation of confinement status, regardless of whether or not the confinement has ended, the youth shall be referred to a mental health professional to determine whether additional treatment services are needed.
Section 2504.250 Investigative Status
a) A youth may be placed on Investigative Status and confined in the confinement unit or other area designated by the Chief Administrative Officer when that youth is alleged to have committed a major offense as defined 2504.50, the temporary confinement is necessary for the efficient and effective investigation of the offence, and such confinement is personally approved by the Deputy Director of Operations.
b) Such confinement must end when, regardless of the maximum time established, the Internal Investigator, Chief Administrative Officer, or Deputy Director of Operations determines that continued confinement is no longer necessary for the efficient and effective investigation of the offence.
c) Such confinement may continue for a maximum of 4 days, unless:
1) The investigation is being conducted by an outside agency and the agency

Case: 1:12-cv-07289 Document #: 133-1 Filed: 04/20/15 Page 20 of 24 PageID #:1590
submits to the Deputy Director of Operations documentation supporting why continued placement in the confinement unit is necessary; or
2) In the event that an investigation cannot be completed within 4 days due to an institutional emergency, and the Deputy Director of Operations personally authorizes, in writing, an extension of up to 4 days placement in confinement for pending investigation. As used in this Section, an institutional emergency includes riots, strikes, lockdowns, and natural disasters.
Section 2504.260 Administrative Hold
a) A youth may be placed on an Administrative Hold when temporarily being housed in a particular youth center and may be separated from other youth for administrative or security purposes as personally determined by the Chief Administrative Officer.
b) Youth on an Administrative Hold may be placed in the confinement unit only as provided in Section 2504.225.
c) The Department shall make every reasonable effort to provide youth on an Administrative Hold, who are not placed in the confinement unit for safety and security reasons, with access to the same programs and services youth in the general population have. Any restrictions on movement or access to programs and services shall be documented and justified by the Chief Administrative Officer.
Section 2504.270 Behavioral Hold
a) A youth may be placed on a Behavioral Hold when a youth has violated a Department or youth center rule, failed to follow instructions of youth center staff, or otherwise behaved in a disruptive manner.
b) The shift supervisor shall be immediately notified anytime a youth is places on a Behavioral Hold.
c) All youth shall be informed of what behaviors are unacceptable and may result in a Behavioral Hold.
d) Youth on a Behavioral Hold shall be confined in their own room or other area designated by the Chief Administrative Officer and may not be placed in the confinement unit.

Case: 1:12-cv-07289 Document #: 133-1 Filed: 04/20/15 Page 21 of 24 PageID #:1591
e) Within 30 minutes of confinement, a staff member not involved in the behavioral incident shall meet with the youth, provide counsel and guidance regarding the behavior, and de-escalate the behavior where necessary.
f) A youth shall be removed from the behavioral hold once the shift supervisor determines the youth has demonstrated an understanding of the behavior and the desire and ability to return to program participation with no further behavioral issues. Unless sooner removed from confinement, within one hour of confinement and every hour thereafter, a supervisory staff member shall meet with the youth to assess whether the youth has done so.
g) At no time may a youth on a behavioral hold be confined for more than 4 hours.
Section 2504.280 Crisis Confinement
a) A youth on Crisis Status may be placed in the confinement unit or other area designated by the Chief Administrative Officer when determined by a mental health professional or other staff specifically trained in crisis response to require removal from the youth’s regular housing assignment for mental health treatment or observation.
1) Unless such determination is made by a licensed mental health professional:
i) If a licensed mental health professional is on grounds, then within one hour he or she shall personally assess the youth, and decide whether to continue the confinement and whether additional treatment services are needed.
ii) If a licensed mental health professional is not on grounds, then within one hour the individual who made the determination shall notify the on-call licensed mental health professional. A licensed mental health professional shall, within one hour of his or her arrival on grounds, but in no event more than 24 hours after the determination was made, personally assess the youth, and decide whether to continue the confinement and whether additional treatment services are needed.
2) Youth shall be removed from confinement if the licensed mental health professional decides under subsection (1)(i) or (1)(ii) that confinement should not continue
b) The Department shall establish procedures for the timely identification of, referral to appropriate staff, and provision of mental health services to youth in crisis.

Case: 1:12-cv-07289 Document #: 133-1 Filed: 04/20/15 Page 22 of 24 PageID #:1592

c) Youth on Crisis Status may be placed in the confinement unit only as provided in Section 2504.225.
d) Where crisis status is ordered and there is no present risk of physical harm to self or others, a youth’s movement and access to programs and services may only be restricted as specifically ordered by a mental health professional based on a finding of mental health need. These restrictions shall be reviewed by a mental health professional daily.
Section 2504.290 Medical Hold
a) A youth may be placed on a medical hold and confined for purposes of medical quarantine, recovery, or observation only when ordered by a physician.
b) Youth on a medical hold may only be confined in their own room or other area designated by the Chief Administrative Officer and may not be placed in the confinement unit.
c) Where a medical hold is ordered, a youth’s movement and access to programs and services may only be restricted as specifically ordered by the physician based on a finding of medical need. These restrictions shall be reviewed by a physician daily.

Section 2504.TABLE A Maximum Penalties for Youth

Offense
100. Violent Assault of any Person
101. Arson 102. Assaulting any Person 103. Bribery & Extortion 104. Dangerous Contraband 105. Dangerous Disturbance 106. Escape or Runaway 107. Sexual Misconduct

Loss or Restriction
of Privileges
1 year
1 year
1 year 6 months 2 months 6 months
1 year 6 months

Maximum Penalties for Youth

Confinement

Good Time Revocation

Delay in Recommendation
to PRB

1 month
1 month 1 month 1 month 1 month 1 month 1 month 1 month

1 year
1 year 1 year 1 year 1 year 1 year 1 year 1 year

1 year
1 year 1 year 1 year 1 year 1 year 1 year 1 year

Case: 1:12-cv-07289 Document #: 133-1 Filed: 04/20/15 Page 23 of 24 PageID #:1593

Offense
108. Sexual Assault
109. Electronic Contraband
110. Impeding or Interfering with an Investigation
201. Concealment of Identity
202. Damage or Misuse of Property
203. Drugs and Drug Paraphernalia
204. Forgery
205. Security Threat Group or Unauthorized Organizational Activity
206. Intimidation or Threats
207. Possession of Money
208. Dangerous Communications
209. Dangerous Written Material
210. Impairment of Surveillance
211. Possession or Solicitation of Unauthorized Personal Information
212. Frivolous Lawsuit
213. Failure To Reveal Assets
301. Fighting
302. Gambling

Loss or Restriction
of Privileges
1 year 6 months 6 months
6 months
1 month
2 months 1 month
2 months
1 month 4 months 2 months
2 months
2 months
2 months
0 days 2 months 2 months 1 month

Maximum Penalties for Youth

Confinement

Good Time Revocation

Delay in Recommendation
to PRB

1 month 1 month

1 year 1 year

1 year 1 year

1 month

6 months

6 months

1 month

1 month

1 month

1 month

1 month

1 month

1 month 1 month

3 months 1 month

3 months 1 month

1 month

6 months

6 months

1 month 1 month 1 month

1 month 1 month 6 months

1 month 1 month 6 months

1 month

6 months

6 months

1 month

6 months

6 months

1 month

6 months

0 days 1 month 1 month 2 days

6 months 6 months 2 months 1 month

6 months
0 days 6 months 2 months 1 month

Case: 1:12-cv-07289 Document #: 133-1 Filed: 04/20/15 Page 24 of 24 PageID #:1594

Offense
303. Giving False Information to an Employee
304. Insolence
305. Theft
306. Transfer of Funds
307. Unauthorized Movement
308. Contraband or Unauthorized Property
309. Petitions, Postings, and Business Ventures
310. Abuse of Privileges
311. Failure to Submit to Medical or Forensic Tests
402. Health, Smoking, or Safety Violations
403. Disobeying a Direct Order
404. Violation of Rules
405. Failure to Report
406. Trading or Trafficking
501. Violating State or Federal Laws
601. Aiding and Abetting, Attempt, Solicitation, or Conspiracy

Loss or Restriction
of Privileges
1 month
1 month 2 months 3 months 1 month
2 months
2 months 2 months
2 months
1 month
1 month 1 month 1 month 1 month 2 months Same as underlying offense

Maximum Penalties for Youth

Confinement

Good Time Revocation

Delay in Recommendation
to PRB

7 days
7 days 5 days 5 days 5 days 5 days 0 days 3 days
3 days

6 months
1 month 3 months 3 months 1 month 2 months
0 days 0 days
0 days

6 months
1 month 3 months 3 months 1 month 2 months 2 months 2 months
2 months

2 days

1 month

1 month

3 days
2 days 3 days 3 days
1 month
Same as underlying
offense

15 days

15 days

0 days 15 days 15 days

1 month 15 days 15 days

1 year

1 year

Same as

Same as

underlying underlying offense

offense

Case: 1:12-cv-07289 Document #: 133-2 Filed: 04/20/15 Page 1 of 23 PageID #:1595

TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE SUBCHAPTER d: OPERATIONS

PART 2504 DISCIPLINE AND GRIEVANCES

SUBPART A: ADMINISTRATION OF DISCIPLINE

Section 2504.12 2504.15 2504.20 2504.30 2504.40 2504.50 2504.60 2504.70 2504.80 2504.90 2504.100 2504.110 2504.150

Definitions Responsibilities Offenses and Maximum Penalties Preparation of Disciplinary Reports Temporary Confinement (Repealed) Review of Disciplinary Reports Adjustment Committee and Program Unit Composition Adjustment Committee Hearing Procedures New or Additional Proceedings Program Unit Hearing Procedures Computation of Discipline for Multiple Offenses Restitution Procedures Restoration of Good Time

SUBPART B: CONFINEMENT PROCEDURES

Section 2504.210 2504.215 2504.220 2504.225 2504.230 2504.240 2504.250 2504.260 2504.270 2504.280 2504.290

Definitions Responsibilities Placement in Confinement (Repealed) Placement in the Confinement Unit General Confinement Requirements Confinement Status Investigative Status Administrative Hold Behavioral Hold Crisis Confinement Medical Hold

SUBPART C: GRIEVANCE PROCEDURES FOR YOUTH

Section 2504.302 2504.305 2504.310

Definitions Responsibilities Filing of Grievances

Case: 1:12-cv-07289 Document #: 133-2 Filed: 04/20/15 Page 2 of 23 PageID #:1596

2504.320 2504.330 2504.340 2504.350 2504.360 2504.370

Grievance Officer Grievance Procedures Emergency Procedures Appeals Records Direct Review by Administrative Review Board

SUBPART D: GRIEVANCE PROCEDURES FOR RELEASEES

Section 2504.400 2504.405 2504.410 2504.420 2504.430 2504.440

Applicability Definitions Responsibilities Filing of Grievances Review of Grievances Appeals

2504.APPENDIX A 2504.TABLE A

Offense Numbers and Definitions Maximum Penalties for Youth

AUTHORITY: Implementing the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.) and implementing and authorized by Sections 3-2.5-20, 3-5-2, 3-6-3, 3-10-8 and 3-10-9 of the Unified Code of Corrections [730 ILCS 5/3-2.5-20, 3-5-2, 3-6-3, 3-10-8 and 3-10-9]. Section 2504.60 implements a Consent Decree (U.S. Department of Justice vs. the State of Illinois, #S-CIV-76-0158, S.D. Ill., 1978). Section 2504.70 implements a Consent Order (Arsberry vs. Sielaff, #74 C 1918 and Longstreet vs. Sielaff, #74 C 1951, N.D. Ill., 1982).

SOURCE: Adopted at 8 Ill. Reg. 14427, effective August 1, 1984; amended at 12 Ill. Reg. 8351,

effective June 1, 1988; amended at 16 Ill. Reg. 10430, effective July 1, 1992; amended at 22 Ill.

Reg. 1206, effective January 1, 1998; amended at 25 Ill. Reg. 10775, effective September 1,

2001; amended at 27 Ill. Reg. 6214, effective May 1, 2003; the policies embodied in this Part

transferred to the Department of Juvenile Justice pursuant to Section 3-2.5-50 of the Unified

Code of Corrections on June 1, 2006 and codified at 38 Ill. Reg. 16443; amended at 39

, effective

.

Section 2504.30 Preparation of Disciplinary Reports

a) Every employee has the duty to observe the conduct of youth.

b)

When the rule infraction is minor, every effort should be made to take corrective

action that is adapted to individual circumstances, administered immediately and

consistently, and is understood by the youth through appropriate counseling

efforts. If an employee observes a youth committing a potentially major offense,

discovers evidence of its commission, or receives information from a reliable

Case: 1:12-cv-07289 Document #: 133-2 Filed: 04/20/15 Page 3 of 23 PageID #:1597
witness of such conduct, the employee shall promptly prepare a disciplinary report. When the rule infraction is potentially major and may justify placement on investigative status, the shift supervisor should be contacted immediately. Use of confinement in response to an offense must be consistent with the requirements of Subpart B.
c) The disciplinary report must be fully completed. The reporting employee shall provide the following information to the extent known or available.
1) The name and youth identification number of the youth.
2) The place, time, and date of the offense.
3) The offense that the youth is alleged to have committed.
4) A written statement of the conduct observed.
5) The names of youth, employees, and visitors who were witnesses. The identity of witnesses may be withheld for reasons of security provided a statement to that effect and the information the confidential source provided are included on the disciplinary report to the extent the information can be included without jeopardizing security.
6) The signature of the reporting employee and the date and time the report is completed.
d) If a youth is placed on investigative status, an investigative report shall be issued that reasonably informs the youth of the subject of the investigation to the extent that safety and security allow.
f) Service of a disciplinary report or investigative report upon the youth shall commence the disciplinary proceeding. If a youth is currently confined on investigative status, he or she must be served with an investigative report within 12 hours after placement in confinement. In no event shall a disciplinary report or investigative report be served upon any youth more than 6 days, after the commission of an offense or the discovery thereof unless the youth is unavailable or unable to participate in the proceeding.
Section 2504.40 Temporary Confinement (Repealed)
Section 2504.50 Review of Disciplinary Reports
a) The Chief Administrative Officer of each facility shall designate one or more Internal Investigators.

Case: 1:12-cv-07289 Document #: 133-2 Filed: 04/20/15 Page 4 of 23 PageID #:1598
b) If a youth is currently confined on investigative status and an investigative report has not been served on the youth within 12 hours after placement in confinement, the Internal Investigator shall inform the Chief Administrative Officer.
c) A youth who is placed on investigative status shall be interviewed by the Internal Investigator in order to permit the youth an opportunity to present his or her views regarding the incident. The interview shall be conducted within 3 days after initial placement of a youth in investigative status, whenever possible.
1) If the investigation does not indicate that the youth may be guilty of any disciplinary offense, placement in investigative status shall be terminated and the report shall be expunged from the youth's records. A copy shall be maintained in an expungement file. This decision shall be made by the Chief Administrative Officer and shall be documented in writing.
2) If, as a result of the investigation, it is necessary to amend or modify the original charges, the youth shall be issued a revised disciplinary report.
3) Upon completion of the investigation, the youth shall appear before the Adjustment Committee for a hearing on the disciplinary report unless the report has been expunged.
d) The Internal Investigator shall review each disciplinary report and determine whether:
1) The reported facts justify a disciplinary hearing. If not, the report shall be expunged from the youth's records. A copy shall be maintained in an expungement file.
2) The disciplinary report has been completed properly. If not, the Internal Investigator shall make the necessary corrections or direct the reporting employee to make the corrections. The youth shall be provided with a copy of the corrected report. In the event the corrected report contains new charges, the youth shall be provided a copy of the corrected report at least 24 hours prior to the hearing, unless the youth waives this notice in writing.
3) The offense is major or minor in nature. Disciplinary reports for major offenses shall be assigned to the Adjustment Committee for a hearing and disciplinary reports for minor offenses shall be assigned to the Program Unit for a hearing.

Case: 1:12-cv-07289 Document #: 133-2 Filed: 04/20/15 Page 5 of 23 PageID #:1599
A) Aiding and abetting, soliciting, attempting to commit, conspiring to commit, or committing any offense listed in the 100, 200, or 500 series of Table A shall be considered a major offense.
B) Those offenses listed in the 300 or 400 series or the aiding and abetting, soliciting, attempting to commit, or conspiring to commit any of these offenses shall be designated as major or minor based on the seriousness of the offense and the following factors :
i) The aggressiveness of the youth;
ii) The threat posed to the safety and security of the facility or any person;
iii) The need to restrict the youth's access to general population to conduct the investigation; or
iv) The seriousness of the offense.
Section 2504.70 Adjustment Committee Hearing Procedures
a) The Adjustment Committee hearing shall be convened but need not be concluded within 7 days after the commission of the offense or its discovery, whenever possible, unless the youth has received a continuance or is unable or unavailable for any reason to participate in the hearing. For purposes of this Section, when an investigation has taken place, an offense is considered to be discovered upon the conclusion of the investigation. Inability to participate includes the absence of the youth from the facility for any reason or certification by health care staff that the youth is unable to appear.
b) The youth shall receive written notice of the facts and charges being presented against him or her no less than 24 hours prior to the Adjustment Committee hearing. The youth may waive the 24-hour advance notice. The waiver shall be in writing.
c) The youth shall be informed before or at the hearing of information that would tend to show that the youth was not guilty. If information is provided to him or her at the hearing, the youth shall, upon request, be given a continuance.
d) Any person who initiated the allegations that serve as the basis for the disciplinary report, or who conducted an investigation into those allegations, or who witnessed the incident, or who is otherwise not impartial shall not serve on the Adjustment Committee hearing that disciplinary report. A youth who objects to a member of the Committee based on a lack of impartiality must raise the matter at the

Case: 1:12-cv-07289 Document #: 133-2 Filed: 04/20/15 Page 6 of 23 PageID #:1600
beginning of the hearing. The Committee shall document the basis of the objection and the decision in the Adjustment Committee summary.
e) A youth may, upon written request and for good cause shown, be granted additional time to prepare his or her defense. If at the time of the hearing the Committee determines that the youth was unable to prepare a defense, because of a language barrier, the Committee shall automatically grant a request for a continuance for language assistance. The committee shall then make the necessary arrangements for language assistance. Inability to prepare a defense due to a language barrier includes, but is not limited to, a request for witnesses.
f) Any youth charged with a violation of any rules shall have the right to appear before and address the Committee. Any refusal to appear shall be documented and provided to the Committee. However, failure to appear before or address the Committee may be adversely construed against the individual by the Adjustment Committee.
1) The youth may make any relevant statement or produce any relevant documents in his or her defense.
2) Prior to the hearing, the youth may request that witnesses be interviewed. The request shall be in writing on the space provided in the disciplinary report and shall include an explanation of what the witnesses would state. If the youth fails to make the request in a timely manner before the hearing, the individual may be granted a continuance for good cause shown.
g) The Committee shall consider all material presented that is relevant to the issue of whether or not the youth committed the offense.
h) The Adjustment Committee shall consider any statements of witnesses with relevant knowledge of the incident who are reasonably available.
1) The Committee or its Hearing Investigator may interview witnesses and prepare or review summaries of their testimony prior to or at or subsequent to the hearing.
2) The offender does not have the right to confront or cross-examine any witnesses but may submit questions for witnesses to the Committee prior to the hearing. These questions shall be asked by the Committee or its Hearing Investigator unless found to be cumulative, irrelevant, or a threat to the safety of individuals or the security of the facility.
3) A means shall be provided in each living unit for youth to submit witness request slips. The Committee may disapprove witness requests that are

Case: 1:12-cv-07289 Document #: 133-2 Filed: 04/20/15 Page 7 of 23 PageID #:1601
not received prior to the hearing.
4) Requests by youth for witnesses may be denied if their testimony would be, among other matters, irrelevant or cumulative or would jeopardize the safety or disrupt the security of the facility. If any witness request is denied, a written reason shall be provided.
5) At least one person who serves as an Adjustment Committee member shall hear the in-person testimony of the youth's witnesses where the youth makes a timely request for the witnesses or is granted a continuance to request witness testimony. In-person testimony of the youth's witnesses shall be defined as face-to-face contact or telephonic contact by the Adjustment Committee.
6) If the Adjustment Committee makes a written determination that the inperson testimony by the witness requested by the youth would undermine authority or would present potential disruption of the operations of the facility or a threat to the safety of any person or institutional safety or correctional goals, the Adjustment Committee may elect to accept the testimony through other legally permissible means, including, but not limited to, a sworn written summary of an interview of the witness or a sworn statement.
7) A sworn written statement or sworn written summary of a witness' testimony is a reasonable alternative to in-person testimony if the witness' testimony will be accepted as credible and it involves verification of alleged facts, including but not limited to a witness who will testify to the authenticity of contents of a record or document, cell location, work assignment, writ status, staff work schedule, or identification.
8) When testimony is presented to the Adjustment Committee in the form of a written summary or statement, a copy of the written summary or statement shall be given to the accused youth unless the Adjustment Committee finds that disclosure presents a threat to the safety of any person.
i) The youth shall not have the right to either retained or appointed counsel. The youth may request the assistance of a staff member in the preparation and presentation of his or her defense if he or she is illiterate or does not speak English or when other circumstances exist that preclude the individual from adequately preparing his or her defense.
j) The Adjustment Committee shall decide whether or not the youth committed the offense based upon all relevant information and evidence.

Case: 1:12-cv-07289 Document #: 133-2 Filed: 04/20/15 Page 8 of 23 PageID #:1602
1) The Committee must be reasonably satisfied there is some evidence that the youth committed the offense for the individual to be found guilty.
2) Polygraph results may be considered but may not be the sole basis for finding the youth guilty of the offense.
k) The Adjustment Committee shall take one of the following actions, based upon the evidence admitted:
1) Find that the youth did not commit the offense. In that case, the Committee shall order that the disciplinary report be dismissed and expunged from the youth's record. A copy shall be maintained in an expungement file.
2) Find that further investigation is necessary to determine if the youth did or did not commit the offense and place the youth in investigative status.
3) Find that additional time is needed to obtain information relative to the charge. The hearing may be continued for a reasonable time. However, unless the youth is placed in investigative status, the individual may not be placed in confinement.
4) Find that the youth did commit the offense or a lesser offense for which the elements were included in the original charge. The Committee may recommend one or more of the following disciplinary actions:
A) Reprimand the youth.
B) Suspend or restrict one or more privileges of the youth for a specific period of time.
C) Reduce the youth's grade or level.
D) Change the youth's program.
E) Change the youth's housing assignment or transfer the individual to another youth center.
F) Increase the youth's security classification.
G) Require the youth to make restitution.
H) Require forfeiture of items of contraband used in the offense or possessed in violation of this Part.

Case: 1:12-cv-07289 Document #: 133-2 Filed: 04/20/15 Page 9 of 23 PageID #:1603
I) Delay referral of a youth to the Prisoner Review Board for recommended parole or aftercare.
5) This Part shall in no way be construed to restrict or limit the Department's ability to administratively change a youth's job, educational, program, or housing assignment, to restrict privileges, or to transfer the youth to another facility.
l) A written record shall be prepared and signed by all members of the Committee that contains:
1) A summary of oral and written statements and other evidence presented.
A) The Committee may consider information from confidential sources if:
i) It finds that his or her identity must be withheld for reasons of security; and
ii) The information is reliable.
B) Reliability may be established by one of the following:
i) The investigating officer has indicated, in writing and by his or her appearance before the Adjustment Committee, the truth of his or her report containing confidential information;
ii) Corroborating testimony such as statements from other sources or polygraph results; or
iii) A statement by a member of the Adjustment Committee or an oral or written statement to the Adjustment Committee by supervisory or administrative staff that the individual has firsthand knowledge of the sources of information and considers them reliable on the basis of their past record of reliability.
C) If the identity of a source is being withheld for reasons of security, a statement to that effect and a statement that the Committee finds the information reliable must be included. A summary of the information provided and the basis for the finding of reliability shall be documented, but need not be included in the summary based on safety and security concerns.

Case: 1:12-cv-07289 Document #: 133-2 Filed: 04/20/15 Page 10 of 23 PageID #:1604
2) If the Committee members find that the youth committed the offense, a statement as to their reasons for the finding. If exonerating evidence is presented and disregarded, the Committee must state the basis for disregarding the evidence.
3) The disposition of the charges, the disciplinary action recommended, and the reasons for recommending the disciplinary action.
m) If the safety or security of the youth center or any person is jeopardized by certain references in the written record, they may be deleted but the fact that omissions have been made shall be noted on the summary, along with a finding that material is being deleted based on safety or security concerns.
n) If the youth is found guilty, the individual shall be informed of the opportunity to appeal through the grievance procedures in 20 Ill. Adm. Code 2504.Subpart C.
o) A copy of the disciplinary report and Adjustment Committee summary shall be forwarded to the Chief Administrative Officer for review and approval and a copy shall be filed in the youth's record. The youth shall be given a copy of the Adjustment Committee summary.
p) The Chief Administrative Officer shall review all Adjustment Committee dispositions. The Deputy Director of the Juvenile Division shall review any Adjustment Committee disposition of a youth when the Committee has recommended a delay in referral of the youth to the Prisoner Review Board for more than 30 days.
1) The Director, Deputy Director, or Chief Administrative Officer may take the following actions:
A) Confirm the recommendation in whole or in part.
B) Order additional or new proceedings.
C) Suspend or overturn the recommendation.
D) Offer the youth a work assignment which, if accepted and satisfactorily completed, will result in reduction of original disciplinary sanctions.
2) The Director, Deputy Director, or Chief Administrative Officer shall not increase the sanctions recommended by the Adjustment Committee, but he or she may reduce them. The youth shall be sent a copy of any modification to the Adjustment Committee recommendations.

Case: 1:12-cv-07289 Document #: 133-2 Filed: 04/20/15 Page 11 of 23 PageID #:1605
Section 2504.90 Program Unit Hearing Procedures
a) The Program Unit hearing shall be convened, but need not be concluded, within 7 days after the commission of the offense or its discovery, whenever possible, unless the youth is unable to participate in the hearing.
b) The youth shall receive written notice of the facts and charges being presented against him or her prior to the hearing.
c) Any person who initiated the allegations that serve as the basis for the disciplinary report, or who conducted a formal investigation into those allegations, or who witnessed the incident, or who is otherwise not impartial shall not conduct a hearing on that report.
d) The hearing may be continued to obtain additional information or upon the youth's written request and for good cause shown.
e) The youth shall have the right to appear before and address the Program Unit Hearing Officer.
f) The Program Unit Hearing Officer may call witnesses and review any information relevant to the charge.
g) The youth shall not have the right to retained or appointed counsel. The youth may request the assistance of a staff member in the preparation of his or her defense if the individual is illiterate or does not speak English or when other circumstances exist that preclude the individual from adequately preparing his or her defense.
h) The Program Unit Hearing Officer may return a disciplinary report to the Chief Administrative Officer with a recommendation for a hearing before the Adjustment Committee. The factors listed in Section 2504.20(b) shall be considered when making this determination.
1) If approved by the Chief Administrative Officer, a hearing before the Adjustment Committee shall commence within 7 days after the approval, whenever possible.
2) If not approved, the disciplinary report shall be referred back for a hearing before the Program Unit which shall commence within 7 days after the decision not to approve the recommendation, whenever possible.
i) The Program Unit Hearing Officer may recommend any of the actions authorized in Section 2504.70(k) of this Part except that the Officer may not recommend

Case: 1:12-cv-07289 Document #: 133-2 Filed: 04/20/15 Page 12 of 23 PageID #:1606
delay in referral of a youth to the Prisoner Review Board for recommended parole or aftercare, an increase in the youth's security classification, or transfer to another youth center.
j) A record shall be signed by the Hearing Officer that contains a summary of oral and written statements and other evidence presented, the decision, and the disciplinary action recommended.
k) The summary shall be processed in accordance with Sections 2504.70(o) and (p) and 2504.80 of this Part.
Section 2504.210 Definitions
“Administrative Hold” means the status of a youth who is temporarily being housed in a particular youth center, and includes, but is not limited to, youth awaiting transfer to the Department of Corrections or another youth center, youth permanently assigned to another youth center being housed for purposes of attending court, youth awaiting release or who were delivered to the Department by mistake.
“Behavioral Hold” means the confinement of a youth to their own room or other area, separate from the confinement unit, when a youth has violated a department or youth center rule, failed to follow instructions of youth center staff, or otherwise behaved in a disruptive manner.
"Chief Administrative Officer" means the highest ranking official of a youth center.
"Confinement" means intentionally keeping a youth separate from all other youth, removing a youth from the general population, restricting the movement of a youth, or confining a youth to a room or area for any period of time for the reasons defined herein regardless of whether the youth is placed on a confinement unit. Confinement of a youth for any reason not defined in this rule is not permitted.
“Confinement decision” means a decision by a staff member to initially confine a youth, to continue or change the basis for confinement, to remove a youth from confinement, to initially restrict access to programs or services of a youth on confinement, or continue or adjust such restrictions.
“Confinement unit” – means an area within the youth center designated by the Chief Administrative Officer to house youth who, for safety and security reasons, require close supervision and limited out of room time, access to privileges, and contact with other youth. Youth may only be placed in the confinement unit in accordance with Section 2504.225.

Case: 1:12-cv-07289 Document #: 133-2 Filed: 04/20/15 Page 13 of 23 PageID #:1607
“Confinement Status” means a status assigned to a youth who exhibits or threatens violent, aggressive, or uncontrolled behavior and poses a serious and immediate threat to his or her own safety, the safety of others, or the security of the facility.
“Crisis Status” means a status assigned to a youth who exhibits behavior suggestive of acute mental or emotional disorder or suicidal ideation.
"Department" means the Department of Juvenile Justice.
“Deputy Director of Operations” means the Deputy Director of Operations of the Department of Juvenile Justice.
"Director" means the Director of the Department of Juvenile Justice.
“Investigative Status” means a status given to a youth who is temporarily confined, after approval of the Deputy Director of Operations, where confinement is necessary for the efficient and effective investigation of a major offense as defined in Section 2504.50.
“Medical Hold” means the confinement of a youth ordered by a physician for purposes of medical quarantine, recovery, or observation.
"Youth" means a person committed to the Department or to the custody of the Department.
Section 2504.215 Responsibilities
a) Unless otherwise specified, the Director, Deputy Director of Operations, 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, Deputy Director of Operations, 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.
Section 2504.220 Placement in Confinement (Repealed)
Section 2504.225 Placement in the Confinement Unit

Case: 1:12-cv-07289 Document #: 133-2 Filed: 04/20/15 Page 14 of 23 PageID #:1608
The confinement of a youth in the confinement unit must comply with the following requirements:
a) The Chief Administrative Officer may designate an area within the youth center, separate from all other youth, as the confinement unit. Youth may be removed from the general population and place in the confinement unit only under the following conditions:
1) When a youth is placed on Investigative Status he or she may be placed in the confinement unit. Such confinement must comply with the requirements of Section 2504.250;
2) When a youth is placed on Confinement Status he or she may be placed in the confinement unit only until the youth regains self-control and for no longer than 24 hours;
3) When a youth is on an Administrative Hold and is awaiting transfer to the Department of Corrections or a more secure setting, or the Chief Administrative Officer documents other safety or security reasons why a less restrictive form of housing is not appropriate he or she may be placed in the confinement unit for a maximum of 3 business days;
4) When a youth is on an Administrative Hold for reasons other than those described in paragraph 3 above, he or she may be housed in the confinement unit for a maximum of 24 hours; and
5) When a youth is on Crisis Status he or she may be placed in the confinement unit only when a mental health professional determines that such placement is necessary to prevent physical harm to self or others and a less restrictive area is not available or sufficient.
A) The necessity of such placement shall be reviewed by a mental health professional every 24 hours, and if placement in the confinement unit is still necessary after three days, the youth shall be evaluated for psychiatric hospitalization.
B) Such youth must be removed from the confinement unit once the risk of physical harm to self or others ends or a less restrictive area become available or sufficient.
C) Whenever feasible given the physical layout of the confinement unit and youth then present, a youth on Crisis Status shall be sight and sound separated from youth in the confinement unit for other reasons.

Case: 1:12-cv-07289 Document #: 133-2 Filed: 04/20/15 Page 15 of 23 PageID #:1609
6) When a youth is on a Medical Hold he or she may be placed in the confinement unit only when ordered by a physician after a determination that a less restrictive area is not available or sufficient to meet the youth’s medical needs.
A) The necessity of such placement shall be reviewed by a physician every 24 hours.
B) Whenever feasible given the physical layout of the confinement unit and youth then present, a youth on Medical Hold shall be sight and sound separated from youth in the confinement unit for other reasons.
b) While on the confinement unit, visual checks and verbal communications required by Section 2504.230(e) shall be made no less than every 15 minutes
c) All other confinement of youth must occur in their rooms or living areas or in another area designated by the Chief Administrative Officer and under the conditions as otherwise provided in this Subpart.
Section 2504.230 Confinement Procedures
All confinement, regardless or basis or location, must comply with the following requirements:
a) All confinement decisions shall be documented and justified in writing as soon as practical by the staff member making such decision.
b) The Chief Administrative Officer shall be notified of all decisions to confine for any reason as soon as possible and shall review all documentation justifying such decisions.
c) Any medical complaint registered by the youth or possible medical concern observed by staff while in confinement shall be reported immediately to the medical staff, if on duty, or to the shift supervisor who shall contact a member of the medical staff immediately.
d) Visual checks by staff shall be made of all youth in confinement no less than every 15 minutes, shall include a verbal confirmation from the youth during waking hours, and during sleeping hours if and as often as ordered by a physician or mental health professional, and shall be documented.
e) Use of physical restraints on youth in confinement must comply with 20 Ill. Adm. Code 2501.Subpart B.

Case: 1:12-cv-07289 Document #: 133-2 Filed: 04/20/15 Page 16 of 23 PageID #:1610
f) Youth in confinement shall be provided time outside the room for daily showers, personal grooming, and recreation.
g) Youth in confinement shall be permitted to have family, attorney, and clergy visits. Family and clergy visits may be restricted by order of the Chief Administrative Officer when the youth poses a threat to the physical safety of the individual or others or to the security of the youth center. Such determinations shall be documented and justified.
h) Reading materials shall be provided to the youth for use in the room provided the materials are not abused. Youth shall be provided access to writing materials daily, outside the room. Any abuse of reading or writing materials must be documented on a disciplinary report and may result in temporary restriction except for communication to counsel or the court. Such determinations shall be documented and justified.
i) Youth in confinement shall continue to receive the mental health services they ordinarily receive.
j) Youth in confinement shall have the opportunity to receive the educational services they ordinarily receive, unless the Chief Administrative Officer personally determines that providing such services to the youth poses a threat to the physical safety of the individual or others or to the security of the youth center. Such determinations shall be documented and justified. The opportunity to receive educational services shall resume when the threat ends.
k) Youth confined for 24 hours or more shall be provided a minimum of 8 hours of out-of-room time for every 24-hour period, including at least one hour of largemuscle exercise. This hour of exercise shall be out doors when weather permits. During such out-of-room time, the youth shall be in the physical presence of, and have the opportunity to speak with, facility staff.
1) Such out-of-room time may be restricted on orders of the Chief Administrative Officer when release of the youth poses a threat to the safety of the individual or others or to the security of the facility. Such determinations shall be documented and justified.
2) All out-of-room movement shall be documented
l) Youth confined for 24 hours or more shall be interviewed daily by a mental health professional. If the mental health professional is not licensed, he or she shall review the substance of the interview with a licensed mental health professional.

Case: 1:12-cv-07289 Document #: 133-2 Filed: 04/20/15 Page 17 of 23 PageID #:1611
m) Anytime a youth is in confinement for 18 consecutive hours or on more than 10 occasions in any 30 day period, the Deputy Director of Operations shall be notified immediately and all documentation justifying such confinement shall be forwarded to him or her.
n) The parents or guardian of a youth under 18 years of age shall be notified anytime such youth is confined for 24 hours or more.
o) The Department shall maintain cumulative data on all confinement decisions.
Section 2504.240 Confinement Status
a) A youth may be placed on Confinement Status and confined in the confinement unit or other area designated by the Chief Administrative Officer when he or she exhibits or threatens violent, aggressive, or uncontrolled behavior and poses a serious threat to his or her own safety, the safety of others, or the security of the facility.
b) Such confinement must end when the youth regains self-control and may not exceed 24 hours in duration.
c) Unless sooner removed from confinement, within one hour of confinement and every hour thereafter if the youth is awake, a supervisory staff member shall meet with the youth to assess whether the youth has regained self-control.
d) If a youth has not regained self-control after 4 hours in confinement, staff shall meet with the youth, attempt to assist the youth in regaining self-control, and assess whether the youth has any immediate needs for additional mental health services. Such staff shall continue to check in every 2 hours if the youth is awake, until the youth is removed from Confinement Status. If a mental health professional is on grounds, a mental health professional shall perform these checks. If a mental health professional is not on grounds, the checks shall be performed by other staff specifically trained in crisis response.
e) Within 24 hours after the initiation of confinement status, regardless of whether or not the confinement has ended, the youth shall be referred to a mental health professional to determine whether additional treatment services are needed.
Section 2504.250 Investigative Status
a) A youth may be placed on Investigative Status and confined in the confinement unit or other area designated by the Chief Administrative Officer when that youth is alleged to have committed a major offense as defined 2504.50, the temporary confinement is necessary for the efficient and effective investigation of the

Case: 1:12-cv-07289 Document #: 133-2 Filed: 04/20/15 Page 18 of 23 PageID #:1612
offence, and such confinement is personally approved by the Deputy Director of Operations.
b) Such confinement must end when, regardless of the maximum time established, the Internal Investigator, Chief Administrative Officer, or Deputy Director of Operations determines that continued confinement is no longer necessary for the efficient and effective investigation of the offence.
c) Such confinement may continue for a maximum of 4 days, unless:
1) The investigation is being conducted by an outside agency and the agency submits to the Deputy Director of Operations documentation supporting why continued placement in the confinement unit is necessary; or
2) In the event that an investigation cannot be completed within 4 days due to an institutional emergency, and the Deputy Director of Operations personally authorizes, in writing, an extension of up to 4 days placement in confinement for pending investigation. As used in this Section, an institutional emergency includes riots, strikes, lockdowns, and natural disasters.
Section 2504.260 Administrative Hold
a) A youth may be placed on an Administrative Hold when temporarily being housed in a particular youth center and may be separated from other youth for administrative or security purposes as personally determined by the Chief Administrative Officer.
b) Youth on an Administrative Hold may be placed in the confinement unit only as provided in Section 2504.225.
c) The Department shall make every reasonable effort to provide youth on an Administrative Hold, who are not placed in the confinement unit for safety and security reasons, with access to the same programs and services youth in the general population have. Any restrictions on movement or access to programs and services shall be documented and justified by the Chief Administrative Officer.
Section 2504.270 Behavioral Hold
a) A youth may be placed on a Behavioral Hold when a youth has violated a Department or youth center rule, failed to follow instructions of youth center staff, or otherwise behaved in a disruptive manner.

Case: 1:12-cv-07289 Document #: 133-2 Filed: 04/20/15 Page 19 of 23 PageID #:1613
b) The shift supervisor shall be immediately notified anytime a youth is places on a Behavioral Hold.
c) All youth shall be informed of what behaviors are unacceptable and may result in a Behavioral Hold.
d) Youth on a Behavioral Hold shall be confined in their own room or other area designated by the Chief Administrative Officer and may not be placed in the confinement unit.
e) Within 30 minutes of confinement, a staff member not involved in the behavioral incident shall meet with the youth, provide counsel and guidance regarding the behavior, and de-escalate the behavior where necessary.
f) A youth shall be removed from the behavioral hold once the shift supervisor determines the youth has demonstrated an understanding of the behavior and the desire and ability to return to program participation with no further behavioral issues. Unless sooner removed from confinement, within one hour of confinement and every hour thereafter, a supervisory staff member shall meet with the youth to assess whether the youth has done so.
g) At no time may a youth on a behavioral hold be confined for more than 4 hours.
Section 2504.280 Crisis Confinement
a) A youth on Crisis Status may be placed in the confinement unit or other area designated by the Chief Administrative Officer when determined by a mental health professional or other staff specifically trained in crisis response to require removal from the youth’s regular housing assignment for mental health treatment or observation.
1) Unless such determination is made by a licensed mental health professional:
i) If a licensed mental health professional is on grounds, then within one hour he or she shall personally assess the youth, and decide whether to continue the confinement and whether additional treatment services are needed.
ii) If a licensed mental health professional is not on grounds, then within one hour the individual who made the determination shall notify the on-call licensed mental health professional. A licensed mental health professional shall, within one hour of his or her arrival on grounds, but in no event more than 24 hours after the determination was made, personally assess the youth, and decide

Case: 1:12-cv-07289 Document #: 133-2 Filed: 04/20/15 Page 20 of 23 PageID #:1614

whether to continue the confinement and whether additional treatment services are needed.
2) Youth shall be removed from confinement if the licensed mental health professional decides under subsection (1)(i) or (1)(ii) that confinement should not continue
b) The Department shall establish procedures for the timely identification of, referral to appropriate staff, and provision of mental health services to youth in crisis.
c) Youth on Crisis Status may be placed in the confinement unit only as provided in Section 2504.225.
d) Where crisis status is ordered and there is no present risk of physical harm to self or others, a youth’s movement and access to programs and services may only be restricted as specifically ordered by a mental health professional based on a finding of mental health need. These restrictions shall be reviewed by a mental health professional daily.
Section 2504.290 Medical Hold
a) A youth may be placed on a medical hold and confined for purposes of medical quarantine, recovery, or observation only when ordered by a physician.
b) Youth on a medical hold may only be confined in their own room or other area designated by the Chief Administrative Officer and may not be placed in the confinement unit.
c) Where a medical hold is ordered, a youth’s movement and access to programs and services may only be restricted as specifically ordered by the physician based on a finding of medical need. These restrictions shall be reviewed by a physician daily.

Section 2504.TABLE A Maximum Penalties for Youth

Offense
100. Violent Assault of any Person
101. Arson

Loss or Restriction
of Privileges
1 year
1 year

Maximum Penalties for Youth

Good Time Revocation

Delay in Recommendation
to PRB

1 year 1 year

1 year 1 year

Case: 1:12-cv-07289 Document #: 133-2 Filed: 04/20/15 Page 21 of 23 PageID #:1615

Offense
102. Assaulting any Person
103. Bribery & Extortion
104. Dangerous Contraband
105. Dangerous Disturbance
106. Escape or Runaway
107. Sexual Misconduct
108. Sexual Assault
109. Electronic Contraband
110. Impeding or Interfering with an Investigation
201. Concealment of Identity
202. Damage or Misuse of Property
203. Drugs and Drug Paraphernalia
204. Forgery
205. Security Threat Group or Unauthorized Organizational Activity
206. Intimidation or Threats
207. Possession of Money
208. Dangerous Communications
209. Dangerous Written Material
210. Impairment of Surveillance
211. Possession or Solicitation of

Loss or Restriction
of Privileges
1 year 6 months 2 months 6 months
1 year 6 months
1 year 6 months 6 months
6 months
1 month
2 months 1 month
2 months
1 month 4 months 2 months
2 months
2 months
2 months

Maximum Penalties for Youth

Good Time Revocation

Delay in Recommendation
to PRB

1 year 1 year 1 year 1 year 1 year 1 year 1 year 1 year

1 year 1 year 1 year 1 year 1 year 1 year 1 year 1 year

6 months

6 months

1 month

1 month

1 month

1 month

3 months 1 month

3 months 1 month

6 months

6 months

1 month 1 month 6 months 6 months 6 months 6 months

1 month 1 month 6 months 6 months 6 months 6 months

Case: 1:12-cv-07289 Document #: 133-2 Filed: 04/20/15 Page 22 of 23 PageID #:1616

Offense
Unauthorized Personal Information 212. Frivolous Lawsuit
213. Failure To Reveal Assets
301. Fighting
302. Gambling
303. Giving False Information to an Employee
304. Insolence
305. Theft
306. Transfer of Funds
307. Unauthorized Movement
308. Contraband or Unauthorized Property
309. Petitions, Postings, and Business Ventures
310. Abuse of Privileges
311. Failure to Submit to Medical or Forensic Tests
402. Health, Smoking, or Safety Violations
403. Disobeying a Direct Order
404. Violation of Rules
405. Failure to Report
406. Trading or Trafficking

Loss or Restriction
of Privileges
0 days 2 months 2 months 1 month
1 month
1 month 2 months 3 months 1 month
2 months
2 months 2 months
2 months
1 month
1 month 1 month 1 month 1 month

Maximum Penalties for Youth

Good Time Revocation

Delay in Recommendation
to PRB

6 months 6 months 2 months 1 month
6 months
1 month 3 months 3 months 1 month 2 months
0 days 0 days
0 days
1 month 15 days 0 days 15 days 15 days

0 days 6 months 2 months 1 month
6 months
1 month 3 months 3 months 1 month 2 months 2 months 2 months
2 months
1 month 15 days 1 month 15 days 15 days

Case: 1:12-cv-07289 Document #: 133-2 Filed: 04/20/15 Page 23 of 23 PageID #:1617

Offense
501. Violating State or Federal Laws
601. Aiding and Abetting, Attempt, Solicitation, or Conspiracy

Loss or Restriction
of Privileges
2 months
Same as underlying
offense

Maximum Penalties for Youth

Good Time Revocation

Delay in Recommendation
to PRB

1 year

1 year

Same as

Same as

underlying underlying offense

offense

Case: 1:12-cv-07289 Document #: 133-3 Filed: 04/20/15 Page 1 of 3 PageID #:1618

TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE SUBCHAPTER d: OPERATIONS

PART 2535 PERSONAL PROPERTY

Section 2535.12 2535.15 2535.17 2535.20 2535.30 2535.40 2535.50 2535.60 2535.70 2535.80 2535.90 2535.100 2535.110 2535.120 2535.130 2535.140

Definitions Responsibilities Personal Property Permit Audio-Visual Equipment Reading Material Commissary Items and Outside Vendor Purchases Jewelry Clothing and Other Property Procedure for New Admissions Procedure for Institutional Transfers Procedure for Temporary Absence Procedure for Aftercare Release or Discharge Disposal of Personal Property Items Security of Personal Property Unclaimed Personal Property

AUTHORITY: Implementing Section 3-4-3 and authorized by Sections 3-7-1 and 3-7-4 of the Unified Code of Corrections [730 ILCS 5/3-4-3, 3-7-1 and 3-7-4].

SOURCE: Adopted at 8 Ill. Reg. 14543, effective August 1, 1984; amended at 14 Ill. Reg. 6765,

effective May 1, 1990; the policies embodied in this Part transferred to the Department of

Juvenile Justice pursuant to Section 3-2.5-50 of the Unified Code of Corrections on June 1, 2006

and codified at 38 Ill. Reg. 16446; amended at 39

, effective

.

Section 2535.30 Audio-Visual Equipment

a) Each facility shall develop and post a list of authorized audio-visual equipment each committed youth assigned to the general population may be permitted to retain. Detachable speakers shall not be permitted.

b) Use of headphones or earplugs shall be at the discretion of the Chief Administrative Officer.

c) Misuse or abuse of audio-visual equipment may result in the temporary or permanent confiscation of these items in accordance with the provisions of 20 Ill. Adm. Code 2504.

Case: 1:12-cv-07289 Document #: 133-3 Filed: 04/20/15 Page 2 of 3 PageID #:1619
d) Limitations of the use of audio-visual equipment may be imposed on committed youth if the usage is disruptive to others.
e) Committed youth may not possess recording devices as personal property, but may use them when required in academic or vocational programs where such use is approved by the facility and in such place and manner as is approved by the facility.
f) A committed youth placed in confinement shall be denied the privilege of possessing all audio-visual equipment until he is released from confinement or has his privileges restored in accordance with 20 Ill. Adm. Code 2504. His items will be returned when he signs a receipt for them.
g) Any committed youth in confinement for more than 60 consecutive days on the same rule infraction may submit a written request to the Chief Administrative Officer for restoration of his audio-visual privileges. The request shall be considered only if the individual has had no disciplinary infractions in the 60- day period prior to the submission of his request.
h) Any committed youth in confinement who has had audio-visual privileges restored may lose them again for a subsequent disciplinary infraction.
if) When audio-visual equipment is confiscated or returned, an audio visual equipment inventory form shall be given to the owner and a copy placed in his master record file. If the committed youth does not have the proper permit, disciplinary action may be taken.

Case: 1:12-cv-07289 Document #: 133-3 Filed: 04/20/15 Page 3 of 3 PageID #:1620

Case: 1:12-cv-07289 Document #: 133-4 Filed: 04/20/15 Page 1 of 3 PageID #:1621

TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE SUBCHAPTER d: OPERATIONS

PART 2535 PERSONAL PROPERTY

Section 2535.12 2535.15 2535.17 2535.20 2535.30 2535.40 2535.50 2535.60 2535.70 2535.80 2535.90 2535.100 2535.110 2535.120 2535.130 2535.140

Definitions Responsibilities Personal Property Permit Audio-Visual Equipment Reading Material Commissary Items and Outside Vendor Purchases Jewelry Clothing and Other Property Procedure for New Admissions Procedure for Institutional Transfers Procedure for Temporary Absence Procedure for Aftercare Release or Discharge Disposal of Personal Property Items Security of Personal Property Unclaimed Personal Property

AUTHORITY: Implementing Section 3-4-3 and authorized by Sections 3-7-1 and 3-7-4 of the Unified Code of Corrections [730 ILCS 5/3-4-3, 3-7-1 and 3-7-4].

SOURCE: Adopted at 8 Ill. Reg. 14543, effective August 1, 1984; amended at 14 Ill. Reg. 6765,

effective May 1, 1990; the policies embodied in this Part transferred to the Department of

Juvenile Justice pursuant to Section 3-2.5-50 of the Unified Code of Corrections on June 1, 2006

and codified at 38 Ill. Reg. 16446; amended at 39

, effective

.

Section 2535.30 Audio-Visual Equipment

a) Each facility shall develop and post a list of authorized audio-visual equipment each committed youth assigned to the general population may be permitted to retain. Detachable speakers shall not be permitted.

b) Use of headphones or earplugs shall be at the discretion of the Chief Administrative Officer.

c) Misuse or abuse of audio-visual equipment may result in the temporary or permanent confiscation of these items in accordance with the provisions of 20 Ill. Adm. Code 2504.

Case: 1:12-cv-07289 Document #: 133-4 Filed: 04/20/15 Page 2 of 3 PageID #:1622
d) Limitations of the use of audio-visual equipment may be imposed on committed youth if the usage is disruptive to others.
e) Committed youth may not possess recording devices as personal property, but may use them when required in academic or vocational programs where such use is approved by the facility and in such place and manner as is approved by the facility.
f) When audio-visual equipment is confiscated or returned, an audio visual equipment inventory form shall be given to the owner and a copy placed in his master record file. If the committed youth does not have the proper permit, disciplinary action may be taken.

Case: 1:12-cv-07289 Document #: 133-4 Filed: 04/20/15 Page 3 of 3 PageID #:1623

Case: 1:12-cv-07289 Document #: 1233-15 Filed: 024/1270/15 Page 1 of 11 PageID #:146234

Illinois
Department of
Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Number Page
Effective

04.04.102 1 of 119 10/01/2014DRAFT

Section

04

Programs and Services

Subsection

04

Mental Health

Subject

102

Emergency Mental Health Services

I.

POLICY

A.

Authority

730 ILCS 5/3-2.5-20

20 Ill. Adm. Code 2415

B.

Policy Statement

Youth shall have access to emergency mental health services.

II.

PROCEDURE

A.

Purpose

The purpose of this directive is to define the responsibilities of those employees involved in the provision of emergency mental health services to youth.

B.

Applicability

This directive is applicable to all youth centers.

C.

Facility Reviews

A facility review of this directive shall be conducted at least annually.

D.

Designees

Individuals specified in this directive may delegate stated responsibilities to another person or persons unless otherwise directed.

E.

Definitions

Close Supervision - a formal treatment status which provides for verbal or visual monitoring of those youth determined by a mental health professional to be acutely disturbed or potentially suicidal.

Crisis Team Member - an individual designated by the Chief Administrative Officer to respond to a potential or actual crisis.

Crisis Team Leader - a mental health professional designated by the Chief Administrative Officer to supervise and direct crisis services.

Case: 1:12-cv-07289 Document #: 1233-15 Filed: 024/1270/15 Page 2 of 11 PageID #:146245
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Page

10/01/2014DRAFT

2 of 11

Number

04.04.102

Observation Status - a formal monitoring status which provides for verbal or visual monitoring of those youth determined by a mental health professional or Crisis Team Leader to be at increased risk for experiencing a mental or emotional crisis.

Strip Celling – the removal of all clothing and property from a youth who is placed on suicide watch and determined by a mental health professional or physician, when a mental health professional is not available, that the youth is at imminent risk for harm to self or others.

Suicide Watch Status - a formal treatment status for a youth determined by a mental health professional to be acutely suicidal.

F.

Implementation

The Chief Administrative Office shall develop a written procedure implementing all provisions of this directive.

1.

Crisis Intervention Team

a.

A Crisis Intervention Team shall be designated by the Chief Administrative Officer

which shall include:

(1) A mental health professional who shall be the Crisis Team Leader;

(2) At least one member of the security staff who is the rank of Juvenile Justice Supervisor or above.

(3) Other members who may be chosen from the administrative, chaplaincy, counseling, educational, leisure time services, medical or security staff.

b.

One or more team members shall be available on site on a 24-hour basis.

c.

All staff selected for the Crisis Intervention Team shall be properly trained.

(1) Mental health professionals shall not be required to receive special training unless specifically required by the Chief Administrative Officer.

(2) All other team members shall receive sixteen hours of specialized training prior to serving on the Crisis Intervention Team, unless otherwise approved, in writing, by the agency Chief of Mental Health Services.

(a) The initial 16 hours of training shall be provided through the Training Academy and shall include assessment and intervention techniques in crisis situations.

(b) A team member may provisionally serve on the team after completing four hours of orientation training as determined by the Crisis Team Leader. The team member shall receive the required training provided by the Training Academy at the next available training session.

Case: 1:12-cv-07289 Document #: 1233-15 Filed: 024/1270/15 Page 3 of 11 PageID #:146256
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Page

10/01/2014DRAFT

3 of 11

Number

04.04.102

(3) All team members shall receive an additional one hour of training quarterly by the facility Crisis Team Leader. The training shall consist of topics selected by the Team Leader which are pertinent to crisis intervention.

2.

Referrals to Crisis Intervention

a.

A procedure shall be established for referral to the Crisis Intervention Team of

youth who exhibit disturbed behavior.

(1) All staff are responsible for promptly reporting to the Crisis Intervention Team or a mental health professional any evidence that a youth is:

(a) Threatening suicide, attempting suicide, or exhibiting other symptoms which indicate that the youth may be at risk for, or intent upon, self-harm or suicide;

(b) Threatening or attempting homicidal behavior, or exhibiting other symptoms which indicate the youth may be at risk for, or intent upon, killing another;

(c) Mentally or emotionally disturbed and potentially dangerous to others, or unable to care for himself due to confusion, disorientation, etc.; or

(d) Exhibiting acute depressive or psychotic symptoms.

b.

Upon notification of the referral, the Crisis Team Member shall determine and

implement the steps necessary, if any, to resolve the crisis or prevent it from

escalating. This may include referral to other staff or services.

(1) The Crisis Team Member shall promptly review the case with the Crisis Team Leader or other designated mental health professional to determine if appropriate services and referrals have been provided. After normal duty hours and on weekends and holidays this review may be by telephone.

(2) The Crisis Team Leader or Member shall monitor and facilitate service delivery including, when appropriate, referral for mental health or medical examination, initiation of crisis treatment plan and recording of visual or verbal checks, and any special recommendations by mental health professionals.

(3) The Crisis Team Leader of Member shall notify the Shift Supervisor of any recommendations involving responsibility of security staff toward the youth.

(4) The crisis response shall be terminated as determined by the Crisis Team Leader or other involved mental health professional.

Case: 1:12-cv-07289 Document #: 1233-15 Filed: 024/1270/15 Page 4 of 11 PageID #:146267
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Page

10/01/2014DRAFT

4 of 11

Number

04.04.102

3.

Crisis Care Services

Upon the recommendation of a Crisis Team Member or a mental health professional, the Chief Administrative Officer may order that a youth be housed in a crisis care area. Youth who are assigned to a crisis care area shall be placed on observation status, close supervision status, or suicide watch status in accordance with this directive. In extreme emergencies, a youth may be placed in therapeutic restraints in accordance with Administrative Directive 04.04.103.

a.

Crisis Care Area.

(1) The Chief Administrative Officer shall designate an area or areas for housing a youth who is determined by a mental health professional or Crisis Team Member to require removal from the regular housing assignment for mental health treatment or observation. Removal from the general population must comply with the provisions in Administrative Directive 04.04.100.

(2) Crisis care rooms or housing areas shall be equipped to provide for:

(a) Single celling or housing

(b) Control of outside stimuli, especially contact with other youth.

(c) Adequate lighting or lighting controlled from outside of the room or housing area.

(d) Opportunities for observation by staff from as many points in the area as possible.

(e) Opportunities for staff to conveniently hear activities within the room or area.

(f)

Access to health services.

(g) Prompt access by staff into the area.

(3) Close supervision or suicide watch may be provided at a community health care facility pending evaluation or transfer to an appropriate Department facility.

(4) Clothing or other personal property removed from the youth's crisis care room or housing area shall be placed in a secure area.

b.

Observation Status

(1) If it is determined by a mental health professional or Crisis Team Leader that a youth is at increased risk to experience a mental or emotional crisis, the individual may be placed on observation status. No youth meeting

Case: 1:12-cv-07289 Document #: 1233-15 Filed: 024/1270/15 Page 5 of 11 PageID #:146278
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Page

10/01/2014DRAFT

5 of 11

Number

04.04.102

criteria for close supervision or suicide watch may be placed on this status.

(2) The Chief Administrative Officer shall establish the procedures for this status through a local written procedure. At minimum these procedures shall include:

(a) The procedure for placing a youth on observation status.

(b) Notification of the Crisis Team Leader and Duty Administrative Officer.

(c) Checks by staff at least every 10 minutes and method of documentation.

(d) Daily evaluation by designated staff.

(e) A provision that observation status shall not exceed 72 hours, unless extended by a mental health professional following a formal evaluation.

(f)

A provision that termination of this status shall be upon the written

or verbal order of a mental health professional.

c.

Close Supervision Placement

(1) A youth who is determined by a mental health professional to be acutely disturbed, potentially suicidal or who may pose a threat of serious physical harm to self or others in the near future may be placed on close supervision. When a mental health professional is not on site, this determination shall be made by the Crisis Team Member who shall promptly review the situation with the Crisis Team Leader.

(2) Monitoring of youth who are placed in close supervision shall be documented and shall include the following:

(a) Checks by staff at least every 10 minutes, which include verbal or visual contact with the youth. It is recommended that these checks include a notation on the youth's behavior or speech.

(b) Daily contacts made by a crisis Team Member or an individual from the mental health, medical or psychiatric staff. Additional contacts shall be made as frequently as determined necessary by a mental health professional or medical staff.

(c) A check of the youth's vital signs shall be taken by the health care staff within 24 hours of placement on Close Supervision.

NOTE: Contacts in (b) and (c) above shall include an assessment of a youth's response to treatment and current mental health status. This shall be documented in the medical record and may additionally be noted in the

Case: 1:12-cv-07289 Document #: 1233-15 Filed: 024/1270/15 Page 6 of 11 PageID #:146289
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Page

10/01/2014DRAFT

6 of 11

Number

04.04.102

crisis record.

(3) The youth shall remain in close supervision until transferred to a mental health treatment setting or until the crisis is resolved as determined by the Crisis Team Leader or any other involved mental health professional. If release from close supervision is authorized via the telephone, a follow-up evaluation by a mental health professional shall be conducted within 72 hours.

d.

Suicide Watch Placement

(1) A youth who is determined by a mental health professional to be acutely suicidal or who poses a threat of serious physical harm to self or others may be placed on suicide watch. Strip celling may be authorized. A physician may make this determination if a mental health professional is not available. Determinations shall be made after the psychiatrist, physician, or mental health professional has personally observed and examined the youth. Clinical reasons for such placement shall be documented.

(2) In the absence of a psychiatrist, physician, or other mental health professional, suicide watch may be temporarily initiated in an emergency upon the recommendation of the Crisis Team Member and with the approval of the Chief Administrative Officer or Duty Administrative Officer. Strip celling may be authorized. If approval is given verbally, the Crisis Team Member shall ensure that Medical Staff document this approval in the medical record and may additionally note it in the crisis record.

(a) A medical or mental health professional order for suicide watch placement or strip celling must be obtained within two hours. This order must clearly specify the clinical reason for the order.

(b) Verbal orders must be confirmed in writing in the medical record within 72 hours by the ordering physician or mental health professional or, if unavailable, by another mental health professional. Verbal orders reviewed by another mental health professional must be confirmed in writing by the ordering physician or mental health professional on the next scheduled working day.

(3) A youth's personal property, particularly the clothing, shall be returned as soon as practical, consistent with the mental health professional's assessment of the inmate's mental health status. Orders for return of property or clothing may be given verbally by a mental health professional in consultation with on-site health care staff or a Crisis Team Member.

(4) Monitoring of youth who are placed in suicide watch shall be documented in writing and shall include the following:

(a) Checks by staff at least every 5 minutes which shall include verbal

Case: 1:12-cv-07289 Document #: 1233-15 Filed: 024/1270/15 Page 7 of 11 PageID #:1462390
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Page

10/01/2014DRAFT

7 of 11

Number

04.04.102

or visual contact with the youth. It is recommended that these checks include a notation on the youth's behavior or speech.

(b) Daily assessments of a youth's mental health status conducted by a mental health professional. On weekends and holidays, the mental health professional may consult by telephone with on-site health care staff or a Crisis Team Member. Additional contacts shall be made as frequently as determined necessary by a mental health professional or medical staff.

(c) A check of the youth's vital signs shall be taken by health care staff within 24 hours of placement on Suicide Watch.

NOTE: Contacts in (b) and (c) above shall include an assessment of the youth's response to treatment and current mental health status. This shall be documented in the medical record and may additionally be noted in the crisis record.

(5) The youth shall remain on suicide watch until the youth is transferred to a mental health treatment setting, community health care facility, or until a mental health professional determines that the crisis has been resolved or that the youth can be placed in a less restrictive crisis care status.

(6) A youth shall be placed in close supervision status for at least 24 hours after the suicide watch status has been terminated unless the psychiatrist, physician, or other mental health professional documents that such observation is not clinically indicated.

e.

Emergency Mental Health Services Records

(1) Upon placement in observation, close supervision, or suicide watch, a treatment plan for emergency services to be rendered to the youth shall be developed. Upon termination of the emergency, the plan, including a notation of the termination and planned follow-up, shall be placed in the youth's medical and master files.

(2) An individualized record or records shall be kept to document security checks, medical checks, treatment visits and other care provided to youth while they are on observation, close supervision, or suicide watch status. These records shall be reviewed regularly by the facility medical director to ensure compliance with this Administrative Directive. A copy of these records shall be placed in the youth's medical file.

NOTE: Logs and forms used to document staff observation times will not have preprinted check times printed on them. Staff making observations on youth on crisis watches shall record the actual time observations are conducted.

4.

Admission to Psychiatric Hospitals

a.

If a youth who has been placed on crisis status has shown little or no improvement

Case: 1:12-cv-07289 Document #: 1233-15 Filed: 024/1270/15 Page 8 of 11 PageID #:146301
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Page

10/01/2014DRAFT

8 of 11

Number

04.04.102

within the timeframe reasonably expected based upon the individual youth’s diagnosis and prescribed treatment or psychotropic medications, but in no event longer than 72 hours after placement on crisis status, he or she shall be assessed for admission to a community psychiatric hospital.

b.

A youth diagnosed with an acute mental illness who has shown little or no

progress in response to mental health treatment, psychiatric treatment, and

psychopharmacological services shall be assessed for admission to a community

psychiatric hospital if:

(1) He or she is reasonably expected to inflict serious physical harm upon self or others in the near future;

(2) Due to his or her severe mental illness, he or she is unable to provide for his or her basic physical needs so as to guard himself or herself from serious harm; or

(3) He or she has been found unfit to stand trial and requires placement in a psychiatric hospital in order to attain fitness to stand trial.

NOTE: The analysis of the youth’s progress in response to treatment, for purposes of part F 4. (a.) above, shall be whether the youth has shown some level of improvement within the timeframe reasonably expected based upon the individual youth’s diagnosis and prescribed treatment or psychotropic medications, but in no event longer than 72 hours. If a youth with an acute mental illness has shown no response to treatment or prescribed medications after 72 hours, analysis of factors set forth in F (4)(a) (1)-(3) above shall occur.

bc. If a mental health professional finds believes that a youth meets the criteria for community psychiatric hospitalization in paragraph 4.a. or 4.b., he or she shall immediately inform the Treatment Unit Administrator (TUA) or his or her designee who will immediately contact the Chief Administrative Officer and the Chief of Mental Health, who will notify the Deputy Director of Programs and ensure a licensed psychiatrist is available for consult. .

cd. IfThe TUA, in consultation with after consulting with the TUA, the Chief of Mental Health and a licensed psychiatrist, shall assess youth identified under paragraph 4.c. and decide whether to determines hospitalizationseek hospitalization. is the best course of action,

e.

If the TUA determines that hospitalization should be sought:

(1) For those youth who are not eligible for Screening, Assessment, and Support Services (SASS), the TUA shall initiate hospitalization.

(2) For those youth who are eligible for Screening, Assessment, and Support Services (SASS):

(i)

tThe TUA or his or her designee shall: (1a)Notify the youth’s

parent or guardian (if the youth is under the age of 18), ask if the

Case: 1:12-cv-07289 Document #: 1233-15 Filed: 024/1270/15 Page 9 of 11 PageID #:146312
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Page

10/01/2014DRAFT

9 of 11

Number

04.04.102

youth is covered by private insurance, and tell the parent or guardian what hospital the youth will be transported to, if known; and (b) . (2) Contact Crisis and Referral Entry Services (CARES), request an evaluation from Screening, Assessment, and Support Services (SASS), getobtain the name of the assessor who will be coming to the youth center to make the assessment, and prepare a visitor pass for the assessor.

(ii) NOTE: A SASS assessor will in most cases meet the youth and the TUA at the youth center within 2 hours. In the event of a medical emergency, the TUA will inform CARES that the evaluation shall take place at the hospital. The youth will then be transported by ambulance to the hospital along with a Juvenile Justice Specialist and a mental health professional, in accordance with Administrative Directive 05.03.124.

d.

If the SASS assessor determines that hospitalization is not

required, the youth shall remain in crisis status.

(iii)e.

If the assessor recommends hospitalization the assessor will designate which hospital the youth should be transported to. The TUA or his or her designee shall notify the following of the assessors’ determination:

The Chief Administrative Officer;

The Records Office;

The Chief of Mental Health, who will notify the Deputy Director of Programs; and

The youth’s parent or guardian (if the youth is under the age of 18), and (iv) If the SASS assessor does not recommend hospitalization, the youth should still be hospitalized if, in consultation with the Chief of Mental Health and a licensed psychiatrist, the TUA believes hospitalization should still be sought.

e.

If a decision has been made to hospitalize the youth, the TUA or his or her

designee shall immediately notify the following individuals:

(1) The Chief Administrative Officer;

(2) The Records Office;

(3) The Chief of Mental Health, who will notify the Deputy Director of Programs; and

(4) The youth’s parent or guardian (if the youth is under the age of 18)

Case: 1:12-cv-07289 Document #: 1233-15 Filed: 024/1270/15 Page 10 of 11 PageID #:146323
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Page

10/01/2014DRAFT

10 of 11

Number

04.04.102

hf. If the assessor or TUA a decision is made decides to hospitalize the youth:

(1) TheThe youth shall be transported to the hospital in accordance with Administrative Directive 05.03.124. Additionally, a A mental health professional shall be transported with the youth, along with 3 days of clothing, a crisis log, documentation from Health Care and Records Office, and a black box, if needed.

i.(2) For youth who are age 18 and over, the hospital may determine that he or she will require transfer to a Department of Human Services (DHS) facility. If a youth is transferred to a DHS facility, the TUA shall inform the Chief of Mental Health.

j. (3)

Prior to return from the psychiatric hospital, the Treatment Unit Administrator shall ensure that the hospital has provided a discharge plan which should include discharge diagnosis, level of stability, and current medications. If a discharge plan has not been provided, staff shall document the efforts they made to obtain one and the reason it was not provided.

k.(4)

Upon return from the psychiatric hospital, the youth shall be assessed by a Mental Health Professional to determine if, based on the youth’s current mental status, continued crisis placement is needed.

(5)l. Within three days of a youth’s return from a psychiatric hospital, the Health Care Unit Administrator shall submit a request for medical and mental health records to the hospital. These records shall be placed in the youth’s medical file. If the records are received after the youth has been transferred to another youth center, the Health Care Unit Administrator shall forward the records to the Health Care Unit Administrator at the youths current assigned youth center.

g.

If the assessor and TUA final decision is to de not to hospitalize the youth, a

multidisciplinary treatment team which includes a licensed psychiatrist, shall meet

within 24 hours to create a specific treatment plan likely to end the mental health

crisis. Immediately after the plan is created, it shall be discussed with the youth

and then implemented. The TUA shall ensure notice to the Chief Administrative

Officer and the Chief of Mental Health, who shall ensure the Deputy Director of

Programs is notified.

h.

Anytime a decision regarding hospitalization is made, the TUA or designee who

evaluated the youth for hospitalization shall document the evaluation and decision

in writing. The documentation shall include the youth’s treatment in the prior three

days, the youth’s response to that treatment, and the reasons why hospitalization

was or was not needed.

i.

Once per quarter, the Department Medical Director, Child and Adolescent

Psychiatrist, Chief of Mental Health, Deputy Director of Programs, and Deputy

Director of Quality Assurance shall conduct a quality assurance review of all

assessments and decisions regarding psychiatric hospitalization made pursuant to

Case: 1:12-cv-07289 Document #: 1233-15 Filed: 024/1270/15 Page 11 of 11 PageID #:146334
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

Page

10/01/2014DRAFT

11 of 11

Number

04.04.102

the provisions of this Administrative Directive.

Authorized by:

Supersedes: 04.04.102A-J

Candice Jones Director
AD

10/01/2014

Case: 1:12-cv-07289 Document #: 1233-36 Filed: 024/1270/15 Page 1 of 3 PageID #:146435

Illinois
Department of
Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Number Page
Effective

05.01.126 1 of 33
3/1/2009DRAFT

Section

05

Operations

Subsection

01

Security

Subject

126

Security Restraints

I.

POLICY

A.

Authority

730 ILCS 5/3-2-2, 3-2.5-20, and 3-6-7

20 Ill. Adm. Code 5012501

B.

Policy Statement

The Department shall use security restraints to protecting property, persons, or to ensure the custody of youth. Security restraints shall not be applied for more time than is absolutely necessary or used for the purpose of punishment.

II.

PROCEDURE

A.

Purpose

The purpose of this directive is to establish a written procedure for the use and control of security restraints.

B.

Applicability

This directive is applicable to all youth centers within the Department.

C.

Internal Audits

An internal audit of this directive shall be conducted at least annually.

D.

Designees

Individuals specified in this directive may delegate stated responsibilities to another person or persons unless otherwise directed.

E.

Definition

Security restraints - devices, such as handcuffs, security belts, and leg shackles, approved by the Department for use to limit movement for security reasons.

F.

Requirements

The Chief Administrative Officer shall ensure that a written procedure for the use and control of security restraints is established. The written procedure shall provide for the following:

Case: 1:12-cv-07289 Document #: 1233-36 Filed: 024/1270/15 Page 2 of 3 PageID #:146436
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

DRAFT

Page

2 of 3

Number

05.01.126

1.

Use of Security Restraints

a.

Use of security restraints on youth classified as minimum supervision and low

escape risk shall be at the discretion of the Chief Administrative Officer.

b

a.

Except as otherwise provided herein, or in accordance with Administrative Directive

05.03.130 regarding pregnant youth, security restraints shall be used:

(1) To prevent a youth from escaping;

(2) To retake a youth who has escaped or run away;

(3) To prevent or suppress violence by a youth against another person or property; or

(4) When transporting a youth outside the youth center for the purposes of transfers, writs, etc., exceptin accordance with Administrative Directive 05.03.123.

b.

Restrains shall not be used when transporting youth assigned to work details

outside the youth center or when transporting a pregnant youth for purposes of

delivery.

c.

Youth on funeral furlough shall be restrained in accordance with Administrative

Directive 05.03.127.

d.

Except as otherwise provided in Administrative DirectiveDirectives 05.03.123 and

05.03.130 regarding youth assigned to a Security Level Five and pregnant youth,

security restraints may be used:

(1) When moving a youth within a youth center who is in disciplinary confinementon Cconfinement Sstatus, Iinvestigatory Sstatus, or who is in confinement pending investigationan Aadministrative Hhold and awaiting transfer to the Department of Corrections or a more secure setting within the youth center, if based on the youth’s own behavior, there is a present and genuine risk that the youth will attempt to escape or injure another person; or

(2) Whenever the Chief Administrative Officer deems it is necessary in order to ensure security within the youth center or within the community.

e.

Every use of security restraints shall be documented. Such documentation shall

identify the youth the restraints were applied to; include the date, location and the

time the restraints were applied and removed; and the reason for applying the

restrains. Shift supervisors shall review all such documentation during the shift in

which the restraints were used. The Deputy Director of Quality Improvement shall

regularly conduct statistical analysis of patterns in the aggregate of such

documentation to identify any uses inconsistent with Department policy and any

Case: 1:12-cv-07289 Document #: 1233-36 Filed: 024/1270/15 Page 3 of 3 PageID #:146437
Illinois Department of Juvenile Justice

ADMINISTRATIVE DIRECTIVE

Effective

DRAFT

Page

3 of 3

Number

05.01.126

opportunities to improve Department policy.

2.

Inventory and Control

a.

A written master inventory of all security restraints, dated and signed by the Chief

Administrative Officer, shall be maintained.

b.

Security restraints that have not been issued to staff shall be stored and

maintained in a secure area or areas that are not accessible to youth.

c.

A log documenting issuance and return of security restraints shall be maintained in

the secure area or areas. The log shall include:

(1) Date and time issued;

(2) Receiving employee's name;

(3) Issuing employee's name;

(4) Date and time returned; and

(5) Name of employee receiving the returned restraints.

d.

A written report shall be filed on lost, broken, or malfunctioning security restraints.

The report shall be reviewed by the Chief of Security and maintained on file with

the security restraints inventory records for a minimum of one year.

Authorized by:

Supersedes: 05.01.126

Candice Jones Director
AD

3/1/2009

CCaassee::11:1:122--ccvv--0077228899DDooccuummeenntt##::110323--170FFilieledd::0140/2/200/1/154PPaaggee11ooff44PPaaggeeIDID##:1:1613083

TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE SUBCHAPTER d: OPERATIONS
PART 2501 SECURITY

Section 2501.105 2501.110 2501.120 2501.130

SUBPART B: GENERAL SECURITY
Responsibilities Movement of Committed Youth Response to Serious Institutional Disturbances Substance Abuse

AUTHORITY: Implementing Sections 7-1, 7-3, 7-9 and 31A-1.1 of the Criminal Code of 2012 [720 ILCS 5/7-1, 7-3, 7-9 and 31A-1.1] and Article 103 of the Code of Criminal Procedures of 1963 [725 ILCS 5/Art. 103] and Sections 3-2.5-20, 3-4-3, 3-6-2, 3-6-4, 3-7-2, 3-7-4, 3-10-1, 310-8 and 3-10-9 of the Unified Code of Corrections [730 ILCS 5/3-2.5-20, 3-4-3, 3-6-2, 3-6-4, 3-7-2, 3-7-4, 3-10-1, 3-10-8 and 3-10-9] and authorized by Sections 3-2.5-20, 3-7-1, 3-7-4 and 310-8(b) of the Unified Code of Corrections [730 ILCS 5/3-2.5-20, 3-7-1, 3-7-4 and 3-10-8(b)]. Sections 2501.70 and 2501.220 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; the policies embodied in this Part transferred to the Department of Juvenile Justice pursuant to Section 3-2.5-50 of the Unified Code of Corrections on June 1, 2006 and codified at 38 Ill. Reg. ____.

CCaassee::11:1:122--ccvv--0077228899DDooccuummeenntt##::110323--170FFilieledd::0140/2/200/1/154PPaaggee22ooff44PPaaggeeIDID##:1:1613094
SUBPART B: GENERAL SECURITY
Section 2501.105 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.
Section 2501.110 Movement of Committed Youth
a) Handcuffs, security belts and/or leg irons may be used to restrain aany committed youth when:
1) Moving a youth who is on Confinement Status, Investigatory Status, or an Administrative Hold and awaiting transfer to the Department of Corrections or a more secure setting pursuant to Section 2504 within the facility,
1) A person confined pending investigation or in disciplinary segregation is moved within the facility,
2) TheA committed youth is transported outside the facility, or
3) Determined by the Chief Administrative Officer to be necessary to security.
b) Committed youth 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 youth 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 youth shall be accompanied by at least one Department 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 IX. This subsection does not apply to the Aftercare Services Division except when transporting aftercare release violators.
Section 2501.120 Response to Serious Institutional Disturbances
a) The Chief Administrative Officer may confine committed youth temporarily in all

CCaassee::11:1:122--ccvv--0077228899DDooccuummeenntt##::110323--170FFilieledd::0140/2/200/1/154PPaaggee33ooff44PPaaggeeIDID##:1:1614005
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 youth.
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.
Section 2501.130 Substance Abuse
a) Committed youth 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 youth.
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 [720 ILCS 550/3] and the Illinois Controlled Substances Act [720 ILCS 570/102] 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 nor committed youth 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 youth 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

CCaassee::11:1:122--ccvv--0077228899DDooccuummeenntt##::110323--170FFilieledd::0140/2/200/1/154PPaaggee44ooff44PPaaggeeIDID##:1:1614016
independently corroborated; or
4) A committed youth's possession of unauthorized drugs, drug paraphernalia, or alcohol or discovery of same in an area controlled or occupied by the committed youth.
e) Committed youth shall be subject to discipline in accordance with 20 Ill. Adm. Code 2504 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.

 
 Case: 1:12-cv-07289 Document #: 134 Filed: 04/21/15 Page 1 of 1 PageID #:1642
UNITED STATES DISTRICT COURT FOR THE Northern District of Illinois − CM/ECF LIVE, Ver 6,1
Eastern Division

R. J., et al. v. Candice Jones

Plaintiff, Defendant.

Case No.: 1:12−cv−07289 Honorable Matthew F. Kennelly

NOTIFICATION OF DOCKET ENTRY

This docket entry was made by the Clerk on Tuesday, April 21, 2015:
MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 4/21/2015. The Court approves the policies set forth in submission [133]. Draft order to be submitted to Judge Kennelly's proposed order email address. Status hearing set for 7/20/2015 at 9:30 a.m. Mailed notice.(pjg, )

ATTENTION: This notice is being sent pursuant to Rule 77(d) of the Federal Rules of Civil Procedure or Rule 49(c) of the Federal Rules of Criminal Procedure. It was generated by CM/ECF, the automated docketing system used to maintain the civil and criminal dockets of this District. If a minute order or other document is enclosed, please refer to it for additional information.
For scheduled events, motion practices, recent opinions and other information, visit our web site at www.ilnd.uscourts.gov.

 
 Case: 1:12-cv-07289 Document #: 135 Filed: 04/24/15 Page 1 of 1 PageID #:1643

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

R.J., et al. vs.

Plaintiffs,

CANDICE JONES, Defendant.

)

)

)

)

Case No.: 12-cv-07289

)

)

Hon. Matthew F. Kennelly

)

)

)

)

ORDER APPROVING CERTAIN POLICIES

This matter coming before the Court on Defendant’s April 20, 2015 Submission

of Policies Pursuant to Paragraph I(3) of the Remedial Plan, see Dkt. No. 133, it is

HEREBY ORDERED:

1. The Court approves the policies attached to Dkt. No. 133 as Exhibits A, B,

C, D, E (Part II(F)(4)), F, and G.

IT IS SO ORDERED.

By: __________________________________ United States District Court Judge
Date: April 24, 2014

1

 
 Case: 1:12-cv-07289 Document #: 51 Filed: 09/23/13 Page 1 of 3 PageID #:723

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

R.J., B.W., D.F., D.G., and M.D., on behalf of themselves and all others similarly situated, by their next friend Jeffrey Shaman,
Plaintiffs,
v.
ARTHUR D. BISHOP, in his official capacity as Director of the Illinois Department of Juvenile Justice,
Defendant.

) ) ) ) ) Case No. 12-cv-7289 ) ) Hon. Matthew F. Kennelly ) ) ) ) ) ) )

JOINT SUBMISSION OF EXPERT REPORTS

Plaintiffs and defendant, by their respective counsel, as required by paragraph 11

of the consent decree in this case (Dkt. No. 33) and this Court’s scheduling order of

September 10 (Dkt. No. 50), respectfully submit the following three attached expert

reports:

1. Report of Louis Kraus, M.D., on psychiatric and mental health issues;

2. Report of Barry Krisberg, Ph.D., on safety and welfare issues; and

3. Report of Peter Leone, Ph.D., on education service and support issues.

Case: 1:12-cv-07289 Document #: 51 Filed: 09/23/13 Page 2 of 3 PageID #:724

DATED: September 23, 2013
Respectfully submitted,
For the plaintiffs:
By: /s/ Adam Schwartz
Adam Schwartz Harvey Grossman Benjamin S. Wolf Ruth Z. Brown Roger Baldwin Foundation of ACLU, Inc. 180 North Michigan Avenue, Suite 2300 Chicago, IL 60601 (312) 201-9740
Maja C. Eaton Kevin M. Fee, Jr. Joseph R. Dosch Sidley Austin LLP One South Dearborn Street Chicago, IL 60603 (312) 853-7000

For the defendant:
By: /s/ Michael T. Dierkes
Michael T. Dierkes Marni M. Malowitz Office of the Illinois Attorney General General Law Bureau 100 West Randolph Street, 13th Floor Chicago, IL 60601 (312) 814-3672

2

Case: 1:12-cv-07289 Document #: 51 Filed: 09/23/13 Page 3 of 3 PageID #:725 CERTIFICATE OF SERVICE
I hereby certify that on September 23, 2013, I caused true and correct copies of the foregoing JOINT SUBMISSION OF EXPERT REPORTS to be served upon all counsel of record via the Court’s ECF filing system.
/s/ Adam Schwartz Adam Schwartz
3

Case: 1:12-cv-07289 Document #: 51-1 Filed: 09/23/13 Page 1 of 16 PageID #:726
Attachment 1

Case: 1:12-cv-07289 Document #: 51-1 Filed: 09/23/13 Page 2 of 16 PageID #:727
Louis J. Kraus, MD
910 Skokie Boulevard Suite 230
Northbrook, IL 60062 Telephone: 847-559-0560 Facsimile: 847-559-0612
Psychiatric and Mental Health Report for Consent Decree Date of Report: September 23, 2013
R.J., B.W., D.F., D.G., and M.D. on Behalf of Themselves and All Others Similarly Situated by Their Next Friend Jeffrey Shaman, Plaintiffs, v. Arthur D. Bishop, in His Official Capacity as Director of the Illinois Department of Juvenile Justice, Defendant.
Introduction In September 2012, plaintiffs filed their class action complaint, challenging conditions, services, and treatment provided to youths confined by the Illinois Department of Juvenile Justice (IDJJ). In December 2012, the court entered and approved a consent decree. At that time, I was appointed as a court expert, and instructed to investigate and file a report regarding psychiatric and mental health issues at the IDJJ. After the report, the consent decree requires the preparation of a remedial plan that ensures: the provision of adequate mental health services to all IDJJ youth, including but not limited to: screening and assessment upon reception; identification of youth whose mental health needs change; appropriate treatment planning; provision to each youth of the particular mental health services set forth in their individualized mental health treatment plan; appropriate, prompt, and confidential access to mental health professionals; appropriate suicide prevention; appropriate prescription and monitoring of psychotropic medications; appropriate and prompt hospitalization of youth when required; appropriate substance abuse diagnosis and treatment; appropriate juvenile sex offender treatment; and appropriate aftercare and discharge planning.
1

Case: 1:12-cv-07289 Document #: 51-1 Filed: 09/23/13 Page 3 of 16 PageID #:728
I investigated all of the foregoing mental health issues throughout the entire IDJJ. In April through August 2013, I conducted site visits at all six of the Illinois Youth Centers (IYCs) operated by the IDJJ, spending two to four days at each facility. I visually inspected all pertinent areas of each facility. I conducted confidential interviews with scores of IDJJ youth, comprising a cross-section of the various types of youths, and reviewed scores of individual youth mental health files. At each facility, I also interviewed top facility mental health and other administrators, and myriad mental health and other staff. Further, I interviewed top IDJJ leadership regarding mental health and other issues. Finally, I reviewed thousands of pages IDJJ policies, training documents, and other significant records.
Findings and recommendations Overview
It is difficult to fully assess the workings of mental health treatment at the IDJJ, because: 1) they do not have a full complement of services, and 2) even with the groups they have right now, a number of the facilities cannot function because of the paucity of security, and essentially are not getting youth to groups or are getting them there significantly late so they cannot run the program. No matter how many groups are described as evidence-based, and no matter how much support is being described for these groups, they are not actually functioning, consistently. The reality is that many of these youth are not getting the mental health support they need. It is very difficult to fully assess what is happening because of the paucity of groups, the vague variety of groups, and the lack of some youth being able to make groups and getting a sense of mental health stability. In my opinion, unless there is stronger support from the state to get the staff which is needed, these youth’s basic mental health needs are not going to be met.
Although I have numerous areas of concern, I want to emphasize that the IDJJ and the youth which are in the facility are complicated. There has been tremendous growth and focus in trying to improve the programming by numerous administrative staff, including Jennifer Jaworski, PsyD, among others. I was quite impressed by the attempts by superintendents to balance some of the complexities of security and mental health, as well as some of the significant problems they have
2

Case: 1:12-cv-07289 Document #: 51-1 Filed: 09/23/13 Page 4 of 16 PageID #:729
had with the education system. However, there is still a significant amount of work to accomplish. In my opinion, there needs to be more support from the state to help these youth. The majority of these youth can be helped. However, if comprehensive programming is not put into place, they are going to be at much higher risk for recidivistic behavior.
Below, I separately address:  Staffing issues, including the insufficient number of mental health
professionals, the absence of a child and adolescent psychiatrist anywhere in the IDJJ, the failure of many mental health staff to hold necessary licenses, inadequate salaries for mental health professionals, and an insufficient number of security staff to bring youth to their mental health treatment.  Mental health screening and assessment, including inadequate identification of youth with significant mental health needs, excessive idle time during the weeks youth spend in the reception and classification units, the need for improved psychiatric review, and the failure in the classification units to separate youth of significantly different ages.  Solitary confinement, including the need to prohibit confinement for punitive purposes, and the improper use at some facilities of specialized treatment units that confine youth for 22 hours per day.  The need to hospitalize certain youths outside the IDJJ.  Psychotropic medication issues, including inadequate consent for medication, improper use of stimulant medications for youths with polysubstance use, and insufficient monitoring of medication consequences.  Discharge issues, including inadequate discharge planning, improper continued IDJJ confinement of youth solely for lack of a community placement, improper months-long delay in release from IDJJ solely so youth can complete a unit of drug treatment, and insufficient use of Medicaid resources upon discharge.  Other issues, including insufficient training regarding LGBT youths, the absence of specialized treatment in the specialized treatment units, the need
3

Case: 1:12-cv-07289 Document #: 51-1 Filed: 09/23/13 Page 5 of 16 PageID #:730
for the IDJJ to obtain outside accreditation, inadequate mental health training for security staff, the failure to obtain hospital records, deficient family therapy, and inadequate treatment for juvenile sex offenders. Staffing issues The number of mental health professionals Essentially every facility in IDJJ is deficient in regards to mental health professionals. It is unclear how well the programs might run if they had a full complement of mental health professionals. There are no interdisciplinary meetings involving psychiatry at IYC St. Charles and none at IYC Kewanee. Leadership and supervision Many of the youth within IDJJ have very complicated mental health and behavioral histories. I have a significant background in this area and continue to work with youth with significant behavioral and mental health issues within the community. I enjoyed my meetings with four of the psychiatrists within IDJJ. But there are no child and adolescent psychiatrists in IDJJ. You must have at least one Board Certified Child and Adolescent Psychiatrist. One solution would be hiring a full time child and adolescent psychiatrist to be at IYC Kewanee. Their position could be two-fold: taking care of the complex youth at that facility; and overseeing any significant mental health concerns in any of the other facilities. The person in this position would assess potential issues at other facilities by visiting those facilities, by having the youth brought to them, or through tele-psychiatry and review of the records. In addition, they could be involved with didactics with the mental health staff in conjunction with others. IYC Kewanee needs additional psychiatric hours for the complex youth they have. Mental health licensing No mental health program within an IDJJ facility should be supervised and run by a non-licensed mental health professional. They need to have not just the type of background that might fit into an IDJJ job description. Rather, they need to have mental health treatment experience, and they need to be licensed in regards to their profession, which must be a mental health profession. The director of an IDJJ
4

Case: 1:12-cv-07289 Document #: 51-1 Filed: 09/23/13 Page 6 of 16 PageID #:731
mental health facility or administrator should not only be responsible for organizing the mental health interventions, but when there is an acute youth or one whose diagnosis is unclear, they should have that fund of knowledge where they can assess the youth and assist in determining an appropriate intervention plan. IYC Harrisburg does not have this.
The issue of what is a competent mental health professional needs to be further discussed. There are all kinds of programs that have been put together, some of which look very good on paper. However, they are difficult to implement, in my opinion, without having well experienced, trained, and licensed mental health professionals. There is a reason that there are Master’s programs, PhD program, and PsyD programs – for developing competencies so one can practice their mental health profession. In association with those base competencies there are state licensing requirements, which typically, among other things, require passing a test. Although I am sure there are reasonably good mental health professionals that are unlicensed, there is a reason there is a licensing boards and minimal licensing requirements. This offers a qualifying tool to assess competencies that an individual may have that cares for youth.
For example, in the IDJJ’s definition of a psychology 2 position, it requires a Master’s level professional who has a Master’s degree in psychology who does not have to be licensed. When this position is hired, for example in the Wells program, they have two years to get their license. A typical salary in this position might be around $35,000 a year. There was not a single psychology 2 professional who I talked to who thought this was a reasonable salary. Some of the psychology 2 professionals stated to me that they had no intention whatsoever of getting a license, but rather were going to stay in the program for two years, or as long as they could, and then leave. Others talked about using the program to get their license and once getting their license, finding a more reasonably paid position.
This lack of stability is not going to offer these youth the qualified mental health professionals they need. This is part of the reason why severe or even chronic mental health issues will be missed. This will be part of the reason why these mental health professionals will not know how to follow up regarding the
5

Case: 1:12-cv-07289 Document #: 51-1 Filed: 09/23/13 Page 7 of 16 PageID #:732
mental health issues with the youth, or how to report to the psychiatrist or others regarding the mental health condition of the youth. When speaking to the mental health professionals at IDJJ, the majority of what has been discussed has to do with anger control, stabilization, understanding what brought them to the facility, and release issues. When specific subtleties of mental health issues and potential impairment on behavior or emotions are discussed, there is a general lack of knowledge in many of these mental health professionals.
My recommendation is to have a comprehensive review of the definition of what a mental health professional is, as defined by the state. The IDJJ should call mental health professionals what they are, and not make up names that distort what the professional is.
Mental health salaries Part of the difficulty in my opinion is not just the isolated nature of some of the facilities, but rather the salaries that are being paid. In general, if one salary’s are too low, it is going to be far less likely that they are going to find qualified mental health professionals. This is not what these complicated youth need. I say this with the caveat that I do not want to minimize some fine mental health professionals who are involved with the programming. However, as it is not unusual, the best of the mental health professionals are in more administrative positions, whether within the facility or state. In my opinion, based on some of the salaries which I reviewed, this is one of the limiting factors in being able to hire competent mental health professionals. One needs to look at what the current salaries are within the community and offer salaries at least comparable to this so they can hope to be competitive in hiring competent mental health professionals and have a full complement of staff. No matter what the programming is, it will not meet its goals until a full complement of staff is in place. Security staffing At IYC Kewanee, the chief of security reported they are having tremendous difficulty regarding transporting youth, and for that matter even allowing youth out of their rooms for free time, because of the lack of security staff. He informed me
6

Case: 1:12-cv-07289 Document #: 51-1 Filed: 09/23/13 Page 8 of 16 PageID #:733
that the full security staff on the day shift should be 32, on the second shift should be about 20, and on the third shift about 12. At the present time, they are down 20 security staff, approximately 30 percent of what they need to adequately offer security.
This is not just a safety issue. As with IYC St. Charles, when one is down this level of security, there are other basic rights that youth have which simply cannot occur. Youth will not have a right to treatment because security staff are not going to be able to get them consistently to groups and other interventions. Youth are not going to be able to get their basic educational needs met because staff would not be able to get them to school. Also, staff cannot give youth time outside, or recreation time. Youth are spending excessive amounts of time in their cells, which leads to greater levels of frustration, higher levels of fighting, lower tolerance levels for working with staff, and not surprising greater conflicts with security and staff. Mental health screening and assessment
Identifying youth with mental health needs I had a difficult time in looking at exactly how IDJJ staff identify youth for mental health levels 1 (the fewest needs) through 4 (the highest needs). It seemed that youth are identified more in regards to the staffing the IDJJ had, and how frequently the youth could be seen, than what the youth’s mental health needs actually were. The best example was a youth that I interviewed at IYC Harrisburg who was overtly psychotic. I was told he would be in his fecal smelling room about 22 out of 24 hours a day, was not on any psychotropic medication, and no one had a clear sense of what his diagnosis was. He was a mental health Level 2. Any youth where there is concern over a possible mental health issue or is on a psychotropic mediation should be evaluated by a psychiatrist. Screening and assessment tools On the positive side, IDJJ is following up with different organizations regarding some of their valid rating scales, such as the MAYSI-2. Tom Grisso, PhD, who created the MAYSI, is coming back in to work with the IDJJ. Their use of the MAYSI-2 in my opinion has been helpful in regards to assessing youth in a variety of contexts. Other assessment tools such as the GAIN and CANS have also been helpful
7

Case: 1:12-cv-07289 Document #: 51-1 Filed: 09/23/13 Page 9 of 16 PageID #:734
in assessing the youth. Comprehensive clinical assessments in association with these scales need to then be implemented.
In my opinion, the IDJJ also has done a reasonable job in assessing suicide risk and doing initial screenings in a time efficient way.
Idle time in the reception and classification units There are difficulties in the amount of time that youth have to stay in the reception and classification units, and with that the paucity of staff in these units. These difficulties require youth to remain in their rooms/cells, sometimes for weeks at a time if not longer, with only minimal breaks, and without significant activities, until they are placed into a dorm. In my opinion, this would be an ideal setting for groups. This would allow staff to begin to get a better understanding of youth, not just from how the youth describe their history in different forms, but by what staff directly observe. Thus, if some youth are not being completely forthright in their forms regarding issues at hand, they can be observed by staff in groups prior to their placement. In short, the weeks that youth spend on the reception and classification units can be used in a more functional and useful way. Staff at the largest of these units, at IYC St. Charles, have expressed significant concern regarding this issue. This needs to be addressed. In my opinion, it is a good idea to keep youth on Intake for a reasonable period of time, whether two or three weeks. However, this should only be done if there is reasonable programming that can be put into place, including recreational time, and a variety of additional diagnostic and treatment groups in assessing the youth. In association with evidence-based assessment tools which are being used consistently, this will allow staff to better understand the youth and their underlying mental health issues. In turn, this will help staff to make the appropriate recommendations for Cottages, and treatment, prior to release from the reception and classification unit. Classification by age within the classification units I have strong concern over having young youth, age 13 and 14, in the same environment as 20 or 21-year-old youth. This is essentially like putting a sixth or
8

Case: 1:12-cv-07289 Document #: 51-1 Filed: 09/23/13 Page 10 of 16 PageID #:735
seventh grader with a junior or senior in college. It is simply a potentially dangerous thing to do. Solitary confinement
The United Nations (UN) has established minimum standards for juveniles in correction facilities. The UN resolution was approved by the General Assembly in 1990 and supported by the United States. They specifically prohibit the solitary confinement of juvenile offenders. Specifically, Section 67 states: “All disciplinary measure constituting cruel, inhuman, or degrading treatment shall be strictly prohibited, including corporal punishment, placement in a dark cell, closed or solitary confinement or any other punishment that may compromise the physical or mental health of the juveniles concerned.”
The American Academy of Child and Adolescent Psychiatry concurs with the UN position and opposes the use of solitary confinement in correctional facilities for juveniles.
Confinement at the IDJJ for punitive purposes must stop. Measures to avoid confinement should be implemented, including appropriate behavioral plans, consistent de-escalation techniques, alternatives to confinement, and other interventional plans. In my opinion, IDJJ has done a reasonable job in differentiating solitary confinement from “time outs.” Essentially time outs within the facilities can be initiated either by youth or by staff, and is described as being less than a 1-hour period of time. If this is not a statewide definition, it is a reasonable one that should be implemented. In addition, if any youth is confined for more than 24 hours on the grounds that they are in crisis and they are an immediate threat to themselves or others, they must be evaluated by a mental health professional, such as a child and adolescent psychiatrist when one is available. The facilities in IDJJ have done a good job in having youth that are on confinement for more than 24 hours evaluated by a mental health professional. However, the evaluations that I reviewed have been quite cursory. A structured format for the evaluation, and expectations of the evaluations, has not occurred. Assessment as to whether or not the youth is at an acute risk to
9

Case: 1:12-cv-07289 Document #: 51-1 Filed: 09/23/13 Page 11 of 16 PageID #:736
self or others seems to be made. Typically it is determined that a youth is not an acute risk to self or others, yet they remain on confinement. The concern here is that confinement is being used by the IDJJ a punitive measure, and not one of protection of either the youth or others.
The only facility at the beginning of the summer of 2013 that has essentially eliminated confinement is IYC Pere Marquette. They developed a 5-day program where youth are not removed from the general population, and they continue with programing, but they still must work with different staff and ultimately with senior security before they can go back to their base status.
IYC Kewanee and IYC Harrisburg have specialized treatment units for behaviorally problematic youth. These youth can end up being in their rooms for as much as 22 out of 24 hours a day. They are being segregated from the general population and this is confinement, regardless of what staff attempt to call it.
At IYC Kewanee, the confinement rooms were noticeably dirty. There was chipped paint, food and other debris on the floor. I spoke with security about this. They stated that essentially they don’t have enough staff to clean the rooms. Security would not give the youth a broom to clean the rooms. Hospitalization
There needs to be better IDJJ assessment of youth that are acute and potentially in need of hospitalization. For example, one particular youth I recently met at IYC Kewanee was acutely psychotic, and in my opinion needed immediate hospitalization. The longer a person stays in a psychotic state, the higher the likelihood of long term and irreversible cognitive deficits, among other risks and difficulties, including violent behavior both to the youth and others. Hospitalization can be avoided if appropriate treatment is put into place and supported at the IDJJ. If not possible, it is necessary to hospitalize such youth. Hospitalizations are extremely rare. It is my opinion that use of hospitalization for those youth who are in need of such treatment should be put into place.
10

Case: 1:12-cv-07289 Document #: 51-1 Filed: 09/23/13 Page 12 of 16 PageID #:737
Psychotropic medication issues Consent for medications Appropriate consents are not being obtained for psychotropic medications.
The consents do not clearly spell out major side effects, or even specific goals. On occasion they will define the diagnosis, but not always. As such, there is no sense that there are options, and certainly not a clear sense of what the potential side effects and goals are, so the guardian or parent can make informed consent. This is something that is consistent in all of the IDJJ facilities and must be corrected.
Stimulant medications for youth with polysubstance use Stimulant medications are being given to youth who have a history of polysubstance use. Although there is research to support that appropriate treatment of ADHD symptoms can decrease polysubstance and alcohol use in youth, it is generally not an accepted practice to use stimulants in youth with a history of polysubstance abuse. There are three different nonstimulant medications that are FDA approved for different types of ADHD symptomatology which should strongly be considered. Monitoring medications I was not impressed with the IDJJ follow up in regards to how treatment is impacting the youth. Most information given to the psychiatrist in follow up is from the youth. Occasionally there is an acute acting out behavior that is shared, but other symptomatology, which might be more subtle, is clearly not. The use of rating scales, such as the Connors or Vanderbilt scales for ADHD symptoms, should be completed by teachers and potentially other mental health staff and security staff in regards to how the youth is doing. This will give the psychiatrist a much better picture of how the youth is doing. I would also use rating scales to further assess anxiety and mood symptomatology, in particular major depressive symptomatology. In addition, the use of involuntary movement scales needs to be used with all youth in a consistent fashion. This appeared to be used in some facilities, but not all. There are many youth on neuroleptic medications which among other things can cause Parkinsonian (extrapyramidal) side effects, and on rare occasions more significant movement disorders such as tardive dyskinesia,
11

Case: 1:12-cv-07289 Document #: 51-1 Filed: 09/23/13 Page 13 of 16 PageID #:738
which potentially is irreversible. I did not find, in the clinical follow up, assessment of these issues. Discharge issues
Discharge planning A clinician’s involvement should include treatment, reassessing a youth’s underlying mental health, the need for modification of treatment plans, and reintegration into the community. Yet, when talking to IDJJ clinicians, they expressed a vagueness in regards to community reintegration and a lack of full understanding of what is done. At some point in the near future, a new program for reintegrating youth which is being implemented in Cook County and hopefully statewide, will help with this process. Based on conversations with clinicians in IDJJ facilities, there seems to be a paucity of understanding of how this plan will be implemented and ultimately beneficial to the youth. Continued confinement for lack of a community placement There continues to be a multitude of youth that are forced to stay at the IDJJ past their Administrative Review Date (ARD). Based on the information which I have reviewed, this is often caused by a lack of community based placements. There continues to be work in regards to this area. This is something that cannot be tolerated. There needs to be designs for community based programming to avoid youth staying longer than their ARD. This type of continued IDJJ confinement, against their will and after they have been rehabilitated, is simply a violation of their human rights. Delayed discharge to complete drug treatment In my opinion, a youth should not be given additional time within the IDJJ solely to have a certain type of treatment program, such as a substance abuse program. This is particularly true if the youth is refusing the program. Within the community, when a youth is refusing substance abuse treatment, it is not continued. It may not be best for the youth that they don’t continue it, but it is not continued because essentially it will fail. To force a youth to enter into a substance abuse program that they are opposed to, and to force on them additional set time in IDJJ for this purpose, violates their rights to refuse treatment.
12

Case: 1:12-cv-07289 Document #: 51-1 Filed: 09/23/13 Page 14 of 16 PageID #:739
Medicaid upon discharge When youth entitled to Medicaid benefits are placed in IDJJ, they are dropped from their Medicaid. All services are provided through IDJJ. On the other hand, when such children and adolescents are placed in residential facilities in the state of Illinois, their Medicaid is not dropped. In fact, the funding through Medicaid can often be used to assist in funding a variety of medical and mental health services. When the youth leave residential programs, their Medicaid is in place and they are able to set up aftercare appointments. But youth in IDJJ have their Medicaid stopped. I couldn’t be given any examples of IDJJ youth having their Medicaid in place when they were discharged. Some of the rationale included difficulties connecting with families and other logistical concerns. In addition, nobody was able to discuss the questionable aftercare that youth have had in regards to medical health and interventions following release from IDJJ, and whether or not the lack of Medicaid coverage, even if brief, could have impacted this. Other issues LGBT youth A mental health and developmental area which consistently occurs within IDJJ is a paucity of understanding of LGBT youth by staff, whether mental health, security or others. There needs to be better training in regards to issues dealing with Gender Identity Disorders. In association with this, a clear plan needs to be put into place which addresses treatment of such youth. I observed some of the difficulties with these youth within the facilities. Yet, their treatment plans are somewhat fragmented and piecemeal, and not clearly understood. A treatment plan can easily be put into place in the timeframe that the youth is in the reception and classification unit. Specialized treatment units At present there is a special treatment unit at IYC Kewanee and IYC St. Charles. The units at the time of my assessment had no special treatment associated with them. The groups were no different than any groups being offered within the facility.
13

Case: 1:12-cv-07289 Document #: 51-1 Filed: 09/23/13 Page 15 of 16 PageID #:740
IDJJ accreditation IDJJ has been quite proud about using Performance-Based Standards in trying to improve a variety of interventions for youth and the operations of the facility. However, there continues to be significant deficits. In my opinion, there should be an outside organization such as the National Commission of Correctional Health Care (NCCHC) or the American Correctional Agency (ACA) that accredits the IDJJ facilities and follows up with them. Mental health training for security staff There are youth at IDJJ facilities with significant mental health issues. Security has to have a better understanding of the mental health concerns and how to best address these youth. These are longstanding issues and complex ones, but ones that need to be addressed. When one has a youth that is depressed or with ADHD, and inappropriate comments are made to them, they will have a proclivity for impulsive acting out of self-defeating behaviors which can, among other things, result in violent actions. Additional training for security regarding mental health needs must be put into place. Hospital records There was a need to better attempt to get hospital records for youth who are placed in the juvenile system. This will greatly assist assessment and knowledge of prior medications, psychosocial concerns, and prior mental health diagnoses. Family therapy Mental health staff reported there is a paucity of family therapy. They reported that families rarely come to the facility and that they have no teletherapy capabilities. Juvenile sex offenders There did not seem to be any specific differences in regards to sex offender treatment approaches with the youth within the program, even though there was tremendous variability of psychiatric disorders. Different staff worked in the juvenile sex offender program felt that not only are they using outdated materials, but that they have not been able to get new
14

Case: 1:12-cv-07289 Document #: 51-1 Filed: 09/23/13 Page 16 of 16 PageID #:741
material in regards to treatment. They felt the major difficulty with being able to do this is the lack of funding. Bibliography 1. www.aacap.org/AACAP Policy_Statements/2012/Solitary_Confinement_of_
Juvenile _Offenders.aspx 2. American Academy of Child and Adolescent Psychiatry, Practice Parameter
for the Assessment and Treatment of Youth in Juvenile Detention and Correctional Facilities, 44:10, October 2005. 3. Journal of the American Academy of Child and Adolescent Psychiatry; Practice Parameter for the Use of Atypical Antipsychotic Medications in Children and Adolescents. 4. Kessler, CL, Kraus, LJ (2007) Cambridge University Press: The Mental Health Needs of Young Offenders. 5. Duncan, MK, A Resource Book of Medication Information Handouts, Third Edition, 2007.
15

Case: 1:12-cv-07289 Document #: 51-2 Filed: 09/23/13 Page 1 of 34 PageID #:742
Attachment 2

Case: 1:12-cv-07289 Document #: 51-2 Filed: 09/23/13 Page 2 of 34 PageID #:743
EXPERT REPORT ON SAFETY AND WELFARE ISSUES
R.J., B.W., D.F., and M.D., on behalf of all similarly situated persons, by their next friend Jeffrey Shaman vs. Arthur D. Bishop in his official capacity as Director of the Illinois Department of Juvenile Justice (Case No. 1:12-cv-7289)
Barry Krisberg, PhD. Distinguished Senior Fellow and Lecturer in Residence, UC Berkeley School of Law
September 23, 2013
Purpose of This Report In January, 2013, I was appointed as a Court Expert in R.J., B.W., D.F., and M.D., on behalf of all similarly situated persons, by their next friend Jeffrey Shaman vs. Arthur D. Bishop in his official capacity as Director of the Illinois Department of Juvenile Justice (Case No. 1:12-cv-7289) (hereafter referred to as R.J. v. Bishop). The areas of concern assigned to me involved issues related to the safety and welfare of inmates in the Illinois Department of Juvenile Justice (IDJJ). The purpose of this report is to summarize my observations of several key issues and to suggest adequate professional practices for the remedial plans in these areas. In particular, the R.J. v. Bishop Consent Decree asked for a review of the use of room confinement and solitary confinement, safety issues including violence and the use of force, and commitments beyond release dates based on the lack of community placements. I will also provide some observations on issues of mental health services such as the adequacy of counseling and treatment services for the majority of youth, especially those with substance abuse and sexual offending. The parties also asked me to review the policies and practices in IDJJ relating to transgender youth. This report will include
1

Case: 1:12-cv-07289 Document #: 51-2 Filed: 09/23/13 Page 3 of 34 PageID #:744
observation on contextual factors that directly impact these topics and that must be considered by IDJJ in framing remedial plans.
Review Methods
Beginning in March of 2013, and running through June of 2013 I visited every operating IDJJ facility— including the IYC Kewanee, IYC Warrenville, IYC Chicago, IYC Saint Charles, IYC Harrisburg, and IYC Pere Marquette. Typically my visits would last 1 to 3 days depending on the size of the facility’s resident population of the facility. I toured each facility extensively and visually examined all living units and resident rooms, as well as school areas, recreation facilities, dietary facilities, libraries, and medical treatment spaces.
Before each site visit, I requested and received as much of the following information that was available from each facility or from IDJJ Headquarters:
Context
1. A review of developments in legal, budgetary, and policy issues impacting IDJJ facilities.
2. Facility population trends in terms of admissions, exits, and one-day snapshot of each IDJJ facility. This included basic descriptions on age, gender, county of commitment, offense type, and prior residential commitments. If possible, we sought data on prior child welfare placements of current IDJJ secure youth
3. Staffing patterns—especially vacancies at each facility—and any added budgeted positions.
4. Number of staff doing required extra shifts. 5. New policies implemented in IDJJ or new laws impacting IDJJ.
Violence and Fear
6. Trends in violent incidents, youth-on-youth assaults, youth-on-staff assaults—by facility and by living unit.
7. Trends in arrests of residents in IDJJ facilities, criminal prosecutions, and transfers to Illinois Department of Corrections or local jails of youth by each IDJJ facility. 2

Case: 1:12-cv-07289 Document #: 51-2 Filed: 09/23/13 Page 4 of 34 PageID #:745
8. Trends in serious disciplinary offenses by facility and living unit. 9. Use of Force (UOF) incidents by facility, living unit, and type of force utilized. 10. Use of restricted programs including transfer to the confinement units, temporary
room detention, and limited programs for individual youth. 11. Group disturbances and facility lockdowns 12. Injuries to youth or staff requiring medical attention 13. Staff days out on disability due to job-related injuries 14. Number of youth requiring medical attention for injuries or illnesses
Access to Remedies and Institutional Climate
15. Grievances filed by youth by type, facility, and living unit, and the resolution of these grievances.
16. Trends in complaints to the Office of Ombudsperson. 17. Numbers and resolution of staff misconduct investigations. 18. Trends in Performance-Based Standards (PbS) data on safety, order, and justice
measures by facility. 19. Staff and youth institutional climate surveys—trends by facility. 20. Number of youth in various phase and incentive levels over time.
Implementing Treatment Programs
21. Number of youth with up-to-date classification and treatment plans. 22. Number of youth with completed Crisis Intervention Plans. 23. Number of youth with treatment team reviews completed in the prior 90 days. 24. Number of youth receiving visits and/or participating in family day events. 25. Number of youth by facility not attending school full time, by reasons. 26. Number of youth with institutions jobs and enrolled in vocational programs. 27. Number of youth by facility and living unit receiving religious services or instruction. 28. Trends in school absences or expulsions. 29. Number of youth in designated mental health or other disability status. 30. Number of hours per day engaged in positive pro-social activities by facility, living
unit, and type of activity.
3

Case: 1:12-cv-07289 Document #: 51-2 Filed: 09/23/13 Page 5 of 34 PageID #:746
Upgrading Staff Training
31. Training received by staff in treatment components, safe use of force, and other topics—numbers of staff trained by job category and hours of training received.
32. Number of staff certified in trauma-informed treatment.
Public Safety Outcomes
33. Number of youth paroled or discharged. 34. Numbers of youth by facility who participate in leadership activities such as student
councils, peer advising, etc. 35. Number of youth released from IDJJ who are returned to state custodial facilities
within 12 months.
At each facility, I conducted private and confidential interviews with about 10 percent of the youth resident population, nearly 100 youngsters overall. I selected the youth to be interviewed at random from the daily roster. I attempted to get a fair cross-section of all living units and all youth behavioral phase levels. In a few cases, I also interviewed youth at the suggestion of the Illinois ACLU. These interviews were conversational in nature but covered most of the issues of interest in the R.J. v. Bishop Consent Decree. Interviews lasted at least 15 minutes but some were longer if the residents had more to tell me.
I also conducted interviews with facility managers and staff who were directly responsible for key areas of concern in the Consent Decree. When possible, I attended regularly scheduled management meetings and met with facility chaplains.
At the close of each site visit, I offered a brief and informal summary of my observations to IDJJ managers. Soon after the visits, I also provided a short written overview to the parties. In cases in which youth named specific staff and alleged serious misconduct, or raised concerns for their safety, I shared this information with the facility administrator, the plaintiffs’ and defendants’ attorneys, and with Ron Smith of IDJJ Headquarters.
It is important to note that the interviews captured perceptions of these young people; verifying the accuracy of these observations would require much more in-depth analysis and investigations. Still, the noted Chicago Sociologist W.I. Thomas taught us that “what people perceive as real, is real in their
4

Case: 1:12-cv-07289 Document #: 51-2 Filed: 09/23/13 Page 6 of 34 PageID #:747
consequences.” Thus, youth fears and perceptions of the lack of safety and staff neglect color how they respond to adults and how well they respond to rehabilitation efforts by IDJJ. In addition to the site visits and data review described above, I reviewed a series of reports about IDJJ and several of its facilities that was written by the John Howard Association.1 I also reviewed pertinent professional standards that help define adequate juvenile corrections practices in the areas of the Consent Decree that have been assigned for my review2
The Milieu of Juvenile Justice Reform in Illinois Powerful and significant forces have been impacting juvenile justice in Illinois. In 2006, the state legislature created the current IDJJ and separated most of its operations from the Illinois Department of Corrections (IDOC). In effect IDJJ needed to create policies and procedures from scratch, while still operating the existing facilities and absorbing most of the existing IDOC staff. The newly created IDJJ needed to absorb and bring about a cultural shift among staff and mid-level managers whose professional perspective was that of running prisons for younger inmates. The continuing legacy of that prison culture is a major challenge faced by IDJJ. Certain centralized administrative functions remained with the IDOC. Although the transition of IDJJ as a separate agency that was apart from the Illinois DOC was supported by most judges and juvenile justice advocates, by many accounts, the new IDJJ was not given sufficient budgetary support to meet its enhanced mandate to provide treatment and rehabilitation programming. IDJJ continues to receive youth from the juvenile courts as well as some youth convicted in criminal courts under the age of 17 These youth are referred to as “Juvenile Felons” within IDJJ, and these youth may continue to serve their sentence in IDJJ until age 21, although the Director has the discretion to transfer these youth to DOC at age 18.
2 These standards include those promulgated by the Council of Juvenile Court Administrators, the American Corrections Association, the Annie E. Casey Foundation Juvenile Detention Alternatives Initiative, and the United States Department of Justice.
5

Case: 1:12-cv-07289 Document #: 51-2 Filed: 09/23/13 Page 7 of 34 PageID #:748
Generally the DOC has continued to handle parole for most IDJJ youth, although youth from Cook County are now supervised by IDJJ Aftercare Specialists under a pilot program, and DJJ has plans and funding to take the Aftercare program statewide and assume all responsibilities from DOC for all juveniles on parole status. Separately, there are youth who are referred to in DJJ as “Court Evaluation” youth or “Callback” youth. These are youth who were previously under local county juvenile probation supervision. The juvenile court judge retains jurisdiction over the case and after violations of probation may commit the youth to IDJJ, which is legally a permanent indefinite commitment (which generally lasts under Illinois law until age 21 with the possibility of parole at any time but with parole required by age 20), The judge, however, will set a follow up court date to receive a report on the youth from IDJJ and may at that time vacate the commitment to IDJJ returning the youth to county probation supervision. The judge may also elect to return the youth to IDJJ on the indefinite commitment.
Cook County settled lawsuits on crowding and poor conditions of confinement in its Secure Detention Center. These settlements meant that some youth who traditionally would be housed at the Cook County Detention Center were now going to be handled, at least on a temporary basis, in IDJJ facilities. The operational complexities of this arrangement will be discussed later in this report.
As all these organizational shifts were occurring, the arrest rate in Illinois continued to decline, even as the media reported a major upsurge in youth violence in Illinois’ urban areas, especially Cook County. From 1997-2007, the Illinois Criminal Justice and Information Authority reported that the statewide violent arrest rate declined by 24 percent and arrests for serious property crime went down by 30 percent. These downward arrest trends appear to be continuing, although later statewide figures are somewhat incomplete.3
For IDJJ, this trend and other sentencing reforms led to a major drop in the average daily population in Illinois state juvenile corrections facilities. For example, during 1997-2010, commitments to juvenile residential facilities in Illinois declined by 40 percent; Cook County dropped its number of state commitments by 45 percent. Counties were sending fewer youth to IDJJ and the length of stay was also declining. 4
3 The best source of Illinois crime and arrest statistics is available from the Illinois Criminal Justice Authority at www.ICJIA.state.Illinois.us 4 Barry Krisberg et al., JDAI Sites and States; An Evaluation of the Juvenile Detention Alternatives Initiative, Berkeley, Ca: Chief Justice Earl Warren Institute, UC Berkeley Law School. March 2012.
6

Case: 1:12-cv-07289 Document #: 51-2 Filed: 09/23/13 Page 8 of 34 PageID #:749
In turn, the decreasing IDJJ resident population created intense fiscal and political pressures to close existing facilities and to reduce staffing levels throughout IDJJ. In 2013, IDJJ closed a major youth facility in Joliet and a smaller facility in Murphysboro in 2013. The maximum security population from Joliet was moved to IYC Kewanee. Kewanee has housed, since its opening in 2001, the statewide population of youth with acute mental health treatment needs, and juvenile sex offenders. Kewanee was built to maximum security specifications. During my site visit to Kewanee, a large number of youth who had violated parole were transferred to Kewanee from Joliet.
During my round of site visits, it was unclear if there would be more facility closures or where various specialized programs would be located in the near future. For example, IYC Warrenville had been co-ed, but was now a female-only facility; however that might change in the future.
IDJJ facilities and programs are still very much works in progress. Youth residents and programs had to be relocated quickly in the past year, with minimal to no time for planning these movements. Staff from closed institutions were assigned to open ones, and each facility had to develop plans to train and acculturate the new staff.
With a grant from the MacArthur Foundation, IDJJ is now taking an objective look at its existing facilities and programs and determining the appropriate missions and functions of each one. During my visit, several of the facilities were experiencing a significant increase or decrease in their resident population. There were also major repairs and renovations going on at some facilities, especially Kewanee, Pere Marquette, IYC Warrenville, and IYC St Charles. The sense of uncertainty and the potential issues of job security with IDJJ have led to requests for transfers to other state agencies from IDJJ, increased rates of retirements and generally low morale at virtually all of the IDJJ facilities that I visited.
MAJOR FINDINGS
Strengths and Positive Developments
IDJJ has produced a very complete set of operational policies covering safety and welfare issues. These policies cover most of the major concerns of this consent decree. I have compared these policies to those now being developed or utilized in several major states. In my opinion, these policies are consistent with the thinking the juvenile justice field. The key next step is to ensure that all staff have
7

Case: 1:12-cv-07289 Document #: 51-2 Filed: 09/23/13 Page 9 of 34 PageID #:750
received up-to-date training in these policies, that, where appropriate, policies are revised and amended subject to new federal and state laws, and that management has built a monitoring system to gauge the extent that the policies are being followed in practice.
IDJJ has a reliable and valid custody classification system for assigning youth to various living units; this system needs to be augmented by a needs-based or dynamic classification process. IDJJ is moving towards building a classification process that is primarily based on youth behavior.5
Other findings include the following:
 The vast majority of IDJJ employees are concerned for the well being of the youth and want to help them succeed.
 IDJJ facilities are implementing a multi-disciplinary team management approach that includes the mental health staff, educators, living unit staff, and counselors.
 Living unit sizes are currently well within existing professional norms with the exception of the Intake Units; double-celling is rare, and there are few open dorm settings.
 Most youth residents report that the majority of the staff act in professional manner, however there are some staff that are engaging in troubling abusive verbal behavior of the youth.
 IDJJ is moving aggressively to learn about and begin implementation of the PREA requirements.  IDJJ is committed to the PbS standards and collects these data on a regular basis.  Most of the IDJJ facilities possess substantial space for outdoor recreational activities.  IDJJ has excellent administrative staff at each of its facilities that support management and
monitor compliance with key policies.
IDJJ has been open to ongoing monitoring and inspections by the John Howard Association (JHA); the regular round of JHA reviews is often answered by IDJJ top managers in a timely, constructive, and responsive manner. The JHA has noted that Warrenville has made strides to reduce the use of confinement and has made some cosmetic improvements to soften the prison-like environment of this 44-year old facility. At Kewanee, where mental health services are hampered due to radical understaffing, the JHA credits the managers there for providing some additional online educational and vocational services.
5 S. Christopher Baird et al., A Comparison of Risk Assessment Instruments in Juvenile Justice, Oakland, CA: The National Council on Crime and Delinquency, August 2013.
8

Case: 1:12-cv-07289 Document #: 51-2 Filed: 09/23/13 Page 10 of 34 PageID #:751
Ongoing Concerns and Areas of Needed Improvement Staffing Shortages IDJJ faces significant staffing problems in terms of direct care staff, educators and mental health staff. This means that many youth especially at IYC Saint Charles, IYC Kewanee, and IYC Harrisburg spend many hours in their rooms. School programs, counseling, visiting, and recreation and education programs are often curtailed due to staffing problems. Idleness is endemic. The youth express their extreme boredom and feeling that they are receiving virtually no educational, recreational, and counseling services. IDJJ youth at these understaffed facilities are not getting an adequate amount of pro-social activities during a typical day. When out of their rooms, the standard activities for most IDJJ youth involve sitting in the day rooms, playing card games or dominos or watching television. The lack of staff also creates a perception of lack of safety on the part of the youth and the staff. Inadequate staffing inhibits the delivery of training to existing direct care staff, and this creates even more pronounced staffing shortages. A 19-year old at IYC Harrisburg reported that he gets 4 hours of school but is otherwise locked in his room. Many youth complained that the corrections officers “beat them out of rec” because they are too busy to provide sufficient out-of-room recreation time. Youth perceive the staff to be too busy to really listen to and engage with the IDJJ youngsters. The staff have the same complaint. A 17-year old said, “The staff act like they care, but they don’t really care about us.” On many living units, the ratio of youth to direct care staff can be as high as 18 to 1 during the day. While there are no agreed upon national staffing standards in juvenile justice, according to reports from the Council of Juvenile Corrections Administrators, the largest juvenile corrections systems are aiming at a ratio of 12 to I or even lower levels for high-risk youth and mental health units. The new federal PREA standards establish a staffing goal for secure facilities of 8:1 during waking hours and 16:1
9

Case: 1:12-cv-07289 Document #: 51-2 Filed: 09/23/13 Page 11 of 34 PageID #:752
during sleeping hours.6 Youth advocates are argued that these ratios should be lower –- 6:1 during the day for residential facilities and 12:1 during waking hours.7
A clear exception to this finding of inadequate staffing exists in the specialized Drug Treatment Units, such as the Wells Center, where grant funding has enabled IDJJ to provide additional staffing. At Warrenville the staffing ratios are much better due the transfer of many staff who formerly were assigned to IYC Joliet. Staff youth ratios are better at IYC Chicago and IYC Pere Marquette, but these are much smaller facilities that generally manage low-risk youth who are transitioning home.
Staffing problems are created by a number of factors, including inadequate budgets, a temporary state hiring freeze, union rules regarding staff assignments, lack of unit management teams, and paid leave for health and injury reasons that limit the amount of staff that can be actually deployed on the living units. Further, past limits on the training academy offerings also limit the number of newly hired staff that can be assigned to the living units and are adequately prepared for these assignments.
Staffing shortages are also created by Illinois policies and practices of housing youth who are involved in daily court activities or parole hearings in several of the larger counties, especially Cook County. Every day, a number of IDJJ direct care staff are diverted from providing direct care to youngsters in the facilities so that they can transport youth who have writs in various counties. This can sometimes mean multiple moves for youth who are housed at IYC Saint Charles and IYC Kewanee and who are moved to different locations before being taken to court hearings in northern counties. This problem of writs also occurs at IYC Harrisburg. Staff involved in transporting youth to court hearings are often tied up for entire days with those youth who are awaiting hearings. In most jurisdictions across the Nation, these youth would be transferred to local juvenile detention centers or jails (for adults) pending court processes.
A long standing consent decree in Cook County regarding jail conditions and population, created motivation for Cook County to take all steps possible to keep its jail population down. One approach utilized was to ensure that all youth with active parole violation warrants are returned to IDJJ, even though they may have local charges pending. In most counties outside of Cook, where severe jail overcrowding is not an issue, the county would simply hold the arrested parolee in the local jail pending
6 28 C.F.R. Subsection 115.313(c), 2112 or www.prearesourcecenter.org 7 The Prison Rape Elimination Act Standards: Comments from Youth Advocates on Minimum Staffing Ratios in Juvenile Facilities, Center for Children’s Law and Policy, Washington D.C. August 20, 2012.
10

Case: 1:12-cv-07289 Document #: 51-2 Filed: 09/23/13 Page 12 of 34 PageID #:753
trial and the parole violation warrant served as a “hold” so the individual could not be released on bond. However, Cook County “executes” the warrant by returning the youth to IDJJ despite the pending new charges. IDJJ s issues a warrant based on the arrest, asking for return to IDJJ of the youth, as it is required by law to do in many cases for many offenses. While IDJJ staff historically referred to these youth as “Consent Decree” youth, it was not because of any consent decree involving IDJJ or by any agreement by IDJJ.
This population for the most part are older, (aged 18-20) returned DJJ parole violators facing new adult criminal case charges, mostly from Cook County. Many of these youth face serious felony charges and their cases often may take a year or two to go to trial or resolve by plea. This creates frequent court writs for a large population of youth now housed at Kewanee to return frequently to Cook County, and for logistical purposes they are moved via a transfer to St. Charles.
Other Illinois counties prefer that IDJJ handle these writs because it saves local resources that might otherwise be expended in transporting youth. As of my site visit, IDJJ did not have a separate or dedicated transportation unit, meaning that IDJJ facility staff were drawn into these responsibilities. The issue of writs and of significant and frequent movements of youth between facilities puts some IDJJ young persons in “visitor” status, which means they are receiving no school, no counseling and few if any other programs. These youth get fed, get showers, and receive minimum recreation time. Moreover, there are three facilities where IDJJ operates intake units that conduct diagnostic workups. During intake, the youth are receiving no schooling, no resource groups, and they get only minimal recreation time. Youth in the intake units spend most of their days in their rooms or in the day rooms. Excessive Use of Confinement and Inadequate Living Conditions Increasing concern has been expressed by a number of groups about the adverse mental health effects of solitary confinement and isolation on adolescents. Human Rights Watch and the American Civil Liberties Union assert that while very short periods of isolation might be needed as an emergency security measure, these groups advocate that states eliminate longer durations of solitary confinement
11

Case: 1:12-cv-07289 Document #: 51-2 Filed: 09/23/13 Page 13 of 34 PageID #:754
for juveniles. The Youth Law Center and the Annie E, Casey Foundation has provided a series of very strict guidelines of the use of room confinement, isolation and “time outs”8
A United Nations Investigator on torture, Juan Mendez urged a complete ban on the practice of solitary confinement and isolation and the American Academy on Child and Adolescent Psychiatry endorsed this view. Young people are believed to especially suffer from extreme isolation and this experience may accelerate their mental deterioration.
The ACLU and the Southern Poverty Law Center won a settlement from Mississippi to refrain from holding youth in isolation for more than 20 hours. West Virginia juvenile authorities have reached a similar conclusion and Montana and California have also responded to litigation to greatly reduce the use of isolation.
Many correctional practitioners do not believe that isolation of juveniles is a valid practice. One view is that such practices may increase youth suicides or self harming behavior. Others assert that youth who are “acting out” need more attention from adult caretakers, not less.9
Illinois DJJ leaders have already expressed their interest in limiting the use of isolation and solitary confinement. The JHA has noted that there has been progress on the issue at IYC Saint Charles and IYC Kewanee. Stays in confinement are generally very short, often less than 24 hours, but some youth remain in confinement for longer periods.
IDJJ makes extensive and varied use of its confinement units. There are living units dedicated to confinement at each of the larger IDJJ facilities and at IYC Chicago. At Pere Marquette confinement is accomplished in one section of the regular living unit. During my visit, IYC Warrenville was using the youths’ own rooms as its confinement program, but I was told that after the renovations at Warrenville, there would be a separate confinement wing.
The living conditions in the confinement units were often harsh and of substandard quality. The rooms at IYC Kewanee, IYC Saint Charles and IYC Harrisburg were generally unclean, with the noticeable smell of feces and trash in the room and in the unit corridors. The youth were required to wear orange
8 Youth Law Center Juvenile Detention Standards, www.ylc.org and Juvenile Detention Alternatives Initiative, Detention facility Self Assessment: A Practical Guide to Juvenile Detention Reform. Baltimore, Md: Annie E Casey Foundation, 2006. 9 These developments are summarized by David Creary in “Solitary Confinement for Youth Should be Banned, Makes Juvenile Go Crazy” Huffington Post, Oct 10, 2012.
12

Case: 1:12-cv-07289 Document #: 51-2 Filed: 09/23/13 Page 14 of 34 PageID #:755
jumpsuits without undergarments. Young people sleep on very thin mattresses with one small cover. Almost all of the youth that I interviewed at IDJJ who had been assigned to these living units complained bitterly that the confinement units were cold and unsanitary.
Youth in confinement status receive no schooling, no resource groups, and only about 90 minutes per day of recreation. In confinement, recreation often means that youngsters are being placed in a holding room by themselves with a bench, and minimal to no exercise or sports equipment. For example, at IYC Kewanee, youth could watch a television from a cage-like recreation area. Youth in confinement complain that they are given very small meals and not permitted commissary except for basic hygiene items. Youth complained that they were required to have cold showers while in confinement.
Counselors visit the youth briefly, and a mental health professional typically spends less than five minutes asking the youth if they were experiencing any stress. The youth called this “drive-by” counseling. These contacts would generally occur in the morning, and the youth residents claimed that they typically not see or talk to mental health staff or counselors for the rest of the day.
Confinement living unit staff are supposed to conduct a visual contact with youth every 15 minutes. However, the log books documenting these contacts were often incomplete. According to IDJJ managers, these visual checks were being accomplished but some IDJJ facilities would find it difficult to document this practice. Likewise, the living unit logs did not always record visits to the youth by counselors, mental health staff, medical personnel or chaplains.
IDJJ utilizes its confinement units for multiple purposes. Some youth are housed there briefly for disciplinary reasons; others are there pending further investigations of potentially serious disciplinary infractions, and still others are placed in the confinement units pending transfer to other facilities.
IDJJ also uses the confinement unit for mental health youth who are determined to be in crisis. Young people who were assigned to mental health units told me that they were very hesitant to tell counselors or mental health staff that they were in crisis, since this would mean moving from regular units or mental health programs to the unsavory and harsh conditions in the confinement units. The JHA noted this problem in its audit of IYC Kewanee in 2012. Youth are sometimes placed in confinement for other health reasons such as potentially communicable diseases or injuries that might require limited programming for a short period of time.
13

Case: 1:12-cv-07289 Document #: 51-2 Filed: 09/23/13 Page 15 of 34 PageID #:756
Some youth were “guests” on the confinement units—these youth occupied a bed on the confinement unit but attended school and participated in the regular programming with their assigned living units. This practice occurred when the regular living units exceeded their design capacity or if construction reduced the number of available rooms on the regular units.
As noted earlier, IDJJ uses confinement for very short durations—often less than 24 hours. Some youth have been in confinement for over 72 hours. Based on my interviews, it seems that a large proportion of youth in IDJJ have experienced a stay in confinement for some period of time of their commitments. Some IDJJ youth have had many repeated placements in IDJJ confinement. The population of these units varies widely on a daily basis subject to incidents that occur among the youth, or inter-facility transfers.
Residents of confinement are often cuffed and wear leg shackles when not locked in their rooms. These extreme physical constraints are applied to youth without regard to the risk of harm that they present to themselves, to other youth, or to staff. At each facility there are listings of the youth who are in confinement each day and the principle reasons for their assignment to these places. Several of the youth in mechanical restraints were in confinement due to “defying staff instructions,” arguing with staff, or “disrupting the regular daily schedule.”
In effect, the confinement units in IDJJ are a “catch all” for a wide range of youth who present unique, troublesome, and specialized issues. Staff assigned to confinement units are on “high alert” and react to most of the youth as if they pose imminent threats of engaging in violence or other serious rule infractions.
When I visited the confinement units at IYC Saint Charles and IYC Harrisburg unannounced, these units were often very chaotic in nature. Youth were screaming, banging on doors, or throwing lighted matches through day slots. I did not observe staff attempting to calm these situations. When these units are at capacity, there were not enough staff on duty to resolve many individual youth problems with dialogue and conflict resolution approaches.
Chemical restraints were sometimes utilized in the confinement units to quell group disturbances, fights, and other acting-out behavior. During my site visits, facility administrators, mental health staff, and middle-level managers were not very visibly present in the confinement units.
It was hard to discern the valid penological purpose of confinement in IDJJ other than delivering a short dose of punishment to troublesome youth. There was no real treatment, education or counseling in
14

Case: 1:12-cv-07289 Document #: 51-2 Filed: 09/23/13 Page 16 of 34 PageID #:757
these units, and many staff explained to me that the harshness of the conditions of the rooms and the stark daily schedule served as a deterrent to youth to not misbehave.
Rules governing who enters confinement and when youth are permitted to return to regular living units seem largely arbitrary and not connected to treatment plans for individual youth. The initial placement decision is usually made by a correctional officer and signed off by the Chief of Security at each facility. One to three days later, the initial placement decision to confinement is reviewed by a multi-disciplinary team. Youth are generally released from confinement right after these multi-disciplinary reviews. Placement in confinement often means a drop in the youth’s behavioral phase level, lost privileges, as well as additional time added to the youth’s expected release date. The risk level of youth in the confinement unit are often determined by the original or supposed offense that led to the youth’s initial commitment to IDJJ, not to their behavior while in IDJJ facilities. All sex offenders and many mental health youth were considered as “threats to escape,” although youth being AWOL from most IDJJ facilities was very rare.
Responding to Staff Misconduct
IDJJ faces a very serious problem in terms of living unit staff verbally abusing the youth with demeaning, racial and sexualized insults. A 19-year old complained that a staff person called him a “bitch.” He filed a grievance but received no response. Other youth reported that staff cursed all the time, calling them “bitches,” “whores,” and the “N word.” Another youth told me that many staff say “gay stuff” such as “I can’t wait ‘til you turn 18 so I can get in your butt hole” One youth told me that it was fairly common that staff “wrestle around with youth.” A 21-year old at Harrisburg reported that staff say racist and disrespectful things all the time. A corrections officer at Harrisburg told one youth, “I get my rocks off fucking with guys.” This same youth claimed that a corrections officer told him to assault another youth. Some youth asserted that staff use bad language and some touch the youth inappropriately. Some youngsters at IYC Saint Charles also alleged that staff were touching them in sexual manners. One youth at IYC Kewanee claimed that he was sexually abused by youth and staff in the confinement unit.
Youth do not claim that staff are physically mishandling them, except in very rare instances. The females at IYC Warrenville did complain that there were some staff, especially the transferred IYC Joliet personnel, who treated them too roughly. There were assertions that some staff assigned to the Phoenix Program at IYC Harrisburg were too rough with the youth and, at least, often threatened them with bodily harm.
15

Case: 1:12-cv-07289 Document #: 51-2 Filed: 09/23/13 Page 17 of 34 PageID #:758
The IDJJ young residents describe daily verbal assaults by some staff that question their gender identities, threaten physical violence, attack the integrity of their families, and suggest that these youth will continue as criminals. This problem was reported to me by the majority of youth who I interviewed at IYC Saint Charles, IYC Kewanee, IYC Warrenville, and especially at IYC Harrisburg. The youth referred to staff as “playing the gay role”, which entailed highly sexualized, homo-erotic threats to the youth. Managers seemed unaware of the magnitude of this problem. Under my promise of confidentiality and privacy, the youth repeatedly named the specific staff that engaged in this behavior and quoted their phrases exactly as they recalled them.
The youth suggested that this verbal abuse was a daily occurrence. Although it is probable that only a small number of staff engage in this serious misconduct, others who observe this illegal behavior do not appear to intervene or file formal reports. Youth have complained through various methods and sometimes the allegedly offending staff are reassigned to other living units. However, it appears that only rarely are strong disciplinary personnel actions taken. IDJJ managers expressed concerns that adverse actions against allegedly offending employees would be met with strong union opposition and difficult state personnel policies. IDJJ managers attempt to thoroughly investigate every single alleged reportable incident that comes to their attention. The staffing problems at IDJJ also limit the number of personnel that can be assigned to these inquiries. The complication for IDJJ Central Office is if facility staff are aware of staff misconduct but fail to report these events up the chain of command.
Staff sometimes minimized the seriousness of this behavior as “teasing or horseplay,” but it was my strong impression that many youth were frightened and upset by this staff behavior. A survey of youth by the US DOJ on sexual abuse of youth found that Illinois had one of the highest percentages of residents that reported being sexually abused or molested, mostly by staff. Fully 15 percent of IDJJ youth said that they had been victimized in a sexual manner. In this federal survey, IYC Harrisburg had a substantial number of youth who complained about staff sexual misconduct. IYC Joliet, now closed, was rated one of the worst ten juvenile correctional facilities in the nation.10
Youth do not have confidence that the existing complaint or grievance system is sufficient to resolve serious problems. The youth often believe that the staff destroy the grievance reports and that the staff always take the side of another staff member and never the youth. At IYC Kewanee, IYC Saint Charles,
10 Allen Beck, Paul Guarino and Paige Harrison, Sexual Victimization in Juvenile Facilities Reported by Youth 20082009, Washington, D.C.: United States Bureau of Justice Statistics, NCJ 228416, January 2010.
16

Case: 1:12-cv-07289 Document #: 51-2 Filed: 09/23/13 Page 18 of 34 PageID #:759
and IYC Harrisburg the youth even reported that staff members would pay residents to attack other youth who the staff did not like. Other youth reported that staff would organize fights among residents for their own entertainment. These adverse reports came from youth in virtually all living units, from youth with very positive behavior records, and those going home very soon.
Generally, the youth have positive impressions of the top facility administrators, counseling, education, and mental health staff. The very negative youth attitudes towards IDJJ employees are directed at the corrections staff. Youth believe that the top administrators and middle level managers do not know, or want to know, what is happening to them. Some staff confidentially confirmed with me the youth reports of verbal abuse. The explanation given was that this conduct was a legacy of the days when IDJJ was run by IDOC. The current top leadership of IDJJ does not condone this staff misconduct but feel that a change in traditional adult prison staff culture was difficult to achieve very quickly.
Fear and Safety Concerns among IDJJ Residents
Many IDJJ youth express concern for their personal safety. Approximately two-thirds of the IDJJ youth that I interviewed said that they did not feel safe. Concern over safety was especially high at IYC Chicago, IYC Saint Charles, IYC Warrenville, and IYC Harrisburg. There were far less safety concerns expressed at IYC Kewanee and IYC Pere Marquette. The physical plant at Kewanee creates more structured movements, but the transfer of youth from IYC Joliet did lead to an increase in fighting. Youth report that there are many fights every day but they believe that staff try very hard to intervene quickly to stop escalation of these physical confrontations. Most of the fighting involves one-on-one scuffles, with few multiple youth fights. Fights occur during movement to programs, in the day rooms, and in the school areas. A particular safety concern among residents was expressed about the intake units, where there is a broad range of youth (in terms of risk level) living in close proximity and a fair amount of testing of new residents by more seasoned and aggressive youngsters. Also. Youth violence tends to peak as large numbers of youth are moved between IDJJ facilities.
Current monthly reports that are produced for each IDJJ facility show a very small number of youth –onyouth assaults, and virtually no group disturbances. The number and seriousness of assaults in IDJJ institutions is lower than I have observed or reviewed in other states such as New York, Ohio, Texas, and California
17

Case: 1:12-cv-07289 Document #: 51-2 Filed: 09/23/13 Page 19 of 34 PageID #:760
IDJJ managers express doubts as to the accuracy of existing agency data on youth violence; however the PbS data show a low level of serious youth injuries due to assaults by other residents. The low numbers of fights and assaults reported in recent IDJJ monthly data may also be a function of the extensive use of room confinement and limited out-of-room programming. The free movement of youth is extremely curtailed and thus there are far fewer opportunities for aggressive and assaultive misconduct.
As noted earlier, IDJJ responds quickly to facility violence, but the response is primarily oriented towards creating a very fast response time for security staff and around disciplinary steps for offenders. There are few specific violence-prevention programs for IDJJ youth being implemented. IDJJ does not have crisis intervention plans for each youth to help staff identify the cues for violent behavior. The afteraction process by IDJJ staff tends to be “tactical,” and correctional staff do not appear to have a clear sense of the causes of upsurges in fighting. Many IDJJ correctional officers told me that much of the fighting is related to youth residents trying to define the institutional “pecking order.” There is fighting between youth from different home communities and among some clique members, but IDJJ staff do not view gangs as a major cause of fighting in IDJJ facilities.
Some youth expressed the view that it was the staff that made them feel unsafe. This is related to the issue of verbal abuse discussed above. There are a few IDJJ employees that allegedly tell the youth that the residents are powerless and that there will be retaliation for complaining. One staff supposedly told several youth that he would claim a work-related injury and get a “paid vacation” if the residents attempted to defend themselves.
Youth also complain that some staff are extremely strict about minor violations. Residents would try to avoid these staff, fearing that disciplinary checks would lead to loss of privileges, transfer to the confinement unit, or time added to their sentences.
IDJJ has a number of excellent policies governing the appropriate use of force (UOF) and the process of investigating its use. The IDJJ relies on daily reviews of video recordings in each facility to monitor force incidents. Full camera coverage in all IDJJ facilities will require additional investments, but would be an excellent investment.
Typically, IDJJ managers review unusual incident reports that are submitted daily and then the managers watch the appropriate video recordings, if available. The review of UOF incidents is generally handled by the facility chiefs of security under the guidance of the Deputy Director of Operations Ron K.
18

Case: 1:12-cv-07289 Document #: 51-2 Filed: 09/23/13 Page 20 of 34 PageID #:761
Smith. UOF incidents are determined to be in compliance with policy, or not, in which case, a range of sanctions are available to discipline IDJJ staff.
Based on IDJJ’s own data and the PbS reports, rates of the use of restraints have been trending downward in recent years at IDJJ. Staff have received some training in resolving conflicts with youth without resorting to force. As noted earlier, mechanical restraints (such as handcuffs, and jackets) are still utilized on a routine basis, but chemical restraints (such as OC spray) are rarely employed, usually only in the case of rare group disturbances. IDJJ policy prohibits the use of chemical restraints with mentally ill or disabled youth. There have been some recent incidents in which chemical restraints were utilized in transporting youth to court hearings, and IDJJ is presently reviewing their policies and practices in this area.11
IDJJ could increase its training of staff on avoiding the UOF incidents and using conflict resolution strategies instead. It is suggested that more incidents could be avoided by including other staff— especially mental health staff—in resolving these issues. In addition, there should be a mandatory follow-up interview with the youth after UOF events.
Correctional staff also should receive supplementary training in writing behavior reports on UOF incidents to improve the level of detail and the quality of these reports. IDJJ needs to commit to improving the reliability and validity of data collected on UOF. IDJJ should to collect data on the time of, location of and reasons for incidents. Both the youth and staff who are repeatedly involved in UOF incidents should be reviewed by IDJJ managers to identify required intervention plans. IDJJ should publicly and consistently reward staff for avoiding UOF in appropriate situations. 12
Need to Strengthen and Enrich IDJJ Rehabilitation Services
Although the leadership of IDJJ is committed to building a strong education and treatment model, the current systems and practices in IDJJ are inadequate and in need of major reforms. As noted earlier, facility staff do not consistently evaluate youth with a valid needs assessment tool that can direct
11 There is growing a growing consensus that chemical restraints should be eliminated or greatly restricted in juvenile facilities. Chemical restraints should never be used except in life threatening situations and not use for mentally ill and other disabled youth. Morgan Lewis., “Memorandum to Barry Krisberg on Chemical Agents in Juvenile Facilities” Chief Justice Earl Warren Institute, UC Berkeley Law School, September 6, 2013. 12 The California Division of Juvenile Justice conducted a comprehensive review of UOF in its facilities using a multidisciplinary team of staff and court experts. The resulting policy is similar to what is described above and forms of the basis for training and headquarters review of all UOF incidents.
19

Case: 1:12-cv-07289 Document #: 51-2 Filed: 09/23/13 Page 21 of 34 PageID #:762
treatment planning. Very few youth (outside of the Ida B. Wells Center) receive regular and consistent rehabilitative interventions. Though the IDJJ youngsters told me that they value the resource groups that are offered, these groups are provided in an inconsistent and haphazard manner. Many IDJJ young people reported to me that they do not participate in any resource groups.
The last significant study of the recidivism rates of IDJJ releases was conducted based on cohorts of youngsters who exited IDJJ facilities in 2005-2007. The results were very disheartening. Over 85 percent of youngsters who went through IDJJ programs were re-arrested on the following 36 months, most for serious and violent felonies. Of these former IDJJ residents, approximately two thirds were reincarcerated in a state correctional facility within three years of leaving IDJJ facilities. These recidivism data should be updated and utilized by IDJJ leaders based on more current information on youth leaving IDJJ facilities.13
IDJJ is not currently employing evidence-based treatment models with the exception of the substance abuse programming offered by the Ida B. Wells Center and the Family Integration Therapy (FIT) program. I have significant concerns about the fidelity of most IDJJ rehabilitation programs as they are implemented, compared to proven or tested models.
Some facilities are using treatment models such as the Phoenix Program at IYC Harrisburg or elf Improvement Inventory at Pere Marquette, but there is little central quality control, oversight, and ongoing research on the efficacy of these programs. Indeed, some of the youngsters in these programs view them essentially as added punishment and report receiving little value from these interventions. For example, many youth reported to me that they spent most of the day in their rooms or in the day room with limited educational offerings and few other programs.
There may be some general research supporting the concepts underlying these programs, however, neither the Phoenix Program or the Self Improvement Inventory have been rigorously tested with an institutionalized juvenile population. While the Phoenix Program had a preliminary process assessment, the numbers that were enrolled in Phoenix at that time were very small.14 IDJJ is not presently collecting systematic data about the positive or negative results of these programs. Training of the staff who lead
13 Lindsay Bostwick, Jordon Boulger and Mark Powers, Juvenile Recidivism in Illinois: Exploring youth re-arrest and re-incarceration. Chicago, Illinois: Illinois Criminal Justice Information Authority. August 2012. 14 Robert Kirchner, Illinois Youth Center Harrisburg: Implementing a New Strategy, Glacier Consulting, November 2012.
20

Case: 1:12-cv-07289 Document #: 51-2 Filed: 09/23/13 Page 22 of 34 PageID #:763
these programs is spotty, at best. The sex offender treatment program in IDJJ is not well documented, and there is little information about its efficacy.
Facility staff who offer counseling and mental health services are genuinely trying to help the IDJJ residents, but their efforts are not well integrated, and these treatment staff do not appear to coordinate their treatment plans. Counselors meet with the youth one or two times per month, primarily to arrange visits, phone calls, and handle other administrative matters. Counseling notes are very brief and rarely discuss treatment goals or progress.
Mental health assessments or interventions are not recorded in an electronic format. One needs to review large and cumbersome individual files to determine individual treatment plans and progress. There are weekly staff meetings about youth at each facility, but the membership of these committees varies, and the decisions are not always documented or explained. It is virtually impossible to determine from IDJJ information the priority treatment needs for each youth, whether treatment needs are being met, and if there has been observable progress on such needs. Success in treatment seems separate from the behavioral ratings or phase levels.
IDJJ does not possess an official agency-wide treatment model or an agreed-upon set of services that almost all youth residents will receive. Release decisions are not necessarily based on defined rehabilitation objectives. Training of staff in the core concepts of the agency’s treatment model does not exist. IDJJ managers have only incidental knowledge of the innovative treatment approaches—including cognitive behavioral therapy—are being implemented in Missouri, New York, California, and Ohio, among other jurisdictions.
Youth report that they do not get many hours of treatment programming, with the exception of youth in that participate in the FIT program and the Ida B. Wells Center. In a September, 2012, site visit, the JHA reported that youth at Kewanee were receiving less than 30 minutes of mental health programming per week. Youth residents complained to me that they are asked to take the same treatment courses over and over again. Many youth report that they are doing “dead time”—they have finished all the available treatment courses and are still awaiting release. Other youth complain that their stay in IDJJ facilities is unduly lengthened by requirements that the youth complete substance abuse programs that they have already finished. Group sessions and counseling are often cancelled due to staff shortages and lockdowns.
21

Case: 1:12-cv-07289 Document #: 51-2 Filed: 09/23/13 Page 23 of 34 PageID #:764
Decisions made to move youth into various living units or to extend their time at IDJJ are often made by corrections officers, with more passive input by teachers, counselors, or mental health professionals. As discussed below, there are many youth who have passed their Administrative Review Date (ARD) and are awaiting a placement bed. Some youth who are passed their ARDs have parole violation for new criminal charges that may not be directly related to barriers to placement. Most youth in IDJJ frequently think of their ARD as a release date.
Other youth are in various states of the parole violation process and may not be willing to participate in or eligible for treatment and rehabilitation services. It is unclear whether the courts, probation, or the paroling authorities possess even minimal information about each youth’s progress in IDJJ treatment programs. Clarification of IDJJ treatment and rehabilitation goals is especially crucial for those youth that have been convicted in criminal courts, those who are challenging their alleged parole revocations, and those who have “maxed out”. Young people in IDJJ who are “maxed out” have reached their Maximum Discharge Date, usually at age 21, and are released by IDJJ, even if this discharge is to a homeless shelter on rare occasions.
Few youth or their families have a major role in planning and assessing the rehabilitation progress. In general, family engagement has not been a major priority for IDJJ in recent years. Very few of the youth receive regular visits from family members, in part because of the long distances that families must travel to the facility where their child is confined. Phone contacts are more frequent, but indigent youth cannot afford the very expensive phone rates. There are no regular, organized family events at IDJJ facilities. There are no staff who are specifically tasked to connect with youth families and to encourage their active involvement in the IDJJ rehabilitation approach. Some staff are ambivalent about the family members of residents, seeing them as sources of contraband in the facilities, or connections between the residents and criminal behavior in the community. Youth in confinement units or other restrictive custody programs receive even fewer and shorter visiting privileges than other youth.
IDJJ top leaders acknowledge the need to provide trauma-informed interventions for many of their youth, but there is minimal knowledge within IDJJ about adequate approaches across the nation. IDJJ has enrolled several youth in the Structured Psychotherapy for Adolescents Responding to Chronic Stress (SPARCS) program, but there is little information about the actual functioning or results of this program.
22

Case: 1:12-cv-07289 Document #: 51-2 Filed: 09/23/13 Page 24 of 34 PageID #:765
IDJJ staff, especially those at IYC Warrenville, express the need for enhanced gender-responsive programming. However, there has been minimal recent investment in staff training or specific program content in this area in recent years.
There is also a desire expressed by some top IDJJ managers for greater cultural sensitivity in dealing with youth of varying ethnic backgrounds. This is an area in which investments in training and greater community involvement would be very helpful. One of the practical problems for IDJJ is that most of its facilities are located in rural areas with a largely white population, making it very difficult to attract staff or volunteers who understand the cultural background of many of the residents.
Similarly, IDJJ needs to focus more policy and procedural attention to LGBT youth, especially those who self-identify as transgender. IDJJ does not have a consistent policy for classifying or housing these youngsters. I interviewed four transgender youth who were temporarily housed in mental health units, sex offender programs, confinement units, medical infirmaries, and regular housing units. IDJJ needs to better define its policies and practices on topics such as cross-gender strip searches, privacy considerations (especially in showers), verbal abuse by staff, and medical care for youth who are HIV positive. For example, one transgender youth expressed his preference to be housed at IYC Warrenville. While the youth that I interviewed felt that staff were trying to protect them from assaults by other youth, these youth did not feel entirely safe. There are also questions about the appropriate medical treatment for transgender youth that must be defined by IDJJ in ways that are consistent with the requirements of federal PREA legislation (Prison Rape Elimination Act) and an emerging body of law protecting the rights of these young people.
Transgender youth find it very hard to find suitable post-release placements and thus may spend extra time in IDJJ even if their behavior is excellent. I shared with IDJJ leaders policies from other corrections agencies, including the Cook County Secure Detention Center that is considered appropriate. Most important, transgender youth need advocates from the community to help them review their options and articulate their needs and preferences. IDJJ staff at every level need training on the adequate best methods of safely managing transgender youth in correctional facilities.
23

Case: 1:12-cv-07289 Document #: 51-2 Filed: 09/23/13 Page 25 of 34 PageID #:766
Inadequate Assistance for Youth Who Are Returning Home
Reentry planning and services for youth in IDJJ are virtually non-existent. Many youth report that they first meet their parole officers after their release from IDJJ institutions. Parole staff often do not seem to be informed about the rehabilitation plan and progress of the youth in their caseloads. When questioned, the IDJJ residents say that preparation for going home is their number one priority and the service that they would value the most. Are recent report by the John Howard Association on IYC Chicago questioned the value of existing reentry services and called for an evaluation of the Halfway Back program that is one of the main missions of IYC Chicago.15
An area of heightened concern for IDJJ is the large number of youth who are extended past their Anticipated Release Date (ARD) due to the inability to locate a placement. For some youth, this waiting process can take years. The JHA monitoring reports have documented many youth in IDJJ on relatively minor parole violations that are past their ARDs.16
The reasons for insufficient placement opportunities are complex and varied. Many IDJJ residents have no home to return to or have not had positive family relationships for years. Other youth—especially sex offenders—find it difficult for their family members to welcome them back due to fears of further victimization of younger siblings, or potential loss of public benefits such as foster care or subsidized housing. Schools may not be willing to re-enroll registered sex offenders due to local school board policies. Still other youth have become legal adults and would prefer to live independently. IDJJ top managers are well aware of this problem and are actively exploring solutions. But, it is important to mention that youth who are being incarcerated past release dates solely due to lack of “suitable” placements have a powerful liberty interest in their release. Moreover, these youth are angry, because they have done all that has been asked of them and are still confined. These residents have no rehabilitative options, few vocational opportunities other than food service, and very limited educational opportunities in IDJJ. These youth are frustrated and may engage in behavior that will escalate their legal problems, possibly propelling them into the adult criminal system. This problem requires urgent attention by IDJJ.
15 John Howard Association, Monitoring Visit to IYC Chicago, www.thejha.org 2013. 16 John Howard Association, Moving Beyond Transition: Ten Findings and Recommendations on the Illinois Department of Juvenile Justice—A Special Report, www.thejha.org, 2013.
24

Case: 1:12-cv-07289 Document #: 51-2 Filed: 09/23/13 Page 26 of 34 PageID #:767
A parallel issue involves youth that are returned to IDJJ on parole violations and for whom the parole board determined that their violations did not warrant further incarceration. These youth and their families are informed that they are “continued on parole.” However, the lack of a suitable placement means that the youth remains in secure custody at an IDJJ facility.
Safety and Welfare Indicators from the Illinois IDJJ Performance-based Standards Data
IDJJ has made a significant investment in implementing the Performance-based Standards (“PbS”) system developed by the Council of Juvenile Corrections Administrators and the federal Office of Juvenile Justice and Delinquency Prevention (OJJDP). PbS consists of a set of reportable data used by juvenile justice facilities in the following categories: (1) safety; (2) security; (3) order; (4) health and mental health services; (5) justice and legal rights; (6) programming; and (7) reintegration planning.
The definitions created by PbS were developed by some of the top experts and professionals in the juvenile justice field under the guidance of OJJDP and these standards have been refined over time. PbS standards represent the most comprehensive and complete attempt to accurately categorize and record the operation of juvenile corrections institutions. In my view, the PbS standards, while not perfect, are superior to any other professional standards that I have reviewed in the juvenile justice field.17
The benefits of PbS are many. In addition to establishing pre-defined and less subjective definitions for incidents, participation in PbS connects the individual facility to a larger community of juvenile justice jurisdictions, institutions, and professionals. When an agency joins PbS, for example, a PbS consultant is assigned to each site to guide implementation of the standards. After each bi-annual report to the national organization, jurisdictions can evaluate their performance over time and compare it to other similarly-situated facilities with the goal of evaluating progress and in determining where improvements need to be made. The PbS consultant then works with staff at each site and facilitates the development of local action plans to respond to selected PbS items.
The latest PbS data collection for IDJJ facilities was completed in April, 2013, and can help shape an understanding of some of the key issues in the R.J v. Bishop case. There are scores of individual PbS
17 Declaration of Barry Krisberg in Jerry M. vs. District of Columbia, June, 2013.
25

Case: 1:12-cv-07289 Document #: 51-2 Filed: 09/23/13 Page 27 of 34 PageID #:768
items, and these can be examined over the past several years, there are also summary tables that that highlight the key findings of each facility.
The PbS data show the key indicators that are above or below the PbS field average—which consists of about 200 juvenile facilities that participate in PbS data collection. This is not a random sample of all juvenile facilities in the United States, and being at the average does not mean meeting a national professional standard. Indeed, the cohort of PbS sites often joined the program after litigation or other challenges, and so the field average may reflect an average of troubled places. Further, the PbS Omnibus Outcome Measures tables show whether the indicator improved or worsened at each facility since the last measurements, six months prior
It is important to note that PbS data were never intended to be used to directly compare facilities or to even to compare special living units within a facility. Many of these measures are dependent on the size of living units, the types of youth who are confined there, lengths of stay, and the different missions of the facilities. This limitation is especially true for IDJJ, which is in the middle of repurposing facilities, transferring large number of youth from closed institutions to open ones, and changing its programs and policies. The PbS data are very helpful in terms of generating a snapshot of facility problems and strengths at a fixed point in time. PbS is also very useful in focusing management attention on areas of needed remedial action.
All of the available Omnibus Outcome tables can be obtained via the IDJJ Central Office. No PbS data were provided to me for the General Population living units at Kewanee for April 2013, due to staff turnover that affected the consistency of PbS data for that part of the facility. Below are some of the important findings for each IDJJ facility
IYC Harrisburg
In the General Population units, there were several areas that were well below the PbS field average. Many of these items pertained to the use and duration of isolation, room confinement, and segregation or special management units. The PbS data also raised concerns about the very low ratio of direct care staff to youth in the living units. One area in which Harrisburg had lowered its ratings over the prior six months was the proportion of youth that felt unsafe, which may be a direct result of staffing shortages. Harrisburg did much better on the low number of youth injuries that were occurring, the low incidence of suicidal behavior by youth, and the low level of assaults by youth on other youth or staff members.
26

Case: 1:12-cv-07289 Document #: 51-2 Filed: 09/23/13 Page 28 of 34 PageID #:769
Responses of youth in the Harrisburg Reception Unit highlighted the short staffing and the amount of waking hours that the Reception youth spend in their rooms. Areas at the Reception Center that were at the field average involved the presence of contraband. Much better PbS scores at IYC Harrisburg reflected the very low level of youth and staff injuries and the rare nature of assaults by youth.
IYC Kewanee
PbS data for April, 2013, are available for the Mental Health and Sex Offender units at Kewanee. Worrisome findings were related to the lack of staffing and the amount of idle time spent by youth. The Keywanee Mental Health Unit had an average higher than the PbS field average for observed suicidal behavior. Several measures of PbS standards involving safety and order concerns were well above the national field average but had improved over the past six months.
The Kewanee Sex Offender unit scored poorly on staff-to-youth ratios and the excessive idle time that youth spend during their waking hours. Suicidal behavior at the Kewanee sex offender unit was slightly below the PbS field average. There had been improvements in the Mental Health Unit in the frequency of assaults by youth over the past half year. The use of restraints and of injuries to youth or staff was well below the PbS field average at the IYC Kewanee Sex Offender Unit.
IYC Saint Charles
Data from the General Population Units reveal significant problems in the areas of use and duration of isolation, room confinement, and the amount of idle time during waking hours. The General Population data also is well below the PbS average in staffing ratios and the use of mechanical restraints. Both youth and staff report levels of fear for their safety than are worse that the PbS average. Although not part of my review, the IYC Saint Charles PbS data showed major problems in almost all aspects of health care and that these issues had gotten worse over the past six months.
On a positive note, the IYC Saint Charles General Population units had low rates of youth and staff injuries or suicidal behavior. IYC Saint Charles showed rates of youth assaults on other youth or staff that were below the PbS field averages. Although not part of my review, the IYC SC data showed major problems in almost all aspects of health care and that these issues had gotten worse over the past six months.
27

Case: 1:12-cv-07289 Document #: 51-2 Filed: 09/23/13 Page 29 of 34 PageID #:770
The IYC Saint Charles Reception Unit was well below the PbS average of staffing ratios and youth and staff expressing fear for their safety and the extent of youth idleness during waking hours. Several other safety and order issues were at the PbS field average. The Reception Unit did better on the limited use of restraints and a relatively low level of injuries to staff and youth during the application of restraints. The Saint Charles Parole Readjustment Unit had staffing rations that were well below the PbS national average, but it scored better on most other PbS measures.
IYC Warrenville
PbS data on the IYC Warrenville general population units support the perceptions of the females that there are significant safety issues at the facility. The residents and staff report higher levels of fear for their safety, but there are also higher than the field average reports of youth assaults and fighting and contraband. The higher fear levels for staff and youth are also seen in the IYC Warrenville Reception Unit.
IYC Warrenville has relatively higher rates of the use of mechanical restraints and a greater use of isolation and room confinement than other PbS facilities. Due to the infusion of staff from IYC Joliet, IYC Warrenville has a staffing ratio close to the PbS field average. Rates of suicidal behavior at IYC Warrenville are above the PbS national average, but injuries to youth from assaults or the use of restraints are reported as relatively low. Other safety and security matters are at IYC Warrenville are closer to the PbS field average.
IYC Chicago
This is a small facility that mostly houses youth with short-term stays for parole violations or those who are returning home soon. IYC Chicago staffing ratios are below the PbS averages, and this contributes to lots of idleness for youth during waking hours. There were several safety concerns reported at IYC Chicago including youth fighting and injuries to youth. The PbS data suggests problems with the use and duration of isolation or room confinement. The PbS data suggest that there have been a range of healthcare concerns at IYC Chicago but that there has been steady progress in many of these areas. There has been a recent reduction in the rate of youth assaults.
28

Case: 1:12-cv-07289 Document #: 51-2 Filed: 09/23/13 Page 30 of 34 PageID #:771
Pere Marquette Step Down Unit
This facility reports moderate problems in terms of staff and youth expressing fear for their safety. IYC Pere Marquette staffing levels are improving and are close to the PbS field average. Idleness of youth during waking hours remains an issue at IYC Pere Marquette. Most other safety and order issues are well above the PbS field averages.
Emerging Principles of Adequate Practices in Juvenile Corrections
Last year, the National Research Council (NRC) of the National Academy of Sciences produced a comprehensive and thorough review of the best research on effective juvenile justice programs.18 This prestigious study described the core ingredients of a successful juvenile corrections system. This report provides detailed descriptions of successful programs based on sound research and evaluations. The NRC report should be the touchstone of meaningful reforms in the IDJJ
The first principle of this approach is accountability. Youth are expected to take responsibility for their actions and the foreseeable consequences of their actions. This process of youth accepting responsibility for proven wrongdoing must be consistent with their legal rights. The NRC also emphasized the value of the constructive engagement of family members in this process to help the youth accept responsibility and to help carry out the court’s requirements.
Most important, the NRC urged that incarceration be used very sparingly and only in response to serious offending or reoffending. Alternatives to incarceration, such as community service and restitution to victims and the community, are preferred. The NRC also discouraged the public release of juvenile records or any other policies that reduced youth opportunities to transition to a successful law abiding life.
To prevent reoffending, the NRC urged that the juvenile justice system adopt structured risk and needs assessment instruments that identify those youngsters who can be safely managed in the community and which allow facilities to focus on more intensive interventions on higher-risk youth. These tools are
18 National Research Council. (2012), Reforming Juvenile Justice: A Developmental Approach. Richard J Bonnie, Robert L Johnson, Betty Chemers and Judy Schuck, Eds. Committee on Law and Justice, Division of Behavioral and Social Sciences and Education. Washington, DC: The National Academies Press.
29

Case: 1:12-cv-07289 Document #: 51-2 Filed: 09/23/13 Page 31 of 34 PageID #:772
also vital in matching specialized treatments to youth needs. The NRC urged that juvenile corrections employ well defined interventions that are based on scientific principles of adolescent development and that are responsive to each youth’s unique needs and social backgrounds. Programs that have been shown by rigorous research to be ineffective or harmful should be eliminated. These include programs such as punitive “boot camps,” “scared straight” programs, and interventions based on the principles of “tough love.” Although these approaches have a good deal of popular support in the community and in the justice system, there is mounting evidence that they do more harm than good. Juvenile justice agencies are urged to collect accurate data on the type and intensity of treatment interventions that are provided and the outcomes that are achieved.
The NRC advocated the expansion of principles of fairness throughout the juvenile justice system. This includes ensuring that all youth are properly represented by trained counsel. It is also expected that youth must be capable of understanding juvenile justice proceedings and that they can actively participate in all proceedings. The NRC highlighted that youth need to perceive that they are treated fairly and with dignity. Also, the NRC spoke to the need to reduce racial and ethnic disparities in the juvenile justice system, as well as unequal treatment of females and LBTGQ youth. The NRC urged the creation of objective measures of fairness based on legal criteria as well as the perceptions of youth, their families, and victims.
There are many other very valuable descriptions of successful juvenile corrections programs that have been published by the Annie E. Casey Foundation, the Pew Trusts, the Vera Institute of Justice, and the Justice Policy Institute. Closer to home, IDJJ can draw on the excellent research and policy materials on corrections programming and reentry produced by the John D. and Catherine T. MacArthur Foundation, the Chicago Community Trust, the John Howard Association, the Northwestern University Children and Family Justice Center, and the University of Chicago Chapin Hall. IDJJ already is tapping into these excellent juvenile justice resources and should broaden its efforts in this area.
Priority Areas for Remedial Plans and Actions for IDJJ
There are many areas of needed remedial action for IDJJ. Here are some suggestions for areas that require immediate attention:
30

Case: 1:12-cv-07289 Document #: 51-2 Filed: 09/23/13 Page 32 of 34 PageID #:773
Agency/Facility/Operations
 Develop accurate forecasts of the size and characteristics of the IDJJ resident population, given possible alternative law and policy changes over the next five years.
 Review existing IDJJ bed capacity and determine the appropriate missions for or repurposing of existing IDJJ facilities.
 Conduct an objective staffing analysis for IDJJ facilities for direct care staff, counselors, MH staff, parole staff, and teachers.
 Confer with courts, probation, the Department of Public Welfare and the IDOC on ways to limit the adverse effects on IDJJ operations of writs, parole policies, and impediments to successful reentry.
 Eliminate the current practices of confinement; develop least restrictive alternatives for youth requiring special treatment; develop evidence-based interventions for IDJJ youth manifesting serious behavioral problems.
 Create home-like environments in IDJJ facilities as much as possible.  Reduce the prison-like feel of IDJJ facilities and allow youth to wear clothing that is more
appropriate for students.  Strengthen and adequately fund IDJJ internal investigations of alleged staff misconduct.  Develop realistic plans and request budgetary support to repair and improve existing
substandard IDJJ institutions.  Build a comprehensive, research-based and well-funded IDJJ approach to community reentry for
all residents.
Addressing Youth Needs
 Eliminate the numbers of youth who stay in IDJJ facilities beyond their release dates due to lack of suitable community placements. Create dedicated staff who expedite return home of youth who are past their ARDs or who are on parole awaiting release pending a suitable placement.
 Provide non-custodial sanctions for those youth in IDJJ who do not pose a serious threat to public safety, and who could be better rehabilitated with their families or in the community.
 Expand the number of work and vocational opportunities for youth in IDJJ facilities.  Create a comprehensive approach to expand the involvement of the family members in IDJJ
programs. 31

Case: 1:12-cv-07289 Document #: 51-2 Filed: 09/23/13 Page 33 of 34 PageID #:774
 Strengthen and improve the existing youth grievance system and provide the services of an Ombudsperson to IDJJ youth.
 Establish clear standards for the timeliness and effective delivery of medical, dental, and mental health services.
 Ensure that access to religious services is respected and provided to all IDJJ youth who request these services.
 Expand opportunities for youth to exercise leadership skills in IDJJ programming.  Upgrade the quantity and quality of healthy food offered to IDJJ residents, especially increasing
the availability of fresh vegetables and fruit, while reducing excessive fat, carbohydrates, and starch.  Develop clear policies and practices for meeting the needs of LGTBQ and transgender youth.
Data
 Implement accurate data collection systems that are useful to management and that assess the extent of violence in IDJJ facilities and the use of force.
 Conduct systematic, rigorous follow-up studies on the outcomes of youth who exit IDJJ facilities.
Treatment/Activity
 Increase the amount and quality of treatment programs for youth suffering from childhood and adolescent trauma issues, chemical dependency, anger management, and other mental health issues.
 Expand educational and vocational offerings for IDJJ residents, especially for those youngsters with GEDs or high school diplomas.
 Develop a comprehensive Illinois Rehabilitation Model based on evidence-based programs.  Implement a standard program service day that ensures that all IDJJ youth spend most of their
waking hours out of their rooms and involved in education and other pro-social activities.  Expand recreational, sports and exercise opportunities for all IDJJ youth.
Staff Training
 Enhance staff and management training on the requirements PREA, the Americans for Disability Act, and other pertinent Illinois civil and criminal codes.
32

Case: 1:12-cv-07289 Document #: 51-2 Filed: 09/23/13 Page 34 of 34 PageID #:775
 Expand training and programming of IDJJ staff and managers in gender-responsive and culturally sensitive programs.
Next Steps I would encourage a meeting of the court experts with top IDJJ managers after the expert reports have been formally submitted to the Court. It would be helpful to arrange a three-day retreat where the IDJJ staff that will meet with the Court Experts and be responsible for developing remedial action plans. This retreat would allow that plans and schedules for the remedial plans to be developed with significant participation with the court experts. It may make sense to organize a separate meeting with the plaintiffs’ counsel and court experts to clarify issues and address their concerns. Because additional resources will be needed to accomplish many of the goals of the remedial plans, it is suggested that potential funding sources including the philanthropic community, OJJDP, other relevant Illinois state agencies, the Governor’s Office, and the legislature be brought into these discussions at an early stage. If the support is feasible, IDJJ staff should conduct site visits of exemplary juvenile corrections programs in other locations. Those juvenile justice and criminal justice leaders including judges, law enforcement, state’s attorneys, public defenders, probation, and parole leaders should also be invited in early to learn about the findings of the Court Experts and suggested remedial strategies. Attention should be paid to educating the media on the positive role that can be played to inform the citizenry on the benefits of improving IDJJ.
33

Case: 1:12-cv-07289 Document #: 51-3 Filed: 09/23/13 Page 1 of 19 PageID #:776
Attachment 3

Case: 1:12-cv-07289 Document #: 51-3 Filed: 09/23/13 Page 2 of 19 PageID #:777

Education Services and Supports for Students in the Illinois Department of Juvenile Justice

September 20, 2013 Peter E. Leone, Ph.D.

Organization of the Report

Executive Summary

2

Introduction

3

IDJJ Site Visits

4

Student Interviews

8

Personnel and Infrastructure

9

Summary Statement about the Adequacy of

Education Services

10

Strategies for Reform

11

Education, Disadvantage, and the Future of

Marginalized Youth

15

Appendix – Profiles of IDJJ Youth

17

Education Services and Supports in the IDJJ, p. 1

Case: 1:12-cv-07289 Document #: 51-3 Filed: 09/23/13 Page 3 of 19 PageID #:778
Executive Summary
The education program in the Illinois Department of Juvenile Justice (IDJJ) facilities is inadequate. The program operates far below minimally accepted standards at comparable facilities across the country, does not appear to meet minimal standards for education as specified in the Illinois School Code, does not meet the needs of students with disabilities, and appears to violate both State regulations and Federal legislation. At most facilities, students receive less than a full-time education program because of teacher vacancies and lack of support staff. With few exceptions, all students’ education services are provided via an on-line, digital education program; while this meets the needs of some students, particularly those who are highly motivated, it is insufficient as a primary mode of instruction for all students.
During the past six months, I visited five of the six facilities operated by IDJJ. During these visits I interviewed students and staff, observed classrooms, and reviewed documents. I also met with facility leadership and support staff and conferred with the other experts appointed by the Court. There are systemic problems at IDJJ facilities that interfere with the ability of youth to receive services to which they are entitled, to prepare for careers and post-secondary education, and successfully return to their community. More specifically, I found:
• Inadequate instruction and inadequate opportunities for students to learn, • Inadequate special education services, • Minimal career and technical education, • Absence of post-secondary education and preparation for post-secondary education, • Inadequate transition services and supports, • Frequent use of punitive and ineffective responses to student behavior, • Inefficient management of human and fiscal resources, • Inconsistent collaboration between education and custody staff, • Demoralized teaching and support staff, and • Inadequate infrastructure and support for education services.
During my visits I also found students who were enrolled in school and who had not received their high school diploma or GED, mowing lawns and performing other institutional work during the school day. Recreation services were not available for all youth on a regular basis. Students reported that entire units lost recreation time when one student on the unit acted out.
The prior school history and achievement levels of many students in the IDJJ present challenges to the development and sustainability of a quality education program that meets the needs of all youth committed to the IDJJ. However, a number of juvenile facilities across the country have designed and delivered high quality education services to incarcerated adolescents with history of school failure, educational disabilities, and mental health problems that meet statutory and regulatory requirements.
Education Services and Supports in the IDJJ, p. 2

Case: 1:12-cv-07289 Document #: 51-3 Filed: 09/23/13 Page 4 of 19 PageID #:779
Fixing the education program at IDJJ facilities and ensuring that youth receive services to which they are entitled will not be easy. Ensuring that the education program helps youth develop academic, vocational, and technical skills that increase the likelihood that they will successfully reenter the community and not reoffend is imperative. Following the presentation of findings specific to each facility, I discuss student interviews, the adequacy of infrastructure supporting education, and make summary statements about the education program. The report outlines six broad areas of reform: Leadership, Autonomy, & Accountability; Fiscal Structure; Professional Culture and Support; Services, Instruction, and Programs; External Support and Partnerships; and Quality Assurance and Sustainability. I conclude with a discussion and an approach to transform the education and recreation services at the IDJJ facilities.
Introduction
This report was authorized by the R.J. et al. v. Bishop Consent Decree approved by the U.S. District Court on December 6, 2012. The Court-appointed experts in this case were asked to “investigate IDJJ mental health services, general and special education services, room confinement, safety, and commitment beyond release dates for lack of a community placement.1” This report addresses the adequacy of education services and supports in the IDJJ facilities and recommends a course of action to address shortcomings. Some of the concerns and problems identified can be addressed through personnel development, hiring, and changes in supervision and collaboration between custody staff, treatment staff, and educators. Other problems identified will require changes in infrastructure to support education and changes in institutional culture.
This report was developed following multi-day site visits to IYCs at Chicago, Harrisburg, Kewanee, St. Charles, and Warrenville.2 During my visits to the facilities I observed activities in 37 classrooms, interviewed 51 students, as well as teachers and administrators individually and in small groups. I also reviewed segregation unit logs, records of school cancellations, and students’ Individualized Education Programs (IEPs).
Incarcerated youth are among the least academically proficient individuals in society. While incarcerated, youth must have the opportunity to develop knowledge and skills that will assist them in remaining crime free and out of the juvenile and criminal courts following their release. Further, the skills they develop while in custody can increase the likelihood that they will continue their education or training and enter the workforce as productive citizens. 3
1 Paragraph 6, R.J. et al. v. Bishop Consent Decree, Case No. 1:12-cv-7289. 2 IYC Chicago (3/5, 3/6), IYC Harrisburg (6/3, 6/4), IYC Kewanee (7/9-7/12), IYC St. Charles (5/7-5/9), and IYC Warrenville (3/6, 3/7). I did not visit IYC Pere Marquette; it was flooded and youth had been evacuated at the time I planned to visit the facility. 3 See Lockner, L., & Moretti, E. (2004). The effect of education on crime: Evidence from prison inmates, arrests, and self-reports. American Economic Review, 94 (1), 155-189; Lee, S., Aos, S., Drake, E., Pennucci, A., Miller, M., & Anderson, L. (2012). Return on investment: Evidence-based options to improve statewide outcomes, April 2012
Education Services and Supports in the IDJJ, p. 3

Case: 1:12-cv-07289 Document #: 51-3 Filed: 09/23/13 Page 5 of 19 PageID #:780
In all states, eligible incarcerated youth are also entitled to special education and related services under the Individuals with Disabilities Education Act (IDEA) and corresponding state laws and regulations. Youth are also entitled to the protections and supports associated with Section 504 of the Vocational Rehabilitation Act and the Americans with Disabilities Act (ADA). In many states including Illinois, juvenile justice agencies have the authority to provide education services and related supports and function in some respects like school districts In other states local school districts operate education programs (OK, OR, UT, WA) and in other jurisdictions charter schools or private contractors operate education program in juvenile detention and commitment facilities (FL, DC). Other states have a combination of public and private agencies provide education services (MA, MD). While there is no one best model for providing services, professional autonomy, accountability, fiscal support, and transparency are key elements of quality programs.
IDJJ Site Visits
IYC Chicago
On the days I visited IYC Chicago, there were approximately 92 students in the facility. Of that number, 68 were enrolled in school and 42 students or 62% of those in school were identified as needing special education services. The school staff consisted of a principal, a diagnostician, a librarian, a secretary, and six teachers. Academic instruction at IYC-Chicago is primarily based on the Pearson Florida Virtual School program with few exceptions. During my visit I found students in most classes completing coursework on-line. I found group instruction in the life skills class and in social studies where students were taking notes and preparing for a quiz on the American Revolution. In the special education class, I found students working in pairs studying for a spelling test. In contrast to some of the other facilities, most students who were enrolled in school attended for a full day.
One group of students at IYC Chicago who did not attend school was parole violators. Observations and an interview with one youth indicated that parole violators who may have been returned to custody for failure to keep curfew or attend school, received no education services when returned to IYC Chicago. Students placed in “Unit D”, the parole violators unit, appeared to spend their time completing crossword puzzles, watching TV, and playing cards. While the intent of the parole violators’ program was to place students “half-way back” into the system, I found no rational justification for failure to provide education services to these youth, many of whom were enrolled in high school or alternative school in the Chicago Public Schools.
(Document No. 12-04-1201). Olympia: Washington State Institute for Public Policy, http://www.wsipp.wa.gov/rptfiles/12-04-1201.pdf
Education Services and Supports in the IDJJ, p. 4

Case: 1:12-cv-07289 Document #: 51-3 Filed: 09/23/13 Page 6 of 19 PageID #:781
IYC Harrisburg
At the time of my visit there were 210 youth at Harrisburg. Of this number, 188 were enrolled in school. Twenty teachers including six from Southeastern Illinois College (SIC)4 provided instruction at Harrisburg. Because of staff shortages, not all living units attended school fulltime. According to staff, during any given week several units are held back from school because of an insufficient number of teachers. Students in the confinement unit as well as those in reception receive no education services. Students who have received their high school diploma as well as those with a GED certificate do not attend school.
With the exception of the career and technical education classes, all instruction at Harrisburg is web-based. Several teachers interviewed during my visit estimated that about half of the students benefited from the on-line instruction and their ability to accelerate their high school credit accumulation. While some students during interviews reported that they liked being able to work at their own pace, others complained bitterly about the lack of direct instruction and their teachers’ inability to assist them. Typical responses from students who did not feel that they were benefiting from the web-based instruction were, “teachers don’t know the content we’re studying” and “we don’t learn nothin’, we’re just on computers all day.” Because students can work on any course modules in any class and at their own pace, their claim that teachers don’t know the content they (the students) are working on has validity.
In addition to intake, segregation, and general population units, Harrisburg has a behavioral unit referred to as the Phoenix Program. Based on Moral Reconation Therapy (MRT), this program is designed to decrease recidivism among juveniles by increasing moral reasoning. The Phoenix Program at Harrisburg has the capacity for 15 youth and is designed to last 9-12 weeks. Students move through several stages while in Phoenix and earn increasing privileges. Students in the Phoenix Program do not attend school with youth in the school building. Rather, a maximum of five students in Phoenix can attend a class in a small room on their living unit that is devoid of any instructional materials or displays. Until recently, according to the teacher, students were shackled to the floor next to their desks during class. I was assured that this was no longer occurring. During my visit I observed three students in the classroom in the Phoenix living unit completing MRT worksheets under the direction of the teacher. Students in the Phoenix program did not receive the regular curriculum during the time they were on the unit and they did not attend school every day.
Boys I interviewed who had received their high school diploma or GED certificate had very limited options. Because there is no librarian at Harrisburg, students who are not in school had very limited access to books. Most of these students had jobs in the facility but were not enrolled in coursework or programs that led to certification or completion of college credits.
4 According to staff I interviewed, on June 30, 3013, SIC terminated a long-standing contract with the IDJJ. Six teachers who provided career and technical education classes and one program coordinator from SIC were terminated.
Education Services and Supports in the IDJJ, p. 5

Case: 1:12-cv-07289 Document #: 51-3 Filed: 09/23/13 Page 7 of 19 PageID #:782
Several students commented on vocational and career interests but indicated that there was no instruction and no access to books or counseling relative to their post-institutional interests.
While the focus of my interviews with youth was the education program, youth offered unsolicited comments on the language used by custody staff. Several boys, independently of one another, said that staff regularly swore at them and used homophobic slurs. Several youth reported that staff regularly took away shower and recreation time for an entire unit because one or two youth used foul language or because they were talking in line.5
IYC Kewanee
There were approximately 220 youth at IYC Kewanee at the time of my visit. Of this number, 140 were enrolled in school. Those not attending school included high school graduates and GED certificate recipients as well a few youth over age 18 who did not want to attend school. The education staff included nine teachers, a librarian, an office coordinator, and a school principal. There were eight teacher vacancies at the time of my visit. Students at Kewanee attended school from six to twelve hours each week depending upon their living unit; this has been the practice since February 2013 according to staff. None of the students enrolled in special education were receiving the services as specified on their IEPs or Individualized Education Programs and only 25 of the approximately 90 students’ IEPs were up to date.
Like other IDJJ facilities, nearly all instruction was individualized and web-based. I observed no group instruction and no warm up or concluding activities during my classroom visits. Students reported to me during interviews that some students complete work for others in the virtual classroom; they reported that it was not difficult to get help from other students. During my observations I found some students engaged and working diligently at their computers and others waiting for videos that were embedded in the instruction to load.6 I also observed students chatting with other students and not engaged in educational activities.
During my visit to Kewanee I met with a group of teachers and discussed the status of the education program with them. They were concerned about the long-term status of the facility, about the challenges associated with the virtual classroom instruction, and the feasibility of having post-secondary education available for students at Kewanee. The teachers appeared to be committed to their work but they were frustrated by the lack of support for instruction and their inability to provide full-time school for their students.
There was only one vocational class available at Kewanee and the teacher was out on medical leave at the time of my visit. Like other facilities in the IDJJ, there are no substitute teachers at Kewanee and when teachers are absent, most often classes are cancelled and students return to
5 Students reported that this occurs regularly on Unit 6 and on Unit 9, second shift at Harrisburg. 6 At Kewanee, adequate bandwidth for the web-based education program was a serious problem.
Education Services and Supports in the IDJJ, p. 6

Case: 1:12-cv-07289 Document #: 51-3 Filed: 09/23/13 Page 8 of 19 PageID #:783
their living units. Kewanee has four vocational classrooms but two of the four classrooms have been converted to offices for custody staff.
IYC St. Charles
At the time of my visit there were approximately 160 youth at IYC St. Charles. All students enrolled in school attended either mornings or afternoons. Students in the intake unit as well as those in Taylor, the segregation unit receive no schooling. Because of staff shortages, training activities, and other events, school also has been cancelled at St. Charles on a regular basis. For example, in March 2013 school was cancelled for five full days and three half days. In April 2013 school was cancelled four full days and three half days. Because students only attend class in the morning or afternoon, under a best case scenario, students received the equivalent of six to eight full days of school during each of these two months.7, 8
The teaching staff at St. Charles consists of six general education teachers, five special education teachers, and a vocational education instructor. Two of the teachers are on long-term medical leave and like other IDJJ facilities there are no substitute teachers to cover their classes. Currently there are eight teacher vacancies at St. Charles. In contrast to the other facilities, the instruction at St. Charles was a mix of web-based and traditional instruction. During my classroom observations I found most students in the digital classrooms actively engaged in instruction. In a traditionally taught English class, I found a group of eight students reading and discussing a text about Malcolm X. The students in the class were asking and responding to questions and listening respectfully to the teacher and each other.
During the half day that students are not in class, many are brought to the library, a spacious room with books lining the walls, 12-15 tables in the center of the rooms, and no librarian. I spent several hours one day in the library interviewing students and observing. A few students were reading independently, many were playing cards or talking, and periodically, a few were running around the room. These youth would return to a seat after a custody staff member directed them to do so.
St. Charles has one vocational program in building trades. However, at the time of my visit students were engaged in production work for the facility. A team of six students lead by their teacher and supervised by custody staff was building shelves for the institution. While there is some benefit associated with learning to work as a team and follow directions, this was not a class with a curriculum in which students learned a set of skills and progressively become more
7 Students in public school systems attend class on average, 20 or 21 days each month. 8 Security staff shortages continue to have an adverse impact on the education program at St. Charles. On September 4, 2013, school was cancelled at the facility because there was not a sufficient number of security staff available.
Education Services and Supports in the IDJJ, p. 7

Case: 1:12-cv-07289 Document #: 51-3 Filed: 09/23/13 Page 9 of 19 PageID #:784
competent at measuring, cutting, and finishing a set of projects.9 Near the building trades program was vacant greenhouse that was used at one time for instruction but that currently was vacant.
IYC Warrenville
On the days I visited IYC Warrenville there were approximately 42 students, six teachers, and one vocational instructor at the facility in addition to the principal. Seven of the 42 students or about 17% had received a high school diploma or GED. Some of these students worked in the kitchen others came to school and participated in a computer technology program though only one youth was enrolled in a post-secondary school program. Several students were enrolled in an on-line Spanish class and had a tutor 4-6 hours each week. The principal indicated that the students at this facility, the only girls’ institution in the IDJJ, participated in field trips off grounds each quarter.
Similar to the other IDJJ facilities, instruction at IYC Warrenville was primarily web-based, online instruction. Staff reported that while the average length of stay at this girls’ facility was six months, some girls are confined there for more than a year. Classroom observations showed students working independently at computer terminals often on coursework outside of the area of expertise of the teacher in the classroom. In one class, I was asked if I knew anything about social studies. One student was having difficulty and the teacher assigned to the class, a certified math teacher, was not able to respond to the student’s question.
Student Interviews10
During my site visits I interviewed 51 youth including some in the intake and segregation units, those who were high school diploma or a GED recipients, and students on general and specialized housing units. Students’ comments indicate that while a few feel very positive about on-line instruction, the virtual school, and their ability to accelerate the rate at which they earn high school credits, the majority of youth are bored or feel overwhelmed by current instructional arrangements.
When asked about interests and aspirations, a few students spoke about specific careers and postsecondary programs. Many expressed an interest in playing sports professionally or working in a profession that required a college diploma or post-graduate degree. While some of these youth appeared to have the ability to enter these occupations, they were uninformed about how to pursue these aspirations. Some youth, when I asked about what they anticipate doing five years
9 Most likely the teacher in this class would differ with my assessment of the value of the work the students were doing on the day of my visit and whether or not it is appropriate to have students engaged in production work in lieu of learning new skills. Given the dearth of other career and vocational activities and the half-day school schedule, the students appeared to be enjoying the building trades program. 10 Profiles of a representative set of student are presented in the Appendix.
Education Services and Supports in the IDJJ, p. 8

Case: 1:12-cv-07289 Document #: 51-3 Filed: 09/23/13 Page 10 of 19 PageID #:785
from now, responded by saying things like “I have no idea,” “I have to think about that,” and “I’ll be working a good job.” In response to this last comment, I would ask “what type of job?” and would often hear in reply, comments like “maybe construction” or “maybe work in a restaurant.” Many youth commented on the lack of career and technical education courses. High school graduates and GED certificate recipients in particular, indicated that they would like to have coursework that led to certification and entry-level employment.11
Personnel and Infrastructure
A serious problem with the education program is the lack of infrastructure to support the education program. Inadequate infrastructure contributes directly to the lack of compliance by the IDJJ with State regulations and Federal legislation. At the facility level, the absence of school counselors, librarians, substitute teachers, and administrative assistants has a profound impact on the quality of services.12 For example without school counselors, obtaining prior school records, updating transcripts, and ensuring students are enrolled in appropriate courses does not happen in a timely basis if at all before students are transferred from the facility.13 In the absence of librarians, students have difficulty obtaining books that are not provided to them by their teachers.14 Students who have received their high school diploma or received their GED certificate reported that they were not able to obtain books unless they borrowed them from other students. In the absence of librarians, it appears that custody staff makes decisions about what constitutes appropriate reading material for youth. For example while some youth reported that their favorite author was James Patterson, other youth at the same facility indicated that they were not allowed to read Patterson’s books.15
In the absence of administrative assistants, school principals and teachers make requests for school records including IEPs. Staff at several facilities stated that they do not receive school records in a timely manner and do not receive prior school records for about half of their students. Another consequence of not having support staff is that when students who have left the facility request copies of transcripts or evidence a high school diploma, they often wait months to receive them. This delay has a major impact on the ability of youth to enroll in community college, other post-secondary programs, or obtain jobs. Lack of support personnel at the school level makes it virtually impossible for the principal to function as an instructional
11 At the time of my visits, one student at IYC Warrenville was enrolled in an independent study course at the College of DuPage that was being paid for by a Board member from Story Catchers. A number of students at Harrisburg were enrolled in courses at the facility taught by Southeastern Illinois College until June 30, 2013. 12 Harrisburg and Kewanee had administrative assistants in the school at the time of my visit; the administrative assistant at Kewanee was recently promoted and this position in the school is currently vacant. 13 A student at Harrisburg commented that he was enrolled in a course that he had already completed. Teachers at Kewanee spent a good deal of instructional time updating students’ transcripts and performing some of the tasks performed by school counselors. 14 IYC Kewanee has a librarian though students reported difficulty obtaining books. IYC Chicago has a librarian. 15 In other juvenile facilities, the librarian in collaboration with custody staff, reviews books and determines which ones are acceptable in the facility.
Education Services and Supports in the IDJJ, p. 9

Case: 1:12-cv-07289 Document #: 51-3 Filed: 09/23/13 Page 11 of 19 PageID #:786
leader. Because principals have by default assumed many administrative and support functions, they are infrequently in classrooms supporting teachers.
At the school district level, there is a dearth of professionals to handle the range of activities associated with the operation of a school district. The superintendent of schools,16 a special education coordinator, several psychologists, and a career and technical education coordinator appear to manage the core functions for the school district. Given the size, geographical dispersion of the facilities, and the need to manage student transfers, records, and coordinate special education services, the number of central office education staff is insufficient.17
Another significant challenge is the current system for hiring teachers and other education staff. Currently, all teachers as State employees are hired through a centralized system that is cumbersome and inefficient. Principals stated that it takes from 6 to 8 months to replace teachers. Further, notices of teaching vacancies at IDJJ facilities are not advertised through the State Board of Education. Many of the best and most highly qualified teachers who have applied for IDJJ have found jobs by the time that the IDJJ staff is able to interview prospective candidates.
Summary Statements about the Adequacy of Education Services
The education programs at the facilities operated by IDJJ are grossly inadequate. Most students do not receive services to which they are entitled under federal and state laws and regulations. At no IDJJ facility I visited, did all students receive a full day of instruction in part because of unfilled teacher vacancies. At each facility, students on isolation units, those on special housing units, and parole violators received no education or considerably less education than other youth in the institution. At some facilities, even when students received a half day of instruction, school was cancelled frequently because of an insufficient number of security staff.
For students eligible for special education services, inadequate resources have created a one-sizefits-all model for many students. While some students receive some of the services as specified on their IEPs (individualized education programs), many others who needed more intensive supports do not receive them. In some instances special education students did not receive any services because of laborious, centralized hiring practices and lengthy delays in filling teaching vacancies.18 The dominant mode of instruction for all youth at all facilities is the Pearson Florida Virtual School program. While this meets the needs of some students, problems with its implementation and the lack of group interaction with other students and teachers does not facilitate a host of essential social skills and collaborative learning opportunities. During
16 The IDJJ Superintendent of Schools resigned in August 2013 as this report was being written. A teacher from IDJJ Harrisburg has been assigned as the Acting Superintendent. 17 Insufficient staff makes it difficult to coordinate special activities, pursue grants and other supplemental funding opportunities, and provide adequate supervision. 18 For example, the IDJJ has just begun to contact candidates for positions that were posted last April on the State website. Needless to say, well-qualified candidates have taken positions during the past four months and have begun employment with other school districts.
Education Services and Supports in the IDJJ, p. 10

Case: 1:12-cv-07289 Document #: 51-3 Filed: 09/23/13 Page 12 of 19 PageID #:787
interviews, students shared with me the ease with which it is possible to complete modules and earn credits with minimal effort. These comments confirmed some of what I saw during my classroom observations.19
None of the facilities I visited had guidance counselors and few had librarians. While each facility had library space, regular student access to the libraries and support for literacy activities was a serious problem. The facilities had very few volunteers working with students.20 In general, the quality of instruction and the infrastructure to support the academic and vocational programs at the IDJJ facilities was inadequate. Under current arrangements, many students do not receive services to which they are entitled and many do not experience normative adolescent high school activities associated with positive leisure time and recreation activities and successful transition to their home communities. My observations and interviews with youth indicated that many students are not challenged intellectually by the academic program.
The career and technical education program (CTE, or vocational education) is wholly inadequate. Several sites have one or two classes but student access is limited to only a handful of students and in one instance, the CTE class was doing production work for the facility. Students who have received their high school diploma or GED certificate have literally nothing to do. They spend long hours mostly in their living units playing cards and watching TV. While some have jobs and participate on work crews, these assignments are not structured in a way that enables youth to earn certification and prepare for transition to the community and competitive employment. High school graduates and GED certificate recipients with a few exceptions do not have access to community college courses, career guidance, and adequate transitional support.
Strategies for Reform
Transforming the education program for adolescents and young adults in the IDJJ facilities will require bold action. Incremental steps such as filling vacant teaching positions more rapidly, doubling down on staff development activities, or upgrading technology for classrooms are laudable actions; however, in the absence of a strategic plan that includes both short-term and long-term steps and regulatory or statutory reform many of the structural problems in the current system will not be fixed. The recommendations presented below are organized into five broad areas that provide a framework for the education reform. Other states and local jurisdictions including the District of Columbia, Delaware, Hawaii, and Los Angeles County to name a few,
19 I have observed well-implemented web-based instruction in juvenile corrections. Used as a part of a blended approach to learning, this approach can met the needs of some learners and enabled them to accelerate the accumulation of high school credits. In the IDJJ facilities, the web-based program in unevenly implemented, not properly monitored, and used as the only means of instruction for most students. 20 Several facilities had volunteers who supported the education program at worked 1:1 with individual youth. Staff reported difficulty and lengthy delay in getting volunteers screened and approved. The numbers of volunteers bear this out; Warrenville had one or two tutors and Kewanee had one tutor supporting the school program. In Delaware and New York for example, community partners provide scores of volunteers – often retired citizens – who visit facilities on a weekly basis and provide support to students and the school program.
Education Services and Supports in the IDJJ, p. 11

Case: 1:12-cv-07289 Document #: 51-3 Filed: 09/23/13 Page 13 of 19 PageID #:788
have made significant changes to the operation of their school programs in recent years. Administrators, policy makers, and politicians have discovered that reforming education in juvenile corrections to resemble services and supports that would be acceptable for their own children does not compromise institutional security and can lead to better post-institutional outcomes.
Six broad areas and recommendations for reform include:
1. Leadership, Autonomy, and Accountability
a. Publically commit to the transformation of education in the facilities. Convene a stakeholders’ advisory group to support the efforts of the Director of IDJJ and staff in making critical changes.
b. Establish a mission and vision for the education program. c. Develop a timeline for transformation of the education program d. Review the operations of IDJJ School District #428; ensure that it can function in
most respects like a local education agency. a. Obtain authority to control the hiring and job posting for IDJJ teaching and other professional position. Current arrangements directly contribute to IDJJ’s high rate of teacher vacancies and failure to provide services consistent with state regulations and federal legislation.
e. Pursue enabling legislation or regulations that enable IDJJ to operate an education program comparable in quality to those available to other adolescents and young adults in the State. a. Consider transforming the current school calendar and contract terms for teachers to an annual 9 + 2 month arrangement. 21, 22
f. The Illinois State Board of Education should exercise its responsibility to evaluate the special education services in IDJJ facilities.23 The current program appears to be in violation of both State regulations and Federal legislation.
21 The current school schedule enables teachers to take vacation days nearly any time during tradition school semesters. Under a 9 + 2 arrangement, all teachers would have the same vacation days, similar to the operation of the public schools. This arrangement could give teachers the option of working 9 or 9 ½ months rather than 12 and would provide IDJJ with a stream of well-qualified summer school teachers who might be interested in fulltime employment with IDJJ in the future. 22 In 2012, the Los Angeles County Office of Education, the education agency that provides education services to youth in 15 long-term juvenile facilities in the County, renegotiated its contract with teachers to a 10 + 1 contract in order to provide more stability to the education program and eliminate a high rate of absenteeism during the school semesters due to teacher vacations. 23 See IL Administrative Code, TITLE 23: EDUCATION AND CULTURAL RESOURCES, SUBTITLE A: EDUCATION, CHAPTER I: STATE BOARD OF EDUCATION, SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS PART 226 SPECIAL EDUCATION, SECTION 226.760, Evaluation of Special Education.
Education Services and Supports in the IDJJ, p. 12

Case: 1:12-cv-07289 Document #: 51-3 Filed: 09/23/13 Page 14 of 19 PageID #:789
g. Ensure that funding mechanisms and plans for transformation of the education program provide access to all coursework, examinations, and experiences required for high school graduation.
h. In the event that the IDJJ is unable to obtain authority and autonomy for the education program that enable it to comply with IL State Board of Education regulations and federal legislation, the IDJJ should establish the legal and political framework to establish, i. Charter school status, ii. Purchase of services agreements, and/or iii. Contracts for service delivery by an outside organization or group to operate the education program in IDJJ facilities.24
i. Pursue accreditation for school programs through North Central Commission on Accreditation and School Improvement.25 If contractors or charter schools operate education in facilities, require that they pursue accreditation.
2. Fiscal Structure
a. Develop per-pupil funding mechanisms to ensure adequate fiscal support for the education programs. i. The high percentage of youth eligible for special education services and the mobility associated with institutional placements require a weighted funding above the average per-pupil costs for the State. ii. Explore school district of origin as a source of funding as well as other options.
3. Professional Culture and Support
a. Link the mission and vision developed for the education program to the development of professional learning communities at each facility.
b. Use professional learning communities to support instructional excellence. c. Align activities recommended by the Courts’ experts for general conditions and
mental health with education to create a positive youth development culture with each facility.
4. Services, Instruction, and Programs
24 At the Wayne County, Michigan Juvenile Detention Facility, a charter school operates the education program. At New Beginnings, the long-term juvenile corrections facility for the District of Columbia, the See Forever Foundation operates the Maya Angelou Academy under contract with the DC Department of Youth Rehabilitation Services. 25 See http://www.ncacasi.org/. During the past 25 years, an increasing number of education programs in juvenile corrections have become accredited by professional associations. Juvenile correctional facilities in Alabama, California, Delaware, Hawaii, and the District of Columbia are accredited and meet many of the same standards associated with the operation of the public schools.
Education Services and Supports in the IDJJ, p. 13

Case: 1:12-cv-07289 Document #: 51-3 Filed: 09/23/13 Page 15 of 19 PageID #:790
a. Develop an instructional model that provides both traditional classroom instruction as well as web-based credit recovery options.
b. Develop data systems to support instruction. The current Pearson Virtual School program could be linked to a new system that included special education, career and technical education, and post-secondary education.
c. Revise the curriculum and improve instruction. d. Hire a curriculum specialist who can provide professional development activities
and support and participate in the teacher evaluation process. e. Develop elective coursework; develop a unique summer school program. f. Deliver special education services to eligible youth
i. Ensure that services and supports comply with federal and state law. ii. Implement IEPs as written. iii. Provide related services as specified on students’ IEPs. g. Hire para-professionals to support classroom instruction h. Hire clerical staff or paraprofessionals to assist in managing paperwork, scheduling IEP meetings, and retrieving and sending school records. i. Develop literacy activities and supports i. Hire media specialists and/or librarians to ensure that all youth have
access to the library on a regular basis. ii. Develop intensive reading program that serves students with low literacy
levels though regularly scheduled support from reading specialists. iii. Develop facility-wide literacy activities and contests. j. Develop a career and technical education (CTE) program
i. Ensure that all residents have access to CTE (or post-secondary) education ii. Ensure that CTE courses enable students to earn certificates recognized by
industry, trade associations, or the Department of Education. k. Review and revise the behavior management system
i. Develop a system of positive behavioral supports26 ii. Work with security, direct care staff, and facility leadership to ensure
school and facility behavior management programs are aligned. l. Develop a Systematic Plan for student access to post-secondary education
i. Develop options for post-secondary education. Develop partnerships with community college programs, and other post-secondary institutions.
ii. Expand post-secondary distance learning; include options like CLEP testing and use of on-line post-secondary instruction.
26 While PBIS (Positive Behavioral Intervention and Supports) exists at some IDJJ facilities, discussions with students and staff indicated that there are often no positive outcomes for students such as special events or activities available to students who perform well.
Education Services and Supports in the IDJJ, p. 14

Case: 1:12-cv-07289 Document #: 51-3 Filed: 09/23/13 Page 16 of 19 PageID #:791
iii. Provide support for students preparing for the SAT, ACT, and preparing college applications. Assist students in completing the FAFSA and identifying and applying for college scholarships.
m. Expand Students Access to Technology27 i. Improve youth access to and use of instructional and communication technology ii. Ensure that software and hardware meets current standards
n. Provide Extra-curricular Activities i. Expand facility-wide recreational and cultural activities
o. Provide Guidance Services. Hire guidance counselors who can assist youth in making academic decisions, tracking credits, and preparing for graduation or program completion.
p. Support Education Aspects of Students’ Transition. Designate staff to assist youth in transition planning for graduation and return to the community.
5. External Support and Partnerships
a. Expand and strengthen the use of community advisory boards to support special activities
b. Further develop community partners in the arts, industry, education, & public service
c. Expand partnerships with faculty in colleges and universities at each facility.
6. Quality Assurance and Sustainability
a. Develop a system of quality assurance that provides internal feedback on the operation of the education program.
b. Ensure that key features and elements of the program as described above are measured
c. Promote a culture of accountability through public dissemination of key indicators of program performance.
Education, Disadvantage, and the Future of Marginalized Youth
In a number of states and the District of Columbia, education services in juvenile corrections have been transformed in recent years.28 Coupled with changes in mental health services and
27 At the Challenger Memorial Youth Center in Los Angeles County, students belong to Kindle clubs and read ebooks; others are enrolled in community college course work via local area networks.
Education Services and Supports in the IDJJ, p. 15

Case: 1:12-cv-07289 Document #: 51-3 Filed: 09/23/13 Page 17 of 19 PageID #:792
conditions of confinement, these reforms have transformed facilities into places where youth strive to do well in school, have hope for the future, and where staff feel more energized and hopeful about their ability to help youth prepare for successful return to the community. With adequate support, many of the recommendations listed in this report can be implemented at minimal cost. Other changes will require legislative or administrative changes that will take time. Phasing in recommended changes over time and across facilities provides the opportunity to generate staff support for changes, fine tune operations, and demonstrate the feasibility of new ways of operating education within the IDJJ. Finally, evidence suggest that evidence-based options including well-designed and implemented education programs, can promote better outcomes for youth as well as fiscal benefits to the State. 29
September 20, 2013
28 Juvenile correctional facilities in Hawaii, Los Angeles County, California, and the District of Columbia have all made major changes to the operation of their education programs in recent years in order to comply with state or federal legislation and the terms of settlement agreements. 29 See Lee, S., Aos, S., Drake, E., Pennucci, A., Miller, M., & Anderson, L. (2012). Return on investment: Evidence-based options to improve statewide outcomes, April 2012 (Document No. 12-04-1201). Olympia: Washington State Institute for Public Policy, http://www.wsipp.wa.gov/rptfiles/12-04-1201.pdf Lockner, L., & Moretti, E. (2004) at 3 above; and Leone, P., & Weinberg, L. (2012). Addressing the Unmet Educational Needs of Children and Youth in the Juvenile Justice and Child Welfare Systems. Washington, DC: Georgetown University, Center for Juvenile Justice Reform, http://cjjr.georgetown.edu/pdfs/ed/edpaper.pdf
Education Services and Supports in the IDJJ, p. 16

Case: 1:12-cv-07289 Document #: 51-3 Filed: 09/23/13 Page 18 of 19 PageID #:793
Appendix: Profiles of IDJJ Youth30
WT is a 20 year-old GED recipient from Chicago. At the time he was interviewed, he had spent 7 months at Kewanee and much of the time he was locked down on his unit or cell because there were no post-secondary school programs and no vocational programs available. He reported spending time on the segregation unit where he had no socks, no underwear, and no eating utensils. While on segregation, he stated that he used pieces of Styrofoam to eat some of his meals. During his time at Kewanee he had never been to the library and had only been to the teen center (a recreation area) once.
SK, an 18 year old from Chicago, had been at St. Charles for 5 months at the time I interviewed him. He complained during our interview that students at the facility only went to school for half days. His favorite subject was math and his least favorite was history. He didn’t know how many high school credits he had but he wanted to finish school. After he leaves the IDJJ, he said he wanted to get a job but he didn’t know what type of work he wanted to do. He reported that he had been enrolled in the wood shop at St. Charles making shelves.
MN, a 17 year-old from Springfield, had been at Kewanee for 9 months when I interviewed him. He felt that the teachers were not teaching him much at all; everything is done on the computer. His favorite author is William Dean Meyers and he is able to get books from the school library. He’s interested in becoming a mechanic after finishing high school or getting his GED. He indicated that he has had no experience or opportunity to learn about becoming a mechanic at Kewanee. When asked what changes to the school program he would recommend, he said make the classes into “book classes; some of the kids here can’t read.”
TD, a 14 year-old from Rock Island, had been at Kewanee for 5 months when I interviewed him. He reported that he didn’t like school at Kewanee at all. He said “I’m not good at computer class. I was in special education. There is no special education here.” He recommended that the school schedule change so that all students could go to school full time. He’s interested in becoming a welder, like his older brother, when he is out of the system. He indicated that he would like to participate in vocational courses if they were available.
AB, a 16 year-old from Kankakee, had been at Harrisburg 6 months when I interviewed him. He said school is “decent” but he claimed that teachers “don’t help us.” He said, “Teachers say, I don’t know, I can’t help you.”
RT, a 17 year-old from DeKalb, had been at Warrenville 15 months when I interviewed her. Her favorite subject was math; she said that biology and history were her most difficult subjects. She
30 In order to protect the confidentiality and anonymity of youth, the initials and some identifying information in the Appendix were changed.
Education Services and Supports in the IDJJ, p. 17

Case: 1:12-cv-07289 Document #: 51-3 Filed: 09/23/13 Page 19 of 19 PageID #:794
likes the web-based instruction and being able to work at her own pace. She said that some other girls do not like the on-line instruction. She belonged to a book club at Warrenville that meets monthly; when I interviewed the group was reading The Other Wes Moore. She recommended that the facility have student government and more speakers. She said that the best part of her day was going back to her cottage and going to sleep. CA, a 17 year-old from Joliet, arrived at Harrisburg in December 2012. He has a high school diploma and is interested in taking business management courses after he leaves the IDJJ. He is an avid reader and said James Patterson and Dan Brown were his favorite authors. He complained that it was very difficult to get books at Harrisburg because there is no librarian and because he is not in school. TK, a 17 year-old from East St. Louis, was interviewed in the confinement unit at Harrisburg. He claimed that this was his fourth placement at Harrisburg. He was in confinement nearly two weeks because there were not enough beds on Unit 2; while on confinement he was locked down 24/7 and stated that he was only out of his cell once each day for a shower. PD, a 19 year-old from Peoria, had been at St. Charles for two months when I interviewed him. He claimed that he learned “stuff” in school but that school was just a half day. When there is no teacher, “we just get placed in the library or gym.” He said that school was boring and that he doesn’t know why students don’t get any homework. His recommendations for improving the school included more fun activities, full-time school, recess time in gym, and homework.
Education Services and Supports in the IDJJ, p. 18

 
 Case: 1:12-cv-07289 Document #: 128 Filed: 03/23/15 Page 1 of 15 PageID #:1500

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

R.J. et al., Plaintiffs,
v. CANDICE JONES,
Defendant.

) ) ) ) ) Case No. 12-cv-7289 ) ) Hon. Matthew F. Kennelly ) )

PLAINTIFFS’ SUPPLEMENTAL SUBMISSION REGARDING IDJJ’s REVISED CONFINEMENT POLICIES

On February 17, 2015, the IDJJ filed revised draft policies on confinement and restraint.

Dkt. #123. On February 18, plaintiffs filed an explanatory memorandum that requested this

Court’s approval of those policies. Dkt. #124. On February 27, this Court instructed the parties

to provide additional information about the confinement policies. Exh. 1 (Tr. 2/27/15); Dkt. 125.

This supplemental submission provides such information. First, it provides a concise

overview of the draft IDJJ confinement policies. Second, it identifies the appropriate legal

standard for evaluating the constitutionality of these policies, to wit: whether they fall within the

range of acceptable professional standards, and do not impose punishment. Third, it summarizes

plaintiffs’ approach to the discussion that yielded these policies. Fourth, it suggests focused

revisions to two policy terms to address concerns raised by this Court.

I. OVERVIEW OF THE POLICIES.

This Court requested information about “what happens in an institution that leads a

member of staff to say this person needs to be in confinement,” including “examples.” Exh. 1 at

p. 3:8-10. Plaintiffs’ understanding is that the IDJJ will provide such information in its own

supplemental submission. Plaintiffs believe it would contribute to this Court’s understanding of

Case: 1:12-cv-07289 Document #: 128 Filed: 03/23/15 Page 2 of 15 PageID #:1501
that IDJJ information for plaintiffs to provide a concise overview of the draft IDJJ confinement policies now before this Court. These policies (a) authorize and regulate six forms of confinement; (b) prohibit all other forms of confinement; (c) require enumerated safeguards for all confined youths; and (d) require supervisory oversight of all confinement.
Moreover, the IDJJ has agreed, by the end of May 2015, to file with this Court an additional policy that expressly requires IDJJ staff to make every effort to avoid any kind of confinement, and when possible to first attempt less restrictive techniques. A. Authorization and regulation of six forms of confinement.
1. Confinement status. Standard to initiate. When a youth “[i] exhibits or threatens violent, aggressive, or uncontrolled behavior and [ii] poses a serious threat to his or her own safety, the safety of others, or the security of the facility.” Dkt. #123-2 at § 240(a) on p. 8. Time limit. Twenty-four hours, or when the youth “regains self-control,” whichever is sooner. Id. at § 240(b) on p. 8. Location. The facility’s confinement unit, or another area designated by the facility’s superintendent. Id. at § 240(a) on p. 8. Oversight. Every hour, a supervisor must meet the youth to assess whether they have regained self-control. Id. at § 240(c) on p. 8. At the fourth hour, and every two hours after that, a mental health professional (if one is present) or other staff trained in crisis response (if one is not) must meet the youth to assist them in regaining self-control and to assess whether they immediately need additional mental health services. Id. at § 240(d) on p. 8. Mental health follow-up. Within 24 hours after confinement began, the youth must be referred to a mental health professional (“MHP”) to determine whether additional treatment
2

Case: 1:12-cv-07289 Document #: 128 Filed: 03/23/15 Page 3 of 15 PageID #:1502
services are needed. Id. at § 240(e) on p. 8. 2. Crisis confinement. Standard to initiate. A youth may be placed on “crisis status” when they “exhibit
behavior suggestive of acute mental or emotional disorder or suicidal ideation.” Dkt. #123-2 at § 210 on p. 4. A youth on crisis status may be removed from their regular housing only when doing so is “required” for “mental health treatment or observation,” as determined by an MHP or other staff trained in crisis response. Id. at § 280(a) on p. 10. If there is “no present risk” of harm, only an MHP may restrict “movement and access to programs and services,” based on a finding of “mental health need.” Id. at § 280(d) on p. 10.
Initial review by a licensed MHP. A licensed MHP must promptly and personally assess youths in crisis confinement, and decide “whether to continue the confinement,” and also whether to provide more treatment services. If a licensed MHP is on grounds, this assessment must occur within one hour. If a licensed MHP is not on grounds, then (i) the on-call licensed MHP must be notified within one hour, and (ii) the licensed MHP must conduct this assessment within one hour of their arrival on site, and no more than 24 hours after confinement began. Id.at § 280(a) on p. 10.
Three-day review by a licensed MHP. If a youth is in crisis confinement for three days, the facility’s Treatment Unit Administrator (“TUA”) must evaluate them and decide whether to seek community psychiatric hospitalization. The TUA must do so in consultation with a licensed psychiatrist and the IDJJ’s Chief of Mental Health. (Under the remedial plan, the TUA must have a Ph.D. or Psy.D., plus appropriate licensure. Dkt. #73 at § II-3.) These decisions must be documented. The IDJJ’s mental health leadership must be immediately notified, and must on a quarterly basis conduct a quality assurance review of these decisions. If hospitalization is not
3

Case: 1:12-cv-07289 Document #: 128 Filed: 03/23/15 Page 4 of 15 PageID #:1503
sought, then within 24 hours a multi-disciplinary team, including a psychiatrist, must create a specific treatment plain likely to end the crisis, and that plan must be implemented immediately. Dkt. #123-1 (draft IDJJ policy on mental health crisis services) at § II(F)(4) on pp. 7-10.
Other mental health safeguards. As set forth below, enumerated safeguards apply to all forms of confinement, including crisis confinement. These include: safety checks every five to fifteen minutes, depending on the level of risk; a daily interview by an MHP, in consultation with a licensed MHP; and continuation of a youth’s ordinary mental health services. See generally infra Part I(C)(1), discussing: Dkt. #123-2 at § 230(d) & (k) on pp. 6-7; and Dkt. #123-1 at § II(E), § II(F)(3)(b)(2)(c), § II(F)(3)(c)(2)(a), & § II(F)(3)(d)(4)(a) on pp 2, 5-6.
Location. Placement in the confinement unit is allowed only if an MHP determines that doing so is “necessary to prevent physical harm to self or others and a less restrictive area is not available or sufficient.” Dkt. #123-2 at § 220(a)(5) on p. 5. Crisis status youths in the confinement unit must be sight and sound separated from other youths, when feasible given the physical layout and youths present. Id. at § 220(a)(5)(C) on p. 5. An MHP shall review the necessity of such placement every 24 hours. Id. at § 220(a)(5)(A). Such placement must end when the risk ends or when a less restrictive area becomes available. Id. at § 220(a)(5)(A). Alternatively, the location for crisis confinement may be another area designated by the facility’s superintendent. Dkt. #123-2 at § 280(a) on p. 10.
3. Behavioral hold. Standard to initiate. Violation of a rule, disobedience of staff, or other disruptive behavior. Dkt. #123-2 at § 270(a) on p. 9. Youths must be informed of what behaviors may result in behavioral hold. Id. at § 270(c) on p. 9. Time limit. Four hours, or when a supervisor determines the youth is ready to return to
4

Case: 1:12-cv-07289 Document #: 128 Filed: 03/23/15 Page 5 of 15 PageID #:1504
program participation, whichever is sooner. Id. at §§ 270(f) & (g) on pp. 9-10. Location. The youth’s own room, or another area designated by the facility’s
superintendent, but not the confinement unit. Id. at § 270(d) on p. 9. Oversight. “Immediately” after the hold begins, the shift supervisor must be notified. Id.
at § 270(b) on p. 9. Within 30 minutes, a staff member not involved in the incident must meet the youth to provide counsel and de-escalate the behavior. Id. at § 270(e) on p. 9. Within one hour, and every hour after that, a supervisor must meet the youth to determine whether they are ready to return to program participation. Id. at § 270(f) on pp. 9-10.
4. Medical hold. Who may initiate. Only a physician. Dkt. #123-2 at § 290(a) & (c) on pp. 10-11. Standard to initiate. For “medical quarantine, recovery, or observation.” Id. at § 290(a) on p. 10. Any limits on “movement and access to programs and services” must be based on a physician’s finding of “medical need.” Id. at § 290(c) on p. 11. Location. Placement in the confinement unit is allowed only if a physician determines “a less restrictive area is not available or sufficient to meet the youths’ medical needs.” Id. at § 220(a)(6) on pp. 5-6. Medical hold youths in the confinement unit must be sight and sound separated from other youths, when feasible given the physical layout and youth present. Id. at § 220(a)(6)(B) on p. 6. A physician shall review the need for such placement every 24 hours. Id. at § 220(a)(6)(A). Alternatively, the place of medical hold may be the youth’s own room, or another area designated by the facility’s superintendent. Id. at § 290(b) on p. 10. 5. Administrative hold. Who may initiate. Only the facility’s superintendent. Dkt. #123-2 at § 260(a) on p. 9. Standard to initiate. “Administrative or security purposes” to “separate” a youth who is
5

Case: 1:12-cv-07289 Document #: 128 Filed: 03/23/15 Page 6 of 15 PageID #:1505
“temporarily” housed at a facility from other youths. Id. at § 260(a) on p. 9. Location. Every administrative hold may be located in the facility’s confinement unit for
up to 24 hours. Id. at § 220(a)(4) on p. 5. The confinement unit also may be used for a total of three business days if the youth is awaiting transfer to the IDOC, or if the facility’s superintendent documents “other safety or security reason why a less restrictive form of housing is not appropriate.” Id. at § 220(a)(3) on p. 5. Alternatively, youth on administrative hold may be “separated” from other youths in other locations. Id. at § 260(a) on p. 9.
Programs and services. The IDJJ must make “every reasonable effort” to provide “access to the same programs and services” provided to the general population. Id. at § 260(c) on p. 9. Youths in the confinement unit for safety reasons do not enjoy this benefit. Id.
6. Investigative status. Who may initiate. Only the IDJJ’s Deputy Director of Operations. Dkt. #123-2 at § 250(a) on p. 8. Standard for initiate. When (1) a youth “is alleged to have committed a major offense,” and (2) “temporary confinement is necessary for the efficient and effective investigation of the offence.” Id. at § 250(a) on p. 8. Location. The facility’s confinement unit, or another area designated by the facility’s superintendent. Id.at § 250(a) on p. 8. Time limit. Four days. Id.at § 250(c) on p. 8. The confinement must end earlier if it is no longer necessary, as determined by the investigator, the facility superintendent, or the Deputy Director. Id. at § 250(b) on p. 8. The Deputy Director may grant a four-day extension in the event of an institutional emergency such as a riot. Id. at § 250(c)(2) on pp. 8-9. If the investigation is conducted by “an outside agency,” additional time for investigative confinement
6

Case: 1:12-cv-07289 Document #: 128 Filed: 03/23/15 Page 7 of 15 PageID #:1506
is allowed if the agency provides the Deputy Director with documentation showing this is “necessary.” Id. at § 250(c)(1) on p. 8. B. Prohibition of all other forms of confinement.
Other than these six forms of confinement, the IDJJ’s proposed confinement policy prohibits all other forms of confinement. This is shown by the policy’s definition of “confinement.” Dkt. #123-2 at § 210 on p. 3. It begins by broadly defining that term as “intentionally keeping a youth separate from all other youth, removing a youth form the general population, restricting the movement of a youth, or confining a youth to a room or area for any period of time for the reasons defined herein regardless of whether the youth is placed on a confinement unit.” Id. This section then critically states: “Confinement of a youth for any reason not defined in this rule is not permitted.” Id. C. Safeguards for all confined youths.
The IDJJ’s confinement policy provides enumerated safeguards to youths in “all confinement, regardless of basis or location.” Dkt. #123-2 at § 230 on p. 6. Most of these safeguards apply without regard to the duration of confinement, and a few apply only to confinements that last 24 hours or longer.
1. Safeguards for confinements of all durations. Out-of-room time must be provided for “daily showers, personal grooming, and recreation.” Dkt. #123-2 at § 230(f) on p. 6. Mental health services ordinarily provided must continue. Id. at § 230(k) on p. 7. Education services ordinarily provided must continue. The facility’s superintendent may withhold education services if they determine that providing such services poses a safety threat.
7

Case: 1:12-cv-07289 Document #: 128 Filed: 03/23/15 Page 8 of 15 PageID #:1507
Such determinations must by justified in writing. The services must resume when the threat ends. Id. at § 230(L) on p. 7.
Safety checks are required at least every 15 minutes, including a verbal check if the youth is awake. Id. at § 230(d) on p. 6. Ten-minute checks are required for youths on “observation status” (meaning they are undergoing emotional crisis), or on “close supervision” (meaning they are potentially suicidal). Five-minute checks are required for youths on “suicide watch” (meaning they are acutely suicidal). Dkt. 123-1 (draft IDJJ policy on mental health crisis services) at § II(E) on p. 2, § II(F)(3)(b)(2)(c) on p. 5, § II(F)(3)(c)(2)(a) on p. 5, & § II(F)(3)(d)(4)(a) on p. 6.
Visits from family, attorneys, and clergy must be allowed. Dkt. #123-2 at § 230(m) on p. 7.
Reading materials must be provided in the confinement room, and writing materials must be daily provided outside the room. Id. at § 230(n) on p. 7.
Medical care. Any medical complaints by youths or medical concerns by staff must be reported immediately to medical staff. Id. at § 230(c) on p. 6.
2. Additional safeguards for confinements of 24 hours or longer. Eight daily out-of-room hours. Dkt. #123-2 at § 230(g) on p. 6. This must include at least one hour of large-muscle exercise, outdoors if weather permits. Id. at § 230(g) on pp. 6-7. The facility superintendent may restrict this out-of-room time if it poses a safety threat, and must justify such restrictions in writing. Id. at § 230(g)(1) on p. 7. Daily MHP interview. If the MHP does not have a license, they must review the substance of the interview with a licensed MHP. Id. at § 230(h) on p. 7. Notice to parents, if the youth is under 18 years of age. Id. at § 230(j) on p. 7.
8

Case: 1:12-cv-07289 Document #: 128 Filed: 03/23/15 Page 9 of 15 PageID #:1508
D. Supervisory oversight of all confinement. Documentation. All confinement decisions must be justified in writing as soon as
practical by the staff making the decision. Dkt. #123-2 at § 230(a) on p. 6. This includes decisions to begin, continue, modify, or end confinement, and decisions to begin or end restrictions on services for confined youths. Id. at § 210 on p. 3.
Oversight by the facility superintendent. The superintendent must be notified as soon as possible of all decisions to confine a youth, and shall review all documentation justifying confinement. Id. at § 230(b) on p. 6.
Oversight by the IDJJ Deputy Director of Operations. Anytime a youth is confined for 18 consecutive hours or longer, or confined on more than 10 occasions in any 30-day period, the Deputy Director must be immediately notified, and provided all documentation justifying the confinement. Id. at § 230(i) on p. 7.
Cumulative data. The IDJJ must maintain cumulative data on all confinement decisions. Id. at § 230(o) on p. 7.
II. THE LEGAL STANDARD. This Court instructed the parties: “I want to know what the standard is for assessing conditions of confinement at an institution like this.” Exh. 1 at p. 22:21-23. Plaintiffs’ position has been that the standard for assessing whether the IDJJ’s confinement policies comply with federal law is whether they meet “minimally adequate professional standards.” See, e.g., Dkt. #109 (objections of 11/3/14) at p. 1; Dkt. #117 (reply of 12/10/14) at p. 1. See generally Nelson v. Heyne, 491 F.2d 352, 360 (7th Cir. 1974) (holding that under the Fourteenth Amendment, “the right to treatment [in a juvenile justice facility] includes the right to minimum acceptable standards of care and treatment for juveniles and the right to
9

Case: 1:12-cv-07289 Document #: 128 Filed: 03/23/15 Page 10 of 15 PageID #:1509
individualized care and treatment”); Youngberg v. Romeo, 457 U.S. 307, 322-23 (1982) (holding that in facilities for involuntarily confined developmentally disabled patients, the Fourteenth Amendment requires “minimally adequate training”); Alexander S. v. Boyd, 876 F. Supp. 773, 798 (D.S.C. 1995) (interpreting Youngberg to require “minimally acceptable standards for treatment and rehabilitation” in a juvenile justice facility).
The law regarding the rights of court-involved youths is continuing to evolve in light of increasing scientific knowledge about the intellectual, emotional, and social development of youths, and the resulting need to shift the focus of juvenile justice away from punishment and towards rehabilitation. See, e.g., Miller v. Alabama, 132 U.S. 2455, 2464 (2012) (striking down mandatory life without parole for juvenile offenders, based in part on “developments in psychology and brain science”).
Recent legal authority supports the following standard to assess whether the draft IDJJ confinement policies comply with federal law: whether they fall “within the range of acceptable professional practices,” and do not “constitute punishment.” See R.G. v. Koller, 415 F. Supp. 2d. 1129 (D. Hawaii 2006). In R.G., the court enjoined a policy of protective segregation of LGBT youths at a juvenile justice facility. The R.G. court rested this standard in significant part on Youngberg. Id. at 1152-53.
Last year, the U.S. Department of Justice’s Civil Rights Division advocated this R.G. standard – whether confinement was “within the range of acceptable professional standards” and did not “constitute punishment” – in a challenge to solitary confinement at a juvenile justice facility. United States v. State of Ohio, No. 08-cv-475 (S.D. Ohio), Dkt. #131 (TRO motion of 3/12/14) at p. 13, quoting R.G.
10

Case: 1:12-cv-07289 Document #: 128 Filed: 03/23/15 Page 11 of 15 PageID #:1510
III. PLAINTIFFS’ APPROACH TO SETTLEMENT. This Court sought plaintiffs’ position regarding whether “solitary confinement” should be “eliminated completely.” Exh. 1 at pp. 17:24-18:9. Plaintiffs’ position is that solitary confinement (that is, the isolation of a youth from others) should be eliminated completely, and that the IDJJ confinement policies now before this Court, if properly implemented, will completely eliminate solitary confinement as we know it. The IDJJ has practiced punitive and lengthy isolation of youths in locked rooms, away from human contact and rehabilitative services and treatment. Dkt. #51-1 (Kraus report of Sept. 2013) at 7, 9-10; Dkt. #51-2 (Krisberg report of Sept. 2013) at 11-14, 20; Dkt. #51-3 (Leone report of Sept. 2013) at 5, 10; Dkt. #108-1 (Krisberg report of Oct. 2014) at 5-7; Dkt. #108-2 (Kraus report of Oct. 2014) at 9. This practice is harmful to youths. See generally Dkt. #124 (plaintiffs’ 2/18/15 mem.) at 6-8 (summarizing some of the literature on self-harm and psychological injury caused by solitary confinement of juveniles, and especially those juveniles with mental health issues). The draft IDJJ confinement policies forbid this practice. On the other hand, these draft IDJJ policies allow and closely regulate a fundamentally different practice: temporary separation of youths from each other in narrowly defined and closely regulated circumstances that are closely tailored to ensuring safety. These policies prohibit punitive confinement. They minimize the frequency and duration of confinement. They ensure control of confinement by department and facility leadership, and by licensed mental health professionals. They ensure the continuity of youths’ education and mental health services, and of human contact. Perhaps most importantly, they ensure that youths separated from the general population will not spend most of their waking hours isolated alone in a locked room.
11

Case: 1:12-cv-07289 Document #: 128 Filed: 03/23/15 Page 12 of 15 PageID #:1511
The controlling legal standard is whether the draft IDJJ confinement rules now before this Court fall “within the range of acceptable professional practices,” and do not “constitute punishment.” Supra Part II, quoting R.G., 415 F. Supp. 2d. at 1155. The Court-appointed monitors have advised the parties that these draft IDJJ rules satisfy this standard. See Dkt. #127. See also, e.g., American Academy of Child and Adolescent Psychiatry, “Solitary confinement of juvenile offenders” (2012) (“Solitary confinement should be distinguished from brief interventions such as ‘time out,’ which may be used as a component of a behavioral treatment program in facilities serving children and/or adolescents, or seclusion, which is a short term emergency procedure”); Juvenile Detention Alternatives Initiative (“JDAI”), “Juvenile detention facility assessment” (2014) at § V(B)(1)(a) on p. 177 (approving “room confinement as a temporary response to behavior that threatens immediate harm to the youth or others”).
In recent years, the “range of acceptable professional practices,” R.G., 415 F. Supp. 2d. at 1155, for confinement of youths at juvenile justice facilities has steadily and decisively narrowed. See, e.g., JDAI, “Detention facility self-assessment” (2006) at § VI(E)(3) on p. 94 (“Room confinement . . . is not imposed for more than 72 hours continuously.”); compared with JDAI, “Juvenile detention facility assessment” (2014) at § V(B)(1)(g) on p. 178 (“Staff do not place youth in room confinement for longer than four hours.”). Plaintiffs expect that this salutary transformation of professional standards will continue. If so, the parties, the monitors, and this Court will have every opportunity to revisit and perhaps further tighten the IDJJ’s confinement policies. Cf. Davenport v. DeRobertis, 844 F.2d 1310, 1314-15 (7th Cir. 1988) (affirming an injunction requiring more out-of-cell exercise time for adult prisoners in solitary confinement, and holding that “the Eighth Amendment must draw its meaning from the evolving
12

Case: 1:12-cv-07289 Document #: 128 Filed: 03/23/15 Page 13 of 15 PageID #:1512
standards of decency that mark the progress of a maturing society”), quoting Rhodes v. Chapman, 452 U.S. 337, 346 (1981).
But at this juncture, the issue is whether the draft IDJJ confinement policies fall within the range of acceptable professional standards. They do. In fact, if properly implemented, they will eliminate solitary confinement as we know it, and will closely regulate and limit the IDJJ’s use of separation.
IV. NEW REVISIONS TO THE DRAFT POLICY. This Court raised concerns regarding a few provisions of the draft IDJJ confinement policy. Plaintiffs propose revisions to address two of those concerns. First, the draft policy provides that licensed mental health professionals (“MHPs”) shall promptly asses youths in crisis confinement and “decide whether to continue the confinement.” Dkt. #123-2 at § 280(a) on p. 10. This Court raised concerns regarding the power of the licensed MHPs to enforce this decision. Exh. 1 at p. 11:10-14 (“What’s the provision that says what happens now? Does that mean they automatically get out of confinement?”); id. at p. 11:20-22 (“It doesn’t say that their decision is . . . the final say”). To address these concerns, plaintiffs propose the addition of the following as a new section 280(a)(3): “If the licensed mental health professional decides not to continue the confinement, then the youth shall immediately be released from confinement and returned to the general population.” Second, the draft policy requires eight daily out-of-room hours for youths confined 24 hours or longer. Dkt. #123-2 at § 230(g) on pp. 6-7. This Court raised concerns regarding the quality of these out-of-room hours. Exh. 1 at p. 4:1-3 (“I don’t know if he’s with other people or by himself”); id. at p. 6:14-15 (inquiring whether “[t]hey’re just not in a small room, they’re in a bigger room”). To address these concerns, plaintiffs propose the addition of the following
13

Case: 1:12-cv-07289 Document #: 128 Filed: 03/23/15 Page 14 of 15 PageID #:1513

sentence at the end of this section: “During this out-of-room time, the youth shall be in the

physical presence of, and have the opportunity to speak with, facility staff who are teachers,

mental health professionals, or youth and family counselors.” It would not be difficult for the

IDJJ to do this. See Dkt. #123-2 (draft IDJJ confinement policy) at §§ 230(k) & 230(L)

(requiring a continuation of ordinary mental health and education services for confined youths);

Dkt. #102-5 (approved IDJJ confinement liaison policy) at § B (requiring a youth and family

specialist or other non-security staff member to be present, during the day shift, at the

confinement unit when a youth is there, to help ensure provision of appropriate services).

If this Court has any concerns about other provisions of the draft IDJJ confinement

policies, plaintiffs would welcome the opportunity to attempt to address those concerns by

proposing additional revisions to that policy.

CONCLUSION

Plaintiffs respectfully request this Court’s approval of the revised IDJJ policies on

confinement and restraint, Dkt. #123, subject to the two revisions suggested above in Part IV.

DATED: March 23, 2015

Respectfully submitted,

By: /s/ Adam Schwartz One of plaintiffs’ attorneys

Adam Schwartz Harvey Grossman Benjamin S. Wolf Lindsay Miller Roger Baldwin Foundation of ACLU, Inc. 180 North Michigan Avenue, Suite 2300 Chicago, IL 60601 (312) 201-9740

Maja C. Eaton Kevin M. Fee, Jr. Joseph R. Dosch Sidley Austin LLP One South Dearborn Street Chicago, IL 60603 (312) 853-7000

14

Case: 1:12-cv-07289 Document #: 128 Filed: 03/23/15 Page 15 of 15 PageID #:1514 CERTIFICATE OF SERVICE
I hereby certify that on March 23, 2015, I caused true and correct copies of the foregoing PLAINTIFFS’ SUPPLEMENTAL SUBMISSION REGARDING IDJJ’s REVISED CONFINEMENT POLICIES to be served upon all counsel of record via the Court’s ECF filing system.
/s/Adam Schwartz Adam Schwartz
15

Case: 1:12-cv-07289 Document #: 128-1 Filed: 03/23/15 Page 1 of 29 PageID #:1515
Exhibit 1

Case: 1:12-cv-07289 Document #: 128-1 Filed: 03/23/15 Page 2 of 29 PageID #:1516 1

1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

2

EASTERN DIVISION

3 R.J., et al.,

4

Plaintiff,

5

v.

6 CANDICE JONES,

7

Defendant.

) Docket No. 12 C 7289 ) ) Chicago, Illinois ) February 27, 2015 ) 10:45 a.m. ) ) ) )

8

TRANSCRIPT OF PROCEEDINGS - motion

9

BEFORE THE HONORABLE MATTHEW F. KENNELLY

10 APPEARANCES:

11

For the Plaintiffs: ROGER BALDWIN FOUNDATION OF ACLU, INC.

12

BY: MR. ADAM D. SCHWARTZ

180 North Michigan Avenue

13

Suite 2300

Chicago, IL 60601

14

15 For the Defendant: HONORABLE LISA MURRAY MADIGAN

ATTORNEY GENERAL STATE OF ILLINOIS

16

BY: MR. MICHAEL T. DIERKES

MS. DEBORAH MORGAN BELTRAN

17

100 West Randolph Street

Chicago, IL 60601

18

19 Also Present: 20 21

ILLINOIS DEPARTMENT OF JUVENILE JUSTICE BY: MS. BETH COMPTON MS. MARRON MAHONEY 100 West Randolph Street 4-200 Chicago, IL 60601

22

JENNIFER DUNN, RMR, CRR

23

Contract Court Reporter

79 West Monroe Street, Suite 1324

24

Chicago, IL 60603

312-578-9323

25

jennifer@real-timereporters.com

Case: 1:12-cv-07289 Document #: 128-1 Filed: 03/23/15 Page 3 of 29 PageID #:1517 2

1

(The following proceedings were had in open court.)

2

THE CLERK: Case No. 12 C 7289, R.J., et al. v. Jones.

3

THE COURT: Morning.

4

MR. SCHWARTZ: Morning, your Honor; Adam Schwartz for

5 the plaintiffs.

6

MR. DIERKES: Good morning, your Honor; Michael

7 Dierkes and Deborah Beltran for the defendants. And with us is

8 the DJJ's chief legal counsel Beth Compton, and also assistant

9 chief counsel Marron Mahoney.

10

THE COURT: Okay. So I've looked at everything you've

11 given me here. You may have some vague recollection of, you

12 know, back when -- I think it was in late December when we were

13 talking about having a hearing, this is before you had reached

14 the proposed resolution, I said that I wanted to hear at the

15 hearing not just from the monitors, but I also wanted to hear

16 evidence about what types of situations or conditions occur

17 that tend to lead staff at these institutions to determine that

18 confinement, which is I guess the term that's used for solitary

19 confinement, is necessary. And I'm -- honestly, I'm still kind

20 of there, because I have no clue.

21

I mean, I can -- you know, I can see the policies that

22 are written, but I really have no clue about -- you know, in

23 the real world give me some instances of what kinds of

24 situations; because when I look at this, my question is why

25 should there even be solitary confinement given all of the, you

Case: 1:12-cv-07289 Document #: 128-1 Filed: 03/23/15 Page 4 of 29 PageID #:1518 3

1 know, the scientific research that has been done on the

2 deleterious effects that it has, in particular on young people,

3 you know, juveniles. Why should there even be solitary

4 confinement? I.

5

Understand you've reached an agreement on this that

6 puts all sorts of terms and conditions on it, but that's -- I'm

7 still kind of where I was back then, and that was kind of why I

8 wanted to know what it is -- what happens in an institution

9 that leads a member of staff to say this person needs to be in

10 confinement. Give me an example of something. So I'm still

11 there, and I'm not prepared to approve this yet. And I

12 understand you've all agreed to it, and I understand you're

13 not -- this is not just some fly-by-night attorneys on the

14 plaintiffs' side, they're people who are, you know, very

15 serious about all this kind of thing. But, anyway, so talk to

16 me.

17

MR. DIERKES: Well, I mean, I think, your Honor -- I

18 mean, first of all, I think the DJJ would say that it disputes

19 what is referred to as "solitary confinement." You probably

20 saw in the policies there's all kinds of oversight and

21 monitoring, and it's not a youth locked entirely alone in a

22 room by himself.

23

THE COURT: Yeah. Well, he's in the room he or she is

24 in. I'm assuming we're mostly talking about "he's" here. So

25 he is in the room by himself except for the time that somebody

Case: 1:12-cv-07289 Document #: 128-1 Filed: 03/23/15 Page 5 of 29 PageID #:1519 4

1 is coming in and visiting him or the time that he has out in

2 whatever the space is. I don't know if he's with other people

3 or by himself in what, you know, in a prison you'd call the

4 yard or whatever.

5

MR. DIERKES: Right. Well, I mean, even in addition

6 to that, there's, you know, the right to continue the education

7 services they've been receiving, the mental health services,

8 visitors, things like that.

9

I mean, in terms of your question about what types of

10 situations lead to confinement, I mean, I guess we'd be

11 interested in how your Honor wants to proceed.

12

I imagine Beth Compton can probably give a little

13 summary right now if you prefer, but if you want something in

14 writing, we could do that too.

15

THE COURT: Give me a second here. I just want to --

16 I want to check something first before I get to that. Just

17 bear with me.

18

When you say they have a right to continue education,

19 that's not what this says. It says if somebody is denied

20 education because they're a threat, then it has to resume when

21 the threat ends. The whole assumption is that education could

22 be denied. Did I miss something?

23

MR. DIERKES: I think -- is there a different

24 provision?

25

THE COURT: Well, I'm looking at -- I mean, okay.

Case: 1:12-cv-07289 Document #: 128-1 Filed: 03/23/15 Page 6 of 29 PageID #:1520 5

1 Not --

2

MR. SCHWARTZ: Your Honor, I think --

3

THE COURT: The "bureaucracy," a term I mean only half

4 pejoratively, that ends up in regulations, it's kind of hard to

5 fight your way through, so I'm going by the, sort of,

6 summarization that was in Mr. Schwartz's filing. It's on page

7 13, the heading No. 4 at the top. If a confined youth is

8 denied education services because they're a threat, then their

9 education must resume when the threat ends.

10

So I guess I could go back and look. It's section

11 230(L). I've got to find where that is.

12

MR. SCHWARTZ: Your Honor, the document that's

13 connected to 123-2J, I got it right here.

14

THE COURT: Which tab?

15

MR. SCHWARTZ: It's at, I assume, tab No. 2, and it's

16 on page 7 where the section L is.

17

THE COURT: Page 7. Okay.

18

Oh. It's 2504.230(L). Okay. That's -- yeah. "Youth

19 in confinement shall have the opportunity to receive the

20 educational services they ordinarily receive unless the chief

21 administrative officer personally determines that providing

22 such services to the youth poses a threat to the physical

23 safety of the individual or others or to the security of the

24 youth center. Such a determination shall be documented and

25 justified. The opportunity to receive educational services

Case: 1:12-cv-07289 Document #: 128-1 Filed: 03/23/15 Page 7 of 29 PageID #:1521 6

1 shall resume when the threat ends."

2

So when you told me a second ago that they still have

3 the right to get education, it ain't so. It says "if."

4

MR. DIERKES: That was exactly -- that was exactly the

5 provision I had in mind.

6

THE COURT: Yeah. Okay. So, I mean, like I say, I

7 get that if a person is in confinement that they're going to be

8 visited -- depending upon the basis for the confinement, they

9 are going to be visited by, you know, mental health

10 professionals, you know, they're going to be looked in on, the

11 safety checks and so on and so forth. And they -- let's see.

12 The provision about out-of-room time, they get out-of-room

13 time. I don't know what that means. I mean, I assuming that

14 they're still by themselves, right? They're just not in a

15 small room, they're in a bigger room. What does it mean? Can

16 anybody tell?

17

MS. COMPTON: Well, they --

18

THE COURT: Where do they go?

19

Okay. I'm in -- St. Charles is one of the places,

20 right?

21

MS. COMPTON: Right.

22

THE COURT: So I'm in St. Charles. I'm in

23 confinement. I'm getting my eight hours out-of-room time.

24 Where do I go during that eight hours?

25

MS. COMPTON: Depending on the behavioral status and

Case: 1:12-cv-07289 Document #: 128-1 Filed: 03/23/15 Page 8 of 29 PageID #:1522 7

1 the reason why you're in confinement, that would guide part of

2 it, but, you know, there's -- you can come out into a day room

3 where there would be staff and potentially other youth,

4 depending, again, on the individual situation.

5

If two youth have been taken there for aggressive

6 behavior, exhibiting aggressive behavior, fighting, you can't

7 get them into timeouts, cooldowns are not working, they are

8 continuing to want to go at each other, that's, you know,

9 generally a maximum of 24 hours anyway.

10

THE COURT: Yeah.

11

MS. COMPTON: But you might be getting out -- you

12 don't want to put those two kids necessarily sitting by each

13 other watching TV.

14

THE COURT: Yeah. I get it.

15

MS. COMPTON: But, you know, they would be, you know,

16 out of the -- the locked individual room in a day room.

17

In other situations they may be going over to -- you

18 know, if they're on a confinement unit for other reasons, one

19 of the reasons sometimes is we get kids that -- the statuses

20 that we've listed as reasons why you can be in confinement, one

21 of them is what's called --

22

THE COURT: Which are you looking at?

23

MS. COMPTON: That would be on page 4 of the same --

24

THE COURT: Of that same --

25

MS. COMPTON: -- of the 2504 confinement policy.

Case: 1:12-cv-07289 Document #: 128-1 Filed: 03/23/15 Page 9 of 29 PageID #:1523 8

1 We've talked about different reasons you could be there.

2

Administrative hold is one reason. Say we have a kid

3 who --

4

THE COURT: Is going to be transferred.

5

MS. COMPTON: Yeah, you know. They've been with us,

6 they've been in our system, they've been released on aftercare

7 parole, now they've got a new adult case.

8

THE COURT: Right.

9

MS. COMPTON: We've brought them back in on a

10 violation, that's wrapped up, they've got a sentence to the

11 DOC. We have to -- they're now, you know, a 19-year-old,

12 possibly. We've got to keep them now, by law, segregated from

13 the kids.

14

THE COURT: From the 16- or 17-year-olds.

15

MS. COMPTON: Right. So we put them on administrative

16 hold status in the unit pending their transfer. They may not

17 be picked up for a couple of days to be transferred to DOC, and

18 so they may not necessarily have the aggressive behavior

19 problems at that moment, so they might be going out and, you

20 know, doing things. As long as they're not in -- you know,

21 outside, not intermingling with the other kids, it's just --

22 it's kind of a case-by-case situation as to what that

23 out-of-room time would entail.

24

So, you know, I think it's -- you know, I understand

25 for anybody who's not worked in the department, you know,

Case: 1:12-cv-07289 Document #: 128-1 Filed: 03/23/15 Page 10 of 29 PageID #:1524 9

1 sometimes it's hard to, you know, imagine, you know --

2

THE COURT: Right. That's why I wanted to know that

3 kind of stuff.

4

MS. COMPTON: Historically, you know, two kids get in

5 a fight, you're going to take them off to confinement. They're

6 going to be put in there while it's investigated, and they may

7 be left in there. While it's punishment, that's all -- you

8 know, using it as punishment is explicitly prohibited, and

9 using it for more than 24 hours for behavioral reasons is

10 prohibited.

11

THE COURT: So looking at this same definition, you've

12 got this thing called "behavioral hold."

13

MS. COMPTON: Right.

14

THE COURT: Behavioral hold means "Confinement of a

15 youth in their own room or other area separate from the

16 confinement unit when the youth has violated youth center

17 rules, failed to follow instructions of youth center staff, or

18 otherwise behaved in a disruptive manner." So that's different

19 from what is referred to here as, quote, confinement status,

20 closed quote, because they're not put in the confinement unit,

21 they're put in -- they're just kind of kept in their own room.

22

MS. COMPTON: Right.

23

MR. SCHWARTZ: Your Honor --

24

THE COURT: I'm asking her at this point.

25

MS. COMPTON: Okay. Or, for example, say -- our

Case: 1:12-cv-07289 Document #: 128-1 Filed: 03/23/15 Page 11 of 29 PageID #:1525 10

1 facilities are all different, but say we've got a facility that

2 has a separate school building, you know, that you could refer

3 to sort of timeout and cooldown areas you may have in the

4 school where if the kid is being very disruptive or throwing

5 things this class, they come out, they're removed from sort of

6 the general programming. They may be in this behavioral hold

7 in a room that's nearby, closer than going back to their own

8 room, where there's going to then be interventions to try to

9 get them back to the point where they can rejoin the general

10 programming.

11

THE COURT: And that's limited to four hours, it looks

12 like. That's in Section 270.

13

MS. COMPTON: Um-hmm.

14

THE COURT: What did you want to say, Mr. Schwartz?

15

MR. SCHWARTZ: I was going to say what you just said.

16

THE COURT: Okay. So then you've got crisis status

17 is, I guess, something that would suggest some sort of acute

18 mental disorder of some kind. And then that kicks over to

19 section 280, which is crisis confinement; is that right? And

20 that's when -- that's a situation where you have to have a

21 mental health professional come in.

22

So here was my -- here is a question about that: So

23 I'm looking at section 2504.28(a). So when a person's on -- if

24 they're on crisis status, they can be put in the confinement

25 unit, and sometimes that's going to be done by a mental health

Case: 1:12-cv-07289 Document #: 128-1 Filed: 03/23/15 Page 12 of 29 PageID #:1526 11

1 professional, but it can be done by somebody else. And if it's

2 done by somebody who's not a licensed mental health

3 professional, then if the licensed mental health professional

4 is on the grounds, in other words, they're there already, they

5 have to assess the person within an hour. If the licensed

6 mental health professional isn't on the grounds, then they have

7 to be called within an hour, and they have to be there within

8 24 hours.

9

So -- and maybe I'm just dense, but so let's say that

10 happens. Let's make it an easy one where the licensed mental

11 health professional is there. That person meets with the youth

12 within an hour and decides this person doesn't need to be in

13 confinement, okay? What's the provision that says what happens

14 now? Does that mean they automatically get out of confinement?

15 Where does it -- and, if so, where do I find that?

16

MR. SCHWARTZ: I'm not aware that the policy

17 explicitly says that the licensed medical health professional

18 is the decider.

19

THE COURT: It just says they're assessing them, and

20 they decide whether to continue the confinement. It doesn't

21 say that their decision is, kind of, the final say on the

22 thing.

23

MR. SCHWARTZ: Certainly it's the plaintiffs' view

24 that, number one, it should be --

25

THE COURT: If you have a view.

Case: 1:12-cv-07289 Document #: 128-1 Filed: 03/23/15 Page 13 of 29 PageID #:1527 12

1

MR. SCHWARTZ: Pardon me?

2

THE COURT: If it's about what you're views are when

3 you have regulations.

4

MR. SCHWARTZ: We certainly would not object, or we

5 would support language that says --

6

THE COURT: Honestly, I'm just kind of coming up with

7 these things on -- not completely on the fly, but pretty darn

8 close to it.

9

And then the second question about that, as I recall

10 from an earlier date, or maybe it was an earlier set of

11 policies that there were issues about getting enough of these

12 licensed mental health professionals hired. Am I remembering

13 that wrong? I mean, obviously, it's a big deal. You've got --

14 you've got to post positions, you've got to find people that

15 are qualified, people actually have to apply, et cetera,

16 et cetera.

17

MR. DIERKES: Right. And each -- at each facility the

18 remedial plan requires that there be a treatment unit

19 administrator, which would be a licensed mental health --

20

THE COURT: Right. So the idea on these regulations

21 is that if I sign off on them, when do they go into effect,

22 this confinement stuff?

23

MR. DIERKES: It would go into effect immediately.

24

THE COURT: So immediately. Do you have licensed

25 mental health professionals on staff that are going to be able

Case: 1:12-cv-07289 Document #: 128-1 Filed: 03/23/15 Page 14 of 29 PageID #:1528 13

1 to do this stuff right now? Yes? Everybody is nodding yes.

2 Somebody say it now out loud.

3

MS. COMPTON: Yes.

4

MR. DIERKES: Yes.

5

THE COURT: So what changed? Have you got them all

6 hired or --

7

MR. DIERKES: Yes.

8

MS. COMPTON: I think we have -- I don't want to

9 represent that we have everyone hired that we need to have

10 hired, but we do have enough in place to meet these

11 requirements.

12

THE COURT: To cover this.

13

MS. COMPTON: Right.

14

THE COURT: Okay. Yeah. Because every time I hear

15 something out of Springfield, it's like that's not -- I know

16 it's true, I've been saying that since day one, and you all

17 knew that before, that there's not enough money for anything

18 and we're cutting this, cutting that, cutting the next thing.

19 So have you been told yet how much you're going to lose?

20

MS. COMPTON: I think it's a matter of --

21

THE COURT: It's a state secret. You don't have to

22 tell me.

23

MS. COMPTON: I think it's a matter of public record

24 that the governor's introduced budget did not include any cuts

25 for the --

Case: 1:12-cv-07289 Document #: 128-1 Filed: 03/23/15 Page 15 of 29 PageID #:1529 14

1

THE COURT: Oh. I didn't.

2

MS. COMPTON: -- Department of Juvenile Justice.

3

THE COURT: That's good.

4

MS. COMPTON: And, in fact, included some increases.

5

THE COURT: Oh.

6

MS. COMPTON: And I can represent to the Court that,

7 you know, this consent decree --

8

THE COURT: It's not going to be --

9

MS. COMPTON: -- was certainly discussed as --

10

THE COURT: Compliance is not going to be a problem

11 from a financial standpoint?

12

MS. COMPTON: We'll see. The governor's introduced

13 budget, of course, is not what will ultimately be passed by the

14 general assembly.

15

THE COURT: I got that. Yeah. There's one or two

16 other people.

17

MS. COMPTON: Yeah.

18

THE COURT: There's two other people that have a say

19 in that. If I recall correctly, two.

20

MS. COMPTON: Yes.

21

THE COURT: All right. Well, can somebody, like, tell

22 me -- can somebody give me, like, an anecdotal example or two

23 of, like, what happened? I get the fight thing. I mean, I get

24 that people get into fist fights, but so somebody give me a

25 horror story of a crisis confinement-type situation. Do you

Case: 1:12-cv-07289 Document #: 128-1 Filed: 03/23/15 Page 16 of 29 PageID #:1530 15

1 have any that you can give me?

2

MS. COMPTON: Yeah. I -- I think -- I think part

3 of -- and I think just as a background, you know, the

4 confinement unit historically was the unit at the facility

5 where you would have the most staff direct supervision, where

6 you would have a small number of kids --

7

THE COURT: Makes sense.

8

MS. COMPTON: -- so that if you have -- you know,

9 historically, one of the things -- suicide. Suicide, you know,

10 whether it's ideation or behaviors, you know, a kid --

11

THE COURT: Yeah.

12

MS. COMPTON: Our facilities at this point have been

13 largely retrofitted for safety where -- so there's not bunk

14 beds with bars so you can hang yourself, but it doesn't mean a

15 kid can't tie their pants around their neck.

16

THE COURT: Right.

17

MS. COMPTON: So, actually, acting out would lead to

18 interventions and, you know, historically the confinement unit

19 was, at times and in some facilities, the one place where you

20 could take them where they're going to get the most direct

21 supervision. That's one example.

22

Or a kid who is, you know, developing active psychotic

23 behaviors that include also sort of flailing, thrashing, and

24 aggressive acting out.

25

THE COURT: So that person --

Case: 1:12-cv-07289 Document #: 128-1 Filed: 03/23/15 Page 17 of 29 PageID #:1531 16

1

MS. COMPTON: Right.

2

THE COURT: -- the acute-psychotic-behavior-type

3 situation --

4

MS. COMPTON: Um-hmm.

5

THE COURT: -- even under these guidelines, they're --

6 it would be appropriate assuming that, you know, the right

7 people make the determination and so on, for a person to go

8 into the confinement unit.

9

MS. COMPTON: Right. Well, it's our preference that

10 the confinement unit should only be used -- and this

11 incorporates provisions, I think, both from our emergency

12 mental health services ad that we've submitted --

13

THE COURT: Yeah.

14

MS. COMPTON: -- once, maybe even twice already as

15 well as this. The preference is if the facility has a better

16 place other than the confinement unit, they would -- it still

17 removed them from --

18

THE COURT: Let me get to the questions I was going to

19 ask, and you'll know why I asked them.

20

MS. COMPTON: Sure.

21

THE COURT: You'll know I didn't asked this question

22 at that point.

23

So there's this thing about safety checks. Anybody

24 who's confined gets one every 15 minutes. Doesn't take 15

25 minutes to kill yourself, right? So these places you're

Case: 1:12-cv-07289 Document #: 128-1 Filed: 03/23/15 Page 18 of 29 PageID #:1532 17

1 putting these people, anybody thought about putting cameras in

2 them? Do they have cameras in there?

3

MS. COMPTON: We do have some facilities with -- with

4 actually a camera in the room on the youth.

5

THE COURT: Yeah.

6

MS. COMPTON: At our Kewanee, which is at our acute

7 mental health facility, they do have that equipment capacity

8 there.

9

THE COURT: But not in the confinement places like

10 St. Charles?

11

MS. COMPTON: Not in general confinement units the

12 rooms do not have cameras.

13

THE COURT: Yeah.

14

MS. COMPTON: But, then, under the emergency mental

15 health policy, you can be on a higher level of crisis, suicide

16 watch or crisis watch, where you're getting 5-minute checks

17 rather than --

18

THE COURT: Okay.

19

MS. COMPTON: -- 15 or 10.

20

So 15 is for anybody in confinement, I believe. And I

21 don't want to misspeak, but you would get more frequent checks.

22 For example, if you're actually on suicide watch, that's a

23 5-minute check.

24

THE COURT: Okay. So, Mr. Schwartz, you had -- in

25 your memorandum, you cited all of these -- a whole bunch of,

Case: 1:12-cv-07289 Document #: 128-1 Filed: 03/23/15 Page 19 of 29 PageID #:1533 18

1 you know, studies and articles and things like that about

2 psychological harm that's caused by confinement, solitary

3 confinement, whatever you want to call it; particularly true

4 with juveniles, but even more particularly true with juveniles

5 with mental health issues. So here's my question for you as

6 the lawyer for the plaintiffs: Why aren't -- I'm not saying

7 you should. I'm just asking why. Why aren't you in here

8 saying shouldn't be any, period, end of discussion, eliminated

9 completely?

10

MR. SCHWARTZ: The plaintiffs' preference would be

11 that there is no confinement at all, especially, you know,

12 these scenarios we hear about with acute --

13

THE COURT: Yeah, but answer my question.

14

MR. SCHWARTZ: Okay. This is a monitor-driven

15 process, and in meeting with the monitors that this Court has

16 appointed before, during, and after the processes we've gone

17 through to get here, this is what the monitors have told us is

18 minimally required under professional standards.

19

THE COURT: Say that word again?

20

MR. SCHWARTZ: The monitors --

21

THE COURT: The word that started with an M.

22

MR. SCHWARTZ: Minimally required.

23

THE COURT: And that standard comes from which case or

24 cases?

25

MR. SCHWARTZ: Well --

Case: 1:12-cv-07289 Document #: 128-1 Filed: 03/23/15 Page 20 of 29 PageID #:1534 19

1

THE COURT: Because that's used throughout here.

2 Where does that come from? I suppose I should know the answer

3 to that question, but I do not. Minimally required, why is

4 that the standard? That's my question. Anybody can answer

5 that question.

6

MR. SCHWARTZ: Yeah. Well, under the Prison

7 Litigation Reform Act, the regulations have to be the narrowest

8 possible to cure the Constitutional violation.

9

And we think that the standard applied by the

10 Constitution in this context is the minimal standards in the

11 profession.

12

Now --

13

THE COURT: Okay. But you said you -- you just said

14 you think that the standard that the Constitution requires is

15 the minimal standard in the profession. Where did you get

16 that? That's what I'm asking you.

17

MR. SCHWARTZ: I can't give you a case citation for

18 that right now.

19

THE COURT: Okay. I mean, I would have figured there

20 was, like, some Supreme Court case that says that or something

21 like the equivalent of Pennhurst or something like that.

22

MR. SCHWARTZ: Yeah. We can get back to you.

23

THE COURT: Because I -- when I saw that in here, I

24 mean, the term is used several times in various filings, and

25 I'm thinking, okay, this has got to come from somewhere; where

Case: 1:12-cv-07289 Document #: 128-1 Filed: 03/23/15 Page 21 of 29 PageID #:1535 20

1 is it coming from? So the PLRA. So what part of -- which is

2 42 U.S.C. Sec. 1997(a), right? Let me look. I've got that in

3 there. See if that's in here. All right. Just a minute.

4 Anybody know off the top of your head the citation for the

5 PLRA? Is it 42-1997?

6

MR. SCHWARTZ: Unfortunately, the pleadings I have

7 here don't have the citation to that section of the PLRA. It's

8 the section on entry of injunctions.

9

THE COURT: Well, we're going to start with 1997(a).

10

MR. SCHWARTZ: If anyone has the consent decree, it's

11 cited in the consent decree in the remedial plan.

12

MS. COMPTON: 3626(a). 18 U.S.C. Sec. 3626(a).

13

THE COURT: There you go. "Appropriate remedies with

14 respect to prison conditions. Prospective relief in any civil

15 action with respect to prison conditions shall extend no

16 farther than necessary to correct the violation of the Federal

17 right of a particular plaintiff or plaintiffs.

18

"The Court should not grant or approve any prospective

19 relief unless the Court finds that such relief is narrowly

20 drawn, extends no further than necessary to correct the

21 violation of the Federal right, and is the least intrusive

22 means necessary to correct the violation of the Federal right.

23

"The Court shall give substantial weight to any

24 adverse impact on public safety or the operation of a criminal

25 justice system caused by the relief." Is that the relief

Case: 1:12-cv-07289 Document #: 128-1 Filed: 03/23/15 Page 22 of 29 PageID #:1536 21

1 you're talking about?

2

MR. SCHWARTZ: Yes, your Honor.

3

THE COURT: But that still begs the question of what

4 the Federal right standard is. So, I guess, I want to know

5 where this, whatever the lingo is that you've used now that I'm

6 blanking on, minimally appropriate or whatever, I want to know

7 where that comes from. Yeah. I can't find a place where

8 you've used it in here. I thought I saw it.

9

MR. SCHWARTZ: Your Honor, the term that we used

10 throughout the pleading is minimally adequate professional

11 standards.

12

THE COURT: That's it.

13

MR. SCHWARTZ: And it appears, for example, on page 5

14 where we recite what we were asking the monitors their

15 testimony would be at the January 9 hearing.

16

THE COURT: All right. Give me just a second here to

17 do one other thing.

18

Minimally -- say it again?

19

MR. SCHWARTZ: Minimally adequate professional

20 standards.

21

THE COURT: Okay. I just typed into Westlaw, quote,

22 minimally adequate professional standards, closed quote, and

23 did a search of all federal cases. I come up with one use of

24 that term in a 30-year old case out of this district called

25 Kolpak v. Bell, K-O-L-P-A-K, v. Bell. And that's a case --

Case: 1:12-cv-07289 Document #: 128-1 Filed: 03/23/15 Page 23 of 29 PageID #:1537 22

1 it's an opinion by Judge Getzendanner involving some state

2 institution for mentally disabled individuals. They were at

3 the Waukegan Developmental Center, which was part of what I

4 think -- I'm not sure it's still called the Illinois Department

5 of Mental Health and Developmental Disabilities. That's what

6 it was called then. And the single time that Judge

7 Getzendanner uses that language it's just in a sentence that

8 doesn't have any citations, so I want to know where that comes

9 from.

10

And I'm not trying to give you a hard time here.

11 Well, maybe I am. I don't know. But I -- I just -- I want to

12 know why I'm doing what I'm being asked to do. And that would

13 be part of it. So I need you to figure that out. Why is that

14 the standard? Or if there's some other standard, tell me what

15 the standard is. And I -- you know, and -- okay. Maybe you

16 used it in the consent decree, and so maybe the question is why

17 I shouldn't have asked you about this then, but it's still a

18 legitimate question, so figure it out.

19

I guess, I want -- what I want to know, just to be

20 clear about it, is I want to know where that comes from. And

21 I -- and more generally, I want to know what the standard is

22 for assessing, you know, conditions of confinement at an

23 institution like this. And let me just say that if there -- if

24 we had -- if you were litigating an individual lawsuit, you

25 know, for damages, let's say, about prison conditions or

Case: 1:12-cv-07289 Document #: 128-1 Filed: 03/23/15 Page 24 of 29 PageID #:1538 23

1 conditions at any kind of a correctional facility, including a

2 juvenile facility, that wouldn't be the standard. The standard

3 would be whether it was deliberate indifference to something,

4 so it's got to come from somewhere. And I just -- I want to

5 know what the standard is. So is a week enough time to do

6 that? I'm not going to be -- I'm still on this long trial, and

7 I'm not going to be here two weeks from today, so is a week

8 enough time to give you a chance to look into that and come

9 back and talk to me?

10

MR. SCHWARTZ: Sure.

11

THE COURT: Okay. So I would like to get something in

12 writing by, let's say, the day before. So I'm going to

13 continue this to the 6th of March, but I'd like to get some

14 sort of written submission; it can be joint, it can be

15 non-joint, I don't really care, frankly, by the 5th, close of

16 business on the 5th. And then on the 6th, come in at 10:30.

17 That way, again, you won't have to hang around for a long call,

18 okay?

19

Anything else we should talk about? Okay. See you

20 then.

21

MR. SCHWARTZ: I'm sorry, just --

22

THE COURT: Yeah.

23

MR. SCHWARTZ: Your Honor, I just want to pose a

24 question and --

25

THE COURT: Pose away.

Case: 1:12-cv-07289 Document #: 128-1 Filed: 03/23/15 Page 25 of 29 PageID #:1539 24

1

MR. SCHWARTZ: We understand that we have instructions

2 to give you, you know, what you instructed us to give. If

3 there are particular provisions of the unopposed filed policy

4 on confinement that this Court has concerns about, the

5 plaintiffs certainly are willing to, you know, open up

6 discussion or support additional constraints on the use of

7 confinement.

8

THE COURT: Let me go back to this. Let me go back to

9 what you said when I asked the question about why aren't you,

10 you know, in here telling me there shouldn't be any confinement

11 at all, and you basically said it's a monitor-driven process

12 and this is what the monitor said was consistent with minimally

13 adequate whatever.

14

And, I mean, I have the monitors' reports from back

15 when they assessed things originally. I don't have any report

16 from monitors on this; not that I'm asking for them, because I

17 know this was a discussion that you had, but I guess it would

18 be beneficial to me -- and maybe if what I just talked about

19 isn't enough time to do this then tell me; I'll give you a

20 different date. It would be beneficial to me to have -- and I

21 don't know if it's all of the monitors or some of them or

22 whether it's one of them that's really more focused on this to

23 say: I've looked at this and I think that this is the right

24 way to go, and here's why I think that. And, I mean, you know

25 what my question is. My question is why should there be

Case: 1:12-cv-07289 Document #: 128-1 Filed: 03/23/15 Page 26 of 29 PageID #:1540 25

1 confinement at all. And maybe one of the monitors can speak to

2 that to say: Okay. I'm not advocating an absence of

3 confinement, and here's why I'm not advocating an absence of

4 confinement, because there's situations that arise that make it

5 necessary in certain types of cases, and I think that these

6 policies and procedures adequately define or describe when that

7 can be done. It would be nice to have something like that.

8

I mean, it's kind of -- I know I had done some

9 preparation, as I told you before the scheduled hearing in

10 January, and, I mean, I had seen some of the same kinds of

11 articles that you cite in this thing here, and so it's a

12 serious issue, and so it would -- it would be helpful to have

13 something like that.

14

And, again, I know everything is an expense, you know,

15 everything costs something. And I don't want to, you know,

16 just kind of gin up expenses for no reason, but we're not

17 talking about something that's, you know, just whether, you

18 know, the business days ends at 4:30 or 4:45, it's more

19 important than that, so it would be nice to have something like

20 that.

21

And it would be also nice, and I can sort of imagine

22 how you would give me a little bit more education, if you will,

23 on the types of situations that result in this. I mean, I

24 assume that when somebody is put in one of these statuses that

25 there has to be a report or something.

Case: 1:12-cv-07289 Document #: 128-1 Filed: 03/23/15 Page 27 of 29 PageID #:1541 26

1

MS. COMPTON: Yes.

2

THE COURT: Maybe you could come up with a way of, you

3 know, giving me some of those under seal and redacting the

4 names and so on and so forth so that I have at least a sense

5 of -- you know, give me some examples of real life situations.

6 I think that might be helpful too.

7

So should I give you more time? Probably should give

8 you more time.

9

MR. DIERKES: Yes.

10

THE COURT: Why don't I make it the 20th of March at

11 10:30 rather than the 6th.

12

MR. DIERKES: I think, your Honor, Ms. Compton can't

13 be here. Do you have another day around the 20th?

14

THE COURT: I need her here because she's good, so how

15 about the 27th then?

16

MS. COMPTON: That should be fine.

17

THE COURT: Does that work?

18

MS. COMPTON: Yes.

19

MR. DIERKES: Okay.

20

THE COURT: Okay. 10:30.

21

Actually, you know what, no. We don't have to do it

22 on a Friday that week because I think I'm going to be done with

23 my trial.

24

No. Let's keep it on the Friday. Yeah. That week is

25 kind of goofy. All right. I'll see you then. So this motion,

Case: 1:12-cv-07289 Document #: 128-1 Filed: 03/23/15 Page 28 of 29 PageID #:1542 27

1 whatever we called it today, whether it was a motion hearing or

2 status hearing or whatever, it's continued to the 27th of March

3 at 10:30.

4

MR. SCHWARTZ: What time?

5

THE COURT: 10:30.

6

And so what I'd like to get from you -- since I'm

7 giving you a little bit more time, what I'd like to get, we'll

8 just call them supplemental submissions, by, let's say, the

9 23rd of March. So that will give me a couple of days to read

10 them. And if something needs to be under seal, you have leave

11 to file it under seal. And that would probably only be the

12 case with regard to, you know, whatever kind of anecdotal

13 examples you want to give me.

14

MS. COMPTON: Right.

15

THE COURT: Other stuff wouldn't need to be under

16 seal.

17

MR. SCHWARTZ: Right. I'm sorry to be dense, but the

18 legal document you're interested in, that would also be on

19 March 23rd?

20

THE COURT: 23rd, yeah. So you don't need to give me

21 anything before that.

22

MR. SCHWARTZ: Yeah. Okay.

23

MR. DIERKES: Okay.

24

THE COURT: Everything clear now?

25

MR. DIERKES: Great, your Honor.

Case: 1:12-cv-07289 Document #: 128-1 Filed: 03/23/15 Page 29 of 29 PageID #:1543 28

1

THE COURT: Thanks.

2

(Which were all the proceedings had on the day and date

3

aforesaid.)

4

5

C E R T I F I C A T E

6

7

I certify that the foregoing is a true and correct

8 transcript of the record of proceedings in the above-entitled

9 matter.

10 /s/ JENNIFER L. DUNN
11 12

March 2, 2015 DATE

13 JENNIFER L. DUNN, CSR, RMR, CRR Contract Court Reporter
14

15

16

17

18

19

20

21

22

23

24

25

 
 Case: 1:12-cv-07289 Document #: 227 Filed: 12/13/17 Page 1 of 10 PageID #:2763

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

R.J., et al.,

)

)

Plaintiffs,

)

)

v.

)

)

HEIDI MUELLER, in her official capacity as )

Director of the Illinois Department of Juvenile )

Justice ,

)

Case No. 1:12-cv-7289 Hon. Matthew F. Kennelly

Defendant.

AMENDED CONSENT DECREE

For good cause shown, the Court orders, adjudges, decrees, and finds as follows:

I. INTRODUCTION

1. The complaint. Plaintiffs filed this civil rights class action pursuant to 42 U.S.C. §§ 1983 and 1988 and 28 U.S.C. § 2201 et seq. Plaintiffs are youth confined in secure Illinois Youth Centers (“IYCs”) operated by the Illinois Department of Juvenile Justice (“IDJJ”). Defendant is the IDJJ Director. The complaint alleges that certain IDJJ conditions, services, and treatment violate the Due Process Clause of the Fourteenth Amendment of the United States Constitution, and the federal Individuals with Disabilities Education Act. Specifically, the complaint addresses IDJJ mental health services, general and special education services, room confinement, safety, and commitment beyond release dates for lack of a community placement. The complaint seeks declaratory and injunctive relief.

2. Class certification. The Court certified a plaintiff class consisting of all youth who now are, and/or in the future will be, confined by the IDJJ, and of a sub-class consisting of class members with special education needs.

3. PLRA findings and stipulations. The Court finds and the parties stipulate that this consent decree complies in all respects with the Prison Litigation Reform Act (“PLRA”), 18 U.S.C. § 3626(a). Specifically, the terms of this consent decree are narrowly drawn; they extend no further than necessary to correct the violation of the federal rights of the plaintiffs, the plaintiff class, and the plaintiff sub-class; and they are the least restrictive means necessary to correct the violation. The court has given substantial weight to any adverse impact on public safety or the operation of a criminal justice system caused by the terms of this consent decree.

4. No admission of liability. The parties agree that to avoid costly and protracted litigation, the claims against the defendant should be resolved by this consent decree. By entering

1

Case: 1:12-cv-07289 Document #: 227 Filed: 12/13/17 Page 2 of 10 PageID #:2764
into this consent decree, or by taking any action in accordance with it, the defendant does not admit any of the allegations contained in plaintiffs’ complaint, nor does the defendant admit liability for any purposes.
5. Jurisdiction. The Court has jurisdiction under 28 U.S.C. §§ 1331 and 1343.
II. CREATING THE REMEDIAL PLAN
A. The process of creating the remedial plan
6. The court-appointed experts. The Court shall appoint expert witnesses. These experts shall investigate IDJJ mental health services, general and special education services, room confinement, safety, and commitment beyond release dates for lack of a community placement. The defendant shall compensate the experts for their reasonable time and expenses.
7. Selection of the court-appointed experts. The parties jointly propose the following experts for court appointment:
(a) Education: Peter E. Leone, Ph.D., Professor in the Department of Special Education, University of Maryland.
(b) Mental Health: Louis Kraus, M.D., Chief, Child and Adolescent Psychiatry, Rush University Medical Center.
(c) General Juvenile Justice: Barry Krisberg, Ph.D., Director of Research and Policy and Lecturer in Residence, Chief Justice Earl Warren Institute on Law and Social Policy, University of California, Berkeley School of Law.
8. Substitution of the court-appointed experts. If a court-appointed expert is unwilling or unable to continue to serve, then within 30 days, either:
(a) the parties shall jointly file with the Court the name of the agreed proposed substitute, subject to Court approval; or
(b) if the parties cannot agree upon the substitute, the parties shall each submit to the Court the name and qualifications of their respective proposed substitute, and the Court will select the experts.
9. Initial meeting of the court-appointed experts with the parties. Within 30 days after their appointment, and before they begin their investigation, the court-appointed experts shall simultaneously meet with both parties. The purpose of this meeting will be to discuss the upcoming investigation by the court-appointed experts of the five subjects identified above in paragraph six. At this meeting, either party may suggest that the court-appointed experts focus their investigation on certain issues or facilities, and/or should not focus their investigation on other issues or facilities. The court-appointed experts shall use their best professional judgment
2

Case: 1:12-cv-07289 Document #: 227 Filed: 12/13/17 Page 3 of 10 PageID #:2765
to independently determine what matters need to be examined, and what methods are required for such examination.
10. The court-appointed experts’ investigation. Within 180 days after their initial meeting with the parties, the court-appointed experts shall complete their investigation of the five subjects identified above in paragraph six. The experts shall have access to all facilities, documents, information, staff, and confined youth of the IDJJ and of any person or agency contracting with the IDJJ to provide services to youth. The experts may conduct private, ex parte interviews of youth and staff. The experts may conduct unannounced visits to any IDJJ facility.
11. The court-appointed experts’ report. Within 180 days after their initial meeting with the parties, the court-appointed experts shall file with the Court, and deliver to the parties, a report containing their findings regarding the adequacy of the conditions, treatment, issues, and services described above in paragraph six. Where such conditions, treatment, issues, and services are not adequate, these experts shall recommend specific ways to remedy such inadequacies.
12. The defendant’s draft remedial plan. Within 60 days after the court-appointed experts file and deliver their report, the defendant shall deliver to plaintiffs and the courtappointed experts a draft remedial plan that addresses all of the deficiencies identified by the experts. The defendant may seek input from the plaintiffs and the experts.
13. Proposed revisions to the draft remedial plan. Within 30 days after the defendant delivers to plaintiffs and the court-appointed experts the draft remedial plan, the plaintiffs and the experts shall deliver to defendant their respective proposed revisions.
14. Conferring about the draft remedial plan. Within 30 days after the plaintiffs and the court-appointed experts deliver their proposed revisions to defendant, the parties and the court-appointed experts shall meet and confer in a good faith effort to resolve any disagreements.
15. Process for approving the proposed remedial plan. Within 30 days after the plaintiffs and the court-appointed experts deliver their proposed revisions to defendant, either:
(a) The parties jointly shall file with the Court their agreed proposed remedial plan. The parties shall structure the remedial plan so that it complies with the PLRA, and shall so stipulate as set forth above at paragraph 3. The parties shall jointly move the Court to make the same findings in compliance with the PLRA. Or:
(b) The parties each shall file with the Court their separate proposed remedial plans. The court-appointed experts will be available at the Court’s request to report in writing regarding their opinions of those plans. The Court will resolve any disputes.
16. Entry of the remedial plan. Subject to the Court’s review and approval, the Court shall enter the final remedial plan as a new order.
3

Case: 1:12-cv-07289 Document #: 227 Filed: 12/13/17 Page 4 of 10 PageID #:2766
B. The substance of the remedial plan
1. Mental health services
17. The remedial plan shall ensure the provision of adequate mental health services to all IDJJ youth, including but not limited to: screening and assessment upon reception; identification of youth whose mental health needs change; appropriate treatment planning; provision to each youth of the particular mental health services set forth in their individualized mental health treatment plan; appropriate, prompt, and confidential access to mental health professionals; appropriate suicide prevention; appropriate prescription and monitoring of psychotropic medications; appropriate and prompt hospitalization of youth when required; appropriate substance abuse diagnosis and treatment; appropriate juvenile sex offender treatment; and appropriate aftercare and discharge planning.
2. Education services
18. General education. The remedial plan shall ensure adequate general education services to all youth, regardless of their status or security classification, including but not limited to: an appropriate number of hours of instruction per week; appropriate instruction in all subjects where youth must earn credit to graduate from secondary education; and appropriate vocational education.
19. Special education. The remedial plan shall ensure adequate special education services to all youth with special education needs, regardless of their status or security classification, including but not limited to: identification of youth with special education needs by the IDJJ’s own screening and by conferring with each youth’s home school district; developing and implementing an appropriate IEP for each qualifying youth; and providing appropriate special education services.
20. Exercise, recreation, and work. For all youth, regardless of their status or security classification, the remedial plan shall ensure, during non-school hours and days, adequate constructive, supervised rehabilitative services, including an appropriate mix of physical exercise, recreational activities, and work “details.”
21. Youth with a diploma or GED. The remedial plan shall ensure, during school hours, for youth at all IYCs who have a high school diploma or a GED, regardless of their status or security classification, adequate constructive, supervised programming reasonably directed towards rehabilitation, such as vocational education and post-secondary education, to ensure that such youth are not idle.
3. Room confinement
22. The remedial plan shall ensure appropriate policies, staff training and supervision, and physical conditions regarding room confinement, including but not limited to the circumstances (if any) under which room confinement may be used, the duration of confinement,
4

Case: 1:12-cv-07289 Document #: 227 Filed: 12/13/17 Page 5 of 10 PageID #:2767
the physical conditions of confinement, treatment and services during confinement, and monitoring of youth in confinement.
4. Safety
23. The remedial plan shall contain appropriate policies, staffing, staff training, and supervision to ensure the physical safety of youth from assaults by other youth and from excessive force by staff, including but not limited to the following:
(a) Policies regarding the circumstances (if any) under which facility staff may use pepper spray or similar chemical agents.
(b) The IDJJ shall maintain an adequate system of oversight and discipline which reasonably assures the proper and prompt investigation of, and where warranted appropriate action regarding, allegations of excessive force by staff against youth, of sexual misconduct by staff against youth, of staff encouraging youth to attack other youth, of staff not timely and appropriately acting to protect youth from attacks by other youth, and of any other staff misconduct towards or neglect of youth. All investigations and remedial actions shall be properly documented.
(c) When a youth seeks care from a health care provider, the health care provider shall confidentially ask the youth how they received their injury. If the health care provider suspects that the cause of injury is excessive force by staff, the health care provider shall preserve evidence and file an appropriate report.
(d) Staff shall document in writing all use of force by staff against youth, all violence by youth against youth, and all youth injuries. IYC management shall review all such documentation, and shall analyze it for patterns that may indicate staff misconduct, or the need to revise policy to prevent future injury.
(e) An adequate behavioral management program.
5. Continued commitment for lack of a community placement
24. The remedial plan shall provide for policies, staffing, and staff training and supervision to minimize the continued commitment of youth to IYCs solely because a community placement has not been secured for them.
25. The remedial plan shall provide policies, staffing, and staff training and supervision to improve re-entry planning, and to assist paroled youth in successful re-entry.
6. General provisions of the remedial plan
26. As to each of the subjects set forth above in parts II(B)(1) through II(B)(5) of this consent decree, and to the extent necessary to remedy any deficiencies identified by the experts, the remedial plan shall provide:
5

Case: 1:12-cv-07289 Document #: 227 Filed: 12/13/17 Page 6 of 10 PageID #:2768
(a) specific tasks, timetables, goals, programs, plans, strategies, and protocols to fulfill all obligations of the remedial plan and this consent decree;
(b) sufficient numbers of adequately qualified and trained staff to fulfill all obligations of the remedial plan and this consent decree, including but not limited to senior and mid-level managers, psychiatrists, psychologists, social workers, nurses, other mental health professionals, general education teachers, special education teachers, vocational education teachers, other education professionals, youth and family specialists (sometimes called counselors), juvenile justice specialists (formerly called youth supervisors), leisure time activity specialists, aftercare specialists, and clericals;
(c) sufficient services and resources of sufficient quality, scope, and variety to fulfill all obligations of the remedial plan and this consent decree;
(d) adequate training, supervision, and (as needed) discipline of all staff;
(e) an adequate system of continuous quality assurance and improvement;
(f) adequate record-keeping; and
(g) the adoption or revision, as needed, of IDJJ policies, procedures, protocols, and practices.
III. COMPLYING WITH, MONITORING, AND ENFORCING THE REMEDIAL PLAN AND THIS CONSENT DECREE
A. The defendant’s affirmative compliance duties
27. The defendant’s duty to comply. The defendant shall ensure that the IDJJ complies with all provisions of this consent decree and the remedial plan.
28. The defendant’s annual compliance reports. By July 1 of every year, the defendant shall file with the Court, and deliver to the monitor and the plaintiffs’ counsel, an annual report describing in detail the specific actions the defendant will undertake during the following fiscal year, and that the defendant undertook during the prior fiscal year, to comply with the remedial plan and this consent decree.
B. Monitoring
29. The monitors. The jointly appointed experts shall serve as monitors. The monitors shall independently monitor the IDJJ’s compliance with this consent decree and the remedial plan, identify actual and potential areas of non-compliance with this consent decree and the remedial plan, mediate disputes between the parties, and bring issues and recommendations to the Court for resolution. The monitors shall visit each IYC at least once per year. The defendant shall compensate the monitors for their reasonable time and expenses.
6

Case: 1:12-cv-07289 Document #: 227 Filed: 12/13/17 Page 7 of 10 PageID #:2769
30. Substitution of a monitor. If a monitor is unwilling or unable to continue to serve, then within 30 days, either:
(a) the parties shall jointly file with the Court the name of the agreed proposed substitute, subject to Court approval; or
(b) if the parties cannot agree upon the substitute, the parties shall each submit to the Court the name and qualifications of their respective proposed substitute, and the Court will select the substitute.
31. The monitors’ consultants. The monitors may retain consultants. Before doing so, a monitor shall provide written notice to both parties. If a party objects, the party within seven days shall deliver written objections to the monitor and the other party. Within seven days after such delivery, the parties and the monitor shall meet and confer. If the parties and the monitor do not agree, either party or the monitor may file an appropriate motion with the Court. The defendant shall compensate the monitor for the reasonable time and expenses of such consultants.
32. The monitors’ annual compliance reports. Within 180 days of entry of the final remedial plan, the monitors shall file with the Court, and deliver to the parties, a report regarding the status of defendant’s compliance with the remedial plan and this consent decree, including the identification of any areas of non-compliance. The monitors may file additional reports at their discretion, but must file at least one report every twelve months.
33. Monitoring by the plaintiffs’ counsel. The plaintiffs’ counsel also shall monitor defendant’s compliance with the remedial plan and this consent decree.
34. The defendant’s facilitation of monitoring. To facilitate monitoring, the defendant shall:
(a) Provide the monitors and the plaintiffs’ counsel each with one-day notice of the in-custody death or off-facility hospitalization of any youth.
(b) Provide the monitors and the plaintiffs’ counsel each with access to all facilities, documents, information, staff, and youth of the IDJJ and of any person or agency contracting with the IDJJ to provide services to youth, provided that health, mental health, and substance abuse records are subject to the protective order in this case.
(c) Provide the monitors and the plaintiffs’ counsel each, on a monthly basis, with the names of youths who, to the knowledge of IDJJ’s administration, have been referred for delinquency or criminal prosecution as a result of incidents occurring while in IDJJ custody. These monthly reports shall also include the youth’s age, race, mental health level, committing county, date of the alleged offense, a description of the alleged offense and the associated reportable incident report, and the status of the prosecution, if known to IDJJ’s administration.
7

Case: 1:12-cv-07289 Document #: 227 Filed: 12/13/17 Page 8 of 10 PageID #:2770
(d) Comply with reasonable requests by both the monitors and the plaintiffs’ counsel for any other information that is related to their review and evaluation of defendants’ compliance with the remedial plan and this consent decree.
(e) Allow the monitors and the plaintiffs’ counsel each to conduct private, ex parte interviews of youth.
(f) Allow the monitors to conduct private, ex parte interviews of the staff of the IDJJ and the IDJJ’s contractors.
(g) Allow the monitors to conduct unannounced visits to any IDJJ facility.
C. Enforcement
35. Process for enforcing compliance. At any time, if a monitor believes that the defendant is or is reasonably likely to be out of compliance with any provision of the remedial plan or this consent decree, he or she shall promptly notify the defendant and the plaintiffs’ counsel in writing. Likewise, at any time, if the plaintiffs’ counsel believe that the defendant is or is reasonably likely to be out of compliance with any provision of the remedial plan or this consent decree, they shall promptly notify the defendant and the monitor in writing. Within seven days of such notice, the parties and the monitor shall meet and confer regarding this alleged non-compliance. If the parties and the monitor agree that there is non-compliance, and how to remedy such non-compliance, such agreement shall be submitted to the Court as an agreed order. If the parties and the monitor dispute whether there is non-compliance, and/or how to remedy such non-compliance, the monitor or the plaintiffs may move the Court for a new order finding non-compliance and ordering compliance.
IV. GENERAL PROVISIONS
36. Definition of substantial compliance. A facility is in substantial compliance in a subject area if any violations of the relevant remedial plan(s) are minor or occasional, and are neither systemic nor serious. However, if a serious violation of the remedial plan occurs, the facility is in substantial compliance if the facility promptly identifies the violation and develops and implements a timely and appropriate remedy that results in compliance.
37. End of monitoring. When a facility is found to be in substantial compliance on an issue for one full year, and is found to remain in substantial compliance after review by the relevant expert(s) one year later, monitoring regarding that issue at that facility shall end, except that, for good cause, the monitors may continue such monitoring, subject to either party’s request for Court review of the matter. Alternatively, either party may move the Court, upon a showing of good cause, for an order to continue such monitoring. In all events, such continued monitoring shall last for one additional year, subject to possible renewal as set forth in this paragraph.
38. Termination. The remedial plan and this consent decree shall terminate when monitoring has ended for all issues and facilities. If the parties dispute whether the defendant has achieved such substantial compliance, either party may move the Court to resolve the dispute.
8

Case: 1:12-cv-07289 Document #: 227 Filed: 12/13/17 Page 9 of 10 PageID #:2771
39. Modification. Either party may file a motion with the Court requesting a modification to the remedial plan or consent decree.
40. Dispute resolution. If any dispute arises under any aspect of this consent decree or the remedial plan, the parties shall attempt in good faith to resolve the dispute, prior to raising the matter with the Court.
41. Ex parte communications. The court-appointed experts and the court-appointed monitors may communicate ex parte with the parties and their counsel. If the court experts or the monitors provide anything to the Court, they must simultaneously serve copies to the parties. The experts and the monitors cannot meet with the Court without prior notice to the parties and an opportunity for the parties to be present.
42. Youth confidentiality. The court-appointed experts, the monitors, any consultants to the monitors, and the plaintiffs’ counsel shall maintain the confidentiality of all information that they obtain, pursuant to this consent decree and the remedial plan, about individual youth, in compliance with the protective order in this case.
43. Resolution of all claims. This consent decree and the remedial plan shall constitute a final resolution of all claims, and only those claims, for injunctive relief actually set forth in the plaintiffs’ complaint.
44. Attorney fees, costs, and expenses. Plaintiffs are entitled to their reasonable attorney fees, costs, and expenses for prosecution of this cause of action, and monitoring and enforcement of the remedial plan and this consent decree.
9

Case: 1:12-cv-07289 Document #: 227 Filed: 12/13/17 Page 10 of 10 PageID #:2772

IT IS SO STIPULATED AND AGREED:
For the plaintiffs:
By: /s/ Camille Bennett
Date: December 8, 2017
Benjamin S. Wolf Camille Bennett Lindsay S. Miller Roger Baldwin Foundation of ACLU, Inc. 150 North Michigan Avenue, Suite 600 Chicago, IL 60601 (312) 201-9740
Maja C. Eaton Kevin M. Fee, Jr. Joseph R. Dosch Sidley Austin LLP One South Dearborn Chicago, IL 60603 (312) 853-7000

For the defendant:
By: /s/Heidi Mueller
Date: December 8, 2017
Heidi Mueller Director of the Illinois Department of Juvenile Justice

IT IS SO ORDERED:
By: ____________________________________ Date: 12/13/2017 United States District Court Judge

10

 
 Case: 1:12-cv-07289 Document #: 241 Filed: 07/25/18 Page 1 of 22 PageID #:2884

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

R.J. et al., Plaintiffs,
v. HEIDI MUELLER,
Defendant.

) ) ) ) ) Case No. 12-cv-7289 ) ) Hon. Matthew F. Kennelly ) )

SEMI-ANNUAL JOINT STATUS REPORT (JULY 2018) This report is submitted pursuant to the Court’s Order entered February 16, 2017 (Dkt. 188), which directed the parties to file a semi-annual report regarding those provisions of the Remedial Plan as to which Plaintiffs contend the Department of Juvenile Justice (the “Department” or “DJJ”) is not currently in substantial compliance. On July 3, 2018, Plaintiffs’ counsel provided a summary of Plaintiffs’ preliminary positions as to areas in which the Department was currently not in compliance with the Remedial Plan and related Supplemental Orders. This report addresses the areas Plaintiffs’ counsel identified for status update in the July 3 summary. In 2017, Plaintiffs identified twenty-eight areas of contended non-compliance for the semi-annual report. In 2018, Plaintiffs have identified twenty-three areas. This Joint Status Report explains the Department’s efforts and progress in the identified areas since the Compliance Report filed on January 24, 2018 (“Compliance Report,” Dkt. 228), followed by Plaintiffs’ Responses as to same.

1

Case: 1:12-cv-07289 Document #: 241 Filed: 07/25/18 Page 2 of 22 PageID #:2885

REMEDIAL PLAN PART II: MENTAL HEALTH SERVICES
Paragraph 4: Mental Health Staffing Levels and Qualifications: DJJ shall establish appropriate staffing levels and qualifications of mental health professionals.
DJJ Status: On May 10, 2016, this Court entered an order outlining the required mental health staff to youth ratios for the Department’s facilities and required qualifications for mental health staff. (Dkt. 165.) The Department is meeting the established mental health staffing levels at IYC-Harrisburg, IYC-St. Charles, and IYC-Warrenville. IYC-Chicago has hired a new mental health professional, who is currently awaiting background clearance, and will meet staffing levels when this individual begins work.
The mental health staffing and staff licensures for each facility are specified in the table below.

Facility IYC-Chicago
IYC-Harrisburg
IYC-Pere Marquette
IYC-St. Charles
IYC-Warrenville

Mental Health Staffing Levels 1 Treatment Unit Administrator; 4 full-time mental health staff; 1 vacancy All have licensure.
1 Treatment Unit Administrator; 11 full-time mental health staff; 2 vacancies All have licensure.
Treatment Unit Administrator- Vacancy (1 staff temporarily assigned to this position); 1 full-time mental health staff; 1 vacancy due to temporary assignment All have licensure.
1 Treatment Unit Administrator; 9 full-time mental health staff; 3 vacancies. 3 with no licensure (working towards licensure)
1 Treatment Unit Administrator; 5 full-time mental health staff; no vacancies. All have licensure

All mental health professionals have one of the licensures listed in the court’s May 10, 2016 order, with the exception of three mental health professionals at IYC-St. Charles. The
Department hired three individuals working to obtain their licensure and are providing them up to one year to complete requirements. One has completed all requirements and is waiting for the
license to be mailed, one will complete all requirements by the end of August, and one will take the exam and complete all requirements by the end of the year.

Regarding the vacant Treatment Unit Administrator position at IYC-Pere Marquette, the Parties and Mental Health Monitor met on March 7, 2018 and agreed that a candidate with a Master’s degree in psychology or social work, along with a clinical license, would be appropriately qualified for the position and that a PhD. was not required. The Department is working with Central Management Services to edit the position description with revised qualifications.

2

Case: 1:12-cv-07289 Document #: 241 Filed: 07/25/18 Page 3 of 22 PageID #:2886
Plaintiffs’ Response: Plaintiffs identified this as an area of non-compliance based upon data provided by the Department to Plaintiffs as part of Plaintiffs’ standing data and information requests. That data, as of the end of April, indicated that the Department had not been meeting the “established mental health staffing ratios” at IYC St. Charles or at IYC Harrisburg since the beginning of 2018, with IYC Chicago having also fallen out of compliance more recently. Based upon the Department’s representations, it appears that the staffing deficiency at IYC Harrisburg has been remedied and that at IYC Chicago is in the process of being remedied. Compliance under the Consent Decree however requires continuous compliance. Dkt. 277, ¶¶ 36-37.
Similarly, while understanding that working with Central Management Services is challenging, Plaintiffs note that there is no timeframe provided within which the Department expects to remedy the vacant Treatment Unit Administrator position at IYC Pere Marquette.
Paragraph 5: Mental Health Records and Hospitalization: DJJ shall implement uniform policies in all facilities to ensure (a) that the DJJ timely requests hospital and other outside mental health records for youth and (b) adequate identification and assessment of youth with significant mental health needs potentially in need of outside hospitalization, and as appropriate facilitation of such hospitalization.
DJJ Status: Regarding requests for hospital and outside mental health records for youth during the admissions process, Administrative Directive 05.05.105 details the process for Reception and Classification staff to follow during the intake process. Reception staff document prior admissions to other correctional or psychiatric facilities on the “Review of Youth’s Treatment History” form and submit this form to the Health Care Unit. Health Care staff then request these records. The Department has identified a lack of consistency sending the records requests at IYC-St. Charles and will conduct additional quality improvement reviews this fall.
Regarding identification and assessment of youth with significant mental health needs, the Department outlined a plan forward in the Parties’ Joint Progress Report as to Priority Items Identified (“Progress Report”) (Dkt. 237) to reassess and improve its mental health services system in accordance with the Mental Health Monitor’s guidance. The Department shared the plan with the Mental Health Monitor and received no objections or feedback in response. The Department has taken the following steps to ensure adequate identification, assessment, and treatment for youth with significant mental health needs:
� The Department’s Child and Adolescent Psychiatrist is conducting a census of youth psychiatric diagnoses and medication profiles to adjust treatment when necessary. Dr. Maskel is reviewing diagnoses as part of her supervision of the psychiatrists treating youth at the facilities. On-site reviews are scheduled at IYC-Harrisburg and IYCWarrenville by the end of July, and the initial review of all facilities will be completed by the end of 2018 with quality improvement activities and supervision ongoing. Examples of her review of diagnoses include the following: o Differentiating Disruptive Mood Dysregulation Disorder from Bipolar Disorder; o Appropriately diagnosing ADHD; o Paring down diagnostic lists when symptoms are fully accounted for under more primary diagnoses to sharpen the focus of treatment;
3

Case: 1:12-cv-07289 Document #: 241 Filed: 07/25/18 Page 4 of 22 PageID #:2887
o Reviewing the use of certain atypical antipsychotic medications to ensure they are aligned with best practice treatment for adolescents, including review of medication regimes for possible increased use of Selective Serotonin Reuptake Inhibitor (SSRI) agents (instead of antipsychotics) which have significantly less long term negative side effects; and
o Reviewing stimulant medications and directing treating psychiatrist to use alternatives with less potential for abuse or diversion.
� The Department is revising its policies based on the Mental Health Monitor’s guidance to ensure that staff review youth mental health levels when certain indicators are present, identify factors indicating the need for additional support, adjust treatment protocols when necessary, and utilize appropriate interventions so youth receive appropriate services. Drafts will be shared with Plaintiffs’ Counsel and the Monitors, and final versions will be completed by September 30.
� The Department continues its discussions with a residential treatment provider to develop a long-term treatment unit for DJJ youth with significant and persistent mental health needs. This provider recently modified an existing program to provide treatment to one of DJJ’s highest needs youth, but unfortunately, the placement was unsuccessful and the youth returned to DJJ’s custody. The Department is contacting other treatment providers serving individuals with high-end psychiatric needs to identify other potential partners. This remains a key focus for DJJ.1
Finally, the Department’s policy for Emergency Mental Health Services (A.D. 04.04.102) is being implemented at all youth centers. DJJ’s mental health department tracks all youth experiencing a mental health crisis on a monthly crisis log. The Department follows the statewide Illinois Services Screening, Assessment and Support Services (SASS) protocol in collaboration with the Illinois Department of Children and Family Services (DCFS), the Department of Healthcare and Family Services (HFS), and the Department of Human Services (DHS), for youth psychiatric hospitalization.
Plaintiffs’ Response: Plaintiffs identified the first requirement of this section of the Remedial Plan (Part II, para. 5(a), requiring timely requests for hospital and mental health records) as an area of non-compliance based upon the lack of any data enabling evaluation of compliance. (Plaintiffs had been told that this would be a subject of Administrative Directive audits but the audit reports received by Plaintiffs did not address this issue.) Based upon the Department’s response, it now appears that the Department’s audits have in fact identified a failure in this area at IYC St. Charles.
As to subsection (b), Plaintiffs contend that the Department in not in compliance in that there is no current ability to place youth in psychiatric hospitalization. The remainder of the
1 In the hearing on June 25, 2018, the Department agreed to contact the Cook County Juvenile Temporary Detention Center (JTDC) to inquire regarding their contracted residential treatment provider for youth with significant psychiatric needs. The Department’s Deputy Director of Programs contacted the JTDC Mental Health Program Director and learned that the JTDC does not have a contract for residential psychiatric treatment, and the JTDC relies on the Illinois Screening, Assessment and Support Services (SASS) process for psychiatric hospitalization and the John Stroger Hospital Emergency Department for acute psychiatric emergencies. The SASS process is also utilized by IDJJ.
4

Case: 1:12-cv-07289 Document #: 241 Filed: 07/25/18 Page 5 of 22 PageID #:2888
initiatives described by the Department in this section, in Plaintiffs’ view, do not bear on this requirement (they have been previously reported to the Court and are pertinent to mental health services more generally).
Paragraph 6: Individualized Mental Health Treatment Plans and Coordination of Treatment: DJJ shall ensure uniform policies and procedures for mental health treatment plans and coordination of treatment are in place in all facilities, including family therapy as appropriate.
DJJ Status: The Department has developed and implemented uniform policies and procedures for mental health treatment plans and coordination of treatment at all facilities. To continue improving its practice, as noted above, the Department outlined a plan forward in the Progress Report (Dkt. 237) to reassess and improve its mental health services system in accordance with the Mental Health Monitor’s guidance. The Department is revising its policies relating to mental health treatment as follows:
� The Department issued a policy bulletin for Providing Developmentally Appropriate Services to Younger Youth, attached as Exhibit A. The policy was reviewed by the Mental Health and Safety and Welfare Monitors, and their feedback was incorporated in the final version. The policy will improve mental health treatment plans and coordination of treatment for youth age 13 and 14 specifically.
� As described in the Progress Report (Dkt. 237) and above (Part II ¶ 5), the Department is revising its policies based on the Mental Health Monitor’s guidance. Drafts will be shared with Plaintiffs’ Counsel and the Monitors, and final versions will be completed by September 30. These policies will improve mental health treatment plans and coordination of treatment for all youth.
The Department is continuing to work on its family therapy and family engagement, which are being tracked monthly in the Mental Health Date Reports and shared with the Mental Health Monitor and Plaintiffs’ Counsel. Mental health staff are also completing Monthly Family Therapy Checklists to document efforts and obstacles related to engaging youths and their family in family therapy. Samples of these checklists are available for Plaintiffs’ counsel and the Mental Health Monitor to review. The Department’s consultant for family engagement and family therapy is reviewing the data derived from these checklists and will submit findings and recommendations to the Department by August 30.
Plaintiffs’ Response: These provisions require monitor assessment. Plaintiffs identified these as areas of non-compliance based upon the Mental Health Monitor’s expressed concerns about assessment of youth mental health needs and DJJ’s own plans for reevaluation of its practices. Consequently, any assessment of compliance with (a) and (b) must await the Mental Health Monitor’s 2018 report. Finally, the Monitor’s last assessment of (c) indicated progress but not yet full compliance.
Paragraph 7: Medication Consent: DJJ shall develop revised forms to ensure appropriate inform consents for administration of psychotropic medications.
5

Case: 1:12-cv-07289 Document #: 241 Filed: 07/25/18 Page 6 of 22 PageID #:2889
DJJ Status: The Department has been utilizing a medication consent form approved by the Mental Health Monitor since January 31, 2017. The Department’s Health Care Unit Administrators for each facility have been reviewing the forms and providing the Department’s Medical Director with quarterly reports on compliance. When the Mental Health Monitor visits facilities this summer, the Department will direct him to location of these consents in the youth medical file and will review the documentation with him to ensure it meets his expectations.
Plaintiffs’ Response: This provision requires monitor assessment. Plaintiffs identified this as an area of non-compliance based upon the Mental Health Monitor’s previous assessments of noncompliance with this paragraph.
Paragraph 8: Medication Management: DJJ shall review and revise, in consultation with the DJJ Medical Director and Child and Adolescent Psychiatrist, its policies and procedures relating to medication management.
DJJ Status: The Department revised its Administrative Directive on Non-Emergency Mental Health Services (04.04.101) to include provisions regarding follow-up medication evaluations for youth receiving psychotropic medication and protocols for stimulant medication treatment for youth diagnosed with Attention Deficit Hyperactivity Disorder. The revised policy was emailed to Plaintiffs’ Counsel and the Mental Health Monitor on January 31, 2018. The Department will ask the Mental Health Monitor to review it during his monitoring visit to ensure it meets his expectations, and a final draft will be adopted before September 1, 2018.
Plaintiffs’ Response: This provision requires Monitor assessment. Plaintiffs identified this as an area of non-compliance based upon the Mental Health Monitor’s previous assessments of non-compliance with this paragraph.
Paragraph 10: Youth Seeking Immediate Mental Health Care: DJJ shall promptly fulfill requests by youths who ask to immediately speak with a mental health professional.
DJJ Status: The Department tracks the mental health referrals it receives from youth, from staff, and the number of those referrals responded to on the same day, within 24 hours, and within 5 business days of the request. Requests are tracked in three separate categories:
� Crisis referrals are submitted by staff for urgent needs. � Non-urgent requests can be made by staff by phone or incident reports. � Urgent and Non-urgent requests can be made by youth or staff using the Mental Health
Service Referral form. The referral form is utilized extensively at IYC-Warrenville, while the other facilities primarily refer non-urgent requests by phone or incident report. When received, mental health staff review the form to determine whether the request is urgent or not.
The following chart shows the data on mental health referrals for June 2018:
6

Case: 1:12-cv-07289 Document #: 241 Filed: 07/25/18 Page 7 of 22 PageID #:2890

Facility
IYC Chicago IYC Harrisburg IYC Pere Marquette IYC St Charles IYC Warrenville

Crisis Referrals

Number

Percent

responded to

on same day

16

100%

7

100%

8

100%

74

100%

30

100%

Mental Health Service Referral Forms

From Staff From Youth Percent

Percent

responded to responded to

on same day w/in 5 days

3

11

73%

100%

0

5

20%

100%

6

0

100%

N/A

5

0

100%

N/A

1

97

100%

N/A

During the month of June, every crisis referral was responded to on the same day. The percentage of Mental Health Referral forms responded to on the same day varies by facility. The data does not distinguish between urgent and non-urgent referrals in this category. The Department believes that the 20% of Mental Health Referral forms at IYC-Harrisburg responded to the same day were urgent in nature, and all Mental Health Referral forms at all facilities were responded to within five days.
Plaintiffs’ Response: Plaintiffs identified this as an area of non-compliance based upon youth interviews and upon the Mental Health Monitor’s prior assessments. Plaintiffs believe that there are ongoing problems with compliance with this provision at both IYC St. Charles and IYC Harrisburg, and possibly IYC Chicago as well. There is an inherent problem with the data the Department uses to assert compliance here in that what youth complain of is that requests for mental health services are ignored (and thus presumably not documented). The Mental Health Monitor previously assessed non-compliance with this provision at IYC St. Charles, and questionable compliance at IYC Harrisburg and IYC Chicago.

REMEDIAL PLAN PART III: EDUCATION SERVICES
Paragraph 1: Full-Time, Full-Day Instruction: DJJ shall provide full-time, full-day instruction on all scheduled school days in each facility.
DJJ Status: Since January, the Department has continued to provide instruction on all scheduled school days for at least five hours per day at IYC-Pere Marquette and IYCWarrenville without issue. At IYC-Harrisburg, youth generally received full-time and full-day instruction but encountered partial-day cancellations during the month of May. The cancellations were due to short-term educator shortages and power outages. Both issues have been resolved and full-time, full-day instruction continues at that facility.

At IYC-Chicago, an educator shortage during this school year resulted in half-day school on all scheduled school days. One new teacher will be starting on August 1, and the Department

7

Case: 1:12-cv-07289 Document #: 241 Filed: 07/25/18 Page 8 of 22 PageID #:2891
anticipates full-day school resuming on September 1 when another staff member returns from leave.
At IYC-St. Charles, persistent shortages in educators and security staff have led to a continued lack of compliance with this requirement. As of July 9, 2018, each cottage is scheduled to attend school for a half-day on all scheduled school days, either in the morning or afternoon. Youth and Family Specialists visit the school daily and mental health groups are being conducted in the school building to provide additional support for youth and create a stronger staff presence. The school is offering extended work schedules and overtime compensation to educators and will be scheduling additional blocks of class time in the evening to maximize youth opportunities for school beginning August 1. The Department’s efforts to increase security staff (detailed in Part V ¶ 4) and educator staff (detailed in Part III ¶¶ 2 and 3) at IYC-St. Charles are critical to providing full-day school.
The Department is continuing to expand its dual-credit career and technical education (CTE) programs for youth in high school, and its post-secondary vocational and collegiate programming for high school graduates. Updates include the following:
� At IYC-St. Charles, the Lake Land College program currently offers courses in custodial maintenance, construction occupations, and business applications. A horticulture course will be offered when the educator vacancy is filled. The program is available to postsecondary students for college credit and to high school students for dual-credit (two slots per course). Youth who successfully complete these Lake Land College programs have an opportunity to earn Lake Land College certificates for these post-secondary vocational education programs.
� Also at IYC-St. Charles, the Department recently hired two new CTE teachers and started a Business Applications Course teaching computer technology. Youth completing the course will have the opportunity to take the Certiport assessment for the Microsoft Office Specialist (MOS) certification.
� At IYC-Harrisburg, the Lake Land College program is fully-staffed and offers courses in custodial maintenance, building maintenance, culinary arts, and horticulture. The program is currently available for post-secondary students and will be expanding to be available for high school students with an opportunity for dual credit. One high school student begins the custodial maintenance course on July 23. Youth who successfully complete these Lake Land College programs have an opportunity to earn Lake Land College certificates for these post-secondary vocational education programs.
� Also at IYC-Harrisburg, the District offers a building maintenance course and a culinary arts course for high school students. Youth enrolled in the building maintenance course sit for the OSHA 10 certification and youth enrolled in the culinary arts course sit for the ServSafe Food Handler certification upon completion.
� At IYC-Pere Marquette, the Department’s CTE teacher offers high school students an AutoCAD course, which features software applications for drafting and design. Additionally, a construction course is available to GED-eligible high school students and high school graduates through a joint partnership with Lewis & Clark Community College and Youth Build.
8

Case: 1:12-cv-07289 Document #: 241 Filed: 07/25/18 Page 9 of 22 PageID #:2892

� At IYC-Chicago, three youth are attending Malcolm X Community College and taking courses in the summer session. This opportunity is currently available only for post-
secondary students.

Continuing to expand dual-credit and post-secondary opportunities at all facilities remains a key area of focus for the Department. For IYC-Chicago and IYC-Warrenville, the
Department recently entered into a Memorandum of Understanding with Larry Barber College to provide post-secondary barbering and cosmetology education programming. Efforts are
underway to obtain the necessary equipment in order to begin these programs in September. Additionally, at IYC-Warrenville, the College of DuPage is planning to conduct two classes,
worth five credit hours, for up to eight youth at the facility this fall. The classes will be dualcredit and available to high school and post-secondary students.

A chart summarizing the number of youth participating in post-secondary and collegiate programs appears below.

Youth in Continuing Education

Post-Secondary

IYC Chicago

0

IYC Harrisburg

9

IYC Pere Marquette

20

IYC St. Charles

12

IYC Warrenville

0

IDJJ Total

41

Collegiate
3 9 0 12 0 24

Regarding alternative educational programming for youth in the Reception and Classification (R&C) units, youth at IYC-Harrisburg participate in educational assessments, orientation, and introductory educational programming while in R&C before transferring to general population. At IYC-Warrenville, youth only remain in R&C for a few days and receive educational programming immediately upon transfer to general population. Youth at IYC-St. Charles do not receive educational programming during R&C, and this remains and area for improvement.

On scheduled “not-in-attendance” (NIA) days at the facility, school staff members participate in professional development and other activities as directed by the school principal. Youth at the facility are scheduled for programming by the facility administration. Examples of the alternative educational programming offered during the most recent week of NIA days include the following:
� Youth nearing completion of credits at IYC-Harrisburg received instruction and tutoring.
� Youth at IYC-Pere Marquette participated in Prison Rape Elimination Act (PREA) training, a Youth Build presentation on career pathways, Independence Day trivia, and an art show.
� Youth at IYC-St. Charles participated in LVI tutoring and GED testing.
� Youth at IYC-Warrenville participated in Debate Club, Storycatchers Theater, the Pawsitive Futures dog training program, and wellness groups.

9

Case: 1:12-cv-07289 Document #: 241 Filed: 07/25/18 Page 10 of 22 PageID #:2893
Plaintiffs’ Response: Plaintiffs identified these as areas of non-compliance based upon site visits and youth interviews and also based upon data provided by the Department to Plaintiffs as part of Plaintiffs’ standing data and information requests. As to the full-day, five hour education requirement for non-graduates, there is persistent, long-term non-compliance at IYC St. Charles and there has been non-compliance of at least several months’ duration at IYC Chicago. In addition, although the Department asserts that IYC Harrisburg experienced only “partial-day cancellations during the month of May [ ] due to short-term educator shortages and power outages,” youth reported the same problems (for the same reasons) when Plaintiffs’ counsel were on site in late March.
As to subparagraph (a) (the graduate education 2 ½ hour requirement), the Education Monitor assessed non-compliance with this provision in 2017; based on youth interviews, there is current non-compliance at IYC St. Charles, and based on the staffing data provided to Plaintiffs it appears likely that there is non-compliance at other facilities as well, including IYC Harrisburg. Plaintiffs note that the availability of programs to some youth does not guarantee that the 2 ½ hour requirement is met as to all youth entitled to these services.
Plaintiffs are nevertheless heartened by the expansion of vocational and CTE programming described by the Department. The next step should be a method for tracking enrollments and availability of the programs to youth who wish to take advantage of them.
As to subparagraph (b) (programming in R&C), Plaintiffs note that the parties agree that there is non-compliance at IYC St. Charles. Plaintiffs leave whether the “alternative educational programming” requirement is met by current practices in R&C at IYC Harrisburg and IYC Warrenville for the Education Monitor’s review and evaluation.
Similarly, whether existing programming on NIA (not in attendance) days satisfies the Remedial Plan is an issue for Monitor assessment.
Paragraphs 2 and 3: Teacher Staffing Levels and Other Education Staffing Levels: DJJ shall create and fill additional teacher positions, and DJJ shall hire additional education staff, as specified in the July 17, 2014 Supplemental Order.
DJJ Status: The Department seeks to maintain student to teacher ratios of 10:1 or lower for general education and 6:1 or lower for special education. The student-to-teacher ratios on the last day of each month since July 2017 are reflected in the tables below. In general, the Department is meeting the ratios for general education students at every facility, but is only meeting the ratios for special education students at IYC-Pere Marquette and IYC-Warrenville. IYC-Harrisburg is close to meeting the ratio for special education students. IYC-Chicago and IYC-St. Charles are severely under-staffed with special education teachers and are not meeting the ratios.
10

Case: 1:12-cv-07289 Document #: 241 Filed: 07/25/18 Page 11 of 22 PageID #:2894

General Education Student to Teacher Ratio 7/17 8/17 9/17 10/17 11/17 12/17 1/18 2/18 3/18 4/18 5/18 6/18
Chicago 7.8 7.7 5.4 10 10.3 7.7 17 18.5 14.3 9.8 7.8 8.8 Harrisburg 4.4 5.4 4.7 6.3 6.8 7.1 7.4 8.1 7.6 4.6 5.2 5.7
Pere 4.3 4.3 2 1.6 2 2.2 2 3.5 3.5 3.6 4.8 3.6 Marquette St. Charles 16.6 17.6 13.2 11.6 6.6 5.1 3.6 5 7.2 6.5 5.5 5.4 Warrenville 3.3 3.3 3.8 4.5 5.8 5 4.6 5.2 6.2 4.8 4.0 5
IDJJ 7.1 7.7 5.7 6.3 6.1 5.5 5.5 6.7 7.4 5.6 5.4 5.7 Average
Special Education Student to Teacher Ratio 7/17 8/17 9/17 10/17 11/17 12/17 1/18 2/18 3/18 4/18 5/18 6/18
Chicago 5.0 7.3 6 6.3 7.7 7 12.5 12 27 27 19 21 Harrisburg 8.0 9.8 9.6 8.6 9.2 9.2 9.6 9.6 8 9.6 8.4 7
Pere 4.3 4.3 7 8 8.5 8.5 4.3 2.7 2.7 2.7 2.7 2.7 Marquette St. Charles 8.7 9 22 22 28 54 61 52 50 42 28 27 Warrenville 4.3 4.3 4.3 4 5.5 4 5.5 3.3 2.7 6.3 4.7 4.7
IDJJ 6.3 7.3 9.1 8.9 10.9 10.7 12.2 10.1 10.1 11.1 9.9 12.48 Average
As of July 15, 2018, all facilities are currently staffed with floater/substitute educators, school counselors, library associates, and principals. The school at IYC-Pere Marquette is fully staffed for all positions. The School District has the following vacancies at the other four facilities (as indicated by the symbol √):

IYC
CHI HRB STC WRV

General Educator
√ (2) √ (1) √ (4) √ (1)

Special Educator
√ (3) √ (1) √ (4) √ (1 as of 7/25, will be 2 on 8/1)

CTE Educator
√ Pending
√ (1)

School Psychologist

Special Education Resource Coordinator

Office Coordinator

√ Pending √

√

The Department is working to fill educator positions with temporary employees while the hiring process for permanent educators is underway. The Department entered into a contract with a staffing company, Delta-T, and one temporary educator is currently in the onboarding process to assist IYC-St. Charles. Additionally, IYC-St. Charles created two contract positions for temporary educators and one individual is in the hiring process. These temporary educators will remain in place until the positions are filled permanently.

11

Case: 1:12-cv-07289 Document #: 241 Filed: 07/25/18 Page 12 of 22 PageID #:2895
Generally speaking, the Department has seen progress in its recruitment of school staff members and streamlining the hiring process. Continued efforts to improve were detailed in the Progress Report and remain ongoing (Dkt. 237). Additionally, the Department is working to improve staff retention and sees this as a critical focus for the upcoming year. Staff retention efforts include the following:
� The Department is conducting exit interviews with staff leaving the agency to identify trends and create solutions that may improve working conditions for other staff. The Superintendent has identified two main trends in the reasons for staff resignation – salary and safety. The Department’s efforts to address salary parity are described in the Progress Report (Dkt. 237), and the efforts to improve safety are related to the security staffing efforts described in Part V ¶ 4.
� At IYC-Chicago, the facility Superintendent and school Principal have been meeting weekly to discuss operational and safety issues that led to educator resignations in 2017. The school Principal reports positive progress and improved job satisfaction among her teachers.
� The school district trained 16 staff members, including the school counselors and administrators, in May on the practice of restorative justice peace circles. The schools began implementing peace circles to improve staff communication in July. In the future, the schools will utilize peace circles as a conflict resolution tool to improve relationships between educators and youth, and enhance positive communication among staff.
� The school district has convened a Curriculum Committee to establish a leadership opportunity for educators desiring upward mobility and to incorporate educator input into the development of the school district’s curriculum. Members of the curriculum committee represent each school and participate in monthly telephone conferences and quarterly in-person meetings in Springfield.
� Every school is convening a School Improvement Team, consisting of school staff and at least one non-educator (such as security staff) as an avenue for listening to staff concerns and suggestions, and working to solve issues at the local level. The Department received recommendations from two consultants providing professional development to educators during the past two years. These recommendations are being utilized as the “blueprints” for the School Improvement Teams’ work, focusing in large part on improving staff communication and cooperation.
Plaintiffs’ Response: Plaintiffs identified these as areas of non-compliance based upon data provided by the Department to Plaintiffs as part of Plaintiffs’ standing data and information requests and also based upon site visits/youth interviews. There are significant staffing problems at IYC St. Charles and IYC Chicago, as reflected in the discussion above about provision of services. In addition, whether special education services are being provided as required by IEPs requires assessment by the Education Monitor, especially in the face of anecdotal reports that there are gaps in these services at each of the large facilities.
Finally, Plaintiffs note that although efforts continue to be made to streamline the hiring process, progress remains limited.
Paragraph 4: Substitute Teacher Policy: DJJ shall create and implement a plan to provide for certified substitute teachers.
12

Case: 1:12-cv-07289 Document #: 241 Filed: 07/25/18 Page 13 of 22 PageID #:2896
DJJ Status: DJJ has hired permanent “floater” teachers at all facilities. The Department acknowledges that it will not experience the benefit of these positions until every school has a full complement of teachers.
Plaintiffs’ Response: Plaintiffs identified this as an area of non-compliance based upon data provided by the Department to Plaintiffs as part of Plaintiffs’ standing data and information requests and upon the Education Monitor’s prior assessments. As of the most recent data received, there was no “floater” teacher in place at IYC St. Charles, so this is evidently a recent improvement. Whether the “floater” positions are sufficient to “minimize the impact of teacher absences” as this provision mandates requires assessment by the Education Monitor, inter alia.2
Paragraph 5: Modified School Calendar: DJJ shall implement a modified school calendar.
DJJ Status: The Education Monitor has previously expressed concern with teachers’ ability to work on non-instructional days and take vacation during times of the year where school is in session. DJJ anticipates that when fully staffed, the floater teachers in place will sufficiently cover teacher use of benefit time on scheduled school days.
Plaintiffs’ Response: Plaintiffs identified this as an area of non-compliance based upon the Education Monitor’s prior assessments. Assessment of compliance with this provision must be made by the Education Monitor.
Paragraph 6: Blended Instruction: DJJ shall ensure that it provides both traditional classroom instruction and web-based instruction, individually tailored to students’ needs.
DJJ Status: All facilities provide web-based instruction through the Connexus (formerly GradPoint) program. To enhance traditional classroom instruction, the District launched a Project Based Learning program in January 2017 and the schools continue focusing on implementation. All facilities with the exception of IYC-St. Charles are adhering to their calendars for thematic units, and the lessons for each subject connect back to the theme across the curriculum.
Additionally, the schools at IYC-Harrisburg, IYC-Chicago, and IYC-Warrenville implement traditional classroom instruction one afternoon per week, and IYC-Pere Marquette implements traditional classroom instruction one full day per week. During this time, educators lead project-based learning lessons tied to the school’s monthly thematic unit.
Plaintiffs’ Response: Plaintiffs identified this as an area of non-compliance based upon the Education Monitor’s prior assessments. Assessment of compliance with this provision must be made by the Education Monitor; his most recent assessment was partial compliance.
Paragraph 7: Curriculum: DJJ shall provide an academic curriculum sufficient for required instruction for every youth without a high school diploma or GED.
2 Consistent improvement in education services will also indicate this.
13

Case: 1:12-cv-07289 Document #: 241 Filed: 07/25/18 Page 14 of 22 PageID #:2897
DJJ Status: DJJ’s curriculum includes instruction in all subjects required by state law in order to earn a high school diploma and in all subjects required for preparation to take the GED exam. The Department’s current offerings in Career and Technical Education for youth in high school and post-graduation are described in Part III ¶ 1.
This year the DJJ School Board, District #428, developed a manual of school district policies based on the Illinois Association of School Boards’ Policy Reference Education Subscription Service sample policies. The manual includes a chapter on Instruction with policies for curriculum development, curriculum content, library programs, guidance counseling, and other topics. The School Board intends for the policy manual to be a roadmap for building the quality of the educational program at DJJ and will be rolling out the manual after its adoption on July 20.
The Department is working to engage a consultant with experience in correctional settings to build a “soft skills” curriculum as part of its blended learning model. The curriculum will include 25 lessons focused on self-development, achieving personal goals, and building interpersonal skills. The Department anticipates implementing the new program by the end of 2018.
The Department continues its partnership with Literacy Volunteers of Illinois (LVI) who provide literacy tutoring for youth at IYC-Chicago, IYC-Warrenville, IYC-St. Charles and IYCHarrisburg. The Department’s Director of Special Education developed a list of priority youth for tutoring services at IYC-St. Charles to supplement the educational program for youth receiving half-day school. An LVI tutor works one-to-one with youth, records the amount of tutoring time spent with the youth, and adds any additional narrative information, as needed. The tutoring sessions are scheduled for a minimum of 30 minutes, but may occur up to 60 minutes, and a youth may be tutored multiple times per week.
Additionally, DJJ teachers have been trained to use the Reading Horizon’s curriculum as an intensive reading intervention for students whose reading fluency and comprehension are below grade level and whose assessment scores place them in the bottom quartile for reading. The District’s Curriculum Committee recommended replacing Reading Horizon’s with another reading intervention program and the Department will be moving forward with any required procurement processes to purchase this fall. The Curriculum Committee also is working to identify a math intervention program for purchase and implementation next year, but is struggling to find one appropriate for use with an older youth population rather than primary grades.
Finally, the Department purchased ten Study Buddy devices for each facility. Study Buddy is a handheld personal learning device that allows youth to watch a lesson teaching a concept, answer questions and receive feedback, and participate in a quiz to measure progress. The Department intends to use Study Buddy for independent reading, math, and GED preparation practice and for use in the LVI tutoring program.
14

Case: 1:12-cv-07289 Document #: 241 Filed: 07/25/18 Page 15 of 22 PageID #:2898
Plaintiffs’ Response: Plaintiffs identified these as areas of non-compliance based upon site visits and youth interviews and also based upon information received from other advocates. Plaintiffs do not dispute that the Department’s curriculum covers all subjects required for high school diplomas/GEDs; however, it appears that the general availability of career and technical education and vocational curriculum requirements of this provision have not yet been met, and likewise that there is non-compliance with the literacy instruction requirement given the dependence upon volunteer services.
REMEDIAL PLAN PART IV: USE OF CONFINEMENT
Paragraph 1: Confinement and Restricted Movement Policy: DJJ shall rewrite its policy regarding use of confinement and restricted movement to include the following features: (a) Limits on confinement for behavior management; (b) Limits on mental health crisis confinement; (c) Limits on investigative confinement; (d) Limits on confinement for transfer to DOC; (e) Limits on medical confinement; (f) Other confinement prohibited; (g) Periodic visual inspections; (h) Appropriate Services; (i) Process for entering, continuing, and exiting confinement or restricted movement; (j) Documentation; (k) Restricted movement on other living units.
DJJ Status: The Department rewrote its confinement policy and implemented a revised version in 2017. The Department is in the process of revising its confinement policy and forms again to further improve its practices relating to confinement. Within the next few weeks, the draft policies and forms will be shared with Plaintiffs’ Counsel and the Monitors for the second time and calls will be scheduled to obtain additional feedback and reach an agreement.
The Department’s Deputy Director of Operations continues conducting quarterly site visits to review confinement decision forms, logs, and notifications. The Deputy Director determined that all facilities are in compliance with the confinement decision forms, with the exception of IYC-St. Charles, but the information on the forms can be improved. At IYC-St. Charles, the facility has demonstrated improvement by using the confinement decision forms more consistently. Upcoming inspections at all facilities will include updates based on previously-identified issues and will be done by the end of August.
An area of focus for the Department is auditing each facility’s compliance with its program schedules to ensure youth receive the amount of programming they should. More information about these efforts was provided in the Progress Report (Dkt. 237).
Plaintiffs’ Response: Plaintiffs identified this as an area of non-compliance based upon site visit and youth interviews, upon data provided by the Department to Plaintiffs as part of Plaintiffs’ standing data and information requests, and upon prior assessments by the Monitors. This is currently an area of significant Monitor concern and focus and any full assessment must await the Monitors. Plaintiffs acknowledge that a policy has been created and revised in accordance with this section; however, policy creation is not sufficient to meet the broader requirements as to limitation of confinement in the settlement (as indicated by the Safety and Welfare Monitor’s assessment of partial compliance with this provision in the last report, as well as the Mental Health Monitor’s identification of problematic practices in this area in his last report).
15

Case: 1:12-cv-07289 Document #: 241 Filed: 07/25/18 Page 16 of 22 PageID #:2899
Anecdotally, and based upon review of the Operational Site Visit Reports and confinement logs, there have been significant issues as to confinement at IYC St. Charles and IYC Harrisburg, as well as lesser issues at IYC Chicago and IYC Warrenville (as to inspection requirements during the duration of confinement).
Paragraph 2: Confinement Liaison: DJJ shall develop and implement policies and procedures requiring a youth and family specialist or other non-security staff member to be present during the day shift at each confinement unit that has at least one youth in confinement.
DJJ Status: This requirement is the subject of ongoing conversations with the Safety and Welfare Monitor and is addressed in the revised confinement policy shared with Plaintiffs’ Counsel. The Department seeks to revisit the confinement liaison requirement in light of the significantly diminished use of confinement units and need to align staff and resources toward ensuring the best possible program services. The Department is proposing that a Juvenile Justice Specialist Supervisor or trained crisis team member, not involved in the incident, be responsible for meeting with the youth and consulting with a Youth and Family Specialist or mental health professional when needed.
Plaintiffs’ Response: Plaintiffs identified this as an area of non-compliance based upon prior Monitor assessments, and Plaintiffs defer to the Monitors as to whether this provision should be modified.
REMEDIAL PLAN PART V: SAFETY AND GENERAL ISSUES
Paragraph 1: Comprehensive Treatment Model: DJJ shall develop and implement a strategic plan for an evidence-based or evidence-informed comprehensive treatment and rehabilitation model to be used for youth in all DJJ facilities, including but not limited to youth in special treatment units and for juvenile sex offenders.
DJJ Status: The Department has worked to build its comprehensive treatment model in two key areas over the past few months. First, as detailed in the Department’s Progress Report (Dkt. 237), the Department expanded SPARCS treatment at each facility. Implementation of the expansion is now complete, and all facilities are operating one to two additional groups, with the exception of IYC-Warrenville which utilizes a different therapy model to address trauma needs. The Department is now working to train staff on utilizing SPARCS terminology across practices and departments to reinforce the youth’s skill development when outside of the mental health groups.
Second, the Department is focusing on enhancing the use of targeted and intensive behavioral interventions for youth in need of additional support. At IYC-St. Charles and IYCHarrisburg, the Department is working to ensure that you with persistent behavior issues, placed on the alternative behavior units, receive carefully-crafted Intensive Intervention Plans. The Department’s Deputy Director of Programs will be conducting additional training on intervention plans in the fall. Additionally, as described in the Progress Report (Dkt. 237), a new program plan for the Alternative Behavior Unit at IYC-St. Charles is being implemented, and the
16

Case: 1:12-cv-07289 Document #: 241 Filed: 07/25/18 Page 17 of 22 PageID #:2900
Department looks forward to the Safety and Welfare Monitor’s assessment after her monitoring visits this summer.
Plaintiffs’ Response: Plaintiffs identified this as an area of non-compliance based upon prior Monitor assessment as well as upon Plaintiffs’ counsel’s own perceptions during site visits and information review that a functional comprehensive behavioral model within the Department is still a work in progress. This provision requires Monitor assessment. The Safety and Welfare Monitor’s most recent assessment as to this provision was partial compliance, and the Mental Health Monitor also expressed concerns as to the implementation and effectiveness of behavioral interventions in his most recent report.
Paragraph 2: Department-Wide Behavioral Management System DJJ shall adopt and implement a comprehensive, department-wide, evidence-based or evidence-informed behavioral management system to provide a consistent model for youth behavior throughout the facilities.
DJJ Status: The Department has been working to revise its policies on Positive Behavior Interventions and Supports (PBIS) and youth discipline over the past year. The Department detailed changes to the proposed PBIS system and technical adjustments based on the Safety and Welfare Monitor’s feedback in the Parties’ Joint Status Report as to Issues Identified in 2017 Monitor Reports (Dkt. 228 at 25). On April 20, the Safety and Welfare Monitor provided the Department with additional recommendations, which have been reviewed and responded to or incorporated. The Y360 electronic records system developments continue, and the Department recently received a demonstration of the new system for youth disciplinary tickets.
The Department’s Deputy Director of Programs and Chief of Professional Development and Training conducted train-the-trainer presentations for teams at each youth center, including the Assistant Superintendents of Programs, on the new PBIS and youth discipline policies. The Assistant Superintendents of Programs are spearheading training for all staff members on the new policies, which are underway and will be completed by early September. Additionally, the youth discipline committee members at each facility have been trained on the new policies. When the technical changes to Y360 are complete, the Department will publish the new policies and proceed with implementation.
Plaintiffs’ Response: Plaintiffs identified this as an area of non-compliance based upon prior Monitor assessments and also based upon youth interviews. This provision requires Monitor assessment. Both the Safety and Welfare Monitor and the Mental Health Monitor expressed concerns as to this area in their most recent reports. In addition, youth interviews indicate that very significant issues persist with implementation of behavioral management (PBIS) at IYC St. Charles and IYC Harrisburg.
Paragraph 3: Individualized Youth Development Plans DJJ shall implement policies and procedures requiring preparation of a youth development plan (YDP) for each youth committed to DJJ custody.
DJJ Status: In the last report, the Monitor recommended improving the content of case plans and supporting YFS skill development with supervisory coaching and formal training. On
17

Case: 1:12-cv-07289 Document #: 241 Filed: 07/25/18 Page 18 of 22 PageID #:2901

March 2, Orbis Partners, Inc. provided training to Youth and Family Specialist (YFS) Supervisors on case plan development and utilizing staff feedback forms. Additionally, as described in more detail in Part V ¶ 5, case plan development will be a topic for the YFS Supervisor/Specialist training program, expected to be launched in early 2019.
Plaintiffs’ Response: Plaintiffs identified this as an area of non-compliance based upon prior Monitor assessments. This provision requires Monitor assessment. Both the Safety and Welfare Monitor and the Mental Health Monitor expressed concerns as to this area in their most recent reports.
Paragraph 4: Security Staffing Levels DJJ shall increase the number of security staff posts to ensure adequate staffing at each facility.
DJJ Status: DJJ is meeting youth to security staff ratios of 8:1 during waking hours and 16:1 during sleeping hours at each facility as of May 2018.3

Security Staffing Ratios
IYC Chicago IYC Harrisburg IYC Pere Marquette IYC St. Charles IYC Warrenville
Total

First Shift (6am to 2pm)
4.4 3.5 2.6 3.3 3
3.4

Second Shift (2pm to 10pm)
4.5 3.8 3.4 4.3 3
3.9

Third Shift (10pm to 6am)
7.6 8.2 6.7 7.9 5.1
7.4

The ratio for IYC-St. Charles appears sufficient, but the youth center needs more security staff, particularly on the 2:00pm-10:00pm shift, to ensure uninterrupted programming for youth. The facility administration struggles to ensure coverage of such a large physical plant. Security staff at the facility may be assigned to transport youth to and from court, to work in the control center, or to supervise youth in various locations at the facility such as the infirmary. The Department’s Deputy Director of Operations is working with the facility’s administration to ensure posts are assigned as efficiently as possible.

To better reflect the trend of the Department’s security staff levels, the table below reflects each facility’s security staff headcount on a monthly basis for the past year.

3 Staffing ratios generally are calculated by taking the average number of security staff reporting for each shift for the month and dividing by the average daily population of youth for the month. In October 2017, the Federal government provided clarification on the Federal Prison Rape Elimination Act (PREA) staffing standards. Moving forward, the standard is set as the ratio of constant interactions between youth and staff that must be met. The Department is working to revise its security staffing posts and calculations to ensure compliance with the Federal government’s updated guidance. However, this data reflects the historic calculation.
18

Case: 1:12-cv-07289 Document #: 241 Filed: 07/25/18 Page 19 of 22 PageID #:2902

Security Staff Headcount by Facility

7/17 8/17 9/17 10/17 11/17 12/17 1/18 2/18 3/18 4/18

Chicago 78 77 73 79 78 77 74 84 83 81

Harrisburg 147 145 142 150 149 145 143 153 152 150

Pere Marquette 43 43 44 49 49 50 48 52 50 49

St. Charles 189 185 180 195 190 189 187 180 172 170

Warrenville 67 67 65 70 69 68 68 41 69 68

IDJJ Total

524 517 504 543 535 529 520 510 526 518

*May and June 2018 data has not been made available by fiscal at this time.

The Department is addressing the staff shortage through continued hiring efforts. A Juvenile Justice Specialist Intern Academy began on Monday, July 16 and includes 12 interns specifically for IYC-St. Charles. In addition, the Department’s more frequent screenings in the Northern region have yielded additional individuals eligible for hire at IYC-St. Charles. Six new JJS staff are scheduled to begin the Academy on August 6, and 21 more eligible candidates are in the selection and hiring process. The Department anticipates onboarding the next class within six weeks. The Department continues to hire additional security staff as quickly as it can.

The Department’s efforts to address the backlog of workman’s compensation files at IYC-St. Charles were detailed in the Progress Report (Dkt. 237).

Finally, the Department is working to improve its retention of security staff at all facilities, including IYC-St. Charles. Every facility has created an Employee Wellness Committee responsible for surveying staff to identify needs and interests around healthier living, and coordinating activities and programs responsive to the staff needs and interests identified. Examples of the activities include the following:
� Organizing 15-minute breaks to walk the perimeter of the facility as a group;
� Identifying local community businesses and services, such as health clubs, providing discounts to DJJ staff members;
� Planning social outings and non-profit fundraising opportunities to build staff camaraderie;
� Coordinating healthy lunch options for staff at the facility;
� Recognizing staff for their positive contributions and rewarding them with free tickets to sporting events and Department-wide email recognition.

Every facility is also creating a Staff Crisis Response Team. Interested staff members applied and team members were selected at each facility. The team members attended initial training in February; Northern region team members received additional training in June, and Southern region members will be trained later this summer. The purpose of the team is to provide confidential peer-to-peer staff support to individuals who have experienced a traumatic event, at work or in his/her personal life. The first planned event is scheduled for July 21 at IYC-St. Charles.

Plaintiffs’ Response: As to IYC St. Charles, Plaintiffs identified this as area of non-compliance based upon multiple sources of information. There has been long-standing non-compliance with the “adequate staffing” requirement at that site, with many collateral consequences.

19

Case: 1:12-cv-07289 Document #: 241 Filed: 07/25/18 Page 20 of 22 PageID #:2903

Paragraph 5: Youth and Family Specialist Staffing Levels: DJJ shall achieve and maintain a staff-to-youth ratio for Youth and Family Specialists of an average of 20:1 as specified in the July 17, 2014 Supplemental Order.
DJJ Status: DJJ is meeting the 20:1 youth to Youth and Family Specialist (YFS) ratio at all facilities:

Youth to YFS Ratios

Number Ratio

of YFS

Chicago 4 17.3 to 1

Harrisburg 11 10.3 to 1

Pere Marquette 3

12 to 1

St. Charles 10 10.4 to 1

Warrenville 5 7.2 to 1

IDJJ Overall

33 10.8 to 1

To continue professional development of YFS, the Department intends to launch a Youth and Family Specialist and Supervisor training. The Department will develop a list of topics for training and require monthly meetings between YFS Supervisors and Clinical Services Supervisors at the facility, and bi-weekly meetings between YFS and YFS Supervisors. The meetings will focus on specific topics selected based on each staff member’s areas of interest or need. The Deputy Director of Programs will begin developing the training this fall with implementation targeted for early 2019.
Plaintiffs’ Response: Plaintiffs identified this as an area of non-compliance based upon prior Monitor assessments, since the Supplemental Order implementing this provision (Dkt. 84) also contains a requirement that the Safety and Welfare Monitor “assess whether the Youth and Family Specialists are engaging in frequent, meaningful interactions with youths and facilitating effective rehabilitative services based on youths’ individual needs . . .,” and leaves open the possibility that staffing ratios may need to be readjusted as a consequence of this review. Hence this provision requires Monitor assessment. The most recent Safety and Welfare Monitor assessment was partial compliance.

Paragraph 7: Youth Grievance Reporting DJJ shall ensure that all youth have adequate means to report allegations of abuse and/or submit grievances.

DJJ Status: The revised youth grievance policy took effect on October 1, 2017 and its implementation is well underway. All grievance officers and back-up grievances officers have been trained. The Deputy Director of Programs receives grievance logs from the facilities and monitors compliance periodically. In the month of April, the Deputy Director provided individual feedback to grievance officers conveying areas for improvement and corrections.
Plaintiffs’ Response: Plaintiffs identified this as an area of non-compliance based upon past Monitor assessment, youth interviews, and the fact that the roll-out of a new grievance policy is a

20

Case: 1:12-cv-07289 Document #: 241 Filed: 07/25/18 Page 21 of 22 PageID #:2904
work in progress. This provision requires monitor assessment, inter alia.4 The most recent Safety and Welfare Monitor assessment was partial compliance.
Paragraph 10: General Programming DJJ shall create and implement a policy to provide opportunities, subject to reasonable security concerns, for all DJJ youth to spend at least eight hours per day outside of their rooms engaged in supervised activities.
DJJ Status: As described in the Progress Report (Dkt. 237), the Department’s Deputy Director of Programs is reviewing youth center program schedules and deviations from the schedule in order to track compliance. Youth idle time has been identified by the Parties and Monitors as a priority area of focus.
At IYC-St. Charles specifically, the Department is working on an agreement with a “restorative justice hub” representing a collaboration of seven different social service agencies to provide prosocial programs and activities for youth. An on-site meeting between the participating agencies and Deputy Director of Programs took place on June 6 and the Department received a cost proposal and a menu of services, programs, and activities for review from the “restorative justice hub” on July 24.
Plaintiffs’ Response: Plaintiffs identified this as an area of non-compliance based upon site visits and youth interviews as well as data provided by the Department to Plaintiffs as part of Plaintiffs’ standing data and information requests. Non-compliance with this provision is longstanding at IYC St. Charles. In addition, this provision contains a requirement of “an appropriate mix of physical exercise, recreational activities, and work details”; based upon the information available to Plaintiffs, the requirements of this provision are also not met at IYC Chicago or IYC Harrisburg. (The problems at these facilities include but are not limited to lack of access to any form of outdoor activity for most youth at IYC Chicago, and insufficient programming/access by volunteers at IYC Harrisburg; the only volunteer activities appear to be religion-related).
REMEDIAL PLAN PART VII: IMPLEMENTATION AND MONITORING
Paragraph 1: Deputy Director of Quality Assurance: DJJ shall appoint a Deputy Director of Quality Assurance to monitor the delivery of services and programs to youth, ensuring implementation of programs and operations are consistent with the agency’s objectives and assisting with development and implementation of statewide policies, procedures, guidelines, and performance standards.
DJJ Status: The Department is working to build internal capacity to conduct more targeted audits for the purpose of improving its quality assurance. Also, the Department is hiring a Chief Performance Officer to improve its data-informed decision-making and quality assurance program. The Department has interviewed several candidates and a selection has been made.
4 Plaintiffs believe that whether youth find the new grievance procedure to be credible and functional will be important as well.
21

Case: 1:12-cv-07289 Document #: 241 Filed: 07/25/18 Page 22 of 22 PageID #:2905

Plaintiffs’ Response: Plaintiffs identified this as an area of non-compliance based upon prior Monitor assessments as well as data provided by the Department to Plaintiffs as part of
Plaintiffs’ standing data and information requests. This provision requires Monitor assessment; the most recent Safety and Welfare Monitor assessment was partial compliance. Plaintiffs have
received audit reports as to some but not all of the Youth Centers which indicate that a fullyfunctioning QA process is still a work in progress.

DATED: July 25, 2018

Respectfully submitted,
For the Plaintiffs:
By: /s/ Camille Bennett
Benjamin S. Wolf Camille Bennett Lindsay S. Miller Roger Baldwin Foundation of ACLU, Inc. 150 North Michigan Avenue, Suite 600 Chicago, IL 60601 (312) 201-9740
Maja C. Eaton Kevin M. Fee, Jr. Joseph R. Dosch Sidley Austin LLP One South Dearborn Street Chicago, IL 60603 (312) 853-7000

For the Defendant:
By: /s/ Michael T. Dierkes
Michael T. Dierkes Office of the Illinois Attorney General General Law Bureau 100 West Randolph Street, 13th Floor Chicago, IL 60601 (312) 814-3672

22

 
 Case: 1:12-cv-07289 Document #: 269 Filed: 03/28/19 Page 1 of 12 PageID #:3195

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

R.J., et al., vs.

Plaintiffs,

CANDICE JONES, Defendant.

)

)

)

)

Case No.: 12-cv-07289

)

)

Hon. Matthew F. Kennelly

)

)

)

)

AMENDED REMEDIAL PLAN

For good cause shown, the Court orders, adjudges, decrees, and finds as follows:

PART I: GENERAL PROVISIONS

1. Prior proceedings.

(a) Complaint. On September 12, 2012, plaintiffs filed this civil rights class action pursuant to 42 U.S.C. §§ 1983 and 1988 and 28 U.S.C. § 2201 et seq. Plaintiffs are youths confined in secure facilities operated by the Illinois Department of Juvenile Justice (“DJJ”). Defendant is the DJJ Director. The complaint alleges that certain DJJ conditions, services, and treatment violate the Due Process Clause of the Fourteenth Amendment of the United States Constitution and the federal Individuals with Disabilities Education Act. Specifically, the complaint addresses DJJ mental health services, general and special education services, room confinement, safety, and commitment beyond release dates for lack of a community placement. The complaint seeks declaratory and injunctive relief. See Dkt. 1.

(b) Class certification. On September 26, 2012, this Court certified a plaintiff class consisting of all youths who now are, and/or in the future will be, confined by the DJJ, and of a sub-class consisting of class members with special education needs. See Dkt. 12-13, 17.

(c) Consent decree. On December 6, 2012, this Court entered and approved a consent decree and appointed three experts. See Dkt. 32-34. The consent decree required the court-appointed experts to investigate DJJ conditions and services, and then to file a report of their findings and recommendations. See Dkt. 33 at ¶¶ 6, 10-11. The courtappointed experts are Louis Kraus on mental health issues, Peter Leone on education issues, and Barry Krisberg on general juvenile justice issues. Id. at ¶ 7. Next, the consent decree required the parties, with expert input, to prepare and file either an

1

Case: 1:12-cv-07289 Document #: 269 Filed: 03/28/19 Page 2 of 12 PageID #:3196
agreed proposed remedial plan, or separate proposed remedial plans from each party. Id. at ¶¶ 12-15. The consent decree then required this Court, subject to its review and approval, to enter the final remedial plan as a new order. Id. at ¶ 16.
(d) Expert reports. On September 23, 2013, the parties filed the reports of the courtappointed experts, including their findings and recommendations. See Dkt. 51.
2. PLRA Findings and Stipulations. The Court finds, based among other reasons on the reports of the court-appointed experts, and the parties stipulate that this remedial plan complies in all respects with the Prison Litigation Reform Act (“PLRA”), 18 U.S.C. § 3626(a). Specifically, the terms of this remedial plan are narrowly drawn; they extend no further than necessary to correct the violation of the federal rights of the plaintiffs, the plaintiff class, and the plaintiff sub-class; and they are the least restrictive means necessary to correct the violation. The court has given substantial weight to any adverse impact on public safety or the operation of a criminal justice system caused by the terms of this remedial plan.
3. Process for Developing Policies and Procedures. When this remedial plan requires the DJJ to develop, revise, implement, or ensure policies, procedures, plans, calendars, models, and the like (together, “policies”), the DJJ shall, at least 30 days prior to the deadline specified in the plan, provide a draft to the court-appointed experts and plaintiffs’ counsel for their review and comment. DJJ shall consider in good faith any proposed revisions and meet and confer on request. DJJ shall, on or before the deadline specified in the plan, submit each policy required under the plan to the Court for its review and approval. Also, if plaintiffs object to the policy, plaintiffs may seek the Court’s determination of whether such drafts comply with federal law, the consent decree, and this remedial plan. DJJ shall implement these policies.
PART II: MENTAL HEALTH SERVICES
1. Licensed Physician Medical Director. DJJ shall, within 180 days of entry of this remedial plan, enter into a contract with a licensed physician to serve as DJJ medical director to provide oversight of all facility health care operations, oversight and monitoring of all vendor-provided health care services, and development of protocols and procedures for delivery of health care services. The contract shall require an adequate number of hours of work per week to ensure adequate mental health services, subject to review by the court-appointed mental health expert. DJJ shall promptly fill any vacancy in this position.
2. Board-Certified Child and Adolescent Psychiatrist. DJJ shall, within 180 days of entry of this remedial plan, enter into a contract with a board-certified child and adolescent psychiatrist. The child and adolescent psychiatrist shall provide oversight of all psychiatric services in all DJJ facilities, including monitoring all vendor-provided psychiatric services; ensure coordination of all psychiatric services with other health care and mental health services; consult with staff; assist with the development and implementation of protocols and procedures for delivery of psychiatric and mental health
2

Case: 1:12-cv-07289 Document #: 269 Filed: 03/28/19 Page 3 of 12 PageID #:3197
services; and assess and evaluate youth in appropriate cases. The child and adolescent psychiatrist shall ensure that psychiatric staffing hours in DJJ facilities are sufficient to ensure that psychiatric services to youth comply with established professional standards, including (a) initial psychiatric evaluations of at least 90 minutes per patient and (b) medication follow-up and assessments of at least 30 minutes per patient. The contract shall require an adequate number of hours of work per week to ensure adequate mental health services, subject to review by the court-appointed mental health expert. DJJ shall promptly fill any vacancy in this position.
3. Treatment Unit Administrator Positions. DJJ shall, within 180 days of entry of this remedial plan, have qualified full-time treatment unit administrators (“TUAs”) to oversee delivery of mental health services at each of its facilities. The minimum qualifications for these positions shall include a doctoral degree (Ph.D. or Psy.D.) and appropriate licensure by the State of Illinois.
4. Mental Health Staffing Levels and Qualifications. Within 90 days of the hiring of the DJJ medical director and DJJ child and adolescent psychiatrist, DJJ shall, in consultation with the court-appointed mental health expert and plaintiffs’ counsel, establish appropriate staffing levels and qualifications of mental health professionals to deliver individual and group therapy based on youths’ diagnostic needs and services called for in each youth’s individualized mental health treatment plan. These staffing levels and qualifications shall be adopted in a supplemental order, including deadlines for implementation, subject to the Court’s review and approval, and also subject to the PLRA findings as set forth above in paragraph I(2).
5. Mental Health Records and Hospitalization. DJJ shall, within 90 days of entry of this remedial plan, implement uniform policies in all facilities to ensure (a) that the DJJ timely requests hospital and other outside mental health records for youth and (b) adequate identification and assessment of youth with significant mental health needs potentially in need of outside hospitalization. DJJ shall ensure that any youth requiring psychiatric hospitalization is promptly hospitalized or, if DJJ is unable to secure psychiatric hospitalization, provided with an equivalent level of psychiatric care and treatment.
6. Individualized Mental Health Treatment Plans and Coordination of Treatment. DJJ shall, within 180 days of entry of this remedial plan, ensure uniform policies and procedures are in place in all facilities requiring: (a) the development and implementation of an individualized mental health treatment plan for each youth, including the type and amount of mental health services each youth needs, (b) coordination by mental health staff with each other, and with other staff, in planning treatment, providing treatment, and planning community reentry (including integration with community mental health services), and (c) family therapy as appropriate.
7. Medication Consent. DJJ shall, within 90 days of entry of this remedial plan, develop revised procedures and forms to ensure that appropriate informed consents are obtained for administration of psychotropic medications. The consent forms shall (a)
3

Case: 1:12-cv-07289 Document #: 269 Filed: 03/28/19 Page 4 of 12 PageID #:3198
communicate the diagnosis; (b) identify the specific goals and potential side effects of the treatment; (c) provide for documentation of parental, guardian, or youth consent as legally required; and (d) provide for an assent signature for minor youth where consent is provided by a parent or guardian.
8. Medication Management. DJJ shall, within one year of entry of this remedial plan, review and revise, in consultation with the DJJ medical director and child and adolescent psychiatrist, its policies and procedures relating to medication management. The policies and procedures shall address the use of stimulant medications for youths with polysubstance abuse and shall ensure adequate monitoring of the consequences of medication.
9. Youths in Reception and Classification Units. DJJ shall, within 120 days of entry of this remedial plan, create and implement policies and procedures to ensure appropriate group therapy is available to youths in Reception and Classification Units subject to reasonable safety and security considerations.
10. Youths Seeking Immediate Mental Health Care. DJJ shall promptly fulfill, to the extent reasonably possible, requests by youths who ask to immediately speak with a mental health professional, without any presumption that such youths need crisis confinement.
11. LGBTQ Youths. DJJ shall, within 90 days of entry of this remedial plan, create and implement a training program and promulgate and implement revised policies addressing needs and potential treatment of LGBTQ youth and youth diagnosed with Gender Dysphoria. The revised policies shall include (a) protection of LGBTQ youths from violence, threats, and harassment from staff and others; (b) individualized decisionmaking, which includes the input of DJJ mental health staff, regarding the classification and housing of transgender youths, including whether to house them with male or female youths; (c) individualized decision-making, which includes the input of DJJ mental health staff, regarding whether to continue or begin hormone or hormone-blocker therapy for transgender youths; and (d) when body searches of transgender youths are necessary, allowing such youths to choose the gender of the staff who will search them.
PART III: EDUCATION SERVICES
1. Full-Time, Full-Day Instruction. DJJ shall provide full-time, full day instruction on all scheduled school days in each facility. Specifically, DJJ shall make available at least five hours of instruction per day, on all scheduled school days, to all youths committed to the DJJ, regardless of their status or security classification, except that: (a) DJJ shall offer at least two and one-half hours of educational programming per scheduled school day to youths who have a high school diploma or GED; and (b) within 120 days of the entry of this plan, and in consultation with the court-appointed education expert and plaintiffs’ counsel, DJJ shall develop and implement a policy regarding the kind and minimum amount of alternative educational programming for youth in reception and classification units. During scheduled non-school days, DJJ shall offer alternative educational programming and online coursework.
4

Case: 1:12-cv-07289 Document #: 269 Filed: 03/28/19 Page 5 of 12 PageID #:3199
2. Teacher Staffing Levels. Within one year of entry of this remedial plan, DJJ shall create and fill additional teacher positions to ensure that full-time, full day instruction is provided on all scheduled school days in each facility, and that all special education services required by youths’ IEPs are provided. DJJ shall ensure student to teacher ratios of 10:1 or lower for a general classroom setting and 6:1 or lower for students with intensive needs; however, with approval of the court-appointed education expert higher ratios may be utilized where para-professionals such as teachers’ assistants are available. DJJ shall also work to streamline the teacher hiring process to eliminate any barriers to timely hiring of teachers and duplicative efforts or other inefficiencies in the hiring process.
3. Other Education Staffing Levels. Within 90 days of the entry of this plan, and in consultation with the court-appointed education expert and plaintiffs’ counsel, DJJ shall establish (a) appropriate staffing levels for school librarians, school counselors, and school clerical staff, and (b) an appropriate number of special education instructional specialists to assist special education teachers. The responsibilities of the school counselors shall include timely obtaining youths’ prior school records, assessing credits needed for graduation, and monitoring implementation and compliance with youths’ Individualized Education Plans. These staffing levels shall be adopted in a supplemental order, including deadlines for implementation, subject to the Court’s review and approval, and also subject to the PLRA findings as set forth above in paragraph I(2).
4. Substitute Teacher Policy. DJJ shall, within 180 days of entry of this remedial plan, create and implement a plan to provide for certified substitute teachers in its facilities to minimize the impact of teacher absences on instruction in its schools.
5. Modified School Calendar. DJJ shall reduce teacher absences and ensure continuity of instruction by implementing a modified school calendar. The modified school calendar shall have defined vacation times for teachers, and minimize the use of vacation time by teachers during school instruction periods. DJJ shall, within 60 days of entry of this remedial plan, prepare a draft school calendar for 2014-15 that specifies school holidays and other vacation time, staff development days, and a summer break for teachers while providing alternative educational programming for youths. Following review and input from the education expert and plaintiffs’ counsel, DJJ shall, within 90 days of entry of this remedial plan, publish its final school calendar for 2014-15.
6. Blended Instruction. DJJ shall ensure that it provides both traditional classroom instruction and web-based instruction, individually tailored to students’ needs.
7. Curriculum. DJJ shall provide an academic curriculum sufficient to make available, to every youth without a high school diploma or GED, instruction in: (a) all subjects in which they must earn credit under state law in order to earn a high school diploma; (b) all subjects they need in order to prepare to take the GED exam; and (c) career and technical education programs for which high school credit can be earned. DJJ shall also offer vocational programming in which youths who already have a high school diploma or GED, or who are not on a diploma track, can earn vocational certification. Within one
5

Case: 1:12-cv-07289 Document #: 269 Filed: 03/28/19 Page 6 of 12 PageID #:3200
year of entry of this remedial plan, DJJ shall offer at least two vocational programs at each facility (except that facilities with fewer than 50 youths need only have one), and the DJJ shall ensure that at least one vocational program at each facility leads to certification. DJJ shall provide intensive literacy instruction to all youths who score below the 25th percentile on standardized reading tests upon DJJ admission.
8. Special Education Policies and Procedures. DJJ shall, within 180 days of entry of this remedial plan, revise and update its policies and procedures relating to special education. The policies and procedures shall provide for (a) timely obtaining youths’ IEPs and related materials from their prior schools, (b) identification and assessment of youths with learning disabilities, (c) development and implementation of IEPs, and (d) monitoring to ensure that youths are receiving the services specified in their IEPs.
PART IV: USE OF CONFINEMENT
1. Confinement and Restricted Movement Policy. DJJ shall, within 180 days of entry of this remedial plan, rewrite its policy regarding use of confinement and restricted movement. For purposes of this Part IV, (i) “Confinement” shall refer to the removal of a youth from his or her assigned housing unit and placement of the youth into a confinement unit room, segregated from other youth, and (ii) “Restricted Movement” shall refer to youth who are not held on a confinement unit in confinement status but nevertheless have restricted movement. The new policy regarding the use of confinement and restricted movement shall include the following features:
(a) Limits on confinement for behavior management. Confinement shall be allowed for purposes of safely managing a youth who has exhibited aggressive or uncontrolled behavior or movement and presents an immediate risk to staff, other youths, or facility security. When the youth regains self-control, such confinement must end. In no case shall confinement solely for behavior management last for a duration of more than twenty-four (24) hours.
(b) Limits on mental health crisis confinement. Confinement shall be allowed when (i) based on the youth’s mental health status such confinement is necessary to prevent physical harm to self or others, (ii) no less restrictive intervention is available, and (iii) such confinement does not pose an undue risk to the youth’s health. Such confinement must end when the risk of harm to self or others ends. Such confinement shall be re-evaluated every 24 hours by a mental health professional, subject to the same three findings above. If such confinement is still necessary after three days, the youth shall be evaluated by a psychiatrist, psychologist, or other qualified mental health professional for hospitalization.
(c) Limits on investigative confinement. If DJJ has probable cause to believe that a youth has committed a serious offense while in DJJ custody, they may confine such a youth during the pendency of an investigation of the alleged offense. The policy must address the maximum duration of such confinement, and which offenses allow such confinement.
6

Case: 1:12-cv-07289 Document #: 269 Filed: 03/28/19 Page 7 of 12 PageID #:3201
(d) Limits on confinement for transfer to DOC. If DJJ has temporary custody of an individual who is of adult age with a criminal conviction and a sentence to the Department of Corrections (“DOC”), DJJ may confine such an adult while awaiting their transfer to a DOC facility, but in no event for longer than three business days.
(e) Limits on medical confinement. The policy must address whether, and if so when, DJJ medical staff may order the confinement of a youth for purposes of medical quarantine or isolation.
(f) Other confinement prohibited. All other forms of confinement shall be prohibited, including but not limited to: for purposes of disciplining or punishing a youth, or for purposes of protecting one youth from another youth.
(g) Periodic visual inspections. The policy must require that at regular intervals, staff must visually inspect the well-being of all youths in confinement or restricted movement and have verbal communication with such youths during these visual checks.
(h) Appropriate services. The policy must define the appropriate services for youths in confinement or restricted movement, including medical care, mental health services, education, recreation, visiting, telephone contacts and meals.
(i) Process for entering, continuing, and exiting confinement or restricted movement. The policy must establish the criteria and process for entering and continuing confinement or restricted movement, and the criteria and process for exiting confinement and returning to regular living units or terminating restricted movement, including who makes such decisions, how they are reviewed and by whom, and timeframes for such decision and review.
(j) Documentation. For youths in confinement or restricted movement, the policy shall address appropriate documentation of the foregoing visual inspections, verbal communications, appropriate services, and processes for entry, continuation, or exit.
(k) Restricted movement on other living units. The policy must address limitations on all forms of restricted movement, including “room confinement” to the youth’s own room, any behavioral management units, reception and classification units, medical infirmary units, mental health crisis observation units, visitor or guest units for youth temporarily assigned to a facility for any reason, and institutional restricted movement.
2. Confinement Liaison. DJJ shall, within 180 days of entry of this remedial plan, develop and implement policies and procedures requiring a youth and family specialist or other non-security staff member to be present during the day shift at each confinement unit that has at least one youth in confinement. The youth and family specialist shall serve as a liaison between the youth and other facility staff, and shall help ensure that appropriate
7

Case: 1:12-cv-07289 Document #: 269 Filed: 03/28/19 Page 8 of 12 PageID #:3202
services (including mental health services, education services, and reading materials) are provided to the youth. This provision shall be subject to modification after implementation of the revised policy outlined in this Part IV, and the experts’ assessment as to the need for and efficacy of the confinement liaison.
3. Confinement Conditions. DJJ shall, within 180 days of entry of this remedial plan, develop and implement policies and procedures ensuring adequate thorough cleaning and sanitation of all confinement rooms after they are vacated before the room is used for another youth, and as needed during any period of use with an individual youth to ensure rooms remain free of food or human waste and/or graffiti. DJJ shall also, within 180 days of entry of this remedial plan, ensure that all confinement rooms are well lit with functional plumbing, are appropriately heated or cooled, and contain adequate bedding and blankets.
PART V: SAFETY AND GENERAL ISSUES
1. Comprehensive Treatment Model. DJJ shall, within one year of entry of this remedial plan, develop and implement a strategic plan for an evidence-based or evidence-informed comprehensive treatment and rehabilitation model to be used for all youths in all DJJ facilities, including but not limited to youths in special treatment units and for juvenile sex offenders. Such a model shall ensure general uniformity and cohesive programming in all DJJ facilities, across educational, mental health, substance abuse, behavioral management, and other programming for youths.
2. Department-Wide Behavioral Management System. DJJ shall, within one year of entry of this remedial plan, adopt and implement a comprehensive, department-wide, evidencebased or evidence-informed behavioral management system, to provide a consistent model for youth behavior throughout the facilities.
3. Individualized Youth Development Plans. DJJ shall, within 180 days of entry of this remedial plan, implement policies and procedures requiring preparation and implementation of a youth development plan (“YDP”) for each youth committed to DJJ custody. Within fourteen days of a youth’s arrival at his or her assigned facility, DJJ facility and Aftercare staff will begin collaborating to develop the youth’s YDP. The YDP will, through the use of screening and assessment, identify needed services based on the youth’s strengths and needs, and will serve as a plan for the youth carrying through to the youth’s release on aftercare.
4. Security Staffing Levels. DJJ shall increase the number of security staff posts to ensure adequate staffing at each facility. Specifically, DJJ shall comply with the Prison Rape Elimination Act (“PREA”) Juvenile Facility Standards (28 CFR 115.313(c)) by achieving and maintaining youth to security staff ratios of (a) 12:1 for waking hours and 20:1 for sleeping hours by October 2015, (2) 10:1 for waking hours and 18:1 for sleeping hours by October 2016, and (3) 8:1 for waking hours and 16:1 for sleeping hours by October 2017.
8

Case: 1:12-cv-07289 Document #: 269 Filed: 03/28/19 Page 9 of 12 PageID #:3203
5. Youth and Family Specialist Staffing Levels. Within 90 days of the entry of this plan, and in consultation with the court-appointed general juvenile justice expert and plaintiffs’ counsel, DJJ shall establish an appropriate staff-to-youth ratio for Youth and Family Specialists. This ratio shall be adopted in a supplemental order, including a deadline for implementation, subject to the Court’s review and approval, and also subject to the PLRA findings as set forth above in paragraph I(2).
6. Training of Staff with Youth Contact. DJJ shall provide training to ensure that all staff who have direct contact with juveniles are adequately trained in the following areas: (a) adolescent social and intellectual development; (b) gender responsive and cultural competent interaction with youth; (c) the mental health and trauma needs of justiceinvolved youth; (d) conflict resolution techniques (including conflict de-escalation); (e) the participation of mental health staff in resolving conflicts; (f) effective behavioral management including alternatives to use of confinement; (g) report writing on use of force incidents, including the time, location, and reasons for force; (h) alternatives to the use of force when appropriate; (i) the basic principles of the Americans with Disabilities Act (“ADA”) and the Prison Rape Elimination Act (“PREA”); and (j) zero tolerance for verbal and sexual abuse and harassment.
7. Youth Grievance Reporting. DJJ shall ensure that all youths have adequate means to report allegations of abuse and/or submit grievances. DJJ has instituted and shall maintain a hotline which youth can use at any time to report sexual abuse or harassment. In addition, within 180 days of entry of this remedial plan, DJJ shall ensure a grievance box and grievance forms are available on each unit, provide enhanced education to youths and staff about the grievance process, and require each facility to submit a monthly report to the Director of the DJJ describing all grievances and their resolutions. DJJ shall provide these monthly reports to the court-appointed experts and plaintiffs’ counsel.
8. Independent Juvenile Ombudsman. DJJ has proposed legislation (SB 2352) that would create within the DJJ an Independent Juvenile Ombudsman for the purpose of securing the rights of youth committed to the DJJ. The Independent Juvenile Ombudsman will be appointed by the Governor for a term of four years, and shall be responsible for reviewing and monitoring the implementation of rules and standards established by the DJJ and the delivery of services to youth to ensure that the rights of youth are fully observed; providing assistance to a youth or family who the Ombudsman determines is in need of assistance; investigating and attempting to resolve complaints made by or on behalf of youth; reviewing or inspecting periodically DJJ facilities and procedures to ensure that the rights of youth are fully observed; being accessible to and meeting with youth, and serving as a resource by informing them of their rights. DJJ will continue to advocate with the General Assembly for passage of this legislation.
9. Limits on mechanical restraints. Within 180 days of the adoption of this remedial plan, the DJJ shall adopt and implement a policy that limits the use of mechanical restraints.
9

Case: 1:12-cv-07289 Document #: 269 Filed: 03/28/19 Page 10 of 12 PageID #:3204
10. General Programming. DJJ shall, within 180 days of entry of this remedial plan, create and implement a policy to provide opportunities, subject to reasonable security concerns, for all DJJ youths to spend at least eight hours per day outside of their rooms engaged in supervised activities (not including meals or showers), so that during hours when they are not participating in school or treatment, they have opportunities to participate in an appropriate mix of physical exercise, recreational activities, and work details.
11. Legal assistance to youths. Within 90 days of the adoption of this remedial plan: (a) plaintiffs’ counsel shall prepare a list of non-profit legal organizations that might assist youths who believe their rights have been violated by DJJ conditions or services, and DJJ shall review that list, and then post that list in a prominent location in the day and visitation rooms in all IDJJ youth centers; and (b) DJJ shall reasonably facilitate confidential communications between youths and such attorneys by means of face-to-face meetings, telephone calls from attorneys to youths, and telephone calls from youths to attorneys with whom they have an existing attorney-client relationship.
PART VI: COMMUNITY PLACEMENT
1. Placement Coordinator. DJJ shall, within 90 days of entry of this remedial plan, assign a Placement Coordinator to oversee and monitor implementation of this Part VI. The Placement Coordinator shall be a full-time DJJ staff member whose primary job responsibility is to coordinate and monitor activities of facility and Aftercare staff responsible for overseeing planning for community placement and identifying and resolving placement barriers. DJJ shall provide the Placement Coordinator with monthly reports that identify all youths with placement barriers and provide details as to the barriers, placement plans, and status of each youth’s placement. Such reports shall be made available to the court-appointed experts and plaintiffs’ counsel upon request.
2. Discharge Planning Upon Intake. In conjunction with the statewide implementation of Aftercare Specialists for all youth in DJJ, DJJ shall engage in initial placement planning within fourteen days of a youth’s commitment to DJJ and arrival at a DJJ facility, incorporating concurrent planning to minimize the number of youths who, but for a lack of placement, could be released on aftercare status.
3. Preparation of Youths for Placement. DJJ shall collaborate with providers to prepare youths for placement in residential facilities and enhances their prospects for success at those facilities.
4. Placement. DJJ shall take all steps reasonably necessary, including but not limited to requesting appropriations and seeking vendors, to establish a sufficient number of available beds in appropriate community facilities for juvenile sex offenders and other youths who require residential placement upon release in Illinois.
10

Case: 1:12-cv-07289 Document #: 269 Filed: 03/28/19 Page 11 of 12 PageID #:3205

PART VII: IMPLEMENTATION AND MONITORING

1. Deputy Director of Quality Assurance. DJJ shall, within 180 days of entry of this remedial plan, appoint a Deputy Director of Quality Assurance whose responsibilities will include monitoring the delivery of services and programs to youth; ensuring that the implementation of agency programs and operations are consistent with the agency’s objectives and mandates; and assisting with development and implementation of statewide policies, procedures, guidelines, and performance standards.

2. Monitoring and Access to Data. DJJ shall facilitate monitoring by the court-appointed experts and plaintiffs’ counsel in accordance with paragraphs 27 through 35 of the consent decree. In addition, DJJ shall confer with the court-appointed experts and plaintiffs’ counsel within 60 days of entry of this remedial plan regarding the data they will require to monitor the DJJ’s compliance with this remedial plan and when and how that data shall be provided.

3. Monitoring of chemical agents. The court-appointed experts and the plaintiffs’ counsel may monitor DJJ’s use of chemical agents.

IT IS SO STIPULATED AND AGREED:

For the plaintiffs:

For the defendant:

By: /s/ Camille E. Bennett__________

By: /s/ Heidi Mueller________________

Date: March 15, 2019_____________

Date: March 15, 2019______________

Benjamin S. Wolf Camille E. Bennett Lindsay S. Miller Allyson M. Bain Roger Baldwin Foundation of ACLU, Inc. 180 North Michigan Avenue, Suite 2300 Chicago, IL 60601 (312) 201-9740

Heidi Mueller
Director of the Illinois Department of Juvenile
Justice 1112 South Wabash Avenue, 2nd Floor
Chicago, IL 60605

Maja C. Eaton Kevin M. Fee, Jr. Joseph R. Dosch Sidley Austin LLP One South Dearborn Chicago, IL 60603 (312) 853-7000

11

Case: 1:12-cv-07289 Document #: 269 Filed: 03/28/19 Page 12 of 12 PageID #:3206 IT IS SO ORDERED: By: _____________________________ Date: March 28 ,2019 United States District Court Judge
12

 
 Case: 1:12-cv-7289 As of: 05/22/2020 02:17 PM CDT 1 of 29
MARTIN,TERMED
United States District Court Northern District of Illinois − CM/ECF LIVE, Ver 6.3.2 (Chicago)
CIVIL DOCKET FOR CASE #: 1:12−cv−07289

RJ. et al v. Jones Assigned to: Honorable Matthew F. Kennelly Cause: 42:1983 Prisoner Civil Rights
Plaintiff R. J. on behalf of themselves and all others similarly situated next of friend Jeffrey Shaman

Date Filed: 09/12/2012 Date Terminated: 12/06/2012 Jury Demand: None Nature of Suit: 555 Civil Rights (Prison Condition) Jurisdiction: Federal Question
represented by Adam D. Schwartz Electronic Frontier Foundation 815 Eddy Street San Francisco, CA 94109 415−436−9333 Email: adam@eff.org TERMINATED: 11/03/2015 LEAD ATTORNEY
Allyson M. Bain Roger Baldwin Foundation of ACLU, Inc. 150 N. Michigan Ave., Ste. 600 Chicago, IL 60601 (312) 201−9740 Email: abain@aclu−il.org ATTORNEY TO BE NOTICED
Benjamin S. Wolf Roger Baldwin Foundation of ACLU, Inc. 150 N. Michigan Ave. Suite 600 Chicago, IL 60601−7401 (312) 201−9740 Email: bwolf@aclu−il.org ATTORNEY TO BE NOTICED
Camille E. Bennett Roger Baldwin Foundation of ACLU, Inc. 150 N. Michigan Ave. Ste. 600 Chicago, IL 60601 312−201−9740 Email: cbennett@aclu−il.org ATTORNEY TO BE NOTICED
Harvey Michael Grossman Roger Baldwin Foundation of ACLU, Inc. 180 North Michigan Avenue Suite 2300 Chicago, IL 60601−7401 (312) 201−9740 Email: hgrossman@aclu−il.org ATTORNEY TO BE NOTICED
Joseph Ryan Dosch Sidley Austin Llp 1 S. Dearborn St. Chicago, IL 60603 (312) 853−7000 Email: jdosch@sidley.com

Case: 1:12-cv-7289 As of: 05/22/2020 02:17 PM CDT 2 of 29

Plaintiff

ATTORNEY TO BE NOTICED
Kevin M Fee , Jr Sidley Austin LLP One South Dearborn Street Chicago, IL 60603 (312) 853−7000 Email: kfee@sidley.com ATTORNEY TO BE NOTICED
Khadine Marie Bennett Roger Baldwin Foundation of ACLU of IL, Inc. 150 North Michigan Ave Suite 600 Chicago, IL 60601 (312) 201−9740 Email: kbennett@aclu−il.org ATTORNEY TO BE NOTICED
Lindsay Stark Miller Roger Baldwin Foundation of ACLU, Inc. 150 N Michigan Ave Ste 600 Chicago, IL 60601 (312) 201−9740 Email: lmiller@aclu−il.org TERMINATED: 08/13/2019
Maja C. Eaton Sidley Austin LLP One South Dearborn Street Chicago, IL 60603 (312) 853−7000 Email: meaton@sidley.com ATTORNEY TO BE NOTICED
Olga Frances Pribyl Equip for Equality 20 North Michigan Avenue, Suite 300 Chicago, IL 60602 (312) 895−7321 Email: olga@equipforequality.org ATTORNEY TO BE NOTICED
Rachel L. Shapiro Equip For Equality 20 North Michigan Ave. Suite 300 Chicago, IL 60602 (312) 895−7308 Email: rachel@equipforequality.org ATTORNEY TO BE NOTICED
Ruth Z. Brown Loevy & Loevy 311 N. Aberdeen St. 3rd FL Chicago, IL 60607 312−243−5900 Email: ruth@loevy.com TERMINATED: 01/10/2014
represented by

Case: 1:12-cv-7289 As of: 05/22/2020 02:17 PM CDT 3 of 29

B. W. on behalf of themselves and all others similarly situated next of friend Jeffrey Shaman
Plaintiff D. F. on behalf of themselves and all others similarly situated next of friend Jeffrey Shaman

Adam D. Schwartz (See above for address) TERMINATED: 11/03/2015 LEAD ATTORNEY
Allyson M. Bain (See above for address) ATTORNEY TO BE NOTICED
Benjamin S. Wolf (See above for address) ATTORNEY TO BE NOTICED
Camille E. Bennett (See above for address) ATTORNEY TO BE NOTICED
Harvey Michael Grossman (See above for address) ATTORNEY TO BE NOTICED
Joseph Ryan Dosch (See above for address) ATTORNEY TO BE NOTICED
Kevin M Fee , Jr (See above for address) ATTORNEY TO BE NOTICED
Khadine Marie Bennett (See above for address) ATTORNEY TO BE NOTICED
Lindsay Stark Miller (See above for address) TERMINATED: 08/13/2019
Maja C. Eaton (See above for address) ATTORNEY TO BE NOTICED
Olga Frances Pribyl (See above for address) ATTORNEY TO BE NOTICED
Rachel L. Shapiro (See above for address) ATTORNEY TO BE NOTICED
Ruth Z. Brown (See above for address) TERMINATED: 01/10/2014
represented by Adam D. Schwartz (See above for address) TERMINATED: 11/03/2015 LEAD ATTORNEY
Allyson M. Bain (See above for address) ATTORNEY TO BE NOTICED
Benjamin S. Wolf

Case: 1:12-cv-7289 As of: 05/22/2020 02:17 PM CDT 4 of 29

Plaintiff
D. G. on behalf of themselves and all others similarly situated next of friend Jeffrey Shaman

(See above for address) ATTORNEY TO BE NOTICED
Camille E. Bennett (See above for address) ATTORNEY TO BE NOTICED
Harvey Michael Grossman (See above for address) ATTORNEY TO BE NOTICED
Joseph Ryan Dosch (See above for address) ATTORNEY TO BE NOTICED
Kevin M Fee , Jr (See above for address) ATTORNEY TO BE NOTICED
Khadine Marie Bennett (See above for address) ATTORNEY TO BE NOTICED
Lindsay Stark Miller (See above for address) TERMINATED: 08/13/2019
Maja C. Eaton (See above for address) ATTORNEY TO BE NOTICED
Olga Frances Pribyl (See above for address) ATTORNEY TO BE NOTICED
Rachel L. Shapiro (See above for address) ATTORNEY TO BE NOTICED
Ruth Z. Brown (See above for address) TERMINATED: 01/10/2014
represented by Adam D. Schwartz (See above for address) TERMINATED: 11/03/2015 LEAD ATTORNEY
Allyson M. Bain (See above for address) ATTORNEY TO BE NOTICED
Benjamin S. Wolf (See above for address) ATTORNEY TO BE NOTICED
Camille E. Bennett (See above for address) ATTORNEY TO BE NOTICED
Harvey Michael Grossman (See above for address) ATTORNEY TO BE NOTICED

Case: 1:12-cv-7289 As of: 05/22/2020 02:17 PM CDT 5 of 29

Plaintiff
M. D. on behalf of themselves and all others similarly situated next of friend Jeffrey Shaman

Joseph Ryan Dosch (See above for address) ATTORNEY TO BE NOTICED
Kevin M Fee , Jr (See above for address) ATTORNEY TO BE NOTICED
Khadine Marie Bennett (See above for address) ATTORNEY TO BE NOTICED
Lindsay Stark Miller (See above for address) TERMINATED: 08/13/2019
Maja C. Eaton (See above for address) ATTORNEY TO BE NOTICED
Olga Frances Pribyl (See above for address) ATTORNEY TO BE NOTICED
Rachel L. Shapiro (See above for address) ATTORNEY TO BE NOTICED
Ruth Z. Brown (See above for address) TERMINATED: 01/10/2014
represented by Adam D. Schwartz (See above for address) TERMINATED: 11/03/2015 LEAD ATTORNEY
Allyson M. Bain (See above for address) ATTORNEY TO BE NOTICED
Benjamin S. Wolf (See above for address) ATTORNEY TO BE NOTICED
Camille E. Bennett (See above for address) ATTORNEY TO BE NOTICED
Harvey Michael Grossman (See above for address) ATTORNEY TO BE NOTICED
Joseph Ryan Dosch (See above for address) ATTORNEY TO BE NOTICED
Kevin M Fee , Jr (See above for address) ATTORNEY TO BE NOTICED
Khadine Marie Bennett

Case: 1:12-cv-7289 As of: 05/22/2020 02:17 PM CDT 6 of 29
(See above for address) ATTORNEY TO BE NOTICED
Lindsay Stark Miller (See above for address) TERMINATED: 08/13/2019
Maja C. Eaton (See above for address) ATTORNEY TO BE NOTICED
Olga Frances Pribyl (See above for address) ATTORNEY TO BE NOTICED
Rachel L. Shapiro (See above for address) ATTORNEY TO BE NOTICED
Ruth Z. Brown (See above for address) TERMINATED: 01/10/2014

V. Defendant Candice Jones
Service List

represented by Michael T. Dierkes Illinois Attorney General's Office (100 W) 100 West Randolph Street Chicago, IL 60601 (312) 814−3672 Email: mdierkes@atg.state.il.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amanda Leigh Kozar Office of the Illinois Attorney General 100 W. Randolph St. Floor 13 Chicago, IL 60601 (312) 814−6551 Email: akozar@atg.state.il.us ATTORNEY TO BE NOTICED
Deborah Morgan Beltran Illinois Office of the Attorney General 100 West Randolph Street 13th Floor Chicago, IL 60601 312 814 3599 Email: dbeltran@atg.state.il.us TERMINATED: 05/26/2015
Marni M. Malowitz Illinois State Police 1941 W. Roosevelt Rd. Chicago, IL 60608 312 433 8000 ext. 2043 Email: marni_malowitz@isp.state.il.us ATTORNEY TO BE NOTICED
represented by Prisoner Correspondence − Internal Use Only Email: Prison3_ILND@ilnd.uscourts.gov

Case: 1:12-cv-7289 As of: 05/22/2020 02:17 PM CDT 7 of 29
TERMINATED: 09/19/2012 LEAD ATTORNEY

Date Filed 09/12/2012 09/12/2012 09/12/2012 09/12/2012 09/12/2012 09/12/2012 09/12/2012 09/12/2012 09/12/2012 09/12/2012 09/12/2012 09/12/2012 09/12/2012
09/12/2012
09/12/2012 09/19/2012 09/19/2012
09/26/2012

# Docket Text
1 COMPLAINT against Arthur D. Bishop, in his official capacity as Director of the Illinois Department of Juvenile Justice filed by R. J., D. G., D. F., B. W., M. D.; Filing fee $ 350, receipt number 0752−7542270.(Schwartz, Adam) (Entered: 09/12/2012)
2 CIVIL Cover Sheet (Schwartz, Adam) (Entered: 09/12/2012)
3 ATTORNEY Appearance for Plaintiffs M. D., D. F., D. G., R. J., B. W. by Adam D. Schwartz (Schwartz, Adam) (Entered: 09/12/2012)
4 ATTORNEY Appearance for Plaintiffs M. D., D. F., D. G., R. J., B. W. by Maja C. Eaton (Eaton, Maja) (Entered: 09/12/2012)
5 ATTORNEY Appearance for Plaintiffs M. D., D. F., D. G., R. J., B. W. by Kevin M Fee, Jr (Fee, Kevin) (Entered: 09/12/2012)
6 ATTORNEY Appearance for Plaintiffs M. D., D. F., D. G., R. J., B. W. by Joseph Ryan Dosch (Dosch, Joseph) (Entered: 09/12/2012)
7 ATTORNEY Appearance for Plaintiffs M. D., D. F., D. G., R. J., B. W. by Harvey Michael Grossman (Grossman, Harvey) (Entered: 09/12/2012)
8 ATTORNEY Appearance for Plaintiffs M. D., D. F., D. G., R. J., B. W. by Benjamin S. Wolf (Wolf, Benjamin) (Entered: 09/12/2012)
9 ATTORNEY Appearance for Defendant Arthur D Bishop by Michael T. Dierkes (Dierkes, Michael) (Entered: 09/12/2012)
CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Morton Denlow. (jn, ) (Entered: 09/12/2012)
10 MOTION by Plaintiffs M. D., D. F., D. G., R. J., B. W.Unopposed Motion To Appoint A Next Friend (Attachments: # 1 Exhibit 1)(Schwartz, Adam) (Entered: 09/12/2012)
11 NOTICE of Motion by Adam D. Schwartz for presentment of motion for miscellaneous relief 10 before Honorable Matthew F. Kennelly on 9/19/2012 at 09:30 AM. (Schwartz, Adam) (Entered: 09/12/2012)
12 MOTION by Defendant Arthur D Bishop, Plaintiffs M. D., D. F., D. G., R. J., B. W. to certify class Joint Motion For Class Certification And Approval And Entry Of Consent Decree (Attachments: # 1 Exhibit 1 − Proposed Consent Decree, # 2 Exhibit 2 − Legal Notice, # 3 Text of Proposed Order)(Schwartz, Adam) (Entered: 09/12/2012)
13 MEMORANDUM by Arthur D Bishop, M. D., D. F., D. G., R. J., B. W. in support of motion to certify class, 12 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Schwartz, Adam) (Entered: 09/12/2012)
14 NOTICE of Motion by Adam D. Schwartz for presentment of motion to certify class, 12 before Honorable Matthew F. Kennelly on 9/19/2012 at 09:30 AM. (Schwartz, Adam) (Entered: 09/12/2012)
15 ATTORNEY Appearance for Defendant Arthur D Bishop by Marni M. Malowitz (Malowitz, Marni) (Entered: 09/19/2012)
16 MINUTE entry before Honorable Matthew F. Kennelly: Hearing held on motion for appointment of next friend ( 10 ). Motion is granted. Motion for class certification is entered and continued to 9/26/2012 at 9:30 AM. ( 12 ). Mailed notice. (ea, ) (Entered: 09/20/2012)
17 MINUTE entry before Honorable Matthew F. Kennelly: Hearing held on motion for class certification ( 12 ). Motion is granted. Motion for approval is granted ( 12 ). Objections to the class certification are due 11/15/12 and responses to objections are due 11/19/12. Fairness hearing is set for 12/6/2012 at 9:30 a.m. Mailed notice. (ea, )

Case: 1:12-cv-7289 As of: 05/22/2020 02:17 PM CDT 8 of 29

10/02/2012 10/03/2012 10/03/2012 11/19/2012 11/19/2012 11/19/2012 11/19/2012 11/19/2012 11/19/2012 11/19/2012 11/20/2012 11/30/2012
11/30/2012

(Entered: 09/27/2012)
18 ORDER CERTIFYING CLASS AND PRELIMINARILY APPROVING PROPOSED CONSENT DECREE signed by the Honorable Matthew F. Kennelly on 10/2/12. (mk) (Entered: 10/02/2012)
19 ATTORNEY Appearance for Plaintiffs M. D., D. F., D. G., R. J., B. W. by Ruth Z. Brown (Brown, Ruth) (Entered: 10/03/2012)
20 (Corrected) ORDER CERTIFYING CLASS AND PRELIMINARILY APPROVING PROPOSED CONSENT DECREE signed by the Honorable Matthew F. Kennelly on 10/2/12. (mk) (Entered: 10/03/2012)
21 MOTION by Defendant Arthur D Bishop, Plaintiffs M. D., D. F., D. G., R. J., B. W. to appoint expert (Attachments: # 1 Exhibit Exhibits 1−4)(Schwartz, Adam) (Entered: 11/19/2012)
22 NOTICE of Motion by Adam D. Schwartz for presentment of motion to appoint expert 21 before Honorable Matthew F. Kennelly on 12/6/2012 at 09:30 AM. (Schwartz, Adam) (Entered: 11/19/2012)
23 MOTION by Defendant Arthur D Bishop, Plaintiffs M. D., D. F., D. G., R. J., B. W., Service List to amend/correct proposed consent decree (#12−1) (Attachments: # 1 Exhibit 1−3)(Schwartz, Adam) (Entered: 11/19/2012)
24 NOTICE of Motion by Adam D. Schwartz for presentment of motion to amend/correct 23 before Honorable Matthew F. Kennelly on 12/6/2012 at 09:30 AM. (Schwartz, Adam) (Entered: 11/19/2012)
25 MOTION by Plaintiffs M. D., D. F., D. G., R. J., B. W.scheduling order on attorney fees, costs and expenses (Schwartz, Adam) (Entered: 11/19/2012)
26 NOTICE of Motion by Adam D. Schwartz for presentment of motion for miscellaneous relief 25 before Honorable Matthew F. Kennelly on 12/6/2012 at 09:30 AM. (Schwartz, Adam) (Entered: 11/19/2012)
27 Joint RESPONSE to Objection to Proposed Consent Decree by Arthur D Bishop, M. D., D. F., D. G., R. J., Service List, B. W. (Attachments: # 1 Exhibit 1−2)(Schwartz, Adam) (Modified by Clerks Office.) Modified on 11/20/2012 (ea, ). (Entered: 11/19/2012)
28 EXHIBIT by Defendant Arthur D Bishop, Plaintiffs M. D., D. F., D. G., R. J., B. W., Service List (refiled exhibits to correct damaged pdf file 27−1) regarding MOTION by Defendant Arthur D Bishop, Plaintiffs M. D., D. F., D. G., R. J., B. W. to appoint expert 21 (Schwartz, Adam) (Entered: 11/20/2012)
29 TRANSCRIPT OF PROCEEDINGS held on 9/19/12 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Laura Brennan, 312−435−5785, Laura_M_Brennan@ilnd.uscourts.gov.
IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.
Redaction Request due 12/21/2012. Redacted Transcript Deadline set for 12/31/2012. Release of Transcript Restriction set for 2/28/2013. (Brennan, Laura) (Entered: 11/30/2012)
30 TRANSCRIPT OF PROCEEDINGS held on 9/26/12 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Laura Brennan, 312−435−5785, Laura_M_Brennan@ilnd.uscourts.gov.
IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court

Case: 1:12-cv-7289 As of: 05/22/2020 02:17 PM CDT 9 of 29

12/05/2012 12/06/2012 12/06/2012 01/03/2013 02/08/2013 02/08/2013 02/13/2013 02/20/2013 02/27/2013 04/18/2013
06/13/2013 06/13/2013

Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.
Redaction Request due 12/21/2012. Redacted Transcript Deadline set for 12/31/2012. Release of Transcript Restriction set for 2/28/2013. (Brennan, Laura) (Entered: 11/30/2012)
31 MINUTE entry before Honorable Matthew F. Kennelly: The Court herewith adds to the record a letter regarding the proposed consent decree received today from the director of the Northwestern Law School Children and Family Justice Center (attached to this entry). Counsel should be prepared to comment on this letter at the 12/6/12 hearing. (Attachments: # 1 Appendix) (mk) (Entered: 12/05/2012)
32 MINUTE entry before Honorable Matthew F. Kennelly: Fairness hearing held. Motion to correct proposed consent decree is granted (23). Motion for scheduling order on attorneys' fees is granted (25). Enter Consent Decree as approved by the Court. Status hearing set for 2/13/2013 at 9:30 AM. Mailed notice. (ea, ) (Entered: 12/07/2012)
33 CONSENT ORDER, Signed by the Honorable Matthew F. Kennelly on 12/6/2012.(ea, ) (Entered: 12/07/2012)
34 MINUTE entry before Honorable Matthew F. Kennelly: Minute order of 12/6/2012 is amended to reflect that the joint motion for Court appointment of experts is granted 21 . (or, ) (Entered: 01/03/2013)
35 MOTION by Plaintiffs M. D., D. F., D. G., R. J., B. W. for attorney fees UNOPPOSED (Attachments: # 1 Exhibit 1 − Proposed order)(Schwartz, Adam) (Entered: 02/08/2013)
36 NOTICE of Motion by Adam D. Schwartz for presentment of motion for attorney fees 35 before Honorable Matthew F. Kennelly on 2/13/2013 at 09:30 AM. (Schwartz, Adam) (Entered: 02/08/2013)
37 MINUTE entry before Honorable Matthew F. Kennelly:Status hearing held and continued to 2/27/2013 at 9:30 AM. Motion for attorney fees is entered and continued to status hearing date 35 . Supplement to motion is to be filed by 2/20/2013. (or, ) (Entered: 02/13/2013)
38 STATEMENT by Plaintiffs M. D., D. F., D. G., R. J., B. W.in Support of MOTION by Plaintiffs M. D., D. F., D. G., R. J., B. W. for attorney fees UNOPPOSED 35 (Attachments: # 1 Exhibit 1 − Judiciary's FY11 Congressional Budget Summary)(Schwartz, Adam) (Entered: 02/20/2013)
39 MINUTE entry before Honorable Matthew F. Kennelly:Motion for attorney fees 35 is granted. Status hearing held and continued to 8/6/2013 at 09:30 AM. (or, ) (Entered: 02/27/2013)
40 TRANSCRIPT OF PROCEEDINGS held on 2/27/13 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Kathleen M. Fennell, Kathleen_Fennell@ilnd.uscourts.gov.
IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.
Redaction Request due 5/9/2013. Redacted Transcript Deadline set for 5/20/2013. Release of Transcript Restriction set for 7/17/2013. (Fennell, Kathleen) (Entered: 04/18/2013)
41 MOTION by Plaintiffs M. D., D. F., D. G., R. J., B. W. for extension of time for expert investigation (Joint Motion) (Schwartz, Adam) (Entered: 06/13/2013)
42 NOTICE of Motion by Adam D. Schwartz for presentment of extension of time 41 before Honorable Matthew F. Kennelly on 6/19/2013 at 09:30 AM. (Schwartz, Adam)

Case: 1:12-cv-7289 As of: 05/22/2020 02:17 PM CDT 10 of 29

06/18/2013 08/06/2013 08/22/2013
08/23/2013
09/04/2013 09/04/2013 09/10/2013 09/12/2013 09/23/2013 09/26/2013

(Entered: 06/13/2013)
43 MINUTE entry before Honorable Matthew F. Kennelly: Joint motion for extension of time is granted 41 . The due date for the court appointed experts to file their reports is extended to 9/9/13. The motion hearing date of 6/19/13 is vacated. Mailed notice. (ea, ) (Entered: 06/19/2013)
44 MINUTE entry before Honorable Matthew F. Kennelly: Status hearing held on 8/6/2013 and continued to 9/16/2013 at 09:30 AM.Mailed notice (pjg, ) (Entered: 08/06/2013)
45 TRANSCRIPT OF PROCEEDINGS held on 2/13/13 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Laura Brennan, 312−435−5785, Laura_M_Brennan@ilnd.uscourts.gov.
IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.
Redaction Request due 9/12/2013. Redacted Transcript Deadline set for 9/23/2013. Release of Transcript Restriction set for 11/20/2013. (Brennan, Laura) (Entered: 08/22/2013)
46 TRANSCRIPT OF PROCEEDINGS held on 12/6/12 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Laura Brennan, 312−435−5785, Laura_M_Brennan@ilnd.uscourts.gov.
IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.
Redaction Request due 9/13/2013. Redacted Transcript Deadline set for 9/23/2013. Release of Transcript Restriction set for 11/21/2013. (Brennan, Laura) (Entered: 08/23/2013)
47 MOTION by Defendant Arthur D Bishop for extension of time to file expert report and reset status hearing (joint motion) (Dierkes, Michael) (Entered: 09/04/2013)
48 NOTICE of Motion by Michael T. Dierkes for presentment of motion for miscellaneous relief 47 before Honorable Matthew F. Kennelly on 9/11/2013 at 09:30 AM. (Dierkes, Michael) (Entered: 09/04/2013)
49 MINUTE entry before Honorable Matthew F. Kennelly: Joint motion for extension of time 47 is granted; the deadline for the court−appointed experts to file their report is extended to 9/23/2013, and the status hearing set for 9/13/2013 is vacated and reset to 9/26/2013 at 9:30 a.m. (mk) (Entered: 09/10/2013)
50 MINUTE entry before the Honorable Matthew F. Kennelly: Due to Judge Kennelly holding court only in the afternoon on 9/26/2013, the status hearing set for 9/26/2013 at 9:30 a.m. is reset for 9/26/2013 at 01:30 p.m. Mailed notice. (pjg, ) (Entered: 09/12/2013)
51 Joint Submission of Expert Reports by M. D., D. F., D. G., R. J., B. W. (Attachments: # 1 Expert report of Louis Kraus, M.D., # 2 Expert report of Barry Krisberg, Ph.D., # 3 Expert report of Peter Leone, Ph.D.)(Schwartz, Adam) (Entered: 09/23/2013)
52 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 9/26/2013 and continued to 12/10/2013 at 09:30 a.m. Mailed notice. (pjg, ) (Entered: 09/26/2013)

Case: 1:12-cv-7289 As of: 05/22/2020 02:17 PM CDT 11 of 29

10/04/2013
11/20/2013 11/20/2013 11/26/2013
12/17/2013 01/07/2014 01/07/2014 01/07/2014 01/10/2014 01/14/2014 01/23/2014 02/07/2014

53 TRANSCRIPT OF PROCEEDINGS held on 9/26/13 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Laura_M_Brennan@ilnd.uscourts.gov.
IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.
Redaction Request due 10/25/2013. Redacted Transcript Deadline set for 11/4/2013. Release of Transcript Restriction set for 1/2/2014. (Brennan, Laura) (Entered: 10/04/2013)
54 MOTION by Defendant Arthur D Bishop for extension of time to deliver draft remedial plan to plaintiffs and court−appointed experts (Dierkes, Michael) (Entered: 11/20/2013)
55 NOTICE of Motion by Michael T. Dierkes for presentment of extension of time 54 before Honorable Matthew F. Kennelly on 11/27/2013 at 09:30 AM. (Dierkes, Michael) (Entered: 11/20/2013)
56 MINUTE entry before the Honorable Matthew F. Kennelly: Defendant's unopposed motion for extension of time 54 is granted; the deadline for defendant to deliver his proposed remedial plan is extended to 1/6/2014. The Court advises that it will not extend this date again. The status hearing set for 12/10/2013 is vacated and reset to 1/24/2014 at 9:30 AM. (mk) (Entered: 11/26/2013)
57 ATTORNEY Appearance for Plaintiffs M. D., D. F., D. G., R. J., B. W. by Lindsay Stark Miller (Miller, Lindsay) (Entered: 12/17/2013)
58 MOTION by counsel for Plaintiffs M. D., D. F., D. G., R. J., B. W. to withdraw as attorney RUTH Z. BROWN (Brown, Ruth) (Entered: 01/07/2014)
59 NOTICE of Motion by Ruth Z. Brown for presentment of motion to withdraw as attorney 58 before Honorable Matthew F. Kennelly on 1/21/2014 at 09:30 AM. (Brown, Ruth) (Entered: 01/07/2014)
60 NOTICE of Motion by Ruth Z. Brown for presentment of motion to withdraw as attorney 58 before Honorable Matthew F. Kennelly on 1/24/2014 at 09:30 AM. (Brown, Ruth) (Entered: 01/07/2014)
61 MINUTE entry before the Honorable Matthew F. Kennelly: The motion to withdraw the appearance of Ruth Z. Brown as attorney for plaintiffs 58 is granted. (mk) (Entered: 01/10/2014)
62 MINUTE entry before the Honorable Matthew F. Kennelly: The status hearing date of 1/24/2014 is vacated and reset to 1/23/2014 at 9:30 AM. (mk) (Entered: 01/14/2014)
63 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 1/23/2014 and continued to 3/17/2014 at 9:30 a.m. Mailed notice. (pjg, ) (Entered: 01/24/2014)
64 TRANSCRIPT OF PROCEEDINGS held on 1/23/14 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Laura Brennan, 312−435−5785, Laura_M_Brennan@ilnd.uscourts.gov.
IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.
Redaction Request due 2/28/2014. Redacted Transcript Deadline set for 3/10/2014. Release of Transcript Restriction set for 5/8/2014. (Brennan, Laura) (Entered: 02/07/2014)

Case: 1:12-cv-7289 As of: 05/22/2020 02:17 PM CDT 12 of 29

02/19/2014 02/19/2014 02/26/2014
03/14/2014 03/24/2014 03/26/2014
04/04/2014 04/07/2014 04/07/2014 05/14/2014

65 MOTION by Defendant Arthur D Bishop for extension of time for the parties to file proposed remedial plan(s) (Dierkes, Michael) (Entered: 02/19/2014)
66 NOTICE of Motion by Michael T. Dierkes for presentment of extension of time 65 before Honorable Matthew F. Kennelly on 2/26/2014 at 09:30 AM. (Dierkes, Michael) (Entered: 02/19/2014)
67 ORDER: Motion hearing held on 2/26/2014. Defendant's motion for extension of time to file proposed remedial plan(s) 65 is granted. The deadline for the filing of remedial plan(s) is extended to 3/14/2014. The status hearing set for 3/17/2014 is moved to 3/24/2014 at 9:30 a.m. The Clerk is directed to substitute Candice Jones for Arthur Bishop as defendant. Signed by the Honorable Matthew F. Kennelly on 2/26/2014. Mailed notice (ph, ) (Entered: 02/27/2014)
68 Joint Submission of Proposed Remedial Plan by M. D., D. F., D. G., R. J., B. W. (Attachments: # 1 Agreed Proposed Remedial Plan)(Schwartz, Adam) (Entered: 03/14/2014)
69 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 3/24/2014. A revised version of the Joint Submission of Proposed Remedial Plan is to be submitted by 4/4/2014. Status hearing is set for 4/7/2014 at 9:30 a.m. Mailed notice. (pjg, ) (Entered: 03/24/2014)
70 TRANSCRIPT OF PROCEEDINGS held on 2/26/14 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Laura Brennan, 312−435−5785, Laura_M_Brennan@ilnd.uscourts.gov.
IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.
Redaction Request due 4/16/2014. Redacted Transcript Deadline set for 4/28/2014. Release of Transcript Restriction set for 6/24/2014. (Brennan, Laura) (Entered: 03/26/2014)
71 Joint Submission of Revised Proposed Remedial Plan by Candice Jones (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Dierkes, Michael) (Entered: 04/04/2014)
72 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 4/7/2014 and continued to 6/9/2014 at 9:30 AM. A revised version of the agreed remedial plan to be submitted to Judge Kennelly's proposed order email address. Mailed notice. (pjg, ) (Entered: 04/07/2014)
73 REMEDIAL PLAN Signed by the Honorable Matthew F. Kennelly on 4/7/2014.(pjg, ) (Entered: 04/07/2014)
74 TRANSCRIPT OF PROCEEDINGS held on 3/24/14 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Laura Brennan, 312−435−5785, Laura_M_Brennan@ilnd.uscourts.gov.

IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.

05/30/2014

Redaction Request due 6/4/2014. Redacted Transcript Deadline set for 6/16/2014. Release of Transcript Restriction set for 8/12/2014. (Brennan, Laura) (Entered: 05/14/2014)
75 MOTION by Plaintiffs M. D., D. F., D. G., R. J., B. W. for attorney fees UNOPPOSED (Schwartz, Adam) (Entered: 05/30/2014)

Case: 1:12-cv-7289 As of: 05/22/2020 02:17 PM CDT 13 of 29

05/30/2014 06/04/2014 06/09/2014 06/24/2014 07/07/2014
07/07/2014 07/16/2014 07/17/2014
07/17/2014 07/29/2014
07/31/2014
08/01/2014 08/11/2014 09/04/2014 09/25/2014 09/25/2014 09/29/2014

76 NOTICE of Motion by Adam D. Schwartz for presentment of motion for attorney fees 75 before Honorable Matthew F. Kennelly on 6/5/2014 at 09:30 AM. (Schwartz, Adam) (Entered: 05/30/2014)
77 MINUTE entry before the Honorable Matthew F. Kennelly: On the Court's motion, the hearing date on plaintiff's motion for attorney's fees and expenses is continued to the existing status hearing date of 6/9/2014 at 9:30 AM. (mk) (Entered: 06/04/2014)
78 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held. Plaintiffs' unopposed motion for fees, costs and expenses 75 is granted. Status hearing continued to 7/17/2014 at 9:00 a.m.Mailed notice (meg, ) (Entered: 06/09/2014)
79 ATTORNEY Appearance for Plaintiffs M. D., D. F., D. G., R. J., B. W. by Khadine Marie Bennett (Bennett, Khadine) (Entered: 06/24/2014)
80 Defendant's SUBMISSION of Policies Pursuant to Paragraph I(3) of the Remedial Plan by Candice Jones (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Dierkes, Michael) (Entered: 07/07/2014)
81 JOINT SUBMISSION of Proposed Supplemental Order by Candice Jones (Dierkes, Michael) (Entered: 07/07/2014)
82 MINUTE entry before the Honorable Matthew F. Kennelly: Tomorrow's status hearing is moved to 9:30 AM and will be held in open court. (mk) (Entered: 07/16/2014)
83 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 7/17/2014 and continued to 7/31/2014 at 9:30 a.m. Status Report to be filed by 7/29/2014. Proposed supplemental order to be submitted to Judge Kennelly's proposed order email address with edits as stated in open court. (pjg, ) (Entered: 07/17/2014)
84 SUPPLEMENTAL ORDER Signed by the Honorable Matthew F. Kennelly on 7/17/2014.(pjg, ) (Entered: 07/17/2014)
85 Defendant's Supplement to July 7, 2014 Submission of Policies Pursuant to Remedial Plan by Candice Jones (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Dierkes, Michael) (Entered: 07/29/2014)
86 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 7/31/2014. The Court approves defendant's 7/7/2014 submission of policies pursuant to paragraph I (3) of the remedial plan. Status hearing set for 8/28/2014 at 9:30 a.m. Mailed notice. (pjg, ) (Entered: 07/31/2014)
87 Defendant's Submission of Policies Pursuant to Paragraph I(3) of the Remedial Plan by Candice Jones (Attachments: # 1 Exhibit A)(Dierkes, Michael) (Entered: 08/01/2014)
88 MINUTE entry before the Honorable Matthew F. Kennelly: At the request of the parties, the status hearing set for 8/28/2014 is vacated and reset for 9/4/2014 at 9:30 a.m. Mailed notice. (pjg, ) (Entered: 08/11/2014)
89 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 9/4/2014 and continued to 10/16/2014 at 9:30 a.m. Mailed notice. (pjg, ) (Entered: 09/04/2014)
90 MOTION by Plaintiffs M. D., D. F., D. G., R. J., B. W. for extension of time for court−appointed monitors to file their reports (Schwartz, Adam) (Entered: 09/25/2014)
91 NOTICE of Motion by Adam D. Schwartz for presentment of extension of time 90 before Honorable Matthew F. Kennelly on 9/30/2014 at 09:30 AM. (Schwartz, Adam) (Entered: 09/25/2014)
92 MINUTE entry before the Honorable Matthew F. Kennelly: The joint motion for extension of time 90 is granted; the due date for the monitors' reports is extended to 10/20/2014. The status hearing set for 10/6/2014 is vacated and reset to 10/23/2014 at 9:30 AM. (mk) (Entered: 09/29/2014)

Case: 1:12-cv-7289 As of: 05/22/2020 02:17 PM CDT 14 of 29

10/02/2014 10/02/2014 10/06/2014 10/06/2014 10/07/2014 10/08/2014

93 MOTION by Plaintiffs M. D., D. F., D. G., R. J., B. W. for extension of time for defendant to file certain policies (Schwartz, Adam) (Entered: 10/02/2014)
94 NOTICE of Motion by Adam D. Schwartz for presentment of extension of time 93 before Honorable Matthew F. Kennelly on 10/9/2014 at 09:30 AM. (Schwartz, Adam) (Entered: 10/02/2014)
95 MOTION by Defendant Candice Jones for extension of time to deliver draft special education policy to plaintiffs' counsel and court−appointed experts (Attachments: # 1 Exhibit 1)(Dierkes, Michael) (Entered: 10/06/2014)
96 NOTICE of Motion by Michael T. Dierkes for presentment of extension of time 95 before Honorable Matthew F. Kennelly on 10/9/2014 at 09:30 AM. (Dierkes, Michael) (Entered: 10/06/2014)
97 MINUTE entry before the Honorable Matthew F. Kennelly: Motions for extension of time [ 93 & 95 ] is granted. The status hearing set for 10/23/2014 is vacated and reset to 11/10/2014 at 9:30 AM. (mk) (Entered: 10/07/2014)
98 TRANSCRIPT OF PROCEEDINGS held on 9/4/2014 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Valarie M. Ramsey valharam@aol.com (708) 860−8482.

IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.

10/20/2014 10/20/2014 10/20/2014 10/20/2014
10/22/2014 10/23/2014 10/23/2014 10/29/2014 10/30/2014

Redaction Request due 10/29/2014. Redacted Transcript Deadline set for 11/10/2014. Release of Transcript Restriction set for 1/6/2015. (rp, ) (Entered: 10/08/2014)
99 Joint Submission of Monitoring Report by M. D., D. F., D. G., R. J., B. W. (Attachments: # 1 Monitoring Report of Peter Leone, PhD)(Schwartz, Adam) (Entered: 10/20/2014)
100 MOTION by Defendant Candice Jones for extension of time to file monitoring reports (JOINT) (Dierkes, Michael) (Entered: 10/20/2014)
101 NOTICE of Motion by Michael T. Dierkes for presentment of extension of time 100 before Honorable Matthew F. Kennelly on 10/23/2014 at 09:30 AM. (Dierkes, Michael) (Entered: 10/20/2014)
102 Defendant's Submission of Policies Pursuant to Paragraph I(3) of the Remedial Plan by Candice Jones (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Dierkes, Michael) (Entered: 10/20/2014)
103 MINUTE entry before the Honorable Matthew F. Kennelly: The join motion for extension of time 100 is granted; the due date for the reports of Drs. Krisberg and Kraus is extended to 10/30/2014. (mk) (Entered: 10/22/2014)
104 MOTION by Plaintiffs M. D., D. F., D. G., R. J., B. W. to set a briefing schedule regarding filed policies (Schwartz, Adam) (Entered: 10/23/2014)
105 NOTICE of Motion by Adam D. Schwartz for presentment of motion by filer to set a briefing schedule 104 before Honorable Matthew F. Kennelly on 10/30/2014 at 09:30 AM. (Schwartz, Adam) (Entered: 10/23/2014)
106 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' unopposed motion to set a briefing schedule 104 is granted; plaintiffs are to file by 11/3/2014 their response to the policies filed by defendants on 10/20/2014. (mk) (Entered: 10/29/2014)
107 TRANSCRIPT OF PROCEEDINGS held on 7/17/14 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Laura Brennan, 312−435−5785, Laura_M_Brennan@ilnd.uscourts.gov.

Case: 1:12-cv-7289 As of: 05/22/2020 02:17 PM CDT 15 of 29

IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.

10/30/2014 11/03/2014
11/04/2014 11/04/2014 11/04/2014 11/05/2014 11/17/2014
11/26/2014 12/05/2014 12/10/2014 12/17/2014 12/18/2014 12/23/2014 01/06/2015 01/09/2015

Redaction Request due 11/20/2014. Redacted Transcript Deadline set for 12/1/2014. Release of Transcript Restriction set for 1/28/2015. (Brennan, Laura) (Entered: 10/30/2014)
108 Joint SUBMISSION of Monitoring Reports by Candice Jones (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Dierkes, Michael) (Entered: 10/30/2014)
109 OBJECTIONS by M. D., D. F., D. G., R. J., B. W. to other, 102 THREE IDJJ POLICIES FILED ON OCTOBER 20 (Attachments: # 1 Appendix List of Exhibits, # 2 Exhibit 1,(INCORRECT PDF LINKED TO ENTRY) # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10)(Schwartz, Adam) (Docket Text Modified by the Clerk's Office on 11/4/2014) (rm, ). (Entered: 11/03/2014)
110 NOTICE of Correction regarding 109 Exhibit #2. (rm, ) (Entered: 11/04/2014)
111 MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the status hearing set for 11/10/2014 is vacated and reset for 11/12/2014 at 9:30 AM. Mailed notice. (pjg, ) (Entered: 11/04/2014)
112 EXHIBIT by Plaintiffs M. D., D. F., D. G., R. J., B. W. CORRECTED EXHIBIT 2 regarding objections, 109 (Schwartz, Adam) (Entered: 11/04/2014)
113 MINUTE entry before the Honorable Matthew F. Kennelly: At the request of the parties, the status hearing set for 11/12/2014 is vacated and reset for 11/17/2014 at 9:30 AM. Mailed notice. (pjg, ) (Entered: 11/05/2014)
114 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 11/17/2014. Defendant has until 12/10/2014 to respond to plaintiff's objections 109 ; Reply, if any, is due by 12/17/2014. Status hearing set for 12/18/2014 at 9:30 a.m. If hearing on objections is necessary, it is set for 1/9/2015 at 9:30 a.m. Mailed notice. (pjg, ) (Entered: 11/18/2014)
115 ORDER APPROVING CERTAIN POLICIES signed by the Honorable Matthew F. Kennelly on 11/26/2014. (mk) (Entered: 11/26/2014)
116 Defendant's Submission of Policy Pursuant to Remedial Plan by Candice Jones (Attachments: # 1 Exhibit A)(Dierkes, Michael) (Entered: 12/05/2014)
117 RESPONSE by Defendant Candice Jones to objections, 109 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Dierkes, Michael) (Entered: 12/10/2014)
118 REPLY by Plaintiffs M. D., D. F., D. G., R. J., B. W. to Response 117 to objections to three IDJJ policies filed on October 20 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Schwartz, Adam) (Entered: 12/17/2014)
119 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 12/18/2014 and continued to 12/23/2014 at 9:29 AM. Mailed notice. (pjg, ) (Entered: 12/18/2014)
120 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 12/23/2014. The hearing set for 1/9/2015 at 9:30 a.m. remains as scheduled. Mailed notice. (pjg, ) (Entered: 12/23/2014)
121 ATTORNEY Appearance for Defendant Candice Jones by Deborah Morgan Beltran (Beltran, Deborah) (Entered: 01/06/2015)
122 MINUTE entry before the Honorable Matthew F. Kennelly: In court hearing held on 1/9/2015. The parties announce that they have resolved disputes. The Department is to provide a revised draft proposal to plaintiff by 2/2/2015. Parties are to meet and confer and file their submission by 2/17/2015. Status hearing set for 2/27/2015 at 10:30 a.m. Mailed notice. (pjg, ) (Entered: 01/09/2015)

Case: 1:12-cv-7289 As of: 05/22/2020 02:17 PM CDT 16 of 29

02/17/2015 02/18/2015 02/25/2015

123 Defendant's Submission of Policies Pursuant to Remedial Plan by Candice Jones (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Dierkes, Michael) (Entered: 02/17/2015)
124 MEMORANDUM other 123 by M. D., D. F., D. G., R. J., B. W. Regarding IDJJ's Revised Confinement and Restraint Policies (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Schwartz, Adam) (Entered: 02/18/2015)
126 TRANSCRIPT OF PROCEEDINGS held on 12/18/14 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Jennifer Dunn, CSR, RMR, CRR, CLVS Real−Time Reporters, Inc. Jennifer@Real−TimeReporters.com 79 West Monroe Street, Suite 1324 Chicago, IL 60603 (312)578−9323.

IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.

02/27/2015
03/23/2015 03/23/2015 03/23/2015 03/23/2015 03/27/2015 04/10/2015 04/20/2015 04/21/2015
04/24/2015 05/06/2015

Redaction Request due 3/18/2015. Redacted Transcript Deadline set for 3/30/2015. Release of Transcript Restriction set for 5/26/2015. (rp, ) (Entered: 03/02/2015)
125 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 2/27/2015. Supplemental submission of policies to be filed by the close of business on 3/23/2015. Status hearing set for 3/27/2015 at 10:30 a.m. Mailed notice. (pjg, ) (Entered: 02/27/2015)
127 Joint Submission of Monitors' Statement STATEMENT by M. D., D. F., D. G., R. J., B. W. Regarding the Draft IDJJ Confinement Policies (Attachments: # 1 Exhibit Statement of the Monitors)(Schwartz, Adam) (Entered: 03/23/2015)
128 SUPPLEMENT to other 123 Plaintiffs' Supplemental Submission Regarding IDJJ's Revised Confinement Policies (Attachments: # 1 Exhibit 1)(Schwartz, Adam) (Entered: 03/23/2015)
129 IDJJ Submission Regarding Usage of Confinement by Candice Jones (Attachments: # 1 Exhibit A)(Dierkes, Michael) (Entered: 03/23/2015)
130 SEALED DOCUMENT by Defendant Candice Jones (Dierkes, Michael) (Entered: 03/23/2015)
131 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 3/27/2015 and continued to 4/21/2015 at 1:30 p.m. Status Report to be filed by 4/20/2015. Mailed notice. (pjg, ) (Entered: 03/27/2015)
132 MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the time for the 4/21/2015 status hearing is advanced to 9:30 a.m. Mailed notice. (pjg, ) (Entered: 04/10/2015)
133 Submission of Policies Pursuant to Remedial Plan by Candice Jones (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Dierkes, Michael) (Entered: 04/20/2015)
134 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 4/21/2015. The Court approves the policies set forth in submission 133 . Draft order to be submitted to Judge Kennelly's proposed order email address. Status hearing set for 7/20/2015 at 9:30 a.m. Mailed notice. (pjg, ) (Entered: 04/22/2015)
135 ORDER APPROVING CERTAIN POLICIES signed by the Honorable Matthew F. Kennelly on 4/24/2015. (mk) (Entered: 04/24/2015)
136 TRANSCRIPT OF PROCEEDINGS held on 2/27/2015 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: JENNIFER DUNN, RMR, CRR Contract Court Reporter 79 West Monroe Street, Suite 1324 Chicago, IL 60603 312−578−9323 jennifer@real−timereporters.com.

Case: 1:12-cv-7289 As of: 05/22/2020 02:17 PM CDT 17 of 29

IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.

05/15/2015 05/15/2015
05/26/2015 05/29/2015

Redaction Request due 5/27/2015. Redacted Transcript Deadline set for 6/8/2015. Release of Transcript Restriction set for 8/4/2015. (rp, ) (Entered: 05/06/2015)
137 MOTION by counsel for Defendant Candice Jones to withdraw as attorney (Beltran, Deborah) (Entered: 05/15/2015)
138 NOTICE of Motion by Deborah Morgan Beltran for presentment of motion to withdraw as attorney 137 before Honorable Matthew F. Kennelly on 5/27/2015 at 09:30 AM. (Beltran, Deborah) (Entered: 05/15/2015)
139 MINUTE entry before the Honorable Matthew F. Kennelly: The motion of Deborah Beltran to withdraw as attorney 137 is granted. (mk) (Entered: 05/26/2015)
140 TRANSCRIPT OF PROCEEDINGS held on 1/9/15 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Laura Brennan, 847−373−5598, lmnbrennan@gmail.com.

IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.

07/10/2015
07/10/2015 07/12/2015
07/13/2015 07/20/2015 09/15/2015 09/15/2015 09/16/2015

Redaction Request due 6/19/2015. Redacted Transcript Deadline set for 6/29/2015. Release of Transcript Restriction set for 8/27/2015. (Brennan, Laura) (Entered: 05/29/2015)
141 MOTION by Plaintiffs M. D., D. F., D. G., R. J., B. W. for order JOINT EMERGENCY MOTION FOR ENTRY OF AGREED ORDER (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3 − proposed order)(Schwartz, Adam) (Entered: 07/10/2015)
142 NOTICE of Motion by Adam D. Schwartz for presentment of motion for order 141 before Honorable Matthew F. Kennelly on 7/14/2015 at 09:30 AM. (Schwartz, Adam) (Entered: 07/10/2015)
143 MINUTE entry before the Honorable Matthew F. Kennelly: The joint emergency motion for entry of an agreed order 141 is granted. Counsel are directed to submit an appropriate form of order, in Word format, following the instructions on Judge Kennelly's web page for submission of electronic orders. (mk) (Entered: 07/12/2015)
144 AGREED ORDER TO MAINTAIN COMPLIANCE WITH CONSENT DECREE signed by the Honorable Matthew F. Kennelly on 7/13/2015. (mk) (Entered: 07/13/2015)
145 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 7/20/2015 and continued to 9/16/2015 at 9:30 AM. Mailed notice. (pjg, ) (Entered: 07/20/2015)
146 ATTORNEY Appearance for Plaintiffs M. D., D. F., D. G., R. J., B. W. by Camille E. Bennett (Bennett, Camille) (Entered: 09/15/2015)
147 DJJ Submission of Policies Pursuant to Remedial Plan by Candice Jones (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Dierkes, Michael) (Entered: 09/15/2015)
148 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 9/16/2015. A joint status report is to be filed by 10/6/2015. Status hearing set for 10/8/2015 at 9:30 a.m. Mailed notice. (pjg, ) (Entered: 09/17/2015)

Case: 1:12-cv-7289 As of: 05/22/2020 02:17 PM CDT 18 of 29

10/06/2015 10/08/2015
10/14/2015 10/27/2015 10/27/2015 10/30/2015 11/03/2015 11/04/2015 11/19/2015 11/23/2015 01/07/2016 02/28/2016 03/08/2016 03/10/2016 05/06/2016 05/10/2016
05/10/2016 06/28/2016 06/28/2016

149 STATUS Report (Joint) by Candice Jones (Dierkes, Michael) (Entered: 10/06/2015)
150 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 10/8/2015. Submission of Policies on 9/15/2015 is approved. Draft order to be submitted to Judge Kennelly's proposed order email address. Status hearing set for 11/19/2015 at 9:30 a.m. Mailed notice. (pjg, ) (Entered: 10/08/2015)
151 ORDER APPROVING CERTAIN POLICIES signed by the Honorable Matthew F. Kennelly on 10/14/2015. (mk) (Entered: 10/14/2015)
152 MOTION by Attorney Adam Schwartz to withdraw as attorney for M. D., D. F., D. G., R. J., B. W.. No party information provided (Schwartz, Adam) (Entered: 10/27/2015)
153 NOTICE of Motion by Adam D. Schwartz for presentment of motion to withdraw as attorney 152 before Honorable Matthew F. Kennelly on 11/4/2015 at 09:30 AM. (Schwartz, Adam) (Entered: 10/27/2015)
154 Joint Submission of Monitoring Reports by Candice Jones (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Dierkes, Michael) (Entered: 10/30/2015)
155 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' motion to withdraw the appearance of Adam Schwartz as attorney 152 is granted. (mk) (Entered: 11/03/2015)
156 Joint Submission of Monitor Report by Candice Jones (Attachments: # 1 Exhibit A)(Dierkes, Michael) (Entered: 11/04/2015)
157 MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the status hearing set for 11/19/2015 is vacated and reset to 11/23/2015 at 9:30 AM. The Court apologizes for the last−minute date change. (mk) (Entered: 11/19/2015)
158 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 11/23/2015 and continued to 1/7/2016 at 9:30 a.m. Mailed notice. (pjg, ) (Entered: 11/23/2015)
159 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 1/7/2016 and continued to 3/1/2016 at 9:30 a.m. Mailed notice. (pjg, ) (Entered: 01/07/2016)
160 MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the status hearing set for 3/1/2016 is vacated and reset to 3/10/2016 at 9:30 AM. A joint status report is to be filed by 3/8/2016. (mk) (Entered: 02/28/2016)
161 STATUS Report (Joint) by M. D., D. F., D. G., R. J., B. W. (Miller, Lindsay) (Entered: 03/08/2016)
162 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 3/10/2016 and continued to 5/10/2016 at 9:30 AM. Mailed notice. (pjg, ) (Entered: 03/10/2016)
163 Joint Submission of Proposed Supplemental Order by Candice Jones (Dierkes, Michael) (Entered: 05/06/2016)
164 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 5/10/2016. Proposed settlement is approved. Draft order to be submitted to Judge Kennelly's proposed order email address. Status hearing set for 8/8/2016 at 9:30 a.m. Mailed notice. (pjg, ) (Entered: 05/10/2016)
165 SUPPLEMENTAL ORDER signed by the Honorable Matthew F. Kennelly on 5/10/2016. (mk) (Entered: 05/10/2016)
166 MOTION by Plaintiff R. J. for order to maintain compliance with consent decree (JOINT, AGREED) (Attachments: # 1 Exhibit 1 − Proposed Agreed Order to Maintain Compliance With Consent Decree)(Bennett, Camille) (Entered: 06/28/2016)
167 (JOINT, AGREED) NOTICE of Motion by Camille E. Bennett for presentment of motion for order 166 before Honorable Matthew F. Kennelly on 6/30/2016 at 09:30 AM. (Bennett, Camille) (Entered: 06/28/2016)

Case: 1:12-cv-7289 As of: 05/22/2020 02:17 PM CDT 19 of 29

06/28/2016 06/28/2016 06/29/2016 06/29/2016 06/29/2016 06/30/2016 06/30/2016 08/08/2016 11/09/2016 11/10/2016
11/17/2016 12/12/2016
12/19/2016
01/20/2017 01/26/2017

168 MOTION by Plaintiff R. J. for attorney fees (THIRD, UNOPPOSED) (Attachments: # 1 Exhibit 1 − Proposed Order Awarding Fees, Costs and Expenses)(Bennett, Camille) (Entered: 06/28/2016)
169 NOTICE of Motion by Camille E. Bennett for presentment of motion for attorney fees 168 before Honorable Matthew F. Kennelly on 6/30/2016 at 09:30 AM. (Bennett, Camille) (Entered: 06/28/2016)
170 [CORRECTED] NOTICE of Motion by Camille E. Bennett for presentment of motion for order 166 before Honorable Matthew F. Kennelly on 6/30/2016 at 01:30 PM. (Bennett, Camille) (Entered: 06/29/2016)
171 [CORRECTED] NOTICE of Motion by Camille E. Bennett for presentment of motion for attorney fees 168 before Honorable Matthew F. Kennelly on 6/30/2016 at 01:30 PM. (Bennett, Camille) (Entered: 06/29/2016)
172 MINUTE entry before the Honorable Rebecca R. Pallmeyer in Judge Kennelly's absence: Joint Motion for Entry of Agreed Order 166 and Plaintiffs' Third Unopposed Motion for Fees, Costs and Expenses 168 are granted. Separate orders to follow. The 6/30/2016 motion hearing is vacated. Mailed notice. (pjg, ) (Entered: 06/29/2016)
173 AGREED ORDER TO MAINTAIN COMPLIANCE WITH CONSENT DECREE Signed by the Honorable Rebecca R. Pallmeyer on 6/30/2016.Mailed notice.(pk, ) (Entered: 07/07/2016)
174 ORDER AWARDING FEES, COSTS AND EXPENSES Signed by the Honorable Rebecca R. Pallmeyer on 6/30/2016. Mailed notice. (pk, ) (Entered: 07/07/2016)
175 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 8/8/2016 and continued to 11/17/2016 at 9:30 a.m. Mailed notice. (pjg, ) (Entered: 08/08/2016)
176 Joint Submission of Monitoring Reports by Candice Jones (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Dierkes, Michael) (Entered: 11/09/2016)
177 MINUTE entry before the Honorable Matthew F. Kennelly: The Court has conducted a preliminary review of the monitoring reports submitted by Dr. Krisberg and Dr. Leone. The status hearing set for 11/17/2016 is vacated and reset to 12/19/2016 at 9:30 AM. By no later than 12/12/2016, the parties are directed to file a status report reviewing the deficiencies and areas for improvement noted in the monitoring reports and describing what, if any, plans are in place or being put in place to remedy them. (mk) (Entered: 11/10/2016)
178 Joint Submission of Monitoring Report by Candice Jones (Attachments: # 1 Exhibit A)(Dierkes, Michael) (Entered: 11/17/2016)
179 STATUS Report As To Issues Identified In 2016 Monitor Reports by Candice Jones (Attachments: # 1 Exhibit Joint Status Report, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L)(Dierkes, Michael) (Entered: 12/12/2016)
180 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 12/19/2016. Defendant is to file a status report detailing its position with respect to compliance and plans for compliance with each requirement of the consent decree, as more fully explained in open court, by 1/20/2017. Plaintiffs response to defendants status report is to be filed by 1/27/2017. A consent decree monitoring meeting to be held at the IYC St. Charles facility is set for 2/3/2017 at 10:00 a.m. The court−appointed monitors are to be present at this meeting. Telephone status hearing is set for 1/31/2017 at 9:00 a.m. Mailed notice. (pjg, ) (Entered: 12/19/2016)
181 STATUS Report Regarding Compliance by Candice Jones (Attachments: # 1 Exhibit A)(Dierkes, Michael) (Entered: 01/20/2017)
182 TRANSCRIPT OF PROCEEDINGS held on December 19, 2016 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, Carolyn_Cox@ilnd.uscourts.gov.

Case: 1:12-cv-7289 As of: 05/22/2020 02:17 PM CDT 20 of 29

IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.

01/27/2017 01/31/2017
02/06/2017 02/08/2017 02/10/2017
02/16/2017 04/17/2017 06/01/2017 06/06/2017 06/08/2017
06/20/2017 06/20/2017 06/29/2017 06/29/2017

Redaction Request due 2/16/2017. Redacted Transcript Deadline set for 2/27/2017. Release of Transcript Restriction set for 4/26/2017. (Cox, Carolyn) (Entered: 01/26/2017)
183 RESPONSE by Plaintiffs M. D., D. F., D. G., R. J., B. W. to Illinois Department of Juvenile Justice Compliance Report (Bennett, Camille) (Entered: 01/27/2017)
184 MINUTE entry before the Honorable Matthew F. Kennelly: Telephone status hearing held with attorneys for both sides. The site visit by the Court will take place as scheduled at IYC St. Charles on 2/3/2017 at 10:00 a.m. Mailed notice. (pjg, ) (Entered: 01/31/2017)
185 MINUTE entry before the Honorable Matthew F. Kennelly: An in−chambers conference is set for 2/13/2017 at 8:30 AM. (mk) (Entered: 02/06/2017)
186 MINUTE entry before the Honorable Matthew F. Kennelly: At the parties' request, the 2/13/2017 in−chambers conference is vacated and advanced to 2/10/2017 at 8:30 a.m. Mailed notice. (pjg, ) (Entered: 02/08/2017)
187 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held in chambers with attorneys for both sides. A draft order regarding reporting requirements is to be submitted to Judge Kennelly's proposed order e−mail address. Mailed notice. (pjg, ) (Entered: 02/10/2017)
188 ORDER REGARDING REPORTING REQUIREMENTS, signed by the Honorable Matthew F. Kennelly on 2/16/2017. (mk) (Entered: 02/16/2017)
189 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 4/17/2017 and continued to 6/8/2017 at 9:00 a.m. Mailed notice. (pjg, ) (Entered: 04/17/2017)
190 STATUS Report Semiannual Joint Status Report (June 2017) by M. D., D. F., D. G., R. J., B. W. (Miller, Lindsay) (Entered: 06/01/2017)
191 MINUTE entry before the Honorable Matthew F. Kennelly: The status hearing set for 6/8/2017 is advanced to 8:15 AM on that date. (mk) (Entered: 06/06/2017)
192 MINUTE entry before the Honorable Matthew F. Kennelly: Rule 16(b) status hearing held on 6/8/2017 with attorneys for both sides. A supplemental status report focused on the child/adolescent psychiatrist and teacher shortage issues is to be filed by 8/11/2017. Status hearing is continued to 8/16/2017 at 9:00 a.m. Mailed notice. (pjg, ) (Entered: 06/08/2017)
193 MOTION by Plaintiffs M. D., D. F., D. G., R. J., B. W. for order Joint Motion for Entry of Agreed Order (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Bennett, Camille) (Entered: 06/20/2017)
194 NOTICE of Motion by Camille E. Bennett for presentment of motion for order 193 before Honorable Matthew F. Kennelly on 6/29/2017 at 09:30 AM. (Bennett, Camille) (Entered: 06/20/2017)
195 AGREED ORDER TO MAINTAIN COMPLIANCE WITH CONSENT DECREE, signed by the Honorable Matthew F. Kennelly on 6/29/2017: Joint motion for entry of agreed order is granted. (mk) (Entered: 06/29/2017)
196 MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held on 6/29/2017. Motion for entry of agreed order 193 is granted in part. Status hearing previously set for 8/16/2017 at 9:00 a.m. shall remain. Due to this previously−set status hearing, the 1/4/2018 date given in court is stricken. Mailed notice. (pjg, ) (Entered: 06/30/2017)

Case: 1:12-cv-7289 As of: 05/22/2020 02:17 PM CDT 21 of 29

07/05/2017 07/05/2017 07/06/2017 07/06/2017 07/17/2017 07/17/2017 07/17/2017 07/17/2017 07/18/2017
07/18/2017 08/01/2017 08/08/2017 08/09/2017
08/11/2017 08/14/2017
08/17/2017

197 NOTICE by Khadine Marie Bennett of Change of Address (Bennett, Khadine) (Entered: 07/05/2017)
198 NOTICE by Camille E. Bennett of Change of Address (Bennett, Camille) (Entered: 07/05/2017)
199 NOTICE by Lindsay Stark Miller of Change of Address (Miller, Lindsay) (Entered: 07/06/2017)
200 NOTICE by Benjamin S. Wolf of Change of Address (Wolf, Benjamin) (Entered: 07/06/2017)
201 MOTION by Plaintiffs M. D., D. F., D. G., R. J., B. W. for leave to file exhibits under seal (Bennett, Camille) (Entered: 07/17/2017)
202 MOTION by Plaintiffs M. D., D. F., D. G., R. J., B. W. to enforce (Attachments: # 1 Exhibit 1 (filed under seal), # 2 Exhibit 2 (filed under seal), # 3 Exhibit 3, # 4 Exhibit 4)(Bennett, Camille) (Entered: 07/17/2017)
203 SEALED EXHIBIT by Plaintiffs M. D., D. F., D. G., R. J., B. W. Exhibits 1 and 2 regarding MOTION by Plaintiffs M. D., D. F., D. G., R. J., B. W. to enforce 202 (Bennett, Camille) (Entered: 07/17/2017)
204 NOTICE of Motion by Camille E. Bennett for presentment of motion for leave to file 201 , motion to enforce 202 before Honorable Matthew F. Kennelly on 7/20/2017 at 09:30 AM. (Bennett, Camille) (Entered: 07/17/2017)
205 MINUTE entry before the Honorable Matthew F. Kennelly: Motion for leave to file exhibits under seal 201 is granted. A complete copy of plaintiffs' filing, including the motion and exhibits, is to be filed under seal so that the Court can download it as a single docket entry, and the required chambers hard copy must likewise be a complete version. Defendant is directed to respond to the motion by no later than 8/1/2017. Plaintiffs may file a reply by no later than 8/8/2017. Ruling is set for 8/16/2017 at 9:30 AM. (mk) (Entered: 07/18/2017)
206 SEALED MOTION by Plaintiffs M. D., D. F., D. G., R. J., B. W. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Bennett, Camille) (Entered: 07/18/2017)
207 RESPONSE by Candice Jonesin Opposition to MOTION by Plaintiffs M. D., D. F., D. G., R. J., B. W. to enforce 202 (Dierkes, Michael) (Entered: 08/01/2017)
208 REPLY by M. D., D. F., D. G., R. J., B. W. to response in opposition to motion 207 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Bennett, Camille) (Entered: 08/08/2017)
209 MINUTE entry before the Honorable Matthew F. Kennelly: The argument and ruling set for 8/16/2017 is advanced, at the Court's instance, to 8/14/2017 at 9:30 AM. Judge Kennelly will be on trial for two weeks starting on 8/15/2017 and wishes to deal with the pending motion in this case before that, if possible. Counsel are advised that the Court is likely to have questions concerning the motion. (mk) (Entered: 08/09/2017)
210 STATUS Report by Candice Jones (Dierkes, Michael) (Entered: 08/11/2017)
211 MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held on 8/14/2017. Motion to enforce 202 is taken under advisement. Plaintiff is directed to negotiate a modification to the consent decree that requires the disclosures of referrals for delinquency or criminal prosecutions. A proposed plan as discussed in open court to be submitted by 8/25/2017. The 8/16/2017 status hearing is vacated. Telephone status hearing, to be initiated by the parties, is set for 8/17/2017 at 8:30 a.m. Mailed notice. (pjg, ) (Entered: 08/14/2017)
212 MINUTE entry before the Honorable Matthew F. Kennelly: Telephone status hearing held with attorneys for both sides. The Court is considering a site visit to IYC Harrisburg on 9/12/2017. The recent status report was also discussed. Telephone status hearing, to be initiated by the parties, is set for 8/22/2017 at 8:45 a.m. Mailed notice. (pjg, ) (Entered: 08/17/2017)

Case: 1:12-cv-7289 As of: 05/22/2020 02:17 PM CDT 22 of 29

08/22/2017 08/25/2017 08/29/2017

213 MINUTE entry before the Honorable Matthew F. Kennelly: Telephone status hearing held on 8/22/2017. The Court confirms that it will do a site visit to IYC Harrisburg on 9/12/2017. Mailed notice. (pjg, ) (Entered: 08/22/2017)
214 DJJ's Plan to Address Youth Prosecutions in Saline County by Candice Jones (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Dierkes, Michael) (Entered: 08/25/2017)
215 TRANSCRIPT OF PROCEEDINGS held on August 14, 2017 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, Carolyn_Cox@ilnd.uscourts.gov.

IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.

09/13/2017
09/18/2017 09/19/2017
09/22/2017 09/25/2017
09/27/2017 10/06/2017 10/31/2017 11/02/2017

Redaction Request due 9/19/2017. Redacted Transcript Deadline set for 9/29/2017. Release of Transcript Restriction set for 11/27/2017. (Cox, Carolyn) (Entered: 08/29/2017)
216 MINUTE entry before the Honorable Matthew F. Kennelly: The case is set for a conference in chambers (Room 2188) on 9/19/2017 at 8:30 AM to discuss further proceedings on plaintiffs' motion to enforce and the DJJ's proposed plan (dkt. no. 214). Plaintiffs are directed to file a response to the proposed plan by the close of business on 9/18/2017. (mk) (Entered: 09/13/2017)
217 RESPONSE by Plaintiffs M. D., D. F., D. G., R. J., B. W. to other, 214 Plaintiffs' Response to DJJ's Plan to Address Youth Prosecutions in Saline County (Bennett, Camille) (Entered: 09/18/2017)
218 MINUTE entry before the Honorable Matthew F. Kennelly: Rule 16(b) status hearing held on 9/19/2017 with attorneys for both sides. Telephone status hearing, to be initiated by the parties, is set for 9/25/2017 at 8:45 a.m. Plaintiffs are to file by 9/22/2017 a statement regarding whether they wish to pursue to prohibitory relief sought in their motion to enforce. Mailed notice. (pjg, ) (Entered: 09/19/2017)
219 STATEMENT by M. D., D. F., D. G., R. J., B. W. on Request for Prohibitory Relief (Bennett, Camille) (Entered: 09/22/2017)
220 MINUTE entry before the Honorable Matthew F. Kennelly: Rule 16(b) status hearing held on 9/25/2017 with attorneys for both sides. Proposal on consent decree modifications concerning notice of referral of youth for prosecuting is to be submitted by 11/6/2017. A further joint or separate filings regarding DJJ's "plan to address youth prosecutions" [dkt. 214] is to be filed by 10/31/2017. Motion to enforce 206 is withdrawn without prejudice as stated in plaintiff's statement on prohibitory relief 219 . Status hearing is set for 11/2/2017 at 9:30 a.m. This will be an in−person status hearing. Mailed notice. (pjg, ) (Entered: 09/25/2017)
221 MINUTE entry before the Honorable Matthew F. Kennelly: Motion to enforce 202 is terminated. (mk) (Entered: 09/27/2017)
222 NOTICE by All Plaintiffs of Filing Parties' Proposed Amendment to Consent Decree (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Bennett, Camille) (Entered: 10/06/2017)
223 DJJ's Updated Plan to Address Youth Prosecutions in Saline County by Candice Jones (Dierkes, Michael) (Entered: 10/31/2017)
224 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 11/2/2017. A Word version of the proposed amendment to consent decree and a draft order compelling compliance with the updated plan to be submitted to Judge Kennelly's proposed order email address. The deadline for all expert reports is extended to 12/7/2017. The deadline for the joint status report is extended to 1/19/2018. Status hearing set for 1/29/2018 at 9:30 a.m. Mailed notice. (pjg, ) (Entered: 11/02/2017)

Case: 1:12-cv-7289 As of: 05/22/2020 02:17 PM CDT 23 of 29

12/07/2017 12/13/2017 12/13/2017 01/24/2018 01/26/2018 01/29/2018
02/20/2018 02/23/2018
03/30/2018 04/18/2018
06/13/2018 06/13/2018 06/15/2018 06/15/2018 06/25/2018
07/24/2018 07/25/2018

225 Joint Submission of Monitoring Reports by Candice Jones (Attachments: # 1 Exhibit A (Dedel Report), # 2 Exhibit B (Leone Report))(Dierkes, Michael) (Entered: 12/07/2017)
226 ORDER REGARDING PLAN TO ADDRESS YOUTH PROSECUTIONS, signed by the Honorable Matthew F. Kennelly on 12/13/2017. (mk) (Entered: 12/13/2017)
227 AMENDED CONSENT DECREE, signed by the Honorable Matthew F. Kennelly on 12/13/2017. (mk) (Entered: 12/13/2017)
228 STATUS Report (Joint) As to Issues Identified in 2017 Monitor Reports by Candice Jones (Attachments: # 1 Exhibit A)(Dierkes, Michael) (Entered: 01/24/2018)
229 Compliance Report of Mental Health Monitor Louis J. Kraus M.D. by Candice Jones (Dierkes, Michael) (Entered: 01/26/2018)
230 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 1/29/2018. Joint report from the monitors detailing pressing problems and solutions as stated in open court to be filed by 2/20/2018. Telephone status hearing, to be initiated by the parties, is set for 2/23/2018 at 8:45 a.m. Mailed notice. (pjg, ) (Entered: 01/29/2018)
231 Monitors' Joint Report on Priority Issues Hindering DJJ's Compliance with Remedial Plan by M. D., D. F., D. G., R. J., B. W. (Bennett, Camille) (Entered: 02/20/2018)
232 MINUTE entry before the Honorable Matthew F. Kennelly: Rule 16(b) status hearing held on 2/23/2018 with attorneys for both sides. An in−person conference, to include the court−appointed monitors, is set for 4/18/2018 at 1:00 p.m. A joint status report commenting on the monitors' priority issues report and identifying proposed next steps is to be filed by 3/30/2018. Mailed notice. (pjg, ) (Entered: 02/23/2018)
233 Parties' Joint Status Report As To Priority Issues Identified By The Monitors by Candice Jones (Dierkes, Michael) (Entered: 03/30/2018)
234 MINUTE entry before the Honorable Matthew F. Kennelly: Conference held with counsel for both sides, Director Mueller, and court−appointed monitors. Priority items were identified. A joint progress report is to be filed by 6/15/2018. A further conference with counsel is set for 6/25/2018 at 12:00 PM. Mailed notice. (pjg, ) (Entered: 04/20/2018)
235 STATUS Report of Safety & Welfare Monitor on DJJ's Updated Plan to Address Youth Prosecutions in Saline County by Candice Jones (Dierkes, Michael) (Entered: 06/13/2018)
236 ATTORNEY Appearance for Plaintiffs M. D., D. F., D. G., R. J., B. W. by Allyson M. Bain (Bain, Allyson) (Entered: 06/13/2018)
237 STATUS Report − Parties' Joint Progress Report as to Priority Items Identified by Candice Jones (Dierkes, Michael) (Entered: 06/15/2018)
238 EXHIBIT by Defendant Candice Jones regarding status report 237 (Dierkes, Michael) (Entered: 06/15/2018)
239 MINUTE entry before the Honorable Matthew F. Kennelly: Conference with counsel held on 6/25/2018. All items in the joint progress report were reviewed and discussed. The Mental Health Monitor is directed to make a selection of a consultant (as described in section I.1 of the joint progress report) by no later than 7/20/2018 so that the consultant can weigh in on the other matters addressed in the joint progress report that are happening over the course of the summer and early fall. The parties' semi−annual progress report is to be filed by 7/25/2018. The case is set for a further status hearing on 8/6/2018 at 9:30 AM. (mk) (Entered: 06/25/2018)
240 MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the status hearing set for 8/6/2018 is vacated and reset to 8/7/2018 at 7:30 AM. (mk) (Entered: 07/24/2018)
241 STATUS Report (Joint) by Candice Jones (Attachments: # 1 Exhibit A)(Dierkes, Michael) (Entered: 07/25/2018)

Case: 1:12-cv-7289 As of: 05/22/2020 02:17 PM CDT 24 of 29

08/07/2018 08/07/2018 08/08/2018 11/02/2018 11/07/2018 11/07/2018 11/08/2018
11/14/2018 12/21/2018
12/21/2018 12/21/2018 01/07/2019 01/08/2019 01/15/2019 01/15/2019 01/15/2019 01/15/2019

242 MINUTE entry 240 before the Honorable Matthew F. Kennelly contained an error and is corrected as follows: At the Court's instance, the status hearing set for 8/6/2018 is vacated and reset to 8/7/2018 at 9:30 AM. (pjg, ) (Entered: 08/07/2018)
243 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 8/8/2018 and continued to 11/8/2018 at 9:00 AM. Mailed notice. (pjg, ) Modified on 8/8/2018 (pjg, ). (Entered: 08/08/2018)
244 MINUTE entry 243 before the Honorable Matthew F. Kennelly contained an error and is corrected as follows: Status hearing held on 8/7/2018 and continued to 11/8/2018 at 9:00 AM. Mailed notice. (pjg, ) (Entered: 08/08/2018)
245 Joint Submission of Monitoring Report by M. D., D. F., D. G., R. J., B. W. (Attachments: # 1 Exhibit A (Dedel report))(Miller, Lindsay) (Entered: 11/02/2018)
246 MOTION by Plaintiffs M. D., D. F., D. G., R. J., B. W. to enforce certain mental health provisions (Bennett, Camille) (Entered: 11/07/2018)
247 NOTICE of Motion by Camille E. Bennett for presentment of motion to enforce 246 before Honorable Matthew F. Kennelly on 11/13/2018 at 09:30 AM. (Bennett, Camille) (Entered: 11/07/2018)
248 MINUTE entry before the Honorable Matthew F. Kennelly: Rule 16(b) status hearing held on 11/8/2018 with attorneys for both sides. Hearing date of 11/13/2018 is vacated. Response to motion to enforce 246 is to be filed by 12/21/2018; reply is to be filed by 1/15/2019. Ruling and status hearing set for 1/22/2019 at 9:30 a.m. Dr. Kraus and Dr. Leone must submit their reports by no later than 11/14/2018. No further extensions will be permitted. Parties' comments on monitors' reports / semi−annual reports are to be filed by 1/8/2019. Mailed notice. (pjg, ) (Entered: 11/08/2018)
249 Joint Submission of Monitoring Report by M. D., D. F., D. G., R. J., B. W. (Attachments: # 1 Exhibit A (report of Peter Leone, Ph.D.))(Miller, Lindsay) (Entered: 11/14/2018)
250 RESPONSE by Candice Jonesin Opposition to MOTION by Plaintiffs M. D., D. F., D. G., R. J., B. W. to enforce certain mental health provisions 246 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Dierkes, Michael) (Entered: 12/21/2018)
251 MOTION by Plaintiffs M. D., D. F., D. G., R. J., B. W. for leave to file instanter 2018 Mental Health Monitor Report (Attachments: # 1 Exhibit 1 (Report of Louis J. Kraus, MD))(Bennett, Camille) (Entered: 12/21/2018)
252 NOTICE of Motion by Camille E. Bennett for presentment of motion for leave to file 251 before Honorable Matthew F. Kennelly on 1/8/2019 at 09:30 AM. (Bennett, Camille) (Entered: 12/21/2018)
253 MINUTE entry before the Honorable Matthew F. Kennelly: Motion for leave to file report instanter 251 is granted. (mk) (Entered: 01/07/2019)
254 STATUS Report Joint Status Report as to Issues Identified in 2018 Monitor Reports by M. D., D. F., D. G., R. J., B. W. (Attachments: # 1 Exhibit 1)(Bennett, Camille) (Entered: 01/08/2019)
255 MOTION by Plaintiffs M. D., D. F., D. G., R. J., B. W. for leave to file exhibit under seal (Bennett, Camille) (Entered: 01/15/2019)
256 NOTICE of Motion by Camille E. Bennett for presentment of motion for leave to file 255 before Honorable Matthew F. Kennelly on 1/22/2019 at 09:30 AM. (Bennett, Camille) (Entered: 01/15/2019)
257 REPLY by Plaintiffs M. D., D. F., D. G., R. J., B. W. to motion to enforce 246 certain mental health provisions (Attachments: # 1 Exhibit 1 (Filed under seal))(Bennett, Camille) (Entered: 01/15/2019)
258 SEALED DOCUMENT by Plaintiffs M. D., D. F., D. G., R. J., B. W. Sealed Exhibit to Reply in Support of Motion to Enforce (Bennett, Camille) (Entered: 01/15/2019)

Case: 1:12-cv-7289 As of: 05/22/2020 02:17 PM CDT 25 of 29

01/18/2019 01/28/2019 01/29/2019 02/11/2019
02/15/2019 02/19/2019 03/04/2019 03/05/2019 03/06/2019 03/07/2019 03/28/2019 04/12/2019 04/15/2019 04/18/2019

259 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' motion for leave to file exhibit under seal 255 is granted. At the request of defense counsel, the ruling and status hearing date of 1/.22/2019 is vacated and reset to 1/30/2019 at 9:30 AM. (mk) (Entered: 01/18/2019)
260 MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the status hearing and ruling date of 1/20/2019 is vacated and reset to 2/11/2019 at 9:30 AM. (mk) (Entered: 01/28/2019)
261 MINUTE entry 260 before the Honorable Matthew F. Kennelly contained an error and is corrected as follows: At the Court's instance, the status hearing and ruling date of 1/30/2019 is vacated and reset to 2/11/2019 at 9:30 AM. Mailed notice. (pjg, ) (Entered: 01/29/2019)
262 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 2/11/2019. Motion to enforce 246 is entered and continued. The Court makes interim findings as stated on the record. The parties are directed to confer and furnish appropriate revised language for the remedial plan as it relates to psychiatric hospitalization so that it fully carries out the pertinent provisions of the consent decree. A joint status report on this question, which may be filed under seal if considered necessary by the parties, is to be filed by 2/18/2019 with a description of the details of discussions with psychiatric institutions regarding placement of youth in IDJJ custody who require psychiatric hospitalization. In addition, a plan that complies with the consent decree for appropriate arrangements for youth that have acute mental health needs short of hospitalization is to be put in place by 4/29/2019. Joint status report regarding matters addressed in court (other than the matters for the status report that is due by 2/18/19) is to be filed by 3/4/2019 and may be filed under seal if considered necessary by the parties. Status hearing set for 3/7/2019 at 9:30 a.m. Mailed notice. (pjg, ) (Entered: 02/12/2019)
263 MINUTE entry before the Honorable Matthew F. Kennelly: At the parties' request, the deadline for the 2/18/2019 joint status report is extended to 2/19/2019 due to 2/18/2019 being a holiday. (pjg, ) (Entered: 02/15/2019)
264 STATUS Report (joint) regarding psychiatric hospitalization by Candice Jones (Dierkes, Michael) (Entered: 02/19/2019)
265 STATUS Report regarding psychiatric hospitalization by Candice Jones (Dierkes, Michael) (Entered: 03/04/2019)
266 RESPONSE by Plaintiffs M. D., D. F., D. G., R. J., B. W. to status report 265 regarding psychiatric hospitalization (Attachments: # 1 Exhibit 1)(Bennett, Camille) (Entered: 03/05/2019)
267 STATUS Report regarding psychiatric hospitalization (supplemental) by Candice Jones (Attachments: # 1 Exhibit A)(Dierkes, Michael) (Entered: 03/06/2019)
268 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 3/7/2019. Parties are directed to file a revised remedial plan. Joint status report is to be filed by 4/12/2019. Status hearing set for 4/17/2019 at 9:30 a.m. Mailed notice. (pjg, ) (Entered: 03/07/2019)
269 AMENDED REMEDIAL PLAN, signed by the Honorable Matthew F. Kennelly on 3/28/2019. (mk) (Entered: 03/28/2019)
270 STATUS Report (Joint) Regarding Psychiatric Hospitalization by M. D., D. F., D. G., R. J., B. W. (Bennett, Camille) (Entered: 04/12/2019)
271 MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, due to its unavailability on the morning of 4/17/2018, the status hearing set for that date is vacated and reset to 4/18/2019 at 9:30 AM. (mk) (Entered: 04/15/2019)
272 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 4/18/2019. Deadline for defendant's plan on psychiatric hospitalization and residential treatment units is extended to 5/6/2019, with comments by 5/13/2019. Status hearing set for 5/22/2019 at 9:30 a.m. Mailed notice. (pjg, ) (Entered: 04/18/2019)

Case: 1:12-cv-7289 As of: 05/22/2020 02:17 PM CDT 26 of 29

04/22/2019 04/29/2019

273 NOTICE by All Plaintiffs Joint notice of filing of Safety & Welfare Monitor's Second Report on DJJ's Plan to Address Youth Prosecutions (Attachments: # 1 Exhibit A (Dedel report))(Bennett, Camille) (Entered: 04/22/2019)
274 TRANSCRIPT OF PROCEEDINGS held on February 11, 2019 before the Honorable Matthew F. Kennelly. Order Number: 33664. Court Reporter Contact Information: Carolyn Cox, Carolyn_Cox@ilnd.uscourts.gov.

IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.

05/06/2019 05/13/2019 05/14/2019
05/17/2019 05/17/2019 05/20/2019 05/20/2019
05/29/2019
06/13/2019 06/13/2019 06/16/2019 06/18/2019

Redaction Request due 5/20/2019. Redacted Transcript Deadline set for 5/30/2019. Release of Transcript Restriction set for 7/29/2019. (Cox, Carolyn) (Entered: 04/29/2019)
275 DJJ's Plan to Address Youth Psychiatric Hospitalization and Residential Mental Health Treatment by Candice Jones (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Dierkes, Michael) (Entered: 05/06/2019)
276 RESPONSE by Plaintiffs M. D., D. F., D. G., R. J., B. W. to other 275 (Submission in response to DJJ's plan to address youth psychiatric hospitalization and residential mental health treatment) (Bennett, Camille) (Entered: 05/13/2019)
277 MINUTE entry before the Honorable Matthew F. Kennelly: Defendant's request to reset status hearing is granted without objection. Status hearing reset to 5/20/2019 at 9:30 a.m. by agreement of the parties. Status hearing set for 5/22/2019 is vacated. Mailed notice (mw, ) (Entered: 05/14/2019)
278 MOTION by Plaintiffs M. D., D. F., D. G., R. J., B. W. for appointment of additional counsel for the special education subclass (unopposed) (Bennett, Camille) (Entered: 05/17/2019)
279 NOTICE of Motion by Camille E. Bennett for presentment of motion for miscellaneous relief 278 before Honorable Matthew F. Kennelly on 5/20/2019 at 09:30 AM. (Bennett, Camille) (Entered: 05/17/2019)
280 SEALED DOCUMENT by Defendant Candice Jones (Dierkes, Michael) (Entered: 05/20/2019)
281 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing and motion hearing held on 5/20/2019. Amended motion 278 to be filed under seal, with a copy to current counsel for plaintiffs, by 12:00 p.m. today. Status hearing is continued to 5/29/2019 at 9:30 a.m. Mailed notice. (pjg, ) (Entered: 05/20/2019)
282 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 5/29/2019. Proposed order approving the plan, policies and procedures is to be submitted to Judge Kennelly's proposed order email address. The deadline for semiannual reports is extended to 7/12/2019. Status hearing set for 7/22/2019 at 9:30 a.m. Mailed notice. (pjg, ) (Entered: 05/29/2019)
283 MOTION by Plaintiffs M. D., D. F., D. G., R. J., B. W. for appointment of additional subclass counsel (AMENDED) (Attachments: # 1 Exhibit 1 − Declaration of Olga Pribyl)(Bennett, Camille) (Entered: 06/13/2019)
284 NOTICE of Motion by Camille E. Bennett for presentment of motion for miscellaneous relief 283 before Honorable Matthew F. Kennelly on 6/18/2019 at 09:30 AM. (Bennett, Camille) (Entered: 06/13/2019)
285 ORDER APPROVING CERTAIN POLICIES, signed by the Honorable Matthew F. Kennelly on 6/16/2019. (mk) (Entered: 06/16/2019)
286 MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held on 6/18/2019. Motion by plaintiffs M. D., D. F., D. G., R. J., B. W. for appointment of additional counsel for the special education subclass 278 is terminated. Amended

Case: 1:12-cv-7289 As of: 05/22/2020 02:17 PM CDT 27 of 29

06/19/2019 06/19/2019 07/12/2019 07/22/2019 08/01/2019 08/06/2019 08/13/2019
10/31/2019 11/14/2019 11/20/2019 11/20/2019 11/25/2019
11/27/2019 12/02/2019 12/02/2019 12/02/2019 12/03/2019

motion by plaintiffs M. D., D. F., D. G., R. J., B. W. for appointment of additional counsel for the special education subclass is granted with caveat stated in open court. Joint status report on special education issues to be filed by 8/6/2019. The 7/22/2019 status hearing is vacated and reset for 8/13/2019 at 9:30 a.m. Mailed notice. (pjg, ) (Entered: 06/18/2019)
287 ATTORNEY Appearance for Plaintiffs M. D., D. F., D. G., R. J., B. W. by Olga Frances Pribyl (Pribyl, Olga) (Entered: 06/19/2019)
288 ATTORNEY Appearance for Plaintiffs M. D., D. F., D. G., R. J., B. W. by Rachel L. Shapiro (Shapiro, Rachel) (Entered: 06/19/2019)
289 MINUTE entry before the Honorable Matthew F. Kennelly: At the parties' request, the 7/12/2019 deadline for semiannual reports is extended to 7/22/2019. Mailed notice. (pjg, ) (Entered: 07/12/2019)
290 STATUS Report (Parties' joint semi−annual status report as to compliance) by M. D., D. F., D. G., R. J., B. W. (Bennett, Camille) (Entered: 07/22/2019)
291 MINUTE entry before the Honorable Matthew F. Kennelly: Motion to enforce 246 is terminated as a pending motion. (mk) (Entered: 08/01/2019)
292 STATUS Report Regarding Special Education by M. D., D. F., D. G., R. J., B. W. (Pribyl, Olga) (Entered: 08/06/2019)
293 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held. The deadline for all monitors' reports is 10/31/2019. By 11/14/2019 the parties shall file a compliance chart with an executive summary. Status hearing is set for 11/25/2019 at 9:30 a.m. By 11/21/2019 the parties shall file a report with a plan on the conclusion of this case. The appearance of Lindsay Stark Miller is withdrawn. Mailed notice (ags, ) (Entered: 08/13/2019)
294 Joint Submission of Monitoring Reports by M. D., D. F., D. G., R. J., B. W. (Attachments: # 1 Exhibit 1 (Dedel report), # 2 Exhibit 2 (Kraus and Morris report), # 3 Exhibit 3 (Leone report))(Bennett, Camille) (Entered: 10/31/2019)
295 STATUS Report Joint Status Report Regarding Compliance by M. D., D. F., D. G., R. J., B. W. (Attachments: # 1 Exhibit A)(Bennett, Camille) (Entered: 11/14/2019)
296 MOTION by Defendant Candice Jones for extension of time (JOINT) (Dierkes, Michael) (Entered: 11/20/2019)
297 NOTICE of Motion by Michael T. Dierkes for presentment of extension of time 296 before Honorable Matthew F. Kennelly on 11/26/2019 at 09:30 AM. (Dierkes, Michael) (Entered: 11/20/2019)
298 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 11/25/2019. Defendant's motion for an extension of time 296 is granted. The due date for the compliance report is extended to 11/27/2019. The hearing date of 11/26/2019 for the motion for an extension of time is vacated. Status hearing is set for 12/3/2019 at 9:30 a.m. Mailed notice. (mma, ) (Entered: 11/25/2019)
299 STATUS Report (Joint) Regarding Issues Identified in 2019 Monitor Reports and Progress to Compliance by Candice Jones (Attachments: # 1 Exhibit 1)(Dierkes, Michael) (Entered: 11/27/2019)
300 MOTION by Plaintiffs M. D., D. F., D. G., R. J., B. W. for leave to file motion and exhibits under seal (Attachments: # 1 Exhibit A (to be filed under seal))(Bennett, Camille) (Entered: 12/02/2019)
301 SEALED DOCUMENT by Plaintiffs M. D., D. F., D. G., R. J., B. W. Sealed Motion and Exhibits (Bennett, Camille) (Entered: 12/02/2019)
302 NOTICE of Motion by Camille E. Bennett for presentment of motion for leave to file 300 before Honorable Matthew F. Kennelly on 12/3/2019 at 09:30 AM. (Bennett, Camille) (Entered: 12/02/2019)
303 MINUTE entry before the Honorable Matthew F. Kennelly: Status and motion hearing held on 12/3/2019. Plaintiff's motion for leave to file 300 is granted. Defendant's

Case: 1:12-cv-7289 As of: 05/22/2020 02:17 PM CDT 28 of 29

12/20/2019 12/31/2019
01/31/2020 01/31/2020 01/31/2020 01/31/2020 02/04/2020
02/07/2020 02/07/2020 02/11/2020 02/12/2020
02/28/2020 03/06/2020 03/13/2020

response to plaintiff's motion for an order directing a plan for IYC−St. Charles is due 12/20/2019. Status hearing is set for 1/6/2020 at 9:30 a.m. Mailed notice. (mma, ) (Entered: 12/03/2019)
304 RESPONSE by Defendant Candice Jones to sealed document 301 motion for an order directing a plan for IYC−St. Charles (Dierkes, Michael) (Entered: 12/20/2019)
305 MINUTE entry before the Honorable Matthew F. Kennelly: Based on defendants' response to plaintiffs' (sealed) motion for an order directing a plan for IYC St. Charles, plaintiffs' motion 301 is granted to the extent it requested an order directing defendants to "develop a plan in consultation with the Monitors to bring IYC St. Charles into compliance with the requirements of the Consent Decree and Remedial Plan, including supervision by the expert Monitors to determine whether the plan is meeting its goals." Defendants are given to 2/28/2020, as they have requested, to submit their proposed plan to the Court and should not expect an extension of this date. Based on this order, the status hearing set for 1/6/2020 is vacated and reset to 3/9/2020 at 9:30 AM. (mk) (Entered: 12/31/2019)
306 MOTION by Plaintiffs M. D., D. F., D. G., R. J., B. W. for leave to file Unredacted Motion and Exhibits Under Seal (Attachments: # 1 Exhibit A (to be filed under seal))(Bennett, Camille) (Entered: 01/31/2020)
307 SEALED DOCUMENT by Plaintiffs M. D., D. F., D. G., R. J., B. W. Sealed Motion and Exhibits (Bennett, Camille) (Entered: 01/31/2020)
308 MOTION by Plaintiffs M. D., D. F., D. G., R. J., B. W. to enforce staffing requirements (REDACTED) (Bennett, Camille) (Entered: 01/31/2020)
309 NOTICE of Motion by Camille E. Bennett for presentment of motion to enforce 308 , motion for leave to file 306 before Honorable Matthew F. Kennelly on 2/5/2020 at 09:30 AM. (Bennett, Camille) (Entered: 01/31/2020)
310 MINUTE entry before the Honorable Matthew F. Kennelly: Motion for leave to file unredacted motion and exhibits under seal 306 is granted, Motion to enforce staffing requirements is taken under advisement. Response to motion is to be filed by 2/21/2020; reply to response is to be filed by 3/6/2020. Argument (if deemed necessary by the Court) and, potentially, ruling are set for before 3/9/2020 at 9:30 AM. (mk) (Entered: 02/04/2020)
311 MOTION by Defendant Candice Jones for extension of time (UNOPPOSED) (Dierkes, Michael) (Entered: 02/07/2020)
312 NOTICE of Motion by Michael T. Dierkes for presentment of extension of time 311 before Honorable Matthew F. Kennelly on 2/13/2020 at 09:30 AM. (Dierkes, Michael) (Entered: 02/07/2020)
313 ATTORNEY Appearance for Defendant Candice Jones by Amanda Leigh Kozar (Kozar, Amanda) (Entered: 02/11/2020)
314 MINUTE entry before the Honorable Matthew F. Kennelly: Unopposed motion for extension of time 311 is granted. The deadline for defendants to respond to plaintiffs' motion to enforce staffing requirements is extended to 3/13/2020. This deadline will not be extended again. The deadline for plaintiffs' reply is extended to 3/27/2020. Argument (if deemed necessary by the Court) and ruling date is reset to 4/13/2020 at 9:30 AM. (mk) (Entered: 02/12/2020)
315 NOTICE by Candice Jones (Attachments: # 1 Exhibit DJJ's Plan to Address Compliance at Illinois Youth Center St. Charles)(Dierkes, Michael) (Entered: 02/28/2020)
316 MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the status hearing set for 3/9/2020 is vacated and reset to 4/13/2020 at 9:30 AM. (mk) (Entered: 03/06/2020)
317 RESPONSE by Candice Jonesin Opposition to MOTION by Plaintiffs M. D., D. F., D. G., R. J., B. W. to enforce staffing requirements (REDACTED) 308 (Kozar, Amanda) (Entered: 03/13/2020)

Case: 1:12-cv-7289 As of: 05/22/2020 02:17 PM CDT 29 of 29

03/30/2020
04/09/2020 04/10/2020 04/30/2020 05/11/2020

318 MINUTE entry before the Honorable Matthew F. Kennelly: By operation of General Order 20−0012, as amended, the 3/27/2020 deadline for plaintiffs' reply on their motion to enforce staffing requirements was reset to 4/17/2020. The Court directs that this will remain the deadline for plaintiffs' reply irrespective of any further amendments to General Order 20−0012 or any similar general order entered hereafter. The ruling and status hearing set for 4/13/2020 is reset to 5/14/2020 at 9:30 AM. (mk) (Entered: 03/30/2020)
319 MOTION by Plaintiffs M. D., D. F., D. G., R. J., B. W. for extension of time to file response/reply as to motion to enforce 308 (Bennett, Camille) (Entered: 04/09/2020)
320 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' motion for extension of time 319 is granted. The due date for plaintiffs' reply is extended to 4/30/2020 (again, this will be unaffected by any general orders similar to General Order 20−0012 entered hereafter). (mk) (Entered: 04/10/2020)
321 REPLY by M. D., D. F., D. G., R. J., B. W. to MOTION by Plaintiffs M. D., D. F., D. G., R. J., B. W. to enforce staffing requirements (REDACTED) 308 (Bain, Allyson) (Entered: 04/30/2020)
322 MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the status and ruling date of 5/14/2020 is vacated and reset to 6/24/2020 at09:30 AM. (mk) (Entered: 05/11/2020)

 
 New IDJJ policies that prohibit juvenile solitary confinement
ACLU of Illinois summary of April 2015
On April 24, 2015, the U.S. District Court in Chicago approved new policies of the Illinois Department of Juvenile Justice that prohibit solitary confinement of juveniles, and tightly limit and regulate any separation of youths from the general population for safety reasons. This order is part of a civil rights class action lawsuit brought by the ACLU of Illinois regarding IDJJ conditions and services. See R.J. v. Jones, No. 12-cv-7289 (N.D. Ill.), at Dkt. #135 (order of 4/24/15). The new rules are principally set forth in the section of the IDJJ administrative code regarding “confinement procedures.” Dkt. #133-2, at Sections 2504.210 through -.290, on pp. 12-23 (new policies filed 4/20/15). Additional rules are provided in the IDJJ’s administrative directive on “emergency mental health services.” Dkt. #133-5, at Part II(F)(4) on pp. 7-11.
Specifically, the new IDJJ policies (a) closely limit and regulate six forms of authorized confinement, (b) prohibit all other forms of confinement, (c) require enumerated safeguards for all confined youths, and (d) require supervisory oversight of all confinement. Moreover, the IDJJ has agreed, by the end of May 2015, to seek the Court’s approval of an additional policy that expressly requires IDJJ staff to make every effort to avoid any kind of confinement, and when possible to first attempt less restrictive techniques.
A. Limits on six authorized forms of confinement.
1. Confinement status.
Standard to initiate. When a youth “[i] exhibits or threatens violent, aggressive, or uncontrolled behavior and [ii] poses a serious threat to his or her own safety, the safety of others, or the security of the facility.” Dkt. #133-2 at § 240(a).
Time limit. Twenty-four hours, or when the youth “regains self-control,” whichever is sooner. Id. at § 240(b).
Location. The facility’s confinement unit, or another area designated by the facility’s superintendent. Id. at § 240(a).
1

Oversight. Every hour, a supervisor must meet the youth to assess whether they have regained self-control. Id. at § 240(c) on p. 8. At the fourth hour, and every two hours after that, a mental health professional (if one is present) or other staff trained in crisis response (if one is not) must meet the youth, to assist them in regaining self-control and to assess whether they immediately need additional mental health services. Id. at § 240(d).
Mental health follow-up. Within 24 hours after confinement began, the youth must be referred to a mental health professional (“MHP”) to determine whether additional treatment services are needed. Id. at § 240(e).
2. Crisis confinement.
Standard to initiate. A youth may be placed on “crisis status” when they “exhibit behavior suggestive of acute mental or emotional disorder or suicidal ideation.” Dkt. #133-2 at § 210 on p. 4. A youth on crisis status may be removed from their regular housing only when doing so is “required” for “mental health treatment or observation,” as determined by an MHP or other staff trained in crisis response. Id. at § 280(a) on p. 10. If there is “no present risk” of harm, only an MHP may restrict “movement and access to programs and services,” based on a finding of “mental health need.” Id. at § 280(d).
Initial review by a licensed MHP. A licensed MHP must promptly and personally assess youths in crisis confinement, and decide “whether to continue the confinement,” and also whether to provide more treatment services. If a licensed MHP is on grounds, this assessment must occur within one hour. If a licensed MHP is not on grounds, then (i) the on-call licensed MHP must be notified within one hour, and (ii) the licensed MHP must conduct this assessment within one hour of their arrival on site, and no more than 24 hours after confinement began. Youth must be removed from confinement if a licensed MHP decides it should not continue. Id.at § 280(a).
Three-day review by a licensed MHP. If a youth is in crisis confinement for three days, the facility’s Treatment Unit Administrator (“TUA”) must evaluate them and decide whether to seek community psychiatric hospitalization. The TUA must do so in consultation with a licensed psychiatrist and the IDJJ’s Chief of Mental Health. (Under the remedial plan, the TUA must have a Ph.D. or Psy.D., plus appropriate licensure. Dkt. #73 at § II-3.) These decisions must be documented. The IDJJ’s mental health leadership must be immediately notified, and must on a quarterly basis conduct a quality assurance review of these decisions. If hospitalization is not sought, then within 24 hours a multi-disciplinary team, including a psychiatrist, must create a specific treatment plain likely to end the crisis, and that plan must be implemented immediately. Dkt. #133-5 (draft IDJJ policy on mental health crisis services) at § II(F)(4).
Other mental health safeguards. As set forth below, enumerated safeguards apply to all forms of confinement, including crisis confinement. These include: safety checks every five to fifteen minutes, depending on the level of risk; a daily interview by an MHP, in consultation with a licensed MHP; and continuation of a youth’s ordinary mental health services. See generally infra Part I(C)(1), discussing: Dkt. #133-2 at § 230(d) & (k); and Dkt. #133-5 at § II(E), § II(F)(3)(b)(2)(c), § II(F)(3)(c)(2)(a), & § II(F)(3)(d)(4)(a).
2

Location. Placement in the confinement unit is allowed only if an MHP determines that doing so is “necessary to prevent physical harm to self or others and a less restrictive area is not available or sufficient.” Dkt. #133-2 at § 220(a)(5). Crisis status youths in the confinement unit must be sight and sound separated from other youths, when feasible given the physical layout and youths present. Id. at § 220(a)(5)(C). An MHP shall review the necessity of such placement every 24 hours. Id. at § 220(a)(5)(A). Such placement must end when the risk ends or when a less restrictive area becomes available. Id. at § 220(a)(5)(A). Alternatively, the location for crisis confinement may be another area designated by the facility’s superintendent. Id. at § 280(a).
3. Behavioral hold.
Standard to initiate. Violation of a rule, disobedience of staff, or other disruptive behavior. Dkt. #133-2 at § 270(a). Youths must be informed of what behaviors may result in behavioral hold. Id. at § 270(c).
Time limit. Four hours, or when a supervisor determines the youth is ready to return to program participation, whichever is sooner. Id. at §§ 270(f) & (g).
Location. The youth’s own room, or another area designated by the facility’s superintendent, but not the confinement unit. Id. at § 270(d).
Oversight. “Immediately” after the hold begins, the shift supervisor must be notified. Id. at § 270(b). Within 30 minutes, a staff member not involved in the incident must meet the youth to provide counsel and de-escalate the behavior. Id. at § 270(e). Within one hour, and every hour after that, a supervisor must meet the youth to determine whether they are ready to return to program participation. Id. at § 270(f).
4. Medical hold.
Who may initiate. Only a physician. Dkt. #133-2 at § 290(a) & (c).
Standard to initiate. For “medical quarantine, recovery, or observation.” Id. at § 290(a). Any limits on “movement and access to programs and services” must be based on a physician’s finding of “medical need.” Id. at § 290(c).
Location. Placement in the confinement unit is allowed only if a physician determines “a less restrictive area is not available or sufficient to meet the youths’ medical needs.” Id. at § 220(a)(6). Medical hold youths in the confinement unit must be sight and sound separated from other youths, when feasible given the physical layout and youth present. Id. at § 220(a)(6)(B). A physician shall review the need for such placement every 24 hours. Id. at § 220(a)(6)(A). Alternatively, the place of medical hold may be the youth’s own room, or another area designated by the facility’s superintendent. Id. at § 290(b).
3

5. Administrative hold.
Who may initiate. Only the facility’s superintendent. Dkt. #133-2 at § 260(a).
Standard to initiate. “Administrative or security purposes” to “separate” a youth who is “temporarily” housed at a facility from other youths. Id. at § 260(a).
Location. Every administrative hold may be located in the facility’s confinement unit for up to 24 hours. Id. at § 220(a)(4). The confinement unit also may be used for a total of three business days if the youth is awaiting transfer to the IDOC, or if the facility’s superintendent documents “other safety or security reason why a less restrictive form of housing is not appropriate.” Id. at § 220(a)(3). Alternatively, youth on administrative hold may be “separated” from other youths in other locations. Id. at § 260(a).
Programs and services. The IDJJ must make “every reasonable effort” to provide “access to the same programs and services” provided to the general population. Id. at § 260(c). Youths in the confinement unit for safety reasons do not enjoy this benefit. Id.
6. Investigative status.
Who may initiate. Only the IDJJ’s Deputy Director of Operations. Dkt. #133-2 at § 250(a).
Standard for initiate. When (1) a youth “is alleged to have committed a major offense,” and (2) “temporary confinement is necessary for the efficient and effective investigation of the offence.” Id. at § 250(a).
Location. The facility’s confinement unit, or another area designated by the facility’s superintendent. Id.at § 250(a).
Time limit. Four days. Id.at § 250(c). The confinement must end earlier if it is no longer necessary, as determined by the investigator, the facility superintendent, or the Deputy Director. Id. at § 250(b). The Deputy Director may grant a four-day extension in the event of an institutional emergency such as a riot. Id. at § 250(c)(2). If the investigation is conducted by “an outside agency,” additional time for investigative confinement is allowed if the agency provides the Deputy Director with documentation showing this is “necessary.” Id. at § 250(c)(1).
B. Prohibition of all other forms of confinement.
Other than these six forms of confinement, the IDJJ’s proposed confinement policy prohibits all other forms of confinement. This is shown by the policy’s definition of “confinement.” Dkt. #133-2 at § 210. It begins by broadly defining that term as “intentionally keeping a youth separate from all other youth, removing a youth form the general population, restricting the movement of a youth, or confining a youth to a room or area for any period of time for the reasons defined herein regardless of whether the youth is placed on a confinement unit.” Id. This section then critically states: “Confinement of a youth for any reason not defined in this rule is not permitted.” Id.
4

C. Safeguards for all confined youths.
The IDJJ’s confinement policy provides enumerated safeguards to youths in “all confinement, regardless of basis or location.” Dkt. #133-2 at § 230. Most of these safeguards apply without regard to the duration of confinement, and a few apply only to confinements that last 24 hours or longer.
1. Safeguards for confinements of all durations.
Out-of-room time must be provided for “daily showers, personal grooming, and recreation.” Dkt. #133-2 at § 230(f).
Mental health services ordinarily provided must continue. Id. at § 230(k).
Education services ordinarily provided must continue. The facility’s superintendent may withhold education services if they determine that providing such services poses a safety threat. Such determinations must by justified in writing. The services must resume when the threat ends. Id. at § 230(L).
Safety checks are required at least every 15 minutes, including a verbal check if the youth is awake. Id. at § 230(d). Ten-minute checks are required for youths on “observation status” (meaning they are undergoing emotional crisis), or on “close supervision” (meaning they are potentially suicidal). Five-minute checks are required for youths on “suicide watch” (meaning they are acutely suicidal). Dkt. 133-5 (draft IDJJ policy on mental health crisis services) at § II(E), § II(F)(3)(b)(2)(c), § II(F)(3)(c)(2)(a), & § II(F)(3)(d)(4)(a).
Visits from family, attorneys, and clergy must be allowed. Dkt. #133-2 at § 230(m).
Reading materials must be provided in the confinement room, and writing materials must be daily provided outside the room. Id. at § 230(n).
Medical care. Any medical complaints by youths or medical concerns by staff must be reported immediately to medical staff. Id. at § 230(c).
2. Additional safeguards for confinements of 24 hours or longer.
Eight daily out-of-room hours. This must include at least one hour of large-muscle exercise, outdoors if weather permits. During such out-of-room time, the youth shall be in the physical presence of, and have the opportunity to speak with, facility staff. The facility superintendent may restrict this out-of-room time if it poses a safety threat, and must justify such restrictions in writing. Dkt. #133-2 at § 230(g).
Daily MHP interview. If the MHP does not have a license, they must review the substance of the interview with a licensed MHP. Id. at § 230(h).
5

Notice to parents, if the youth is under 18 years of age. Id. at § 230(j). D. Supervisory oversight of all confinement. Documentation. All confinement decisions must be justified in writing as soon as practical by the staff making the decision. Dkt. #133-2 at § 230(a). This includes decisions to begin, continue, modify, or end confinement, and decisions to begin or end restrictions on services for confined youths. Id. at § 210. Oversight by the facility superintendent. The superintendent must be notified as soon as possible of all decisions to confine a youth, and shall review all documentation justifying confinement. Id. at § 230(b). Oversight by the IDJJ Deputy Director of Operations. Anytime a youth is confined for 18 consecutive hours or longer, or confined on more than 10 occasions in any 30-day period, the Deputy Director must be immediately notified, and provided all documentation justifying the confinement. Id. at § 230(i). Cumulative data. The IDJJ must maintain cumulative data on all confinement decisions. Id. at § 230(o).
6