Section 475.10  Applicability

 

This Part applies to the general public, applicants, employees, and to persons committed to the Department of Corrections.

 

Section 475.15  Definitions

 

a)         "ADA" means the Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

 

b)         "ADA Coordinator" means the person or persons designated by the Director or Chief Administrative Officer to coordinate efforts of the Department or a facility in carrying out its responsibilities under Title II of the ADA.

 

c)         "Chief Administrative Officer" means the highest ranking official of a correctional facility.

 

d)         "Department" means the Department of Corrections.

 

e)         "Director" means the Director of the Department of Corrections.

 

f)         "Grievance" means any formal, written complaint under the ADA by an individual with a disability who:

 

1)         Meets the essential eligibility requirements for participation in or receipt of the benefits of a program, activity, or service offered by the Department; and

 

2)         Believes he or she has been excluded from participation in, or denied the benefits of, any program, service, or activity of the Department or has been subject to discrimination by the Department on the basis of disability.

 

g)         "Grievant" means an individual with a disability who files a grievance under this Part.

 

h)         "Working days" means Monday through Friday, excluding State holidays.

 

Section 475.17  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 Section 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.

 

Section 475.20  General Provisions

 

a)         The Department shall promptly review grievances and consider any reasonable requests for modification to its programs, services, or activities which allegedly discriminate under the ADA on the basis of disability.

 

b)         Each grievance or request for modification shall be considered on a case-by-case basis, based on the unique set of factors of each case which may include, but not be limited to:

 

1)         The specific nature of the disability;

 

2)         The essential eligibility requirements, the benefits to be derived, and the nature of the program, service, or activity;

 

3)         The health, safety, or security of any person; and

 

4)         Whether or not a modification would constitute a fundamental alteration to the program, service, or activity or an undue hardship on the Department.

 

c)         Actions taken with regard to one grievance or request for modification shall not necessarily constitute a precedent upon which any other parties shall rely.

 

d)         Employees and applicant shall make requests for reasonable accommodation in accordance with internal procedures of the Department which shall be available to employees and applicants.  Grievances of employees and applicants should be filed and processed in accordance with this Part; however, nothing precludes an employee or applicant from filing a grievance in accordance with personnel rules (80 Ill. Adm. Code 303) or collective bargaining agreements. Any grievance filed by an employee or applicant shall be investigated by an ADA Coordinator who shall make recommendations regarding resolution of the grievance.

 

e)         Grievances or requests for reasonable modifications of committed persons shall be filed and processed in accordance with 20 Ill. Adm. Code 504.Subpart F or G.

 

f)         Grievances or requests for reasonable modifications of the general public shall be filed and processed in accordance with this Part.

 

g)         The Department shall take reasonable steps to ensure that the grievance procedures contained in this Part and 20 Ill. Adm. Code 504.Subpart F or G are accessible to and usable by individuals with disabilities.

 

Section 475.30  Verbal Requests and Complaints

 

Employees, applicants and persons other than committed persons may make verbal requests for reasonable modifications or verbal complaints regarding alleged discrimination to staff at any Department facility or office.  Such requests or complaints shall be forwarded through chain-of-command to determine whether any immediate action may be taken.  If the request or complaint is not resolved to the satisfaction of the individual, a written grievance may be filed in accordance with Section 475.40.

 

Section 475.40  Grievance Procedure

 

This Section applies to any persons except committed persons.

 

a)         Grievances under the ADA shall be submitted to:

 

Americans With Disabilities Act Coordinator

Illinois Department of Corrections

4-200 State of Illinois Center

100 W. Randolph

Chicago, Illinois 60601

Attention:  ADA Grievance

 

b)         Grievances shall be in writing and should be on the form provided by the Department.  The grievance shall include, among other matters:

 

1)         The program, service, or activity in which alleged discrimination occurred;

 

2)         Date and nature of the alleged discrimination;

 

3)         If applicable, the reasonable modification allegedly denied and the estimated cost of such modification; and

 

4)         Alternative modifications that may provide accessibility and the estimated cost of such alternatives.

 

c)         Copies of the grievance procedure and the grievance form shall be available at all Department offices and correctional facilities or may be requested through the ADA Coordinator.

 

d)         The grievance should be filed promptly, but no later than 180 days after the alleged discrimination occurred or the alleged denial of the request for modification.  The grievance form must be complete, to the extent known, in order to be given proper consideration by the Department.

 

e)         Upon request, assistance in completing the grievance form shall be provided as determined necessary by the Department.

 

f)         A Department ADA Coordinator shall take reasonable steps to ensure that the grievance is investigated and reasonable efforts are made to resolve it. The investigation may include an interview with the grievant when determined necessary by the ADA Coordinator.  The ADA Coordinator shall submit a written response to the grievant within 45 working days after receipt of the grievance, whenever possible.

 

Section 475.50  Appeal Process

 

This Section applies to any persons except committed persons.

 

a)         If the grievance is not resolved to the satisfaction of the grievant, the grievant may appeal the ADA Coordinator's decision to the Director.  Failure to appeal in a timely manner shall be construed to mean the grievant has withdrawn the grievance or has accepted the ADA Coordinator's response.

 

b)         Appeals shall be submitted in writing, within 15 working days after the date of the ADA Coordinator's response, to:

 

            Director

            Illinois Department of Corrections

            1301 Concordia Court

            P.O. Box 19277

            Springfield, Illinois 62794-9277

            Attention:  ADA Appeal

 

c)         Written appeals shall include:

 

1)         A brief statement explaining the reasons for dissatisfaction with the ADA Coordinator's response;

 

2)         A statement indicating whether or not the grievant wishes to appear before the person or persons appointed by the Director;

 

3)         A copy of the grievance form and the ADA Coordinator's response; and

 

4)         Any other supporting materials.

 

d)         The Director shall appoint a person or persons to review the appeal.

 

e)         The appointed person or persons shall review the grievance form and the ADA Coordinator's written response; shall consider any additional material submitted by the grievant; and may conduct interviews and seek advice as deemed appropriate.

 

f)         The grievant may be afforded the opportunity to appear before the appointed person or persons if so requested in the written appeal.

 

g)         The appointed person or persons shall make recommendations to the Director in writing.

 

h)         The Director shall approve, disapprove, or modify the recommendations. The Director's written decision shall be sent to the grievant and to the ADA Coordinator.  The Director's decision shall be final.