Section 701.5  Definitions

 

"Business Day" means a regular working day, excluding weekends and recognized holidays.

 

"Department" means the Illinois Department of Corrections.

 

"Jail and Detention Standards Unit" means the unit within the Department of Corrections that is authorized to monitor compliance with the County Jail Standards.

 

"Jail Officer" means any sworn officer of the Sheriff, including full- or part-time, who is primarily responsible for the control and custody of detainees in a county jail.

"Medical Staff" means staff employed directly by a facility to perform healthcare services, staff contracted by the facility to perform healthcare services, or staff of an organization contracted by the facility to provide healthcare services.

 

"Mental Health Professional" means a licensed or certified psychiatrist, physician, psychiatric nurse, or clinically trained psychologist, or an individual who has a master's degree in social work and clinical training.

 

"Trustee" means a detainee, classified as presenting no threat to the safety and security of the jail, who is selected by designated jail staff and not exempted by medical services, and who has volunteered, who will perform routine functions such as housekeeping, laundry services, etc.

 

"Unit" means the Jail and Detention Standards Unit.

 

(Source:  Amended at 38 Ill. Reg. 18859, effective October 1, 2014)

 

Section 701.10  Administration

 

a)         Staff Training

 

1)         All full-time jail officers shall be trained as provided by the Illinois Police Training Act [50 ILCS 705/8.1].  All personnel assigned jail duties shall be made familiar with these standards.  The training shall include first aid, CPR and identification of signs and management of detainees with a mental illness or a developmental disability.

 

2)         Jail officers and other personnel assigned to jail duty shall be trained in security measures and handling special incidents such as assaults, disturbances, fires, natural disasters, evacuation procedures, escapes, emergency medical response, communications, crime scene protection and suicide prevention.

 

3)         Jail officers that have contact with juvenile detainees shall receive additional training specific to juvenile issues within correctional settings, as approved by the Illinois Law Enforcement Training Standards Board.

 

4)         Jail officers and other personnel primarily assigned to correctional duties shall receive annual training by or approved by mental health professionals on suicide prevention and mental health issues.

 

5)         Documentation of staff training shall be maintained.

 

b)         Written Procedures

A current written manual of policies and regulations for the operation of the jail shall be established by the jail administrator and furnished to each employee.  Written procedures for fires, riots, escapes, hostage situations, major disturbances, use of chemical agents, medical emergencies including suicide prevention and crisis intervention, bomb threats, severe weather and natural disasters shall be a part of this manual.

 

c)         Post Description

Comprehensive duty descriptions for each jail operational position shall be in writing and furnished to each employee performing the function.

 

d)         Records

The sheriff or jail administrator shall assure that all records required by law or this Part are maintained and available for examination by staff of the Unit.

 

e)         Discrimination and Harassment

The jail administrator shall prohibit unlawful discrimination and harassment of employees, detainees and any other persons within the jail on the basis of race, gender, age, religion, national origin and disability, among other matters.

 

f)         A code of conduct shall be established that defines behavioral and ethical standards and shall be provided in writing to all staff, volunteers and contractual employees.

 

(Source:  Amended at 38 Ill. Reg. 18859, effective October 1, 2014)

 

Section 701.20  Personnel

 

a)         Jail Officer Staffing

 

1)         Each jail must have sufficient personnel to provide adequate 24-hour supervision of detainees.

 

2)         A jail administrator, qualified by training and experience to supervise staff and detainees, shall be appointed when the average daily jail population is expected to exceed 25.  If the average daily jail population is 25 or less, the sheriff may function as the jail administrator for purposes of this Part.

 

3)         No person shall be confined without an officer, awake and alert at all times, on continuous duty in the jail.

 

4)         If the jail has more than one floor of detention, one jail officer shall be required for each additional floor when 15 or more detainees are confined.  This minimum standard shall not apply to the midnight shift provided 30-minute supervisory checks are performed in accordance with Section 701.130.

 

5)         Supervision shall be provided by a person of the same gender, when feasible, during periods of personal hygiene activities such as showers and toileting.

 

6)         The use of necessary force by a jail officer of a gender other than that of a detainee is permitted.

 

b)         Personnel Rules

 

1)         Each jail officer working in direct contact with detainees shall have a thorough knowledge of rules and emergency procedures.

 

2)         Jail officers shall be thoroughly acquainted with all security features of the jail and the location and use of all emergency equipment and first aid supplies. The familiarization shall be documented.

 

3)         No jail officer shall recommend or furnish any advice concerning the retention of a specific lawyer; however, a list of local lawyers shall be made available.

 

(Source:  Amended at 38 Ill. Reg. 18859, effective October 1, 2014)

 

Section 701.30  Records

 

a)         Booking and Personal Record Information

A booking and personal record file for each detainee received shall be established and maintained in accordance with Section 701.40(k).

 

b)         Monthly Reports

 

1)         Each jail administrator shall submit to the Unit a monthly population report of the number of persons confined during the preceding month.  The report shall be made on the forms provided by the Department and shall include, at a minimum, the following information for adult males, adult females, juvenile males, juvenile females and the total number of:

 

A)        New bookings and the total number of days served for non-sentenced detainees.

 

B)        New regular sentences and the total numbers of days served of regular sentences.

 

C)        New work release sentences and the total number of days served of work release sentences.

 

D)        New weekend sentences and the number of days served of weekend sentences.

 

2)         Duplicate copies of the report shall be prepared.  The reporting jail shall maintain the original and forward the duplicate to the Department by the tenth day of the month following the report period.

 

c)         Extraordinary or Unusual Occurrences

 

1)         All extraordinary or unusual occurrences must be reported to the Unit by the jail administrator or his or her designee, utilizing the form supplied by the Unit.

 

2)         Reports shall be forwarded as soon as possible, but not to exceed three business days after the occurrence, and shall include, but not be limited to:

 

A)        Name and address of the jail.

 

B)        Date, time and type of occurrence.

 

C)        Information regarding any detainee involved in the occurrence, including name, date of birth, date confined and arresting charge.

 

D)        Information regarding any death, including the name of the deceased, the circumstances of the occurrence, and the date, time and specific cause of death.

 

E)        Information regarding any detainee that was transported to a hospital or medical facility for treatment and whether he or she was admitted as an inpatient or released.

 

F)         A summary of the facts and circumstances surrounding the occurrence.

 

G)        Any recommendations to prevent subsequent occurrences.

 

H)        Signature of the reporting officer and the date of the report.

 

3)         Extraordinary or unusual occurrences shall mean:

 

A)        Death, regardless of cause.

 

B)        Attempted suicide if hospitalization or medical treatment is required.

 

C)        Serious injury, including accidental or self inflicted injuries.

 

D)        Escape from confinement or attempted escape.

 

E)        Serious fire resulting in property damage, personal injury or evacuation.

 

F)         Any disturbance involving four or more individuals, a riot or a hostage situation.

 

G)        Battery of a staff member, visitor or volunteer.

 

H)        Battery of a detainee by a staff member.

 

I)         Battery of a detainee by another detainee if hospitalization or medical treatment is required.

 

J)         Sexual assault or attempted sexual assault.

 

K)        Occurrence of contagious or infectious disease or illness within the jail, excluding names of detainees or others involved.

 

L)        Discovery of firearms or weapons, as defined in Section 31A-0.1 of the Criminal Code of 2012 [720 ILCS 5/31A-0.1], in detainee living or program areas.

 

M)       A written or oral act of intimidation by a detainee on detainees or staff for which criminal charges result.

 

N)        Excessive use of force by staff.

 

O)        Involuntary administration of medication.

 

P)         Use of a control device, such as chemical agents, oleoresin capsicum (OC), electro-muscular disruption device, restraint chair, baton, etc.

 

Q)        Major property damage.

 

d)         Other Reports and Records

Each jail administrator shall submit such other reports or records pertaining to jail administration as required by the Department for those purposes as statistical reports.

 

(Source:  Amended at 38 Ill. Reg. 18859, effective October 1, 2014)

 

Section 701.40  Admission Procedures

 

a)         Posting of Rights

A Notice of Rights, available from the Unit, and jail rules and regulations shall be conspicuously posted in all receiving rooms and in common areas to provide maximum accessibility to detainees.

 

b)         Pat Down Search

Detainees shall be given an immediate pat down search.

 

c)         Legal Confinement Authority

The jail officer accepting persons for confinement must determine that each is being confined under proper legal authority.

 

d)         Identity

 

1)         The identity of the person being detained must be verified as the person named in the commitment documents.  Documents must become a part of the detainee's record.

 

2)         Each detainee must be photographed and fingerprinted.  These records shall be maintained in accordance with the Criminal Identification Act [20 ILCS 2630] and the Juvenile Court Act of 1987 [705 ILCS 405].

 

e)         Injuries

Any seriously injured, seriously ill or unconscious person must not be admitted to the jail until a medical examination has been conducted by a licensed physician, except when a properly staffed medical facility staffed by a physician or physician's assistant is a part of the jail.

 

f)         Strip Search

 

1)         A strip search shall be performed in an area that ensures privacy and dignity of the individual.  The individual shall not be exposed to the view of others who are not specifically involved in the process.

 

2)         Strip searches shall be conducted by a person of the same gender.

 

3)         All personal clothing shall be carefully searched for contraband.

 

4)         The probing of body cavities may not be done except when there is reasonable suspicion of contraband.  Intrusive searches may only be conducted:

 

A)        By a medically trained person who is not a detainee, for example, a physician, physician's assistant, registered nurse, licensed practical nurse or paramedic; and

 

B)        In a private location under sanitary conditions.

 

g)         Personal Property

 

1)         Each item of personal property, including any medication, taken from the detainee shall be identified and described on a property receipt in the presence of the detainee.

 

2)         A receipt shall be issued that shall include the signatures of the admitting officer and the detainee.  The original receipt shall be filed in the detainee's personal record file and the duplicate shall be given to the detainee.

 

3)         Medication shall be processed in accordance with subsection (j).

 

4)         All personal property of the detainee shall be securely stored until the detainee is released, discharged or transferred or the detainee approves, in writing, the release of his or her property to a designated person or its disposal.  The jail shall establish and maintain a policy for the disposal of abandoned property.

 

5)         Personal property released to a third party must have the detainee's authorizing signature and a signature of the receiving individual.

 

h)         Telephone Calls

 

1)         Detained persons shall be permitted to make a reasonable number of completed telephone calls, both local and long distance, to an attorney of their choice and to a family member or friend.  The calls should be afforded to the detainee as soon as practicable, generally within one hour after arrival.

 

2)         The expense for making a telephone call, if any, shall be borne by the detainee or the individual called.

 

3)         The date and time of telephone calls made during the admission process shall be documented.

 

i)          Physical and Mental Health Assessments

 

1)         The admitting officer shall observe the detainee for any obvious injuries or illnesses requiring immediate emergency medical care, rashes, unusual cough, high temperature, body pests and general mental status.  The officer shall determine by questioning whether the detainee:

 

A)        Has any medical condition that requires medical attention, such as dependence on drugs or alcohol, diabetes, epilepsy, allergies, asthma, heart condition, etc.;

 

B)        Has any indications of acute mental or emotional disturbance, mental illness, developmental disabilities or dual diagnosis;

 

C)        Is at imminent risk of self harm as determined by the use of an approved screening instrument or history of medical illness;

 

D)        Is on medication; and

 

E)        If female, is pregnant.

 

2)         Mental health screenings shall include either an assessment by a mental health professional or an assessment by a jail officer using an approved screening instrument for assessing mental health.

 

3)         When a detainee shows signs of or reports unusual physical or mental distress, he or she shall be referred to health care personnel as soon as possible.

 

A)        Detainees exhibiting psychiatric symptoms, such as acute psychotic features or mood disturbances, or detainees who have a known psychiatric history shall be evaluated by a mental health professional.

 

B)        Detainees exhibiting suicidal behavior or ideations shall be placed in a reasonable level of care that provides for their safety and stability.

 

j)          Medication

 

1)         Any medication in the possession of a detainee at admission shall be withheld until identification and verification of its proper use is obtained and documented by a licensed medical professional.  Medical staff shall obtain verification as soon as possible, no later than the time interval specified for administration of the medication on the prescription container.

 

2)         Medications shall be administered as prescribed.

 

k)         Booking and Personal Record Information

 

1)         A record or records for each detainee shall be established at the time of admission and shall be maintained throughout the period of confinement.  Expungement and sealing of booking and personal record information shall be made in accordance with Section 5.2 of the Criminal Identification Act [20 ILCS 2630/5.2].

 

2)         The record shall include:

 

A)        The detainee's name and social security number.

 

B)        Aliases and nicknames used by the detainee.

 

C)        The detainee's address.

 

D)        Marital status of the detainee.

 

E)        The detainee's age and date of birth.

 

F)         The name of the person to notify in case of an emergency, including that individual's address and telephone number.

 

G)        The detainee's physical description and characteristic marks, including any tattoos.

 

H)        The detainee's occupation.

 

I)         Education level attained by the detainee.

 

J)         The detainee's religion or religious preference.

 

K)        The holding offense.

 

L)        The date and time of admission and authority to detain.

 

M)       The name and title of officers presenting and receiving the detainee.

 

N)        The name and telephone number of the detainee's attorney.

 

O)        Previous arrest record and convictions of the detainee.

 

P)         The medical record of:

 

i)          The detainee's health and physical condition: at the time of admission; during confinement, including treatment and medication administered; and at the time of discharge; and

 

ii)         The detainee's medical and hospitalization insurance carrier and policy numbers.

 

Q)        Itemized record of the detainee's cash and other valuables, expenditures and receipts while in custody.

 

R)        The dates of temporary absences from the jail, the authority to be absent and the destination.

 

S)         A record of visitor's names and the dates of visits.

 

T)         A record of detainee misconduct and subsequent discipline administered.

 

U)        The case disposition, judge and court.

 

l)          Lice and Other Body Pests

Treatment, directed by the facility physician, shall be initiated immediately when body pests are detected.

 

m)        Showers

All detainees must shower or bathe when admitted.

 

n)         Cell Assignment

 

1)         The detainee shall be assigned to suitable quarters.

 

2)         Jail staff shall be responsible for cell assignment and shall consider, among other matters:

 

A)        The status of a new detainee, for example, pre- or post-trial detention, etc.;

 

B)        The detainee's gender, health, age, type of offense charged and prior record if known;

 

C)        Whether there are any accomplices or material witnesses already within the jail from whom the detainee should be separated; and

 

D)        Classification and separation criteria outlined in Section 701.70.

 

o)         Issued Items

 

1)         Detainees shall be issued clean bedding, a towel, necessary clothing and soap.

 

A)        Bedding shall consist of at least a mattress cover, flame retardant mattress and covering appropriate to the season of the year.

 

B)        The towel shall be made of cloth and be bath size.

 

2)         Detainees shall be permitted to purchase a toothbrush and dentifrice from the commissary unless furnished by the jail staff.  If the detainee is without funds in his or her possession, he or she shall be issued such items by jail staff.

 

3)         Detainees shall be held accountable for all jail property issued to them.

 

(Source:  Amended at 38 Ill. Reg. 18859, effective October 1, 2014)

 

Section 701.50  Orientation

 

a)         Orientation information shall be provided in a manner that the detainee is able to understand.  Special assistance shall be provided as needed.

 

b)         The detainee orientation shall include, but not be limited to:

 

1)         Information pertaining to rising and retiring, meals, mail procedures, including electronic mail procedures if allowed by the jail administrator, work assignments, telephone privileges, visiting, correspondence, commissary and medical care.

 

2)         Rules of conduct.

 

3)         Disciplinary procedures.

 

4)         Information regarding work, educational and vocational training programs, counseling and all social services.

 

5)         Procedures for making requests or entering complaints to the jail staff, judiciary or Unit personnel.

 

(Source:  Amended at 38 Ill. Reg. 18859, effective October 1, 2014)

 

Section 701.60  Release Procedures

 

a)         Identification

 

1)         Positive detainee identification shall be made by the releasing officer before discharge, transfer or release is effected.

 

2)         When a detainee is discharged or is released to the custody of another, a record shall be made of the date, time and the authority.

 

b)         Physical Inspection

Prior to final release or discharge, each detainee shall receive a physical inspection by a person of the same gender, when possible, and a record shall be made of any wounds or injuries.

 

c)         Contraband

Detainees being discharged, released or transferred shall be searched by a person of the same gender to prevent detainees from taking property that does not belong to them or other items of contraband as defined in Article 31Aof the Criminal Code of 2012 [720 ILCS 5/Art. 31A].

 

d)         Personal Property

All personal property and funds inventoried at the time of admission or added during the period of confinement and not transferred to a third party or expended during confinement, other than those legally confiscated, shall be returned to the detainee upon release.

 

1)         Items shall be carefully inventoried, or otherwise accounted for, with the releasing officer and the detainee signing the inventory form.

 

2)         A record of any maintenance medication, including the amount, released with an offender shall be documented.

 

3)         A copy of the itemized and signed receipt shall be maintained by the jail as a permanent record.

 

4)         Personal property of the detainee being transferred to another facility shall be inventoried and items to be transferred with the detainee shall be documented and turned over to the transporting officer in the presence of the detainee.  Personal property allowed by the receiving facility shall be transferred with the detainee.  Items not transferred shall be disposed of by the transferring facility in accordance with its procedures, for example, having a relative pick up items, mailing items to a person designated by the detainee, etc.

 

e)         Discharge of Mentally Ill Detainees

 

1)         When a mentally ill detainee is released, he or she shall be given a listing of community mental health resource addresses and telephone numbers and provided with the opportunity to receive a copy of the jail's mental health, medical and medication records.

 

2)         Linkage and after care may include a referral to a mental health provider, a prescription for medications, or a two week supply of prescribed medications.

 

f)         Transfers to the Illinois Department of Corrections

Pursuant to Sections 3-8-1 and 5-4-1 of the Unified Code of Corrections [730 ILCS 5/3-8-1 and 5-4-1], when a detainee is delivered to the custody of the Department, the following information must be included with the items delivered:

 

1)         The sentence imposed.

 

2)         Any findings of great bodily harm made by the court.

 

3)         Any statement by the court on the basis for imposing the sentence.

 

4)         Any presentence reports.

 

5)         Any sex offender evaluations.

 

6)         Any substance abuse treatment eligibility screening and assessment of the detainee by an agent designated by the State to provide assessments for Illinois courts.

 

7)         The number of days, if any, which the detainee has been in custody and for which he or she is entitled to credit against the sentence.  Certification of jail credit time shall include any time served in the custody of the Illinois Department of Human Services-Division of Mental Health or Division of Developmental Disabilities, time served in another state or federal jurisdiction and any time served while on probation or periodic imprisonment.

 

8)         State's attorney's statement of facts, including the facts and circumstances of the offenses for which the detainee was committed, any other factual information accessible to the State's Attorney prior to the commitment to the Department relative to the detainee's habits, associates, disposition and reputation or other information that may aid the Department during the custody of the detainee.  If the statement is unavailable at the time of delivery, the statement must be transmitted within 10 days after receipt by the clerk of the court.

 

9)         Any medical or mental health records or summaries.

 

10)         Any victim impact statements.

 

11)         Name of municipalities where the arrest of the detainee and the commission of the offense occurred, if the municipality has a population of more than 25,000 persons.

 

12)         All additional matters that the court directs the clerk to transmit.

 

13)         The mittimus or sentence (judgment) order that provides the following information:

 

A)        The criminal case number, names and citations of the offenses, judge's name, date of sentence and, where applicable, whether the sentences are to be served concurrently or consecutively;

 

B)        The number of days spent in custody; and

 

C)        If applicable, the calculation of pre-trial program sentence credit awarded by the court to the detainee, including, at a minimum, identification of the type of pre-trial program the detainee participated in and the number of eligible days the court finds the detainee spent in the pre-trial program multiplied by the calculation factor of 0.5 for the total court-awarded credit.

 

14)         A record of the detainee's time and his or her behavior and conduct while in the custody of the county.  Any action on the part of the detainee that might affect his or her security status with the Department, including, but not limited to, an escape attempt, participation in a riot, or a suicide attempt should be included in the record.

 

(Source:  Amended at 38 Ill. Reg. 18859, effective October 1, 2014)

 

Section 701.70  Classification and Separation

 

a)         Classification Information

Each facility shall have written guidelines for the classification of detainees that specify criteria and procedures for determining and changing the status, assignment or security of a detainee.  To determine each detainee's degree of security, housing, programs and assignments, the following items of information, to the extent available, shall be considered, among other matters:

 

1)         Gender.

 

2)         Age.

 

3)         Offense.

 

4)         Status; that is, pretrial, awaiting sentence or sentenced.

 

5)         Past criminal history, including known prior institutional history.

 

6)         Probation or parole status.

 

7)         Medical condition, including pregnancy, and treatment needs.

 

8)         Mental and emotional condition and needs.

 

9)         History of substance abuse.

 

10)         Sexual orientation, transgenderism and gender non-conformity.

 

11)         Academic and vocational needs.

 

12)         Special services and program needs.

 

13)         Detainee's attitudes regarding him or herself and his or her future.

 

14)         Gang activity.

 

15)         Physical size and stature.

 

b)         Separation by Category

 

1)         Gender

Male and female detainees, supervised under both the direct and indirect supervision options (see Section 701.130), must be housed separately by sight and sound.

 

2)         Age

Detainees under the age of 18 years and detainees 18 years of age and older, supervised under both the direct and indirect supervision options, must be housed separately by sight and sound.

 

3)         Witnesses

Persons being detained as witnesses, supervised under both the direct and indirect supervision options, shall be separated from detainees charged with an offense.

 

4)         Non-criminal

 

A)        Non-criminal detainees such as traffic violators, nonsupport cases, and persons charged with civil contempt who are supervised under the direct supervision option shall be kept separate by cell or detention room from detainees charged with criminal offenses.

 

B)        When possible, non-criminal detainees such as traffic violators, non-support cases, and persons charged with civil contempt who are supervised under the indirect supervision option shall be kept separate by detention room cluster or cell block from detainees charged with criminal offenses.

 

C)        When possible, misdemeanants and felons should be housed separately, except when the detainee's prior history warrants similar housing.

 

5)         Charged Detainees and Convicted Offenders

 

A)        Charged detainees who are supervised under the direct supervision option shall be separated from convicted offenders by cell or detention room.

 

B)        Charged detainees who are supervised under the indirect supervision option shall be separated from convicted offenders by detention room cluster or cell block.

 

6)         Mentally Ill, Developmentally Disabled, Dually Diagnosed or Emotionally Disturbed

 

A)        Detainees who are mentally ill, developmentally disabled, dually diagnosed or emotionally disturbed shall be housed or tiered and maintained under supervision as recommended by a mental health professional.

 

B)        Action shall be taken to transfer detainees who have been determined by mental health professionals to be severely mentally ill, developmentally disabled or emotionally disturbed to an appropriate facility. 

 

c)         Classification Review

Review of the detainee's security and assignment classification shall be conducted periodically, but at least every 60 days.

 

(Source:  Amended at 38 Ill. Reg. 18859, effective October 1, 2014)

 

Section 701.80  Housing

 

a)         Cell and Detention Room Space

 

1)         At least 50 square feet of floor space shall be provided in each cell, with a minimum ceiling height of eight feet.

 

2)         At least 64 square feet of floor space shall be provided for each detention room with a minimum ceiling height of eight feet.

 

3)         With regard to existing facilities built prior to July 1, 1980, the Department will not initiate legal action against a county if the only physical noncompliance relates to square footage of the individual cell or detention room.

 

b)         Cell or Detention Room Occupancy

All existing cells and detention rooms should be designated for a maximum of double occupancy (two detainees per cell or detention room).

 

c)         Cell or Detention Room Equipment

Each cell or room shall be equipped with:

 

1)         A rigidly constructed metal bed, with a solid or perforated metal bottom, securely anchored to the floor or wall or a concrete sleeping surface; a flame-retardant mattress with no inner springs; staph-check mattress covering; and bed covers suitable to the season.  A sleeping surface constructed of concrete may only be used if the construction design is approved in advance by the Department.  In determining whether to approve design of concrete beds, the Department will consider, among other matters, the architectural design, whether the concrete is solid, whether beds would be constructed in a manner that would not affect heating of the cell, whether the height and measurements are similar to a standard jail bed, and whether the location of the bed would restrict detainee movement.

 

2)         A washbasin with piped hot and cold water.

 

3)         A prison type toilet.

 

4)         Illumination sufficient to assure comfortable reading at desk level  (at least 20 foot-candles illumination at a height of three feet above the floor).  Light fixtures shall be tamper proof.

 

d)         Dormitory Space

 

1)         A dormitory is defined as a multiple occupancy room that is designed to hold more than two detainees who are screened prior to admission for suitability to group living.

 

2)         Floor space for dormitories shall be determined by the number of detainees each individual dormitory is designated to house.

 

A)        At least 50 square feet of floor space shall be provided per occupant.

 

B)        There shall be a clear floor to ceiling height of not less than eight feet.

 

e)         Dormitory Occupancy

 

1)         The measures outlined in Section 701.70  shall be followed prior to placement in a dormitory.

 

2)         Dormitories are to be utilized exclusively for persons who are suitable for group living.  It is suggested that the most likely candidates for dormitory style living are work releasees, weekenders, trustees, and sentenced misdemeanants (after intensive screening).

 

f)         Dormitory Room Equipment

Each dormitory shall be equipped with:

 

1)         A bed for each detainee made of rigidly constructed metal, with a solid or perforated metal bottom; the bed shall be securely anchored to the floor or wall.

 

2)         A washbasin with piped hot and cold water for every eight occupants.  A supply of disposable drinking cups shall be provided if the washbasin is not drinking fountain equipped.

 

3)         A prison type toilet for every eight occupants.

 

4)         A shower with piped hot and cold water for every eight occupants.

 

5)         Illumination sufficient to assure comfortable reading at desk level  (at least 20 foot-candles at a height of three feet above the floor).  Light fixtures shall be tamper proof.

 

6)         Securely anchored metal tables and chairs or benches.  Tables and chairs do not have to be securely anchored in direct supervision units provided that alternatives would not affect the safety and security of the facility or individuals.  Adequate seating shall be provided for detainees.

 

g)         Accessibility

Cells or detention rooms shall conform to current building and accessibility codes.  This standard is waived for existing structures.

 

h)         Day Room

Day rooms provide a place for meals to be eaten outside individual cells or detention rooms and for other approved activities.

 

1)         For existing structures, a day room area containing no less than 35 square feet must be provided in conjunction with each cell block or detention room cluster.  For new structures or major renovations of existing cell blocks or detention room clusters, a day room area containing no less than 35 square feet per cell or detention room must be provided in conjunction with each cell block or detention room cluster.

 

2)         Each day room shall be equipped with securely anchored metal tables and chairs or benches.  Tables and chairs do not have to be securely anchored in direct supervision units provided that alternatives would not affect the safety and security of the facility or individuals.  Adequate seating shall be provided for detainees.

 

i)          Showers

Showers shall be provided in each cell block area.

 

j)          Mirror

Cells and detention rooms shall contain a metal mirror anchored securely to the wall.

 

k)         Ventilation

Detention areas shall be comfortably heated and cooled according to the season with a system designed to eliminate disagreeable odors and to routinely provide temperatures within the normal comfort zone.

 

l)          Compliance

 

1)         All requirements of a physical nature shall be complied with by the jails.  However, if the Department has previously given written approval for final architectural plans for new construction or remodeling, new standards of a physical nature will not be enforced.

 

2)         Noncompliance relating to physical conditions that adversely affect the treatment of detainees with respect to their health and safety may be considered for further action under the provisions of Section 3-15-2(b) of the Unified Code of Corrections [730 ILCS 5/3-15-2(b)].

 

m)        Variances

 

1)         Variances connected with physical requirements may be granted by the Director of the Department for existing facilities for a specific period of time.  Variance expiration dates will be determined at the time granted.  Variance requests of an administrative nature will not be granted.  In determining whether to grant a variance, the Department will consider, among other factors, the nature of the standard, previous noncompliance, the cost, the population, the alternative means of complying with the intent of the standard, the length of time requested for the variance, the consequences if the variance is not granted, and the safety and security of the facility or individuals.

 

2)         The variance request must be in writing, signed by the sheriff, and pertain to a specific standard.  The request must describe the reasons for the variance; the period of time for the variance; any hardship the facility might experience by complying with the standard; plans to be implemented to eventually comply with the particular standard; and a statement that the variance would not adversely affect the health and safety of detainees or security of the jail.

 

3)         The approval or denial of a variance request will be returned by letter to the requesting governmental agency.

 

4)         The Director of the Department, at his or her discretion, may grant a renewal of the variance provided documentation is received from the governing body that indicates a good faith effort on its part to effect necessary actions to comply with the standard in question.

 

n)         Architectural Plans

Prior to new construction or remodeling, plans of detention facilities must be submitted to the Department for review and approval to ensure the physical plant conforms to the Department's construction standards.

 

1)         The architect's preliminary drawings and final plans and specifications must be submitted to the Department.

 

2)         To determine compliance with the requirements of the State of Illinois Executive Order 2006-5, Construction Activities in Special Flood Hazard Areas, a copy of the effective Federal Emergency Management Agency floodplain map clearly identifying the building site location and a statement of floodplain determination from an architect or engineer must be submitted to the Department.

 

3)         Subsections (c)(1), (3) and (4), (f)(6) and (h)(2) may be waived for those facilities exercising the Direct Supervision Option, as described in Section 701.130(a)(1), provided that alternatives would not affect the safety and security of the facility or individuals.

 

(Source:  Amended at 38 Ill. Reg. 18859, effective October 1, 2014)

 

Section 701.90  Medical and Mental Health Care

 

a)         Medical and Mental Health Services

All jails shall provide a competent medical authority to ensure that the following documented medical and mental health services are available:

 

1)         Collection and diagnosis of complaints.

 

2)         Treatment of ailments.

 

3)         Prescription of medications and special diets.

 

4)         Arrangements for hospitalization.

 

5)         Liaison with community medical facilities and resources.

 

6)         Environmental health inspections.

 

7)         Supervision of special treatment programs, such as alcohol and drug dependency.

 

8)         Administration of medications, including emergency voluntary and involuntary administration of medication, including psychotropic medication, and distribution of medication when medical staff is not on site.

 

9)         Maintenance and confidentiality of accurate medical and mental health records.

 

10)         Maintenance of detailed records of medical supplies, particularly of narcotics, barbiturates, amphetamines and other dangerous drugs.

 

b)         Physician, Mental Health and Dental Services

 

1)         A medical doctor shall be available to attend the medical and mental health needs of detainees. 

 

A)        Arrangements shall be made for provisions of emergency dental care as determined necessary by a dentist or a physician.

 

B)        Professional mental health services may be secured through linkage agreements with local and regional providers or independent contracts.  Linkage agreements and credentials of independent contractors shall be documented.

 

2)         General medical physician services may be provided by:

 

A)        Staff physicians;

 

B)        Contractual services; or

 

C)        A nearby hospital.

 

c)         Admission Examination

 

1)         All persons admitted to confinement shall undergo a physical assessment as prescribed in Section 701.40(i).

 

2)         Newly admitted persons suspected of having any type of communicable disease shall be isolated and an immediate referral shall be made to the jail physician for possible transfer to a medical facility unless the admitting facility can safely and effectively segregate and maintain a medically prescribed course of treatment.

 

3)         All detainees confined shall be given a medical screening by a medical doctor, a physician assistant, a nurse practitioner, a registered nurse or a licensed practical nurse within 14 days after confinement, and as required by a medical doctor thereafter.

 

d)         Sick Call

 

1)         A schedule shall be established for daily sick call.

 

2)         The names of those detainees reporting to sick call shall be recorded in the medical log.

 

3)         Detainees with emergency complaints shall receive attention as quickly as possible, regardless of the sick call schedule.

 

4)         Non-medical jail staff may issue over-the-counter medication, providing the attending physician gives prior written approval to the facility for such issue and the issue is made at the request of the detainee.

 

e)         Written Record or Log

A written record shall be maintained, as part of the detainee's personal file, of all treatment and medication prescribed, including the date and hour the treatment and medication is administered.  A written record shall be maintained of over-the-counter medication, for example, aspirin, cough medicine, etc., issued by jail staff.  A written record shall be kept of all detainees' special diets.

 

f)         Medical Security

 

1)         Security of medical supplies shall be maintained at all times.  Drugs, including over-the-counter medication, and other abusable medical supplies shall be secured and accessible only to designated staff.

 

2)         When a physician or other medical personnel attends patients at the facility, a jail officer shall be present to maintain order, prevent theft of medication, equipment or supplies, and to assure an orderly process.

 

3)         Detainees shall receive one dose of medication at a time and shall be required to ingest medication in the presence of a medical staff member or jail officer. Detainees may be approved by the jail administrator, in consultation with a physician or other medical professional, to retain life saving medication on his or her person.  Safety and security of the facility and detainee shall be considered before granting approval.

 

4)         Detainees shall not be assigned to work with or have access to medical supplies, patients, records or medications.

 

g)         First Aid Training

At least one member of the jail staff on each shift shall have successfully completed, and received biannual recertification from, a recognized course of first aid training, including cardiopulmonary resuscitation (CPR).

 

h)         Mental Health Training

Annually, jail officers and other personnel primarily assigned to correctional duties shall be trained on suicide prevention and mental health issues.  The training shall be approved or provided by a mental health professional.

 

1)         Suicide prevention training shall include the nature and symptoms of suicide; the specifics of identification of suicidal individuals through the recognition of verbal and behavioral cues, situational stressors, evaluation of detainee coping skills and other signs of potential risk; monitoring; evaluation; stabilization; and referral of suicidal individuals.

 

2)         Mental health training shall include the nature of mental illness; symptoms; specifics of identification of mentally ill individuals through the recognition of verbal and behavioral cues symptoms of mental illness, situational stressors, evaluation of detainee coping skills and other signs of potential risk; monitoring; evaluation; stabilization; and referral of the mentally ill detainee.

 

i)          First Aid Supplies

Those facilities not having a dispensary shall maintain a stock of first aid supplies for the treatment of cuts, bruises, sprains and other minor injuries.

 

j)          Tuberculosis (TB) Isolation

The following standards shall be followed for TB isolation rooms, where provided, and associated shower rooms.

 

1)         Supplied air to a room should be a continuous and constant volume. Variable air volume devices should be locked open.  Air flow should be measured and balanced to original building specifications.  The air supplied must be a minimum of six air changes per hour.

 

2)         Air returns shall be permanently sealed.

 

3)         All air from the room shall be exhausted to the exterior of the building.  Exhaust air volume in a room must always be greater than the supplied air volume.  Several rooms may be exhausted from one exhaust fan.

 

A)        Where feasible, the exhaust fan outlet at the exterior of the building shall be situated to prevent room air from being discharged near inhabited areas, building air intakes and exterior zones of stagnant or trapped air.

 

B)        Where the above is not feasible, room air should be directly exhausted through a high efficiency particulate air (HEPA) filtration system.  If a HEPA system is utilized, the system shall be installed and filters shall be replaced as recommended by the system manufacturer.

 

4)         An air pressure switch or sail switch should be placed in the exhaust air duct.  This switch should illuminate a red light at an occupied station when air flow in the duct is disrupted.  A sign should be placed next to the red light instructing individuals to call the maintenance department immediately when the red light is illuminated.  Facilities using a window exhaust fan or through wall unit shall install a similar indicator light showing loss of power.

 

5)         A differential air pressure gauge should be used to monitor each isolation room.  The gauge shall have two ports and shall be piped per the manufacturer's instructions.  One port shall be piped to the isolation room. The other shall be piped to the hallway outside that room.  The gauges shall be placed in a location where they are convenient to read, but are also protected from vandalism and damage.  They may require a cover or other protective device.  The staff shall be responsible for monitoring these gauges to ensure differential pressure is being maintained.

 

6)         Operable windows must be closed permanently or made inoperable.

 

7)         The corridor door to the isolation room must have a door closer installed.  The corridor door must not be allowed to remain in the open position when the room is occupied.

 

(Source:  Amended at 38 Ill. Reg. 18859, effective October 1, 2014)

 

Section 701.100  Clothing, Personal Hygiene, Grooming

 

a)         Cleanliness

 

1)         Mechanical washing and drying equipment and cleaning agents must be provided when detainees are required to supply and wear personal clothing.

 

2)         When clothing is provided by the jail, clean clothing shall be issued at least twice weekly.

 

b)         Grooming and Personal Hygiene

 

1)         Detainees without funds shall be provided necessary equipment and articles to maintain proper grooming and hygiene, when requested by the detainee.

 

2)         Bathing or showering shall be allowed three times weekly, except as amended by medical advice in individual cases.

 

3)         Absent safety and security concerns:

 

A)        Detained males shall be permitted to shave daily.  Shaving equipment and shaving soap shall be made available. Safety razors shall not be shared among detainees.  Battery powered or rechargeable personal grooming devices with razor heads may be used; however, the razor head must be sanitized after each use.

 

B)        Detained females shall be provided with shaving supplies appropriate for personal hygiene needs.

 

4)         Barber and beautician services shall be made accessible but must not violate required security measures.

 

5)         Female detainees shall be provided articles for feminine hygiene.

 

(Source:  Amended at 38 Ill. Reg. 18859, effective October 1, 2014)

 

Section 701.110  Food Services

 

a)         Meal and Food Service

 

1)         Food must be of sufficient nutritional value and provide a minimum of 1,800 to 2,000 calories for adults and 2,500 to 3,000 calories for juveniles per day.

 

2)         Food quantity must be sufficient to satisfy, within reason, the detainee's needs.

 

3)         Three meals shall be provided at reasonable and proper intervals, adhering to recognized breakfast, lunch and dinner schedules, with no more than 14 hours between the evening meal and next morning breakfast.

 

4)         A beverage other than water shall be served with each meal.

 

5)         Of the three meals provided for each 24 hours of detention, one shall be a balanced and complete hot meal.

 

6)         Special diets shall be adhered to when prescribed by jail medical staff.

 

7)         The jail administrator may elect to provide meals and food service by one or more of the following methods:

 

A)        Contract for catered food service.

 

B)        Provide frozen or otherwise pre-prepared meals that have been processed by the procedure required to produce a condition suitable for consumption.

 

C)        Food preparation and service in an on-site kitchen with food service staff who are employees of the facility.

 

8)         At least one full-time cook or the food service provider shall have food services sanitation manager certification from the Illinois Department of Public Health.

 

9)         Detainees may abstain from any foods the consumption of which violates their required religious tenets.

 

A)        Menu items may be substituted when a detainee's religious beliefs prohibit the eating of particular foods.

 

B)        The detainee may submit a written request to the jail administrator for an alternative diet.

 

C)        The jail administrator may confer with religious leaders or faith representatives in determining whether to grant any such requests.

 

b)         Menus

 

1)         Menus shall be preplanned and copies of the menu served shall be maintained for a period of three months.

 

2)         The menu shall be diversified so as to avoid the monotony of a standardized diet.

 

c)         Food Preparation and Service

 

1)         Food service operations, whether contractual or on-site, shall be conducted in conformance with the Illinois Department of Public Health Food Service Sanitation Code (77 Ill. Adm. Code 750).

 

2)         Detainees shall be screened by medical staff prior to commencing work in food services areas.

 

3)         Employees and detainees shall be visually evaluated at the beginning of each shift.  Any individual with boils, infected wounds or respiratory infections must be cleared by medical staff before being permitted to work in any food service area.

 

4)         Detainees working in food service shall be required to bathe and dress in clean work clothing provided by the jail prior to their daily work shift.

 

5)         The jail cook or kitchen staff must be familiar with security aspects of jail operation and be effective in training and supervising detainees in food services.

 

6)         Heated or insulated carts or trays capable of transporting food, beverages and eating utensils shall be utilized when the serving or dining area (cell, day room, etc.) is a significant distance from the kitchen and appropriate food holding temperatures would not otherwise be maintained.

 

7)         Food and drink, while being stored, prepared, displayed, served or transported, shall be protected from contamination by insects or foreign substances.

 

8)         Divided or compartmented trays shall be used for full meal service.  Food trays, dishes and eating utensils shall be removed from detainee's quarters (cell, day room, etc.) soon after the meal is finished and returned to the kitchen for proper washing and sterilizing or disposal.

 

9)         Openings to the outside shall be effectively protected against the entrance of rodents and insects by tight-fitting, self-closing doors, closed windows, screening, controlled air currents or other means.  Screens for windows, doors, skylights, transoms, intake and exhaust air ducts, and other openings shall be tight-fitting and free of breaks.  Screening materials shall be at least 16 mesh to the inch.

 

10)         Ranges, stoves and ovens shall be equipped with an accurate thermostat or temperature gauge and be in conformance with State or local fire codes pertaining to hood exhaust and fire suppression systems.

 

11)         A mechanical dishwasher that meets Illinois Department of Public Health standards (77 Ill. Adm. Code 750) is preferred, but in its absence:

 

A)        A three-compartment, stainless steel sink with drainboard is required:  one compartment for washing with hot water containing adequate soap or detergent; a second compartment for rinsing; and a third compartment for sanitizing with a chemical sanitizing agent or water with a temperature of no less than 170 degrees Fahrenheit.

 

B)        Dishes and trays shall be drain dried and not wiped dry.

 

12)         Dry stores such as flour, cereal, dried beans, peas, coffee and canned goods shall be stored in a cool, dry and well ventilated area, screened or otherwise protected against insects and rodents.  Containers used to store dry bulk quantities shall be lined with or have the interior coated with an acceptable impervious substance or plastic.

 

13)         Fresh fruits, vegetables, dairy products, meats and frozen foods shall be refrigerated.  All refrigerators and freezers shall be equipped with an accurate thermometer.  Frozen food shall be kept at or below zero degrees Fahrenheit.  Potentially hazardous food items shall either be stored frozen or at or below 41 degrees Fahrenheit. All perishable food shall be stored at temperatures that will protect against spoilage.

 

(Source:  Amended at 38 Ill. Reg. 18859, effective October 1, 2014)

 

Section 701.120  Sanitation

 

a)         General Requirements

 

1)         Non-carpeted floors shall be swept and mopped with detergent or a germicidal agent at least once daily.  Germicidal cleaning agents shall be used on all floors in toilet, shower and food service areas.

 

2)         Windows shall be clean.

 

3)         Openings to the outside shall be effectively protected against the entrance of rodents and insects with tight fitting self-closing doors. When appropriate, closed windows or screening may be utilized for protection against flying insects. Screening material shall not be less than 16 mesh to the inch.

 

4)         Forced air or other form of artificial ventilation in the living area shall provide at least 10 cubic feet of fresh or purified air per minute per person.

 

5)         Walls shall be kept clear of etched or inscribed graffiti or writing.

 

6)         Walkways and corridors shall be free of trash and debris.

 

7)         Mops and other cleaning tools and implements shall be thoroughly cleaned and dried after each use and securely stored in a well ventilated place under staff control.

 

8)         All detainee cleaning details shall be under the supervision of a jail officer.

 

b)         Facility Equipment

 

1)         Toilets, washbasins, shower stalls and sinks shall be thoroughly cleaned and sanitized each day with detergent and a germicidal agent.

 

2)         Trash and garbage shall be removed at least daily and disposed of in a sanitary manner.

 

c)         Facility Drinking Equipment

Drinking water shall be provided in cells, dormitories and recreation or day room areas and may be from a sink tap or, preferably, a sink spout (bubbler).

 

d)         Facility Supplies

 

1)         An adequate supply of clean clothing, bedding, towels, soap and cleaning supplies shall be maintained.

 

2)         Sheets, pillowcases and mattress covers shall be changed and washed at least once a week.

 

3)         Vinyl covered mattresses must be washed with hot water, detergent and disinfectant monthly or before reissue.

 

4)         Blankets shall be laundered, or otherwise sterilized, monthly or before reissue.

 

5)         Cotton or fiber filled mattresses or pads shall be aired and spray sanitized monthly or before reissue.

 

6)         A clean towel shall be issued each detainee at least twice weekly.

 

7)         Shaving and barber tools shall be thoroughly cleaned, disinfected using bleach or a germicidal agent, and secured.

 

e)         Facility Food Service

 

1)         The floors of all rooms in which food or drink is stored, prepared or served, or in which utensils are washed, shall be kept clean.

 

2)         All counters, shelves, tables, equipment and utensils with which food or drink come in contact shall be maintained in good repair and free of corrosion, cracks and chipped or pitted surfaces.

 

3)         Utensils shall be stored in a clean, dry place protected (covered or inverted) from flies, dust, overhead leakage and condensation.

 

4)         There shall be adequate plumbing facilities, in good working order, that meet applicable State plumbing codes or public health standards.

 

5)         The range cooking surface shall be scraped daily.  Hoods, vents and filters shall be cleaned regularly.

 

6)         All windows, walls and woodwork shall be kept clean.

 

f)         Body Pests

 

1)         Frequent inspection of living areas shall be made to aid in control of body pests.

 

2)         Immediate control or extermination measures shall be taken when body pest infestation occurs.  Control measures may include spraying or fumigation of equipment and building areas and spraying, controlled storage (to interrupt pest reproductive cycles), and laundering of bedding, clothing and other equipment.

 

g)         Pest and Vermin Control

A continuous and effective program of insect and rodent control and extermination shall be established and documented.

 

(Source:  Amended at 38 Ill. Reg. 18859, effective October 1, 2014)

 

Section 701.130  Supervision

 

a)         Shift Coverage

 

1)         There must be a sufficient number of officers present in the jail, awake and alert at all times, to provide supervision directly or indirectly while detainees are in custody.

 

A)        Direct supervision means direct and continuous supervision of detainees by a jail officer on a 24-hour basis.  The jail officer shall be in direct visual and oral contact with the detainees, without separation by security walls or other barriers.

 

B)        Indirect supervision means non-continuous direct visual and oral contact with detainees and may include separation by security walls or other barriers.

 

2)         A jail officer shall provide personal observation, not including observation by a monitoring device, at least once every 30 minutes.  A record of the observation shall be documented in the shift record.

 

3)         Dormitories housing more than 25 detainees must provide personal continuous observation by staff, not including observation by a monitoring device.

 

4)         Radio operators, who may perform jail officer duties such as 30-minute personal observation checks, shall have jail officer training in accordance with Section 701.10.

 

b)         Shift Record

A written record book or log with entries in ink or a time clock type record with electronic recorder shall be maintained by each jail officer assigned to cell block duty on each shift.  Entries shall show the time of each visit by the jail officer, his or her written or digital signature, and any relevant remarks such as incidents and activities occurring on the shift.

 

c)         Detainee Imposed Discipline Prohibited

No detainee shall be allowed to have authority or disciplinary control over anyone.

 

d)         Night Hours

 

1)         Detainees shall be locked in their individual cells between the designated times of lights out and arising in the morning, except for night work crews that are continuously supervised.

 

2)         Designated lights out time shall be determined by administrative policy but shall not be set earlier than 10:00 p.m.

 

(Source:  Amended at 38 Ill. Reg. 18859, effective October 1, 2014)

 

Section 701.140  Security

 

a)         Searches

Detainees permitted to leave the confines of the jail temporarily, for any reason, shall be thoroughly searched prior to leaving and before re-entering the jail.

 

b)         Supervision

Jail officers and other personnel assigned to jail duty must be trained in security measures and handling special incidents in accordance with Section 701.10.

 

c)         Facility Security Measures

Assistance of detainees in exercising security measures shall be prohibited.

 

1)         All jail locks, doors, bars, windows, screens, grilles and fencing shall be regularly and frequently inspected to ensure proper functioning and to detect and prevent escape efforts.

 

2)         All cell block doors and all doors opening into a corridor shall be kept locked, except when necessary to permit entry or exit.

 

3)         In cell block designs that include safety vestibules, two doors into the cell block shall not be unlocked and opened at the same time.

 

4)         Unoccupied cells, detention rooms and storage rooms shall be kept locked at all times.

 

5)         Backup personnel shall be notified and available when cell doors to living quarters are opened.

 

6)         Glass or unattached metal items shall not be permitted in the detention area.

 

7)         Trustees shall be carefully supervised and not be permitted unrestricted movement.

 

8)         Jail sections housing persons who are escape risks, suicidal or mentally disturbed or impaired, or who present special security concerns, shall be given appropriate care and supervision and checked more frequently than the standard 30-minute check.

 

9)         A master population record, computer printout or locator board shall be established and maintained at the control center, indicating the various jail sections and housing assignments.

 

10)         A documented inventory of all keys available to jail officers shall be made at the beginning of each shift.

 

11)         Random, unannounced, irregularly scheduled shakedowns of detainees and jail and detention areas shall be made to detect the presence of weapons and other contraband.

 

12)         Bars, walls, windows and floors of the jail and detention sections shall be regularly and frequently inspected and kept clear of large posters, pictures, calendars and articles of clothing that obstruct direct observation of detainee activity.

 

d)         Tools and Equipment

 

1)         All tools and equipment shall be inventoried and securely stored.

 

2)         The jail shall have a method of accounting for all tools and equipment issued, received and returned to secure storage.

 

3)         After use, tools and equipment shall be accounted for by the jail officer responsible and secured in the proper storage place.

 

4)         Eating utensils shall be accounted for after each meal and returned to the kitchen.

 

e)         Maintenance

Any damaged or nonfunctioning security equipment must be promptly reported and repaired.

 

f)         Access to Records by Detainee

No detainee shall be assigned work that requires access to any records of staff or persons currently or previously in detention.

 

g)         Population Count

A physical head count of all detainees shall be made and recorded at least three times daily.

 

h)         Key Control

 

1)         A record of all keys inventoried and issued shall be maintained.

 

2)         Jail keys must be stored in a secure key locker when not in use.

 

3)         There must be at least one full set of jail keys, separate from those in use, stored in a safe place, accessible only to designated jail personnel for use in the event of an emergency.

 

4)         Detainees, including trustees, shall not be permitted to handle, use or possess jail keys of any type.

 

i)          Firearms and Other Weapons

 

1)         No person, including law enforcement personnel, shall be permitted to enter any secure section of the jail with a gun or other weapon on his or her person.

 

2)         Weapons shall be stored in a secure and locked drawer, cabinet or container outside the security area.

 

3)         Reserve firearms, ammunition, control devices and other protective equipment shall be stored in a secured room (arsenal).

 

j)          Control Devices

Persons who may be authorized to use a control device, such as chemical agents, oleoresin capsicum (OC), electro-muscular disruption devices, restraint chairs, batons, etc., in accordance with the jail's written policy, shall be trained in the proper employment of the device.  Training shall be documented.

 

1)         Control devices shall be used only as a last resort to bring detainees under the necessary degree of control and only after thorough consideration of alternative means and of the hazards involved, including the physical characteristics of the area where it is to be used.  A record of the occurrence shall be documented.

 

2)         Detainees affected by the control device used shall be given a thorough medical examination and appropriate treatment immediately after security control has been gained.

 

k)         Emergency Power Source

 

1)         An emergency electrical power source shall be available in the event of a power failure.

 

2)         Emergency flashlights must have a six hour illumination capability.

 

(Source:  Amended at 38 Ill. Reg. 18859, effective October 1, 2014)

 

Section 701.150  Safety

 

a)         Pre-Planning

Each facility shall establish and maintain written procedures covering response to and drills for emergency situations, including, but not limited to, natural disasters and mass evacuation.  Jail staff shall be trained on the procedures.

 

b)         Fire Protection

 

1)         Based on the size of the facility, there shall be at least one fire extinguisher installed in the basement and on each floor for each 5,000 square feet of floor area.

 

2)         Extinguishers shall be readily accessible to staff but not detainees. The local fire department shall be contacted regarding the location, type and number of fire extinguishers.

 

3)         Extinguishers shall be examined not less than once each year and shall be tagged with the date of inspection and initials of the inspector.

 

4)         All jail personnel shall be familiar with the characteristics and operation of all types of extinguishers in the facility.

 

5)         Each jail shall prepare and post a fire plan requiring simulated fire drills, use of equipment, evacuation procedures and other requirements of the Fire Marshal.

 

c)         Emergency Exits

 

1)         The location of emergency exits shall be made known to all jail personnel and the keys for the doors shall be immediately available to jail staff.

 

2)         There shall be two exits from each floor of detention.  All means of egress shall be kept clean and open.

 

d)         Horseplay

Detainees shall be prohibited from engaging in wrestling, contact sports, horseplay or any activity likely to cause injury.

 

e)         Safety Orientation

Detainees who volunteer and are assigned to vocational tasks shall be given a safety orientation prior to participation.

 

(Source:  Amended at 38 Ill. Reg. 18859, effective October 1, 2014)

 

Section 701.160  Discipline

 

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.

 

b)         Distribution of Rules

 

1)         Every detainee shall be provided with the following:

 

A)        Rules and regulations governing behavior.

 

B)        Conduct constituting a penalty offense.

 

C)        Types and duration of penalties, including loss of visiting privileges, that may be imposed.

 

D)        Who may impose penalties.

 

E)        Authorized methods of seeking information and making complaints.

 

F)         All other matters necessary to enable the detainee to understand both his or her rights and obligations.

 

2)         The information in subsection (b)(1) shall be conveyed to the detainee in a manner he or she understands.  Special assistance shall be given as needed.

 

c)         Complaints

 

1)         Each detainee shall be permitted to make requests or complaints to the jail administration in written form, without censorship of substance.

 

2)         If not resolved at the local level, detainees may submit a complaint to the Unit.  A copy of the local decision must be attached to the complaint.

 

d)         Reporting of Violations

Jail officers who observe disciplinary violations shall submit a written report of the occurrence.

 

e)         Investigations and Penalties

 

1)         Decisions on investigations and penalties for disciplinary violations shall be made in accordance with disciplinary rules of the county jails.

 

2)         Supervisory staff shall conduct a review of the factors of an alleged minor rule violation within 24 hours after its occurrence.  The supervisor may modify the discipline taken.  Detainees segregated as a result of a minor rule infraction shall be informed by supervisory staff of the results of his or her review.  The detainee may submit a grievance to a higher authority.

 

3)         Segregation shall not exceed 72 hours for minor rule violations.

 

f)         Violation Classifications

Violations shall be classified as minor or major.

 

1)         Minor violations of conduct rules are those for which the penalty does not exceed a reprimand or the loss of privileges for more than 72 hours.

 

2)         Major violations are those for which the penalty may be more severe, such as loss of good behavior allowance, transfer to segregation or isolation confinement, transfer to a higher classification of custody, any other change in status that may adversely affect a detainee's time of release or discharge, or the filing of additional charges subject to prosecution.

 

g)         Prehearing Rules for Major Violations

 

1)         Someone other than the reporting officer shall conduct an investigation into the facts of the alleged misconduct to determine if a violation occurred and if there is cause to believe the alleged detainee committed the violation.  If cause exists, a hearing date shall be scheduled.  The hearing shall be convened in accordance with subsection (a)(2).

 

2)         No penalty shall be imposed until after the hearing, except that the accused may be segregated from the rest of the population or transferred to a different tier or cell block if jail authorities feel that the detainee constitutes a threat to other detainees, staff members, or to oneself or institutional order.

 

h)         Hearing Rules for Major Violations

 

1)         Rules governing major violations shall provide for a hearing on the alleged violation.

 

2)         The hearing shall be before an impartial officer or committee, which may include a public member.

 

3)         The accused shall be allowed to present evidence or witnesses in his or her behalf.  However, witnesses may be denied if their testimony would be irrelevant or cumulative or jeopardize the safety and security of the facility.

 

4)         The accused shall be allowed to pose questions to the hearing officer or committee to be asked of witnesses against the accused.

 

5)         When the accused has a disability that requires him or her to need special assistance, the issues are complex and it is unlikely he or she will be able to collect and present the necessary evidence, the aid of a fellow detainee or member of the staff shall be made available to the accused.

 

6)         The hearing officer or committee shall render the decision in writing setting forth the findings, the conclusion and any penalty imposed.  If the decision finds the accused did not commit the alleged violation, all reference to the charges shall be removed from his or her file.

 

7)         Findings of the hearing officer or committee shall be reviewed by the jail administrator or designee, who may accept the decision or reduce the penalty imposed.

 

i)          Disciplinary Findings and Penalty Imposition

 

1)         In reaching a decision regarding the type of discipline to be imposed, the hearing officer or committee shall evaluate the violation and the violator and choose the disposition that is most likely to promote conformance to normal standards of conduct.

 

2)         A restriction of privileges shall be carefully evaluated and assessed as it relates to the infraction and does not impose a secondary penalty on another person.

 

3)         Segregation shall be imposed only after lesser penalties have been considered.

 

4)         Detainees under 18 years of age who are in segregation must remain separated by sight and sound from detainees 18 years or older.

 

5)         Restricted diets and corporal punishment are prohibited.

 

6)         Forfeiture of good behavior allowance shall be assessed in conformity with Section 3.1 of the County Jail Good Behavior Allowance Act.

 

j)          Use of Restraints

Restraint devices, such as handcuffs, waist chains, leg irons, leg braces, straitjackets, etc., shall not be applied as a penalty.

 

1)         Excluding pregnant detainees held in a jail located in a county of 3,000,000 or more inhabitants or any female detainees in labor, restraints may be used on a detainee:

 

A)        As a precaution against escape during transportation.

 

B)        On medical grounds by direction of the physician.

 

C)        By order of the jail administrator in order to prevent a detainee from injuring others or to prevent a detainee from damaging or destroying property.

 

2)         Use of any type of restraints on a pregnant detainee being held in a jail located in a county of 3,000,000 or more inhabitants shall be prohibited unless otherwise provided by Section 3-15003.6 of the Counties Code [55 ILCS 5/3-15003.6].

 

3)         Use of any type of restraints on a female detainee who it has been determined is in labor shall be prohibited during transport to a medical facility for the purposes of delivery of a child.

 

4)         Use of leg restraints, shackles or waist restraints on any female detainee who it has been determined is in labor shall be prohibited.

 

5)         A written report shall be placed on file whenever restraint devices are applied in accordance with subsection (j)(1). Additionally, each individual case shall be reviewed at least once every 24 hours to determine the necessity for restraints.

 

6)         Psychotropic medicines shall not be used as a disciplinary device or control measure.

 

k)         Use of Force by Staff

Limitations on the use of force do not prohibit self defense, prevention of injury to another staff member or detainee, prevention of property damage, or efforts to subdue a recalcitrant or to thwart or prevent escape or attempt to escape.  The least force necessary under the circumstances shall be employed.

 

l)          Prosecution

When a detainee is alleged to have committed a crime, the facility shall document and refer the case to appropriate law enforcement officials for possible prosecution.

 

(Source:  Amended at 38 Ill. Reg. 18859, effective October 1, 2014)

 

Section 701.170  Employment of Detainees

 

Assigning detainees to perform one or more of a variety of jobs is acceptable, especially within the areas of housekeeping and maintenance, except that such assignment shall not:

 

a)         Violate any personal right or jail standard;

 

b)         Be hazardous or potentially dangerous to a detainee's life, limb, health, or state of well-being;

 

c)         Conflict with any law or ordinance, with standards of any regulatory agency, or with terms and agreements in a recognized trade union contract; or

 

d)         Endanger jail security or violate security classification or assignment policies.

 

(Source:  Amended at 21 Ill. Reg. 3835, effective April 1, 1997)

 

Section 701.180  Mail Procedures

 

a)         Scope

 

1)         A detainee may correspond with anyone in the free community provided the correspondence is not a known violation of any state or federal law, except:

 

A)        A detainee may be permitted to correspond with an individual who is incarcerated in another correctional or detention facility, provided joint prior approval of both chief administrative officers is obtained. Permission shall be based on safety and security concerns.

 

B)        A detainee may not correspond with jail employees, contracted staff or volunteers unless authorized in advance by the jail administrator.

 

2)         All mail must clearly identify the sender and include any identifying numbers.

 

b)         Incoming Mail

 

1)         Detainees may receive incoming mail subject to the procedures outlined in this subsection (b).

 

2)         All incoming, non-privileged mail shall be opened and inspected for contraband prior to delivery.

 

3)         Cashier's checks, money orders or certified checks shall be recorded in the detainee's personal property record, indicating the sender, amount and date or shall be deposited into the detainee's commissary fund account.  Personal checks and cash shall be returned to the sender, with a notification that funds may not be received in that form.

 

4)         Incoming mail containing contraband shall be held for further inspection and disposition by the jail administrator.

 

A)        Contraband received shall be labeled and a log shall be maintained indicating the date of receipt, the name and address of the sender, the name of the detainee to whom it is addressed, and the names and date of the persons handling the contraband.

 

B)        The appropriate law enforcement agencies shall be notified and the items shall be maintained in the event they are to be used as evidence in criminal proceedings or disciplinary action.

 

5)         All incoming mail shall be delivered promptly to the detainee.  A discharged or transferred detainee's first-class mail shall be forwarded to the detainee's forwarding address, if known.  If no forwarding address is available, mail shall be returned to the sender.

 

6)         A detainee shall not be allowed to open, read or deliver another detainee's mail without his or her permission.

 

7)         Detainees may receive books and periodicals subject to inspection and approval by jail personnel.  Packages may be received only if approved by administrative policy and remain subject to inspection before delivery to the detainee.

 

8)         The jail administrator or his or her designee may spot check and read incoming non-privileged mail when there is reason to believe that jail security may be impaired or mail procedures are being abused.

 

9)         When a detainee is prohibited from receiving a letter or portions of a letter, the detainee and the sender shall be notified in writing of the decision.

 

c)         Outgoing Mail

 

1)         Each detainee shall be permitted to send, at personal expense, an unlimited number of letters each week.

 

2)         Detainees may not send packages by mail, unless granted permission to do so by the jail administrator.  The detainee shall provide for the postage cost for mailing a package.

 

3)         Outgoing mail shall be clearly marked with the detainee's name and identification number.  Mail not clearly marked shall be returned to the sender if the sender's identity is known and, if not, the mail shall be destroyed.

 

4)         Outgoing mail shall be collected Monday through Friday and delivered to the U.S. Postal Service promptly.

 

5)         Outgoing non-privileged mail may be inspected and read.  Detainees shall submit all outgoing non-privileged mail in unsealed envelopes. Outgoing non-privileged mail received sealed shall be returned to the sender if the sender is identifiable.  If the sender cannot be identified, the mail shall be destroyed.  Outgoing non-privileged mail may be reproduced or withheld from delivery if it presents a threat to security or safety, including the following:

 

A)        The letter contains threats of physical harm against any person or threats of criminal activity or threats of blackmail or extortion;

 

B)        The letter contains information regarding sending contraband into or out of the facility, plans to escape, or plans to engage in criminal activity;

 

C)        The letter is in code and its contents cannot be understood by jail staff;

 

D)        The letter violates any jail rules or contains plans to engage in activities in violation of jail rules;

 

E)        The letter solicits gifts, goods or money from other than family members;

 

F)         The letter contains information that, if communicated, might result in physical harm to another;

 

G)        The letter contains correspondence with another detainee or offender or other unauthorized individual; or

 

H)        The letter or contents of the letter constitute a violation of State or federal law.

 

6)         The detainee shall be notified in writing of any outgoing mail withheld.

 

d)         Certified or Registered Mail

Each jail shall establish procedures for processing certified or registered mail.

 

e)         Outgoing Privileged Mail

Outgoing letters from detainees to persons or organizations listed in this subsection (e) and that are clearly marked as "privileged" shall be considered privileged mail and may be sealed by the detainee prior to submission for mailing.  Those letters shall not be opened by the jail staff before mailing and shall be dispatched promptly.

 

1)         Federal or Illinois legislators; Judges of any court or the Illinois Court of Claims or clerks of courts; the Attorney General of the United States and Illinois; the Director of the Federal Bureau of Prisons; and the Governor of the State of Illinois.

 

2)         The Director, Chiefs, Deputy Directors, or Assistant Deputy Directors of the Illinois Department of Corrections; the Chief of the Jail and Detention Standards Unit of the Illinois Department of Corrections; members of the Illinois Prisoner Review Board; and county sheriffs.

 

3)         Chief Executive Officers of the Federal Bureau of Investigation, the Drug Enforcement Administration, the Criminal Division of the Department of Justice, and the United States Customs Service, the Secret Service, the Illinois State Police and police departments in the State of Illinois.

 

4)         Any Illinois Inspector General.

 

5)         Clerks of the Courts or the Illinois Court of Claims.

 

6)         The John Howard Association.

 

7)         Registered attorneys.

 

8)         Any organization that provides direct legal representation to detainees, but not including organizations that provide referrals to attorneys, such as bar associations.

 

f)         Incoming Privileged Mail

Incoming privileged mail means mail from sources identified in subsection (e) except for clerks of courts.  Incoming privileged mail that is clearly marked as "privileged" may be opened only for the purpose of verifying the recipient and the sender and to ascertain that nothing other than privileged mail is enclosed.  Privileged mail shall be opened in the presence of the detainee.

 

g)         Electronic Mail

 

1)         The jail administrator may allow detainees to send or receive electronic mail. 

 

2)         If electronic mail service is allowed, a website with instructions shall be established through which electronic mail may be sent to detainees.

 

3)         Electronic mail shall be considered non-privileged and shall be subject to all inspection procedures of regular non-privileged mail. 

 

4)         If the electronic mail is determined to have improper content or compromise safety and security, the mail shall not be sent or delivered, as applicable, and a report of the occurrence shall be completed.  The report shall include the name of the detainee involved, name and email address of the other party, date and time the email was sent or received, and the reason for the rejection.  The report shall be dated and signed by the person making the determination.

 

5)         If a detainee is no longer in the custody of the jail at the time electronic mail is received, designated staff shall so notify the sender.

 

h)         Disciplinary Denial

No disciplinary restrictions shall be placed on a detainee's mail privileges.

 

(Source:  Amended at 38 Ill. Reg. 18859, effective October 1, 2014)

 

Section 701.190  Telephone

 

a)         Detainees may place at least one telephone call each week.  Additional calls may be permitted by the jail administrator.

 

b)         Detainees may be required to bear the expense of any telephone calls they make or to place only collect calls.

 

c)         A minimum of five minutes shall be allotted for each phone call.

 

d)         Telephone calls may be monitored unless prior special arrangements have been made to make or receive confidential telephone calls to or from the detainee's attorney.  A notice stating telephone calls may be monitored or recorded shall be posted by each telephone from which detainees may place calls.

 

e)         Rules governing the use of the telephone shall be established.  Violation of telephone rules may result in suspension of the detainee's use of the telephone for a designated period of time.

 

(Source:  Amended at 21 Ill. Reg. 3835, effective April 1, 1997)

 

Section 701.200  Visiting

 

a)         Visit Regulations

The jail administrator shall prescribe regulations relative to visits with detainees.

 

1)         Regulations shall provide a schedule identifying no fewer than two visiting days each week, one of which must be during the weekend.

 

2)         At least one visit per week per detainee shall be allowed, except when an individual detainee has been assessed a disciplinary penalty for a violation of a rule or regulation.

 

3)         Visits shall not be less than 15 minutes.  Extended visits may be granted by the jail administrator for visitors who travel great distances.

 

4)         Two or more persons permitted to visit at the same time shall count as a single visit.

 

5)         There shall be no age restriction on visitors when a child is accompanied by a parent or guardian.

 

b)         Visits by Attorneys, Probation Officers, Pretrial Service Officers and Clergy

 

1)         Attorneys, probation officers, pretrial service officers and clergy from recognized religious groups shall be permitted to visit detainees at reasonable hours other than during regularly scheduled visiting hours or periods.  These visits shall not count as an allotted visit.

 

2)         An area for interview between a detainee and his or her attorney, probation officer or pretrial service officer shall be provided and arranged so as to ensure privacy.

 

c)         Security Precautions

 

1)         All visitors shall be required to sign the visitor register or visitor card and provide identification before being permitted to visit a detainee.  Jail staff may interview or request background information from potential visitors to determine whether they pose a threat to safety or security of the jail.

 

2)         Detainees must be thoroughly searched before and after each visit, unless the visit is conducted via such means as video conferencing.

 

3)         Visitors and items brought onto jail property are subject to search and a search notice sign must be conspicuously posted.

 

4)         In jails where visiting is conducted in an open room or area, constant visual supervision by jail staff must be exercised.

 

(Source:  Amended at 38 Ill. Reg. 18859, effective October 1, 2014)

 

Section 701.210  Social Service Programs

 

Jails are encouraged to provide Social Service Programs and enlist volunteers, including groups such as Alcoholics Anonymous, Gamblers Anonymous, religious volunteers, and volunteer counselors or groups offering needed services, to participate in the jail programs.

 

(Source:  Amended at 21 Ill. Reg. 3835, effective April 1, 1997)

 

Section 701.220  Education

 

a)         Jails are encouraged to provide relevant educational programs that may include:

 

1)         Adult Basic Education Courses aimed at reducing the level of illiteracy by increasing individual reading vocabulary, encouraging writing skills, explaining basic arithmetic and providing an opportunity for detainees to learn more about community business and social activities that affect their lives.

 

2)         Elementary and High School Courses Depending upon the aim of the detainee, these courses may serve to provide knowledge related to a definite interest or be suitable for a continued educational program in the community after release.

 

3)         General Education Development (G.E.D.) courses to prepare qualified detainees for the G.E.D. test for a high school equivalency diploma.

 

4)         Correspondence Courses for both high school students and graduates can be arranged through local school districts, State colleges and universities.

 

5)         Social Education taught by instructors from local schools and colleges, volunteers from community agencies, and university students to instruct detainees in understanding self-concept, how to modify existing life style habits, and how to understand and relate to others.  Detainees, individually or in groups, can be introduced to acceptable methods of finding and getting a job.  They may also be introduced to vocational requirements such as proper work habits, job performance, personal relationships and keeping a job.  Jail personnel can assist detainees in obtaining birth certificates and social security numbers, to find suitable employment after release, and to utilize the services of community agencies such as local unions, employment offices and private agencies or industries.

 

b)         Educational information and academic materials shall be permitted and made accessible to detainees.

 

c)         Vocational information and materials shall be permitted and made accessible to detainees, provided their presence does not jeopardize security.

 

(Source:  Amended at 38 Ill. Reg. 18859, effective October 1, 2014)

 

Section 701.230  Library

 

a)         Library services shall be made available to all detainees.  Library materials shall include up-to-date informational, recreational, legal, and educational resources.

 

1)         Detainee access to current Illinois Compiled Statutes shall be provided.

 

2)         Detainee access to current jail rules and regulations shall be provided.

 

b)         There shall be a written policy covering the library's day-to-day activities and schedule.

 

c)         Where the level of need does not require full-time library personnel, there shall be a jail staff person whose job assignment shall include responsibility for on-going development and maintenance of the library and liaison with a public library.

 

(Source:  Amended at 21 Ill. Reg. 3835, effective April 1, 1997)

 

Section 701.240  Religious Services

 

a)         Detainees shall be afforded an opportunity to participate in religious services and receive religious counseling.

 

b)         Detainees shall not be required to attend or participate in religious services or discussions.

 

(Source:  Amended at 21 Ill. Reg. 3835, effective April 1, 1997)

 

Section 701.250  Commissary

 

a)         Each jail may establish and maintain a commissary system to provide detainees with items or access to services approved by the Sheriff.

 

b)         No member of the jail staff shall gain personal profit, directly or indirectly, as a result of the commissary system.

 

c)         Prices charged detainees shall not exceed those for the same articles if sold in local community stores nor shall the prices charged for postal supplies exceed those for the same articles sold at local post offices.

 

d)         Commissary access shall be provided on a regularly scheduled basis and not less than once weekly.

 

e)         Net profits from the commissary system shall be used for education, recreation or other purposes within the jail for the benefit of detainees, as deemed appropriate by the Sheriff. Profits may be used for record keeping expenses of the commissary.

 

f)         Accurate accounting for all purchases, sales and expenditures of the commissary system, including phone services and, if provided, email access, shall be maintained.  An annual audit shall be arranged with the county auditor or county treasurer.

 

(Source:  Amended at 38 Ill. Reg. 18859, effective October 1, 2014)

 

Section 701.260  Recreation and Leisure Time

 

a)         All construction designs submitted for approval after publication of these standards must include an exercise room or yard of sufficient area to allow strenuous physical exercise.  A day room may be designated as an exercise room provided the minimum standards for exercise areas are met.

 

b)         The exercise area shall be appropriately equipped and utilized within the limitations of security requirements.

 

c)         Detainees shall be allowed in the exercise area for no less than one hour per day unless the jail administrator determines that participation in such activity by a particular detainee or group is harmful or dangerous to the security or morale of the facility.

 

d)         Recreation and leisure time activities should be planned and scheduled.

 

e)         Tools and material that could be used for unauthorized purposes must be carefully controlled.

 

(Source:  Amended at 38 Ill. Reg. 18859, effective October 1, 2014)

 

Section 701.270  Juvenile Detention

 

a)         Statutory Provisions

            Sections 5-3 and 5-7 of the Juvenile Court Act of 1987 [705 ILCS 405/5-3 and 5-7] state:

 

1)         "Delinquent Minor" means any minor who prior to his or her 17th birthday has violated or attempted to violate, regardless of where the act occurred, any federal or state law or municipal ordinance.

 

2)         "Detention" means the temporary care of a minor alleged or adjudicated as a person described in subsection (a)(1) of this Section who requires secure custody for his or her own or the community's protection in a facility designed to physically restrict his or her movements, pending disposition by the court for placement or commitment.  Design features which physically restrict movement include, but are not limited to, locked rooms and the secure handcuffing of a minor to a rail or other stationary object.

 

3)         "Juvenile Detention Home" means a public facility with specially trained staff that conforms to the County Juvenile Detention Standards (20 Ill. Adm. Code 702).

 

4)         Except as otherwise provided in subsections (a)(5) through (8) of this Section, no minor shall be detained in a county jail or municipal lockup for more than six hours.

 

A)        The period of detention is deemed to have begun once the minor has been placed in a locked room or cell or handcuffed to a stationary object in a building housing a county jail or municipal lockup.  Time spent transporting a minor is not considered to be time in detention or secure custody.

 

B)        Any minor so confined shall be under periodic supervision and shall not be permitted to come into or remain in contact with adults in custody in the building.

 

C)        Upon placement in secure custody in a jail or lockup, the minor shall be informed of the purpose of the detention, the time it is expected to last, and the fact that it cannot exceed six hours.

 

D)        A log shall be kept that shows the offense which is the basis for the detention, the reasons and circumstances for the decision to detain, and the length of time the minor was in detention.

 

E)        Violation of the 6-hour time limit on detention in a county jail or municipal lockup shall not, in and of itself, render inadmissible evidence obtained as a result of the violation of this 6-hour time limit.

 

F)         No minor under 16 years of age may be confined in a jail or place ordinarily used for the confinement of prisoners in a police station. Minors under 17 years of age shall be kept separate from confined adults and may not at any time be kept in the same cell, room or yard with adults confined pursuant to criminal law.

 

5)         If a minor age 12 or older is confined in a county jail in a county with a population below 3,000,000 inhabitants, then the minor's confinement shall be implemented in such a manner that there will be no contact by sight, sound or otherwise between the minor and adult prisoners.  Minors age 12 or older must be kept separate from confined adults and may not at any time be kept in the same cell, room, or yard with confined adults.  This subsection (a)(5) shall only apply to confinement pending an adjudicatory hearing and shall not exceed 36 hours, excluding Saturdays, Sundays and court designated holidays.  To accept or hold minors during this time period, county jails shall comply with all monitoring standards for juvenile detention homes promulgated by the Department of Corrections and training standards approved by the Illinois Law Enforcement Training Standards Board.

 

6)         To accept or hold minors, 12 years of age or older, after the time period prescribed in subsection (a)(5) of this Section but not exceeding 7 days including Saturdays, Sundays and holidays pending an adjudicatory hearing, county jails shall comply with all temporary detention standards promulgated by the Department of Corrections and training standards approved by the Illinois Law Enforcement Training Standards Board.

 

7)         To accept or hold minors, 12 years or older, after the time period prescribed in subsection (a)(5) or (6) of this Section, county jails shall comply with all programmatic and training standards for juvenile detention homes promulgated by the Department of Corrections.

 

8)         When a minor who is at least 15 years of age is prosecuted under the Criminal Code of 1961, the court may enter an order directing that the juvenile be confined in the county jail. However, any juvenile confined in the county jail under this provision shall be separated from adults who are confined in the county jail in such a manner that there will be no contact by sight, sound, or otherwise between the juvenile and adult prisoners. This subsection (a)(8) shall not apply in a county having more than 3 million inhabitants.

 

b)         Minimum Standards

            These standards apply to any juvenile remanded to the custody of the sheriff by legal authority after receipt of the written authorization of a probation officer or an officer of the court.

 

1)         All standards in the preceding Sections of this Part apply equally to minors except where prohibited by law or by the standards in this Part or where contrary to the added requirements or restrictions of Sections 701.280 and 701.290.

 

2)         Minors shall be kept separate by sight and sound from confined adults. There shall be no contact between confined adults and juveniles in the residential areas such as cells and detention rooms.  Non-residential areas such as entrances, corridors, elevators, booking areas, food service areas, and program areas may achieve separation through time-phasing of the non-residential areas.  The time-phasing shall be implemented so as to eliminate all but inadvertent or accidental sight or sound contact between juveniles and confined adults.

 

3)         A parent, legal guardian, or person with whom the minor resides shall be notified of the minor's detention if the law enforcement officer or court officer has been unable to do so.

 

4)         Records of all minors under 17 years of age must be maintained separate from the records of adult arrests.  Names of juveniles shall not be recorded in the same ledgers, jail registers, monthly population reports, or other records that are subject to public review.

 

5)         Records of minors shall not be open to public inspection nor shall their contents be disclosed to the public, except by order of the court or as otherwise outlined in Section 1-8 of the Juvenile Court Act of 1987 [705 ILCS 405/1-8].

 

6)         Minors shall, under the following conditions, be provided with supervision by a person of the same sex:

 

A)        During the performance of established procedures which require physical contact or examination such as body searches.

 

B)        During periods of personal hygiene activities and care such as showers, toileting, and related activities.

 

7)         Subsection (b)(6) of this Section does not prohibit the use of necessary force by a staff member of a sex other than that of a detainee.

 

8)         A periodic visual check of juveniles confined shall be made by personal observation, not including observation by a monitoring device. Periodic is defined to be a minimum of at least once every 15 minutes for the first six hours of detention and at least once every 30 minutes thereafter. Any minor subjected to segregation or isolation shall be visually checked at least every 15 minutes.

 

9)         Visual checks shall be recorded by a mechanical device or logged in ink indicating:

 

A)        Time of check;

 

B)        Signature of responsible person; and

 

C)        Any relevant remarks.

 

10)         Minors shall be assigned single occupancy cells or detention rooms.

 

11)         Detainees shall be provided with meals in accordance with Section 701.110 when they are detained during the facility's normal meal periods.

 

12)         Any evidence of child abuse shall be reported to the Illinois Department of Children and Family Services in accordance with 89 Ill. Adm. Code 300.

 

13)         Staff who will supervise youth pending an adjudicatory hearing shall be trained in the methods and techniques of juvenile care per standards approved by the Illinois Law Enforcement Training Standards Board.

 

14)         To accept and hold minors after 36 hours, excluding Saturdays, Sundays, and court designated holidays, but not to exceed seven days, including Saturdays, Sundays, and court designated holidays, the jail shall comply with the additional temporary standards for detention pending an adjudicatory hearing outlined in Section 701.280.

 

15)         To accept and hold minors beyond seven days, including Saturdays, Sundays, and court designated holidays, the jail shall comply with all programmatic and training standards outlined in 20 Ill. Adm. Code 702.

 

16)         To accept and hold minors under 17 years of age who have been prosecuted under the Criminal Code of 1961 and confined to a county jail as directed by court order, the jail shall comply with the additional standards outlined in Section 701.290.

 

(Source:  Amended at 21 Ill. Reg. 3835, effective April 1, 1997)

 

Section 701.280  Temporary Detention Standards

 

In addition to the standards in Section 701.270, the standards in this Section apply to any juvenile remanded to the custody of the sheriff who is being detained in excess of 36 hours for up to seven days.

 

a)         Each youth shall be offered a minimum of two hours of dayroom activity and at least one hour of physical activity daily, except when the youth's behavior:  endangers required security; jeopardizes the safety and well-being of staff and other detained youth; is a threat to oneself; or is likely to cause damage to property.

 

1)         Appropriate reading materials, table games in sufficient quantities, and radio or television or both shall be provided.

 

2)         Where appropriate facilities exist, outdoor activities shall be scheduled.

 

3)         This standard cannot be met by placing the youth in a room with a radio or television; it requires opportunities for appropriate social interaction by youth.

 

b)         Academic instruction shall be provided for a minimum of four hours per day, excluding weekends and holidays.  The academic instruction shall be appropriate to the educational needs of each individual youth, but must be provided in person by a trained teacher or tutor.  Arrangements for the instruction may be made through the local or regional school district.

 

c)         Access to medical, psychiatric, psychological, casework, and counseling services shall be provided as needed in individual cases.

 

d)         A daily visiting schedule shall be established which includes evening hours.  At least one visit a day shall be afforded.

 

e)         Visits from attorneys, clergy, social workers, probation officers or other persons professionally associated with a youth's case shall be permitted at reasonable non-scheduled hours.  These visits shall not count against any limitation which may be placed on the number of visits allowed.

 

f)         At least one telephone call a day may be placed or received.

 

g)         Every youth shall be provided with a copy of the written rules and regulations governing behavior which shall include:

 

1)         A description of conduct constituting a penalty offense;

 

2)         The types and durations of penalties which may be imposed;

 

3)         The method or conditions under which penalties may be imposed and persons authorized to impose discipline; and

 

4)         The process for seeking information and making complaints, including time frames for resolution of complaints and appeal procedures.

 

h)         Minor rule violations shall be reviewed by the jail administrator within 24 hours after the occurrence of the offense; major rule violations shall be reviewed by the jail administrator within 36 hours after the occurrence of the offense.

 

(Source:  Added at 21 Ill. Reg. 3835, effective April 1, 1997)

 

Section 701.290  Standards for Detention of Youths Prosecuted Under the Criminal Code of 1961

 

In addition to the standards in Section 701.270, the standards in this Section apply to any juvenile remanded to the custody of the sheriff who is being prosecuted under the Criminal Code of 1961.

 

a)         When a minor is delivered to the jail, a probation officer or such other public official designated by the court shall immediately investigate the circumstances and the facts surrounding the minor's being taken into custody. The jail officer accepting persons for confinement must determine that each is being confined under proper legal authority.

 

b)         A dayroom area with a minimum of 35 square feet per cell or detention room shall be provided for each cellblock or detention room cluster.

 

c)         Each youth shall be offered a minimum of eight hours daily of dayroom and recreation activity, except when the youth's behavior:  endangers required security; jeopardizes the safety and well-being of staff and other detained youth; is a threat to oneself; or is likely to cause damage to property.

 

1)         Appropriate reading materials, table games in sufficient quantities, and radio and television or both shall be provided.

 

2)         Recreation of an energetic nature shall be offered.  Where appropriate facilities exist, outdoor activities shall be scheduled.

 

d)         A regular schedule of academic instruction and related educational services appropriate to the needs of each individual shall be provided for those youth detained beyond 36 hours with arrangements made through the appropriate local school district.  Coeducational classes may be scheduled.

 

e)         Access to psychiatric, psychological, casework, and counseling services shall be provided as needed in individual cases.

 

f)         A liberal visiting schedule shall be established identifying no fewer than two visiting days each week, one of which must be during the evening hours and one during the weekend.  Visiting shall be permitted on all holidays.

 

g)         Visits from attorneys, clergy, social workers, probation officers or other persons professionally associated with a youth's case shall be permitted at reasonable non-scheduled hours.  These visits shall not count against any limitation which may be placed on the number of visits allowed.

 

(Source:  Added at 21 Ill. Reg. 3835, effective April 1, 1997)