Section 205.10  Applicability

 

This Part applies to the Adult, Juvenile and Community Services Divisions of the Department of Corrections.

 

(Source:  Amended at 12 Ill. Reg. 5351, effective April 1, 1988)

 

Section 205.15  Definitions

 

            "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.

 

(Source:  Added at 12 Ill. Reg. 5351, effective April 1, 1988)

 

Section 205.17  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.

 

(Source:  Added at 12 Ill. Reg. 5351, effective April 1, 1988)

 

Section 205.20  Account Interest

 

a)         In the Adult and Community Services Divisions, interest from a committed person's trust fund account shall accrue to the Residents' Benefit Fund.

 

b)         In the Juvenile Division, interest from any money deposited with the Department in excess of $200 shall accrue to the individual's trust fund account; for balances up to and including $200 interest shall accrue to the Residents' Benefit Fund.

 

(Source:  Amended at 12 Ill. Reg. 5351, effective April 1, 1988)

 

Section 205.30  Banks

 

a)         A committed person in a correctional facility of the Adult or Juvenile Division may have an account with a federally insured financial institution.  The committed person shall be responsible for controlling his own savings passbook or deposit certificates.

 

b)         A committed person in a community correctional center of the Community Services Division shall have his account with a federally insured financial institution.  The community correctional center is responsible for holding the committed person's savings passbook or deposit certificates.

 

Section 205.40  Withdrawals and Transfers of Funds

 

a)         Trust fund money vouchers shall be processed within 10 working days, whenever possible.

 

b)         Checks drawn against a trust fund account for the purpose of opening a savings account must clearly state the name of the bank and the name of the individual opening the account.

 

c)         In the case of a committed person's death prior to the closing of his trust fund account, the Department may deduct amounts for the costs of handling the body and funeral arrangements.

 

d)         The Chief Administrative Officer may prohibit the disbursement of money from a trust fund account if it is determined that it would present a threat to the safety or security of the facility.  The committed person shall be notified that disbursement has been prohibited.

 

e)         Transfer of funds from one committed person's account to another's shall not be permitted unless approved by the Chief Administrative Officer.

 

(Source:  Amended at 12 Ill. Reg. 5351, effective April 1, 1988)

 

Section 205.50  Restrictions

 

a)         A form signed by the committed person authorizing the correctional facility officials to endorse by stamp any checks or money orders received for deposit in the individual's trust fund account shall be on file.  If such form is not on file, any checks or money orders received on his behalf shall be returned to the sender.

 

b)         Employees of a correctional facility may not be co-signers on any committed person's account nor may they function as agents, except within a community correctional center.

 

c)         Cashier's checks, money orders and business checks shall be accepted for deposit to a committed person's account, subject to the restrictions imposed by this Section.  For purposes of this Section a business check shall mean a check written on any agency's or firm's account and any check written on an employer's personal account for wages due a person assigned to the Community Services Division.

 

d)         Business checks, other than checks from governmental agencies, financial institutions, insurance companies, courts of law and law firms, shall be withheld from the committed person's account for a period of time to ensure the availability of the drawer's funds to cover the amount of the check.  The period of time shall be designated by the local banking facility where trust fund monies are deposited, and committed persons shall be given notice of the time period.

 

e)         The Department may establish a maximum dollar amount for checks or money orders received for deposit to a committed person's account.  Committed persons shall be given notice of any such maximum amounts.

 

f)         Cash and personal checks shall not be accepted for deposit to a committed person's account unless otherwise authorized by the Director.  In the Community Services Division, a committed person may make a cash deposit of wages received from an employer.

 

g)         The Department may refuse to accept a check if a previous check drawn on the same account or drawn by the same individual has been returned for non-payment for any reason.  Once a check has been returned, future checks will normally be refused unless, among other matters, the drawer can provide evidence of a good credit history through such means as bank certification or the Department has received previous checks which were not returned and it appears that the returned check was an isolated incident.

 

(Source:  Amended at 12 Ill. Reg. 5351, effective April 1, 1988)