Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 701 - COUNTY JAIL STANDARDS › Section 701.160 - Discipline

Current through Register Vol. 48, No. 28, July 12, 2024
a) Written
			 Disciplinary Rules and Regulations
The jail shall have and maintain written standards relating to
				discipline. The disciplinary rules and regulations must comply with Section 3.1
				of the County Jail Good Behavior Allowance Act [730 ILCS
				130/3.1 ]:
1)
			 The jail administrators who supervise institutions under the Act shall meet and
			 promulgate uniform rules and regulations for behavior and conduct, penalties,
			 and the awarding, denying, and revocation of good behavior allowance, in such
			 institutions. All disciplinary action shall be consistent with the provisions
			 of applicable law. Committed persons shall be informed of rules of behavior and
			 conduct, the penalties for violation thereof, and the disciplinary procedure by
			 which such penalties may be imposed. Any rules, penalties and procedures shall
			 be posted and made available to the committed persons.
2) Whenever a person is alleged to have
			 violated a rule of behavior, a written report of the infraction shall be filed
			 with the jail administrator within 72 hours of the occurrence of the infraction
			 or the discovery of it, and such report shall be placed in the file of the
			 institution or facility. No disciplinary proceeding shall be commenced more
			 than 8 days after the infraction or the discovery of it, unless the committed
			 person is unable or unavailable for any reason to participate in the
			 disciplinary proceeding.
3) All or
			 any of the good behavior allowance earned may be revoked by the jail
			 administrator, unless he or she initiated the charge, and in that case by the
			 disciplinary board, for violations of rules of behavior at any time prior to
			 discharge from the institution, consistent with the provisions of the
			 Act.
4) In disciplinary cases that
			 may involve the loss of good behavior allowance or eligibility to earn good
			 behavior allowance, the jail administrator shall establish disciplinary
			 procedures consistent with the following principles:
A) The jail administrator may establish one
			 or more disciplinary boards, made up of one or more persons, to hear and
			 determine charges. Any person who initiates a disciplinary charge against a
			 committed person shall not serve on the disciplinary board that will determine
			 the disposition of the charge. In those cases in which the charge was initiated
			 by the jail administrator, he or she shall establish a disciplinary board which
			 will have the authority to impose any appropriate discipline.
B) Any committed person charged with a
			 violation of rules of behavior shall be given notice of the charge, including a
			 statement of the misconduct alleged and of the rules this conduct is alleged to
			 violate, no less than 24 hours before the disciplinary hearing.
C) Any committed person charged with a
			 violation of rules is entitled to a hearing on that charge, at which time he or
			 she shall have an opportunity to appear before and address the jail
			 administrator or disciplinary board deciding the charge.
D) The person or persons determining the
			 disposition of the charge may also summon to testify any witnesses or other
			 persons with relevant knowledge of the incident. The person charged may be
			 permitted to question any person so summoned.
E) If the charge is sustained, the person
			 charged is entitled to a written statement, within 14 days after the hearing,
			 of the decision by the jail administrator or the disciplinary board which
			 determined the disposition of the charge, and the statement shall include the
			 basis for the decision and the disciplinary action, if any, to be
			 imposed.
F) The jail administrator
			 may impose the discipline recommended by the disciplinary board, or may reduce
			 the discipline recommended; however, no committed person may be penalized more
			 than 30 days of good behavior allowance for any one infraction.
G) The jail administrator, in appropriate
			 cases, may restore good behavior allowance that has been revoked, suspended, or
			 reduced.
5) The jail
			 administrator, or his or her designee, may revoke the good behavior allowance
			 specified in Section 3 of the Act of a detainee sentenced to the Illinois
			 Department of Corrections for misconduct committed while in the custody of the
			 jail administrator. If a detainee, while in the custody of the jail
			 administrator, is convicted of assault or battery on a peace officer,
			 correctional employee, or another detainee, for criminal damage to property or
			 for bringing into or possessing contraband in the jail in violation of Section
			 31A-1.1 of the Criminal Code of 2012, his or her day for day good behavior
			 allowance shall be revoked for each day such allowance was earned while the
			 detainee was in the custody of the jail administrator.