reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 504 - DISCIPLINE AND GRIEVANCES › Subpart A - ADMINISTRATION OF DISCIPLINE › Section 504.30 - Preparation of Disciplinary Reports

Current through Register Vol. 48, No. 28, July 12, 2024
a) Every employee has the duty to observe the
				conduct of offenders.
b) If an
				employee observes an offender committing an offense, discovers evidence of its
				commission or receives information from a reliable witness of the conduct, the
				employee shall promptly prepare a disciplinary report. However, if the
				infraction is listed in the 400 series in Table A and the employee determines a
				disciplinary report is not necessary to resolve the situation, the employee may
				orally reprimand the offender.
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 identification number of the
				offender.
2) The place, time and
				date of the offense.
3) The offense
				that the offender is alleged to have committed.
4) A written statement detailing the conduct
				observed.
5) The names of
				offenders, 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.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 504 - DISCIPLINE AND GRIEVANCES › Subpart A - ADMINISTRATION OF DISCIPLINE › Section 504.40 - Investigative Status and Temporary Confinement

Current through Register Vol. 48, No. 28, July 12, 2024
The shift supervisor shall determine whether or not it is
				  necessary to place the offender in investigative status or in temporary
				  confinement status pending a disciplinary hearing or a determination whether to
				  issue a disciplinary or investigative report in accordance with Section
				  504.30.
				  If the offender has been diagnosed as seriously mentally ill, the shift
				  supervisor shall ensure a mental health professional completes a documented
				  review of the offender within 48 hours and provides his or her recommendation
				  for temporary confinement to the Chief Administrative Officer. The Chief
				  Administrative Officer shall also have the authority to release the offender
				  from temporary confinement. The decision to place an offender in investigative
				  status or temporary confinement may be based, among other matters, on:
a) The aggressiveness of the
				offender;
b) The threat posed to
				the safety and security of the facility or any person;
c) The need to restrict the offender's access
				to general population to protect the individual from injury or to conduct the
				investigation;
d) The seriousness
				of the offense; or
e)
				Contraindication for placement determined by a mental health
				professional.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 504 - DISCIPLINE AND GRIEVANCES › Subpart A - ADMINISTRATION OF DISCIPLINE › Section 504.50 - Review of Disciplinary Reports

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Chief Administrative Officer of each
				facility shall designate one or more Reviewing Officers.
b) The Reviewing Officer shall review the
				decision to place an offender in temporary confinement within three calendar
				days after the placement, whenever possible, and may order release from or
				placement in temporary confinement. Among other matters, the factors listed in
				Section
				504.40
				may be considered. If a disciplinary or investigative report has not been
				written within three calendar days after placement in temporary confinement,
				the Reviewing Officer shall inform the Chief Administrative Officer.
c) An offender who receives an investigative
				report shall be interviewed by the Reviewing Officer in order to permit the
				offender an opportunity to present his or her views regarding placement in
				investigative status. The interview shall be conducted within 10 calendar days
				after initial placement in investigative status, whenever possible.
1) The Reviewing Officer shall recommend
				whether to continue placement of the offender in investigative status. Among
				other matters, factors listed in Section
				504.40
				may be considered. The Chief Administrative Officer shall make the final
				determination.
2) The offender
				shall be informed of the decision and the decision shall be documented in
				writing.
3) The offender may be
				detained in investigative status for up to 30 days.
4) If the investigation does not indicate
				that the offender may be guilty of any disciplinary offense, placement in
				investigative status shall be terminated and the report shall be expunged from
				the offender'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.
5) If, as a
				result of the investigation, it is necessary to amend or modify the original
				charges, the offender shall be issued a revised disciplinary report.
6) Upon completion of the investigation, the
				offender 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 30 days due to an institutional emergency, the Chief
				Administrative Officer may personally authorize, in writing, an extension of up
				to 30 days placement pending investigation. As used in this Section, an
				institutional emergency includes riots, strikes, lockdowns and natural
				disasters.
8) The Director may
				personally authorize, in writing, additional extensions of up to 30 days each
				if an institutional emergency prevents completion of the investigation within
				60 days. The offender shall be informed of the decision in writing.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 504 - DISCIPLINE AND GRIEVANCES › Subpart A - ADMINISTRATION OF DISCIPLINE › Section 504.60 - Investigation of Major Disciplinary Reports

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Chief Administrative Officer shall
				appoint one or more Hearing Investigators who shall review all major
				disciplinary reports.
1) The Hearing
				Investigator may conduct an investigation into the charges as determined to be
				appropriate. This determination may be based, among other matters, upon the
				severity of the offense, the complexity of the charges or the offender's
				admission of guilt. The investigation may include an investigation of
				additional charges.
2) The Hearing
				Investigator may correct or direct the reporting employee to correct any errors
				in the disciplinary report. The offender shall be provided with a copy of the
				corrected report. In the event the corrected report contains new charges, the
				offender shall be provided a copy of the corrected report at least 24 hours
				prior to the hearing unless the offender waives this notice.
3) The Hearing Investigator may interview any
				person who may have information that relates to the alleged violation and may
				inspect any physical evidence.
4)
				The Hearing Investigator shall determine whether to submit a report to the
				Adjustment Committee, based upon the results of the investigation. However, if
				the investigation reveals evidence of a convincing nature that the offender did
				not commit the offense, that evidence must be reported to the Adjustment
				Committee.
5) Any report may be
				submitted in writing or presented orally, as determined by the Hearing
				Investigator.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 504 - DISCIPLINE AND GRIEVANCES › Subpart A - ADMINISTRATION OF DISCIPLINE › Section 504.70 - Adjustment Committee and Program Unit Composition

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Chief Administrative Officer shall
				appoint the Adjustment Committee, which shall be composed of at least two
				members.
1) The Adjustment Committee shall
				include:
A) To the extent possible, a person
				representing the counseling staff; and
B) At least one minority staff
				member.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 504 - DISCIPLINE AND GRIEVANCES › Subpart A - ADMINISTRATION OF DISCIPLINE › Section 504.90 - New or Additional Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Director, Deputy Director or Chief
				Administrative Officer shall remand the decision to the Adjustment Committee
				for new proceedings if the proceedings are found to be defective due to:
1) Inadequate notice, including failure to
				state the correct date of the offense on the disciplinary report or failure to
				provide the offender with 24-hour notice of the hearing, unless notice was
				waived.
2) Lack of impartiality of
				the Adjustment Committee.
3)
				Improper exclusion of witnesses.
4)
				Failure to provide exonerating information to the offender prior to the
				hearing.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 504 - DISCIPLINE AND GRIEVANCES › Subpart A - ADMINISTRATION OF DISCIPLINE › Section 504.100 - Program Unit Hearing Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Program Unit hearing shall be
				convened, but need not be concluded, within 14 calendar days after the
				commission of the offense or its discovery, whenever possible, unless the
				offender is unable to participate in the hearing.
b) The offender 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
				offender's written request and for good cause shown.
e) The offender 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 offender shall not have the right to
				retained or appointed counsel. The offender may request the assistance of a
				staff member in the preparation of his or her defense if the individual is
				illiterate, has a hearing impairment 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
				504.20(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 14
				calendar days after the approval, whenever possible.
2) If not approved, the disciplinary report
				shall be referred back for a hearing before the Program Unit that shall
				commence within 14 calendar days after the decision not to approve the
				recommendation, whenever possible.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 504 - DISCIPLINE AND GRIEVANCES › Subpart A - ADMINISTRATION OF DISCIPLINE › Section 504.110 - Computation of Discipline for Multiple Offenses

Current through Register Vol. 48, No. 28, July 12, 2024
a) When an offender has been found in
				violation of more than one offense arising from a single incident, the maximum
				penalty shall not exceed the maximum penalty for the most serious offense the
				individual is found to have committed.
b) When an offender has been found in
				violation of more than one offense arising from separate incidents, the maximum
				penalty for each offense may be imposed, and such penalties shall run
				consecutively. For example, an offender who is found guilty of assaulting
				several persons within a short period of time has committed multiple offenses
				that would be punishable consecutively.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 504 - DISCIPLINE AND GRIEVANCES › Subpart A - ADMINISTRATION OF DISCIPLINE › Section 504.115 - Indeterminate and Long Term Segregation Placement

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within six months after placement in
				segregation, and no less frequently than once every 90 days thereafter, the
				Director or Deputy Director shall personally review the placement of offenders
				in indeterminate disciplinary segregation or the placement of offenders who
				have disciplinary segregation terms greater than one year. This review shall
				include a face-to-face interview with the offender by staff. The Director or
				Deputy Director may continue the offender's segregation placement or establish
				a specific segregation release date.
b) In determining whether to establish a
				specific segregation release date, the Director or Deputy Director may
				consider, among other matters:
1) The
				seriousness of the offense;
2) The
				safety and security of the facility or any person;
3) The offender's behavioral and disciplinary
				history;
4) The offender's age,
				medical and mental health;
5)
				Reports and recommendations concerning the offender;
6) The interview and any submissions of
				relevant material and information;
7) Institutional order; and
8) Other legitimate penological
				interests.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 504 - DISCIPLINE AND GRIEVANCES › Subpart A - ADMINISTRATION OF DISCIPLINE › Section 504.120 - Reduction in Segregation Placement

Current through Register Vol. 48, No. 28, July 12, 2024
a) An offender shall receive credit against
				the term of segregation placement for time spent in temporary confinement or in
				investigative status.
b) An
				offender may petition the Adjustment Committee no more often than every 90 days
				to reduce the segregation term based on his or her conduct while in
				segregation.
c) The Adjustment
				Committee may either recommend reduction of the original segregation term
				imposed or deny the petition.
d)
				The Adjustment Committee's recommendation shall be reviewed by the Chief
				Administrative Officer.
e) The
				decision shall be provided to the offender in writing and, if denied, shall
				provide the factual basis for the denial.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 504 - DISCIPLINE AND GRIEVANCES › Subpart A - ADMINISTRATION OF DISCIPLINE › Section 504.130 - Demotion and Restoration in Grade

Current through Register Vol. 48, No. 28, July 12, 2024
a) Privileges shall be afforded to offenders
				assigned to correctional centers based upon their current grade, in the
				following manner:
1) Offenders in "A" grade
				shall be eligible to receive all institutional privileges. Newly admitted
				offenders shall be placed in "A" grade.
2) Offenders in "B" grade shall be eligible
				to receive institutional privileges limited to medical, critical illness or
				funeral furlough; yard; limited commissary, not to exceed $30 per month;
				visits, excluding video visitation; and no more than two telephone calls per 30
				day period.
3) Offenders in "C"
				grade shall be ineligible to receive institutional privileges, except yard,
				restricted commissary and visits, excluding video visitation; however,
				audio-visual privileges may be restored if directed by the treating mental
				health professional. An offender may only purchase from the commissary personal
				hygiene items and other items approved by the Chief Administrative Officer,
				based on the offender's institutional status, once each 30 day period while in
				"C" grade. The 30 day period shall commence on the date of placement into "C"
				grade.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 504 - DISCIPLINE AND GRIEVANCES › Subpart A - ADMINISTRATION OF DISCIPLINE › Section 504.140 - Restitution Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Adjustment Committee or Program Unit may recommend that the offender make
				restitution in any amount not to exceed costs incurred or damages sustained by
				any person, entity, or state as a result of the disciplinary offense, including
				expenses for investigating the matter and processing the disciplinary report.
				The Adjustment Committee or Program Unit shall document the amount and the
				conditions of payment.
b) If the
				Adjustment Committee or Program Unit determines that restitution is
				appropriate, it shall ask the offender to authorize disbursement from his or
				her trust fund or from any other account.
1)
				If the offender agrees to make restitution the individual shall sign an
				authorization for disbursement of funds either to the State or to the
				appropriate individual.
2) If the
				offender refuses to authorize disbursement of his or her current funds or
				future earnings in accordance with the Adjustment Committee's or Program Unit's
				recommendation, the Adjustment Committee or Program Unit may recommend that a
				hold be placed on the individual's account for such amount, and may further
				recommend that the individual's commissary privileges, other expenditures, or
				State pay be suspended in whole or in part for a definite period of time.
				However, the offender shall be permitted to retain a sufficient amount of funds
				to purchase basic personal hygiene items if such items are not provided by the
				facility.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 504 - DISCIPLINE AND GRIEVANCES › Subpart A - ADMINISTRATION OF DISCIPLINE › Section 504.150 - Restoration of Time and Credit

Current through Register Vol. 48, No. 28, July 12, 2024
Time and credit that has been revoked may be restored in
				  accordance with 20 Ill. Adm. Code
				  107.160.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 504 - DISCIPLINE AND GRIEVANCES › Subpart D - SEGREGATION AND CONFINEMENT › Section 504.602 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Chief Administrative Officer" means the highest ranking
				  official of a correctional facility.
"Department" means the Department of Corrections.
"Director" means the Director of the Department.
"Offender" means a person committed to the Department or to
				  the custody of the Department.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 504 - DISCIPLINE AND GRIEVANCES › Subpart D - SEGREGATION AND CONFINEMENT › Section 504.605 - Responsibilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless otherwise
				specified, the Director, Deputy 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, Deputy Director or Chief Administrative Officer shall
				personally perform the duties. However, the Director, Deputy Director or Chief
				Administrative Officer may designate another person or persons to perform the
				duties during periods of their temporary absence or in an emergency.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 504 - DISCIPLINE AND GRIEVANCES › Subpart D - SEGREGATION AND CONFINEMENT › Section 504.610 - Placement in Segregation Status

Current through Register Vol. 48, No. 28, July 12, 2024
a) In accordance with this Part, offenders
				may be confined in designated areas on segregation status. Segregation status
				includes:
1) Temporary confinement pending a
				disciplinary hearing or investigation; or
2) Disciplinary segregation resulting from a
				disciplinary hearing.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 504 - DISCIPLINE AND GRIEVANCES › Subpart D - SEGREGATION AND CONFINEMENT › Section 504.620 - Segregation Standards

Current through Register Vol. 48, No. 28, July 12, 2024
Standards for living conditions in segregation areas shall
				  include the following provisions:
a)
				Double celling shall be permitted upon approval of the Chief Administrative
				Officer. Prior to assigning offenders to a double cell, a review shall be
				conducted to determine whether there are reasons why the offenders should not
				be double celled. Medical and mental health concerns shall be considered in
				making this determination.
b)
				Minimally, each cell shall be furnished with:
1) A bed for each offender, securely fastened
				to the cell;
2) Clean bedding,
				including a mattress, blanket, sheets, pillow and pillow case for each
				offender;
3) A wash basin with
				running water and flushable toilet facilities (controls may be located outside
				the cell); and
4) Adequate lighting
				for reading and observation purposes.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 504 - DISCIPLINE AND GRIEVANCES › Subpart D - SEGREGATION AND CONFINEMENT › Section 504.630 - Investigative Confinement

Current through Register Vol. 48, No. 28, July 12, 2024
Offenders placed in confinement pending completion of an
				  investigation shall be provided with the same conditions and services as those
				  required for the segregation area.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 504 - DISCIPLINE AND GRIEVANCES › Subpart D - SEGREGATION AND CONFINEMENT › Section 504.670 - Recreation for Persons in Segregation Status

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Chief Administrative Officer shall
				determine the number of hours per week offenders in segregation status may
				recreate outside their cells. Offenders in segregation status shall be afforded
				the opportunity to recreate outside their cells a minimum of eight hours per
				week distributed in increments over no less than two days per week, unless
				otherwise specified by the settlement agreement approved in the case of
Rasho et al. v. Baldwin, et al
., Case No. 07-1298 in USDC
				CDIL, or unless otherwise restricted by the Chief Administrative Officer in
				accordance with this Section.
b)
				Unless medically contraindicated, out of cell recreation may be temporarily
				restricted or suspended if the Chief Administrative Officer determines the
				activity to be a threat to the safety and security of the facility or any
				person. For example:
1) Offenders who are in
				segregation status and who are also under investigation may have their
				congregate recreational opportunities restricted during the pendency of the
				investigation for a period not to exceed 90 days.
2) Offenders may have their recreation
				restricted or limited due to a medical or mental health condition as determined
				necessary by a health care professional.
3) Offenders who have been witnesses in
				criminal cases against other offenders, who are informants, or who otherwise
				require precautions to ensure their protection may have their congregate
				recreational opportunities restricted.
4) Offenders who are classified as high
				escape risks may have their recreational opportunities restricted.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 504 - DISCIPLINE AND GRIEVANCES › Subpart D - SEGREGATION AND CONFINEMENT › Section 504.680 - Release from Disciplinary Segregation

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall make every attempt to ensure offenders
				  are not released directly to the community from disciplinary segregation
				  status. In the event such a release is imminent, within 180 days prior to
				  release:
a) The Deputy Director shall
				determine if the offender may transition through a less secure placement option
				or if continued placement in disciplinary segregation status is
				appropriate.
b) If the Deputy
				Director determines continued placement in disciplinary segregation status is
				appropriate, a transition and stabilization plan shall be developed and
				appropriate programming, based on safety and security concerns, shall be
				provided.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 504 - DISCIPLINE AND GRIEVANCES › Subpart D - SEGREGATION AND CONFINEMENT › Section 504.690 - Administrative Detention

Current through Register Vol. 48, No. 28, July 12, 2024
Administrative detention is a nondisciplinary status of
				  confinement that removes an offender from general population or restricts the
				  individual's access to general population.
a) The Chief Administrative Officer may, with
				the approval of the Director or Deputy Director, place an offender in
				administrative detention for up to 90 days.
b) In determining whether to place an
				offender in administrative detention, the Chief Administrative Officer may
				consider, among other matters:
1) The
				seriousness of the offense;
2) The
				safety and security of the facility or any person;
3) The offender's behavioral and disciplinary
				history;
4) Reports and
				recommendations concerning the offender;
5) The interview and any submissions of
				relevant material and information;
6) Institutional order; and
7) Other legitimate penological
				interests.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 504 - DISCIPLINE AND GRIEVANCES › Subpart F - GRIEVANCE PROCEDURES FOR OFFENDERS › Section 504.800 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart applies to offenders assigned to correctional
				  facilities within the Department of Corrections.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 504 - DISCIPLINE AND GRIEVANCES › Subpart F - GRIEVANCE PROCEDURES FOR OFFENDERS › Section 504.802 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Chief Administrative Officer" means the highest ranking
				  official of a correctional facility.
"Department" means the Department of Corrections.
"Director" means the Director of the Department.
"Facility ADA Coordinator" means the person or persons
				  designated by the Chief Administrative Officer to coordinate efforts of the
				  facility in carrying out its responsibilities under Title II of the Americans
				  With Disabilities Act of 1990 (
				  42 USC 12101
				  et seq.).
"Offender" means a person committed to the Department or to
				  the custody of the Department.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 504 - DISCIPLINE AND GRIEVANCES › Subpart F - GRIEVANCE PROCEDURES FOR OFFENDERS › Section 504.805 - Responsibilities

Current through Register Vol. 48, No. 28, July 12, 2024
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 or her temporary absence or
				in an emergency.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 504 - DISCIPLINE AND GRIEVANCES › Subpart F - GRIEVANCE PROCEDURES FOR OFFENDERS › Section 504.810 - Filing of Grievances

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				offender may file a written grievance on a grievance form that shall be made
				available in all living units. Grievances shall be addressed to his or her
				institutional counselor; however, complaints concerning discipline or sexual
				abuse shall be sent by the offender directly to the Grievance Officer. A
				grievance must be filed with the counselor or Grievance Officer in accordance
				with the procedures in this Subpart, within 60 days after the discovery of the
				incident, occurrence or problem that gives rise to the grievance. However, if
				an offender can demonstrate that a grievance was not timely filed for good
				cause, the grievance shall be considered. Grievances related to allegations of
				sexual abuse shall not be subject to any filing time limit.
b) The grievance procedure shall not be
				utilized for complaints regarding decisions that have been rendered by the
				Director, such as, but not limited to, facility placement, awards of
				supplemental sentence credit or transfer denials, or decisions that are outside
				the authority of the Department, such as parole decisions, clemency or orders
				regarding length of sentence.
c)
				The original grievance form shall be deposited in the living unit mailbox or
				other designated repository. The grievance shall contain factual details
				regarding each aspect of the offender's complaint, including what happened,
				when, where and the name of each person who is the subject of or who is
				otherwise involved in the complaint. This provision does not preclude an
				offender from filing a grievance when the names of individuals are not known,
				but the offender must include as much descriptive information about the
				individual as possible.
d) Staff
				assistance shall be available as requested by those offenders who cannot
				prepare their grievances unaided as determined by institutional staff.
1) All offenders shall be entitled to file
				grievances regardless of their disciplinary status or classification.
2) Each facility shall take reasonable steps
				to ensure that the grievance procedure is accessible to offenders who are
				impaired, disabled or unable to communicate in the English language.
3) If staff assistance writing the grievance
				form is provided, the name of the individual providing the assistance shall be
				documented on the form.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 504 - DISCIPLINE AND GRIEVANCES › Subpart F - GRIEVANCE PROCEDURES FOR OFFENDERS › Section 504.820 - Grievance Officer

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Chief Administrative Officer shall appoint two or more employees who may serve
				as a Grievance Officer to attempt to resolve problems, complaints and
				grievances that offenders have been unable to resolve through routine
				channels.
b) No person who is
				directly involved in the subject matter of the grievance or who was a member of
				the Adjustment Committee that heard a disciplinary report concerning the
				grievance may serve as the Grievance Officer reviewing that particular
				case.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 504 - DISCIPLINE AND GRIEVANCES › Subpart F - GRIEVANCE PROCEDURES FOR OFFENDERS › Section 504.830 - Grievance Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Grievances shall be reviewed and a written response provided to the offender.
				Grievances on issues that are deemed without merit may be returned as denied to
				the sender without further investigation. No merit grievances include
				grievances that:
1) Have previously been
				addressed for which there is no additional information;
2) Are on issues that do not involve or
				affect the offender;
3) Are not
				filed timely, and for which good cause justification for the delay is not
				provided; or
4) Are decisions
				previously rendered by the Director.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 504 - DISCIPLINE AND GRIEVANCES › Subpart F - GRIEVANCE PROCEDURES FOR OFFENDERS › Section 504.840 - Emergency Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
An offender may request a grievance be handled on an
				  emergency basis by forwarding the grievance directly to the Chief
				  Administrative Officer.
a) If there is
				a substantial risk of imminent personal injury or other serious or irreparable
				harm to the offender, the grievance shall be handled on an emergency
				basis.
b) If the Chief
				Administrative Officer determines that the grievance shall be handled on an
				emergency basis, he or she shall expedite processing of the grievance and
				respond to the offender, indicating what action shall be or has been
				taken.
c) If the Chief
				Administrative Officer determines that the grievance should not be handled on
				an emergency basis, the offender shall be notified in writing that he or she
				may resubmit the grievance as non-emergent, in accordance with the standard
				grievance process.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 504 - DISCIPLINE AND GRIEVANCES › Subpart F - GRIEVANCE PROCEDURES FOR OFFENDERS › Section 504.850 - Appeals

Current through Register Vol. 48, No. 28, July 12, 2024
a) If, after
				receiving the response of the Chief Administrative Officer, the offender still
				believes that the problem, complaint or grievance has not been resolved to his
				or her satisfaction, he or she may appeal in writing to the Director. The
				appeal must be received by the Administrative Review Board within 30 days after
				the date of the decision. Copies of the Grievance Officer's report and the
				Chief Administrative Officer's decision should be attached.
b) An Administrative Review Board shall be
				appointed by the Director.
c) The
				Administrative Review Board shall meet as frequently as necessary and may
				schedule hearings on grievances. Hearings may be conducted in person or via
				video or telephonic conference. The Board may call witnesses or examine records
				at its discretion.
d) The
				Administrative Review Board shall submit to the Director a written report of
				its findings and recommendations.
e) The Director shall review the findings and
				recommendations of the Board and make a final determination of the grievance
				within six months after receipt of the appealed grievance, when reasonably
				feasible under the circumstances. The offender shall be sent a copy of the
				Director's decision.
f) In those
				instances in which an offender is appealing a grievance determined by the Chief
				Administrative Officer to be of an emergency nature, the Administrative Review
				Board shall expedite processing of the grievance.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 504 - DISCIPLINE AND GRIEVANCES › Subpart F - GRIEVANCE PROCEDURES FOR OFFENDERS › Section 504.860 - Records

Current through Register Vol. 48, No. 28, July 12, 2024
Records regarding the filing and disposition of grievances
				  shall be maintained in the offender's master file.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 504 - DISCIPLINE AND GRIEVANCES › Subpart F - GRIEVANCE PROCEDURES FOR OFFENDERS › Section 504.870 - Direct Review by Administrative Review Board

Current through Register Vol. 48, No. 28, July 12, 2024
a) Offenders shall submit grievances directly
				to the Administrative Review Board when grieving:
1) Decisions regarding protective custody
				placement, including continued placement in or release from protective
				custody.
2) Decisions regarding the
				involuntary administration of psychotropic medication.
3) Decisions regarding disciplinary
				proceedings that were made at a facility other than the facility where the
				offender is currently assigned.
4)
				Other issues that pertain to a facility other than the facility where the
				offender is currently assigned, excluding personal property and medical
				issues.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 504 - DISCIPLINE AND GRIEVANCES › Subpart G - GRIEVANCE PROCEDURES FOR RELEASEES › Section 504.900 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart applies to persons committed to the Department
				  of Corrections who have been released from correctional facilities and are
				  under the supervision of the Department.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 504 - DISCIPLINE AND GRIEVANCES › Subpart G - GRIEVANCE PROCEDURES FOR RELEASEES › Section 504.905 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Department" means the Department of Corrections.
"Director" means the Director of the Department.
"Facility ADA Coordinator" means the person or persons
				  designated by the Director to coordinate efforts of the facility in carrying
				  out its responsibilities under Title II of the Americans with Disabilities Act
				  (
				  42 USC 12101
				  et seq.).
"Parole Commander" means the supervisor of a parole office or
				  a geographic area within the Department.
"Releasee" means any person committed to the Department who
				  has been released under conditional supervision in Illinois due to parole or
				  mandatory supervised release, but who has not yet been discharged from a
				  correctional facility.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 504 - DISCIPLINE AND GRIEVANCES › Subpart G - GRIEVANCE PROCEDURES FOR RELEASEES › Section 504.910 - Responsibilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless otherwise
				specified, the Director or Parole Commander 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
				Parole Commander shall personally perform the duties. However, the Director or
				Parole Commander may designate another person or persons to perform the duties
				during periods of his or her temporary absence or in an emergency.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 504 - DISCIPLINE AND GRIEVANCES › Subpart G - GRIEVANCE PROCEDURES FOR RELEASEES › Section 504.920 - Filing of Grievances

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Releasees who have been unable to resolve complaints or problems through parole
				staff may file a written grievance with the Parole Commander. A grievance must
				be filed within 60 days after the discovery of the incident, occurrence or
				problem that gives rise to the grievance. However, if a releasee can
				demonstrate that a grievance was not timely filed for good cause, the grievance
				shall be considered. Complaints or problems regarding the revocation of release
				status, clemency or orders regarding the length of sentence or decisions that
				have been rendered by the Director are not reviewable under this
				procedure.
b) The grievance shall
				contain factual details regarding each aspect of the releasee's complaint,
				including what happened, when, where, and the name of each person who is the
				subject of or who is otherwise involved in the complaint. This provision does
				not preclude a releasee from filing a grievance when the names of individuals
				are not known, but the offender must include as much descriptive information
				about the individual as possible.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 504 - DISCIPLINE AND GRIEVANCES › Subpart G - GRIEVANCE PROCEDURES FOR RELEASEES › Section 504.930 - Review of Grievances

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Parole Commander shall promptly submit a copy of any grievance alleging
				discrimination or a request for an accommodation based on disability to the
				facility ADA Coordinator. The facility ADA Coordinator shall conduct an
				investigation as deemed appropriate and make written recommendations to the
				Parole Commander for resolution of the grievance.
b) The Parole Commander shall interview the
				releasee, unless the grievance is deemed without merit, and shall evaluate and
				respond to the grievance in writing within two months, when reasonably feasible
				under the circumstances. Grievances on issues that are deemed without merit may
				be returned to the sender as denied without further review. No merit grievances
				include grievances that have previously been addressed for which there is no
				additional information or that are on issues that do not involve or affect the
				releasee. Copies of the grievance and response shall be retained in the
				releasee's case file.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 504 - DISCIPLINE AND GRIEVANCES › Subpart G - GRIEVANCE PROCEDURES FOR RELEASEES › Section 504.940 - Appeals

Current through Register Vol. 48, No. 28, July 12, 2024
a) The releasee
				may, if not satisfied with the results of the grievance, submit a written
				appeal within 30 days after the date of the decision to:
Director
Department of Corrections
1301 Concordia Court, P.O. Box 19277
Springfield, Illinois 62794-9277
b) The Director shall review the grievance
				and submit a written response to the releasee within six months after receipt
				of the appealed grievance, when reasonably feasible under the
				circumstances.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 525 - RIGHTS AND PRIVILEGES › Subpart A - VISITATION › Section 525.12 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Chief Administrative Officer" means the highest ranking
				  official of a correctional facility.
"Department" means the Department of Corrections.
"Director" means the Director of the Department of
				  Corrections.
"Offender" means a person committed to the Department or to
				  the custody of the Department.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 525 - RIGHTS AND PRIVILEGES › Subpart A - VISITATION › Section 525.15 - Responsibilities

Current through Register Vol. 48, No. 28, July 12, 2024
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 or her temporary absence or
				in an emergency.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 525 - RIGHTS AND PRIVILEGES › Subpart A - VISITATION › Section 525.20 - Visiting Privileges

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Chief Administrative Officer of each correctional facility shall establish
				regular visiting hours.
1) All rules and
				regulations pertaining to visiting shall be posted and made available to
				visitors and offenders.
2) Visitors
				who travel great distances to visit an offender may request extended visits.
				These requests should be submitted sufficiently in advance to the Chief
				Administrative Officer for consideration.
3) Visitors shall be subject to search in
				accordance with 20 Ill. Adm. Code
				501.220.
4) Visitors may be permitted to wear
				religious headgear if:
A) There are no safety
				or security concerns; and
B) The
				headgear has been removed and thoroughly searched; and
C) The visitor has indicated that the
				headgear has religious significance; and
D) Either:
i) The headgear is a kufi, yarmulke, turban,
				habit, or fez; or
ii) A written
				request to wear headgear other than those listed in subsection (a)(4)(D)(i) of
				this Section was submitted to the Chief Administrative Officer at least ten
				days prior to the visit and the Chief Administrative Officer approved the
				request. Failure to submit a timely request shall result in denial of the
				request.
5)
				All offenders' visits shall be subject to monitoring and recording at any time
				by departmental staff, unless prior special arrangements have been made for
				confidential attorney visits or other privileged visits. For purposes of this
				Section, a privileged visit means any conversation or communication between
				visitors that is protected by a privilege of law or by decision, rule, or order
				of the Illinois Supreme Court. Notices stating that visits are subject to
				monitoring and recording shall be posted in places in which offenders are
				normally permitted to visit and in the offenders' orientation manual.
6) Visits may be restricted to non-contact
				visits by the Chief Administrative Officer for reasons of safety, security, and
				order. This may include, but not be limited to, restricting visits to
				non-contact visits for offenders known or believed to be engaged in gang
				activity.
A) Offenders who are assigned to an
				adult closed maximum security or who are in disciplinary segregation or who are
				extremely high escape risks shall be restricted to non-contact
				visits.
B) Offenders found in
				possession of illegal drugs or who fail a drug test shall be restricted to
				non-contact visits for at least 6 months.
C) Offenders involved in gang activity or
				found guilty of assault against a Department employee in accordance with 20
				Ill. Adm. Code 504 shall be restricted to non-contact visits for a period of at
				least 6 months.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 525 - RIGHTS AND PRIVILEGES › Subpart A - VISITATION › Section 525.30 - Clergy Visitation

Current through Register Vol. 48, No. 28, July 12, 2024
Clergy and religious leaders from religious groups may visit
				  offenders during regularly scheduled visiting hours and during other hours as
				  approved by the Chief Administrative Officer subject to safety and security
				  concerns.