20 Ill. Adm. Code | Title 20 Ill. Adm. Code — Corrections, Criminal Justice, and Law Enforcement

Chapter I Department of Corrections

Subchapter a Administration and Rules

Part 103 Public Relations

20 Ill. Adm. Code 103.10 Applicability

This Part applies to all divisions and offices within the Department.

History

Source: Amended at 29 Ill. Reg. 20413, effective December 1, 2005

20 Ill. Adm. Code 103.15 Responsibilities

a) Unless otherwise specified, the Director or Chief Administrative Officer may delegate responsibilities stated in this Part to another person or persons or designate another person or persons to perform the duties specified.

b) No other individual may routinely perform duties whenever a Section in this Part specifically states the Director or Chief Administrative Officer shall personally perform the duties. However, the Director or Chief Administrative Officer may designate another person or persons to perform the duties during periods of his or her temporary absence or in an emergency.

History

Source: Added at 20 Ill. Reg. 8311, effective July 1, 1996

20 Ill. Adm. Code 103.20 Legislative Communications

The Legislative Liaison shall be responsible for informing and communicating with the General Assembly, subject to approval of the Director.

20 Ill. Adm. Code 103.30 Public Information

The Department of Central Management Services Public Information Office shall be responsible for informing the public, employees, and news media regarding the Department's policies and programs and facilitating coverage of news events, subject to approval of the Director.

History

Source: Amended at 29 Ill. Reg. 20413, effective December 1, 2005

20 Ill. Adm. Code 103.40 News Media

a) Representatives of the media may be admitted to correctional facilities with approval of the Director. Access to facilities shall be limited to normal business hours whenever reasonable.

b) Requests for interviews with correctional employees shall be referred to the Director.

c) Face to face media interviews with committed persons under sentence of death shall not be permitted unless personally authorized by the Director. Other media coverage may be allowed by the Director or his or her designee. All such decisions shall be based upon, among other matters, the effect that an interview may have on the individual or other committed persons, and the effect upon safety, security, institutional order, or other penological concerns.

Media representatives may not photograph or interview a committed person without first obtaining his or her written consent, the written consent of his or her guardian if the committed person is under age 17, and the approval of the Director.
Members of the media may have access to committed persons under the same terms, conditions, and restrictions applicable to members of the general public.

d) Upon approval of a media request by the Director, the Director's office shall notify the Public Information Officer and the Deputy Director of the appropriate division.

History

Source: Amended at 20 Ill. Reg. 8311, effective July 1, 1996

20 Ill. Adm. Code 103.50 Speaking Engagements

a) Department staff are encouraged to accept speaking engagements before civic groups, professional organizations, and educational meetings, insofar as such assignments do not interfere with the administrative responsibilities of the employee. The Director shall be notified prior to any speaking engagement.

b) No fees or honoraria for personal use may be accepted by the individual making the presentation. If a sponsoring organization wishes to make a contribution, it shall be encouraged to donate to the Resident's Benefit Fund of a particular facility or to another fund, project, or purchase that will benefit the committed person population of a facility.

History

Source: Amended at 20 Ill. Reg. 8311, effective July 1, 1996

20 Ill. Adm. Code 103.60 Tours of Correctional Facilities

a) Tours of a correctional facility of the Department shall be subject to approval by the Chief Administrative Officer.

b) Tours of a maximum security facility shall be restricted to persons 17 years of age or over except upon approval by the Director.

c) Ex-offenders, relatives, or close friends of committed persons may tour a facility only upon prior written approval of the Chief Administrative Officer.

d) Visitors must remain with the touring group and the staff member conducting the tour. All visitors shall be required to abide by Department rules and procedures and the instructions of the employee conducting the tour.

e) Visitors shall be prohibited from political activities, including distributing any type of political or campaign material, while on State property.

History

Source: Amended at 29 Ill. Reg. 20413, effective December 1, 2005

Part 106 Research and Evaluation

20 Ill. Adm. Code 106.10 Applicability

This Part applies to all divisions of the Department and to any person or entity seeking to conduct a research or evaluation study within the Department of Corrections.

History

Source: Amended at 23 Ill. Reg. 5679, effective May 1, 1999

20 Ill. Adm. Code 106.12 Definitions

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

"Department" means the Department of Corrections.

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

History

Source: Added at 23 Ill. Reg. 5679, effective May 1, 1999

20 Ill. Adm. Code 106.15 Responsibilities

History

Source: Added at 23 Ill. Reg. 5679, effective May 1, 1999

20 Ill. Adm. Code 106.20 Requirements for Submitting Research Proposals

a) Any request to conduct research or an evaluation study involving former or present committed persons, employees, programs, or facilities, whether originating inside or outside the Department, shall be in writing and shall be submitted to the Director for review and authorization.

b) The person or entity requesting the research or study shall provide the following written documentation prior to approval of the request:

A formal research proposal including name(s) and vitae of the researcher(s); abstract of the project, including purpose, methodology, duration, the number of subjects, amount of time required for each subject, and dissemination plan; testing or measurement instrument; and Department resources to be utilized;
Sources of funding, grants awarded, or descriptions detailing intentions to respond to official requests for proposals;
Approval obtained from a Human Subjects Research Committee, where applicable;
A signed Research Agreement which shall contain a statement that any rights of privacy, informed consent, confidentiality, and protection from harm are met in accordance with accepted professional and scientific ethics and that the requirements of any applicable Illinois and federal law or regulation have and will continue to be met; and
Any other information deemed necessary to the authorization process.

History

Source: Amended at 23 Ill. Reg. 5679, effective May 1, 1999

20 Ill. Adm. Code 106.30 Criteria for Approval or Denial of Research Proposals

a) The request shall be reviewed to determine if the proposed study is ethical, feasible, methodologically sound, and relevant to the needs and goals of the Department.

b) Research requests may be denied for reasons which may include, among other factors, the nature and risk of the research, concern for security, and the level of demand on staff time and Department finances.

c) Research projects involving use of committed persons in medical, cosmetic, or pharmaceutical experiments shall not be permitted.

History

Source: Amended at 13 Ill. Reg. 19437, effective January 1, 1990

20 Ill. Adm. Code 106.40 Requirements for Conducting Research Projects

a) The researcher shall provide periodic reports on the progress of the research project as required. Any changes in the scope or methodology of the project shall be reported.

b) Permission to conduct the current study and any further research may be discontinued for, among other matters, violation of Department rules or security requirements or for violation of applicable Illinois or federal law or regulations. The factors to be considered in determining whether to discontinue a project shall include, but not be limited to, whether the violation was intentional; the seriousness of the violation; whether the project is placing greater demands on Department resources than originally stated; or whether the project has been expanded beyond the stated purpose and scope of the project.

c) Prior to publication of the results of a research project, the researcher shall provide copies of the material accepted for publication to the Department for informational purposes.

d) Following publication, additional copies may be provided for the Department without cost, if so specified in the signed Research Agreement.

History

Source: Amended at 10 Ill. Reg. 12574, effective August 1, 1986

Part 107 Records of Offenders

20 Ill. Adm. Code 107.10 Applicability

This Subpart applies to all correctional facilities within the Department and the Department of Juvenile Justice.

History

Source: Amended at 37 Ill. Reg. 1598, effective February 1, 2013

20 Ill. Adm. Code 107.15 Responsibilities

a) Unless otherwise specified, the Director or Chief Administrative Officer may delegate responsibilities stated in this Subpart to another person or persons or designate another person or persons to perform the duties specified.

b) No other individual may routinely perform duties whenever a Section in this Subpart specifically states the Director or Chief Administrative Officer shall personally perform the duties. However, the Director or Chief Administrative Officer may designate another person or persons to perform the duties during periods of his or her temporary absence or in an emergency.

History

Source: Amended at 20 Ill. Reg. 6745, effective May 5, 1996

20 Ill. Adm. Code 107.17 Definitions

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

"Department" means the Department of Corrections.

"Director" means the Director of the Department.

"Pre-Trial Program Sentence Credit" means the award of time to offset the length of sentence for an offender who has successfully completed a full-time, 60 day or longer substance abuse program, educational program, behavior modification program, life skills course, or re-entry planning provided by the county department of corrections or county jail during pre-trial detention prior to his or her current commitment to the Department, and as calculated at sentencing and included in the sentencing order.

History

Source: Amended at 37 Ill. Reg. 1598, effective February 1, 2013

20 Ill. Adm. Code 107.20 Required Admission Documents

a) When an offender is delivered to the custody of the Department, the following information must be included with the items delivered:

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] and Section 5-33 of the Juvenile Court Act of 1987 [705 ILCS 405/5-33]:

A) The sentence imposed.

B) Any finding of great bodily harm made by the court.

C) Any statement by the court of the basis for imposing the sentence.

D) Any pre-sentence reports.

E) Any sex offender evaluations.

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

G) The number of days, if any, that the offender has been in custody and for which he or she is entitled to credit against the sentence. Certifications 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.

H) State's Attorney's Statement

i) The State's Attorney's Statement of Facts, including:

• the facts and circumstances of the offenses for which the offender was committed;

• any other factual information in regard to the offender accessible to the State's Attorney prior to the commitment to the Department relative to the offender's habits, associates, disposition and reputation; or

• other information that may aid the Department during the custody of the offender.

ii) 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.

I) Any medical or mental health record or summaries.

J) Any victim impact statements.

K) The name of the municipalities where the arrest of the offender and the commission of the offense occurred, if the municipality has a population of more than 25,000 persons.

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

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, when 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 offender, including, at a minimum, identification of the type of pre-trial program the offender participated in and the number of eligible days the court finds the offender spent in the pre-trial program multiplied by the calculation factor of 0.5 for the total court-awarded credit.

A record of the offender's time and his or her behavior and conduct while in the custody of the county. Any action on the part of the offender 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.

b) If the required items listed in this Section are not received at the time of delivery of an offender, admission to the Department's facilities may be denied.

History

Source: Amended at 37 Ill. Reg. 1598, effective February 1, 2013

20 Ill. Adm. Code 107.100 Applicability

This Subpart applies to all correctional facilities within the Department and the Department of Juvenile Justice. However, none of the provisions contained in this Subpart apply to:

a) Persons who are committed to the Juvenile Division as delinquents;

b) Persons who are committed to the Department as a result of a finding of contempt; or

c) Persons who are serving sentences of periodic imprisonment.

History

Source: Amended at 37 Ill. Reg. 1598, effective February 1, 2013

Chapter I Department of Corrections

Subchapter a Administration and Rules

Part 107 Records of Offenders

20 Ill. Adm. Code 107.105 Responsibilities

History

Source: Amended at 20 Ill. Reg. 6745, effective May 5, 1996

20 Ill. Adm. Code 107.107 Definitions

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

"Compensatory Good Time" means the award of time used to offset the length of an indeterminate sentence, as calculated under the Statutory Good Time Calculations tables awarded at the rate of 7.5 days for each month in custody or on a prorated basis in accordance with the Prorated Compensatory Good Time table (see Section 107.120(c)).

"Day for Day Credit" means the award of time used to offset the length of an indeterminate sentence based upon the date the offender was sentenced, the date the offense was committed, and the remaining portion of the sentence to be served on or after February 1, 1978, as provided in Section 107.120.

"Department" means the Department of Corrections.

"Director" means the Director of the Department.

"Earned Discretionary Sentence Credit" means the award of additional earned sentence credit made on or after January 1, 2018 (effective date of PA 99-0938) to offset the length of an eligible sentence as determined at the sole discretion of the Director, or his or her designee, as set forth in Section 3-6-3(a)(3) of the UCOC.

"Earned Program Sentence Credit" means the award of time to offset the length of a determinate sentence for eligible offenders who have successfully participated in substance abuse programming, Correctional Industries assignments, vocational or academic educational programs, behavior modification programs, life skills courses, or re-entry planning on or after January 1, 2018.

"Program Sentence Credit" means the award of time to offset the length of a determinate sentence for eligible offenders who have successfully participated in substance abuse programming, Correctional Industries assignments, vocational or academic educational programs, behavior modification programs, life skills courses, or re-entry planning prior to January 1, 2018.

"Statutory Good Time" means the award of time to offset the length of a minimum and maximum indeterminate sentence for an offense committed prior to February 1, 1978, as calculated in accordance with the Statutory Good Time Calculations table (see Section 107.120(a) and (b)).

"Statutory Sentence Credit" or "Earned Statutory Sentence Credit" means the award of time to offset the length of a determinate sentence for an offense committed on or after February 1, 1978, pursuant to Sections 3-6-3(a)(2), (a)(2.1), (a)(2.3), (a)(2.4), (a)(2.5) and (a)(2.6) of the UCOC.

"Supplemental Sentence Credit" means the award of additional sentence credit made on or after June 22, 2012 but prior to January 1, 2018 to offset the length of sentence based on the offender's good conduct as determined at the sole discretion of the Director, or his or her designee, as set forth in Section 3-6-3(a)(3) of the UCOC.

"UCOC" means the Unified Code of Corrections [730 ILCS 5].

History

Source: Amended at 43 Ill. Reg. 3217, effective March 1, 2019

20 Ill. Adm. Code 107.110 Diminution of Felony Sentences

a) Offenders serving indeterminate sentences shall appear before the Prisoner Review Board prior to their parole eligibility date after having served their minimum sentence or 20 years (whichever is less), less applicable statutory good time, compensatory good time, and day for day credit.

b) In the event an offender must serve the maximum indeterminate sentence, he or she shall be released after serving the maximum of the sentence, less applicable statutory good time, compensatory good time, and day for day credit.

c) An offender serving a determinate sentence shall be released after serving his or her determinate sentence, less any applicable credit awarded or earned in accordance with this Part.

History

Source: Amended at 43 Ill. Reg. 3217, effective March 1, 2019

20 Ill. Adm. Code 107.120 Good Time Schedules and Sentence Credit Applicable to Felony Sentences

a) Statutory good time on indeterminate sentences, with reference to the minimum and maximum sentences, shall be calculated in accordance with the following table for offenders sentenced prior to June 1, 1977, if the schedule contained in the table would be more beneficial to the offender than awarding day for day credit as of February 1, 1978.

Statutory Good Time Calculations for Those

Sentenced Prior to June 1, 1977*

SENTENCE

TIME TO BE SERVED

1st year

11 months

2nd year

1 year and 9 months

3rd year

2 years and 6 months

4th year

3 years and 2 months

5th year

3 years and 9 months

6th year

4 years and 3 months

7th year

4 years and 9 months

8th year

5 years and 3 months

9th year

5 years and 9 months

10th year

6 years and 3 months

11th year

6 years and 9 months

12th year

7 years and 3 months

13th year

7 years and 9 months

14th year

8 years and 3 months

15th year

8 years and 9 months

16th year

9 years and 3 months

17th year

9 years and 9 months

18th year

10 years and 3 months

19th year

10 years and 9 months

20th year

11 years and 3 months

*AGENCY NOTE: On the maximum sentence, six months of statutory good time is earned for each additional sentence year.

b) Statutory good time on indeterminate sentences, with reference to the minimum and maximum sentences, shall be calculated in accordance with the following table for all persons sentenced to the Department on or after June 1, 1977, but prior to February 1, 1978, for establishing the time credit for that portion of the sentence that was served prior to February 1, 1978.

Statutory Good Time Calculations for Those

Sentenced On or After June 1, 1997*

SENTENCE

TIME TO BE SERVED

1st year

9 months

2nd year

1 year and 6 months

3rd year

2 years and 3 months

4th year

3 years

5th year

3 years and 9 months

*AGENCY NOTE: Three months statutory good time shall be earned for each additional sentence year.

For those offenders whose sentences are calculated under the table in subsection (b), the remaining portion of the sentence served on or after February 1, 1978 shall be credited with day for day credits.
For an offender who is sentenced on or after June 1, 1977, but prior to February 1, 1978, for an offense committed prior to June 1, 1977, the table in subsection (a) shall be used if it would be more beneficial to the offender in calculating the minimum or maximum sentence or both.

c) Compensatory good time shall be earned on those indeterminate sentences or portions of a sentence that are calculated under the statutory good time tables. Compensatory good time shall normally be awarded at the rate of 7.5 days for each month in custody. Offenders shall receive compensatory good time on a prorated basis during the month placed in and released from custody in accordance with the following table.

Prorated Compensatory Good Time

__INCOMING FELONS

RELEASED FELONS_

Day of Month Received

Days

Credit

Scheduled Date of Release

Days

Credit

New Release Date

2 - 4

1 - 4

5 - 9

4 - 8

10 - 14

8 - 12

15 - 19

12 - 16

20 - 24

16 - 20

25 - 28

20 - 23

29 plus

d) Offenders shall not be eligible to receive compensatory good time against that portion of their sentence that is calculated under day for day credit provisions.

An offender shall not be awarded compensatory good time for any month during which he or she is reported by his or her work or program supervisor for carelessness, negligence, or refusal to work, providing that not awarding compensatory good time is recommended by the facility's Adjustment Committee and approved by the Chief Administrative Officer. No offender shall lose any compensatory good time because he or she was unable to work or participate in a facility program through no fault of his or her own.
Any offender placed in segregation or confinement for a period of 3 days or more during a given month pursuant to a hearing before an Adjustment Committee shall not be awarded compensatory good time for that month. However, no person shall lose compensatory good time for more than one month pursuant to such a hearing unless he or she is placed in segregation or confinement for at least 10 additional days during the second and subsequent months.
Any offender placed on investigative status shall receive compensatory good time for that month if the investigation findings indicate that the offender did not commit a violation.
Every offender assigned to a transition center shall be credited with compensatory good time unless an Adjustment Committee finds that he or she has violated disciplinary rules.
Awarded compensatory good time may not be revoked.

e) Day for day credit, with reference to the minimum and maximum sentences, shall be calculated by awarding one day of credit for each day served for all offenders sentenced on or after February 1, 1978, if the credit would be more beneficial to the offender than statutory good time and compensatory good time credit.

f) Statutory sentence credit, with reference to determinate sentences entered on or after February 1, 1978, for offenses committed prior to June 19, 1998, shall be calculated by awarding one day of statutory sentence credit for each day served.

g) Statutory sentence credit, with reference to determinate sentences for offenses committed on or after June 19, 1998 but prior to January 1, 2018, or earned statutory sentence credit, with reference to determinate sentences for offenses committed on or after January 1, 2018, shall be awarded in accordance with the Truth in Sentencing provisions of Section 3-6-3 of the UCOC.

h) Any offender convicted of a sex offense, as defined in the Sex Offender Registration Act [730 ILCS 150], that was committed on or after June 1, 2008, shall receive no statutory sentence credit or earned statutory sentence credit unless he or she successfully completes or is participating in sex offender treatment. However, if the offender is on a waiting list for treatment but is unable to participate due solely to lack of Department resources, he or she may be awarded statutory sentence credit or earned statutory sentence credit at the discretion of the Director.

History

Source: Amended at 43 Ill. Reg. 3217, effective March 1, 2019

20 Ill. Adm. Code 107.130 Consecutive Sentences

a) Consecutive sentences shall be aggregated and treated as though they are a single term.

b) Offenders serving consecutive sentences, one or more of which is indeterminate, shall receive statutory good time under the most beneficial table in effect on or after the commission of the crime. Compensatory good time shall also be credited to consecutive sentences. As of February 1, 1978, the remaining portion of the minimum or maximum sentence shall be calculated under day for day credit provisions unless the statutory and compensatory good time provisions would be more beneficial to the offender.

History

Source: Amended at 37 Ill. Reg. 1598, effective February 1, 2013

20 Ill. Adm. Code 107.140 Concurrent Sentences

When an offender already subject to a sentence receives one or more concurrent sentences, he or she shall receive credit on the subsequently imposed sentences from the date of sentencing.

History

Source: Amended at 37 Ill. Reg. 1598, effective February 1, 2013

20 Ill. Adm. Code 107.142 Earned Discretionary Sentence Credit

Offenders committed to the Department may be eligible to receive earned discretionary sentence credit for good conduct in addition to other credit awarded in accordance with this Part. The award of earned discretionary sentence credit shall be at the sole discretion of the Director, or his or her designee, and shall be awarded in accordance with the provisions of Subpart C.

History

Source: Amended at 43 Ill. Reg. 3217, effective March 1, 2019

20 Ill. Adm. Code 107.145 Earned Program Sentence Credit

Individuals in custody who are enrolled in full-time substance abuse programs, Correctional Industries assignments, vocational or academic educational programs, behavior modification programs, life skills courses, re-entry planning, self-improvement programs, approved volunteer activities, work assignments or Adult Transition Center (ATC)/work release programs approved by the Department may be eligible to receive earned program sentence credit in addition to other credit awarded in accordance with this Part. Earned program sentence credit shall be awarded at the applicable rate for each day during which program goals have been achieved in accordance with Subpart F.

History

Source: Amended at 46 Ill. Reg. 19974, effective November 29, 2022

20 Ill. Adm. Code 107.150 Revocation of Time and Credit

a) Any offender who is found guilty of misconduct or violating departmental rules or the terms of parole or mandatory supervised release may lose statutory good time, day for day credit, statutory sentence credit, earned statutory sentence credit, supplemental sentence credit, earned discretionary sentence credit, program sentence credit, or earned program sentence credit awarded in accordance with this Part.

b) Statutory good time may be revoked at the discretion of the Director, or his or her designee, upon the recommendation of the Adjustment Committee and the Chief Administrative Officer, or the respective Deputy Director.

c) Day for day credit, earned statutory sentence credit, statutory sentence credit, supplemental sentence credit, earned discretionary sentence credit, program sentence credit, and earned program sentence credit may be revoked at the discretion of the Director, or his or her designee, provided the cumulative revocation does not exceed 30 days during any 12 month period. If the amount of credit at issue exceeds 30 days, or when, during any 12 month period, the cumulative amount of credit revoked exceeds 30 days, the Department shall submit its recommendation for revocation to the Prisoner Review Board for approval.

d) When an infraction is committed or discovered within 60 days prior to an offender's scheduled release, the Department may revoke up to 30 cumulative days of day for day credit, statutory sentence credit, earned statutory sentence credit, supplemental sentence credit, earned discretionary sentence credit, program sentence credit, and earned program sentence credit without approval of the Prisoner Review Board. If the Department seeks to revoke more than 30 days, its recommendation for revocation of the additional credit shall be submitted to the Prisoner Review Board for approval.

History

Source: Amended at 43 Ill. Reg. 3217, effective March 1, 2019

20 Ill. Adm. Code 107.160 Restoration of Time and Credit

a) Statutory good time, day for day credit, statutory sentence credit, earned statutory sentence credit, supplemental sentence credit, earned discretionary sentence credit, program sentence credit, and earned program sentence credit may be restored by the Director, or his or her designee, either by his or her own action or upon the recommendation of:

The Administrative Review Board;
The Adjustment Committee and the Chief Administrative Officer; or
The respective Deputy Director.

b) In determining the restoration, the Director, or his or her designee, may consider, among other matters:

The nature of the incident that served as the basis for the revocation;
The disciplinary proceedings that led to the revocation;
The complete master record file of the offender;
Any specific report or recommendation made concerning the offender;
The offender's entire disciplinary record;
The assignment performance of the offender while in the custody of the Department;
The educational program or achievements of the offender while in the custody of the Department; and
The action of the offender in:

A) Saving the life of an employee or other offender;

B) Performing heroic service during a flood, tornado or act of God;

C) Volunteering for an exceptionally hazardous or dangerous assignment; or

D) Assisting in maintaining control during a general disturbance.

c) Day for day credit, statutory sentence credit, earned statutory sentence credit, supplemental sentence credit, earned discretionary sentence credit, program sentence credit, and earned program sentence credit may be restored at the discretion of the Director, or his or her designee, provided the cumulative restoration does not exceed 30 days during any 12 month period. If the cumulative amount of credit recommended for restoration exceeds 30 days, the Director, or his or her designee, shall submit the request for restoration to the Prisoner Review Board. The Board may not restore more credit to an offender than is recommended. Notification of the decision of the Director, or his or her designee, or the Prisoner Review Board shall be provided to the offender.

d) The offender may petition not more frequently than every three months through the Adjustment Committee for restoration of revoked time or credit, stating the rationale for restoration. If the Adjustment Committee recommends the restoration, the recommendation shall be forwarded through designated channels to the attention of the Director, or his or her designee. Notification of the Director's, or his or her designee's, decision shall be given to the offender.

History

Source: Amended at 43 Ill. Reg. 3217, effective March 1, 2019

20 Ill. Adm. Code 107.170 Institution Credits (repealed)

History

Source: Repealed at 13 Ill. Reg. 6992, effective May 1, 1989

20 Ill. Adm. Code 107.180 Misdemeanant Good Time Allowance (repealed)

History

Source: Repealed at 37 Ill. Reg. 1598, effective February 1, 2013

20 Ill. Adm. Code 107.190 Reporting of Earned Sentence Credit

a) The Department shall prepare an annual written report that identifies:

The number of offenders who have been awarded earned sentence credit in accordance with Subparts C and F;
The holding offenses of the offenders who have received an award of earned sentence credit;
The average number of earned sentence credit days awarded; and
The number of revocations of earned sentence credit.

b) The report shall be submitted to the Governor and General Assembly no later than February 1 annually.

c) Within 48 hours after submission to the Governor and the General Assembly, the Department shall make the report available on the Department's website.

History

Source: Added at 43 Ill. Reg. 3217, effective March 1, 2019

Chapter I Department of Corrections

Subchapter a Administration and Rules

Part 107 Records of Offenders

20 Ill. Adm. Code 107.200 Applicability

This Subpart applies to all correctional facilities within the Department and the Department of Juvenile Justice.

History

Source: Amended at 37 Ill. Reg. 1598, effective February 1, 2013

20 Ill. Adm. Code 107.205 Responsibilities

History

Source: Amended at 20 Ill. Reg. 6745, effective May 5, 1996

20 Ill. Adm. Code 107.207 Definitions

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

"Department" means the Department of Corrections.

"Director" means the Director of the Department.

"Meritorious Good Time" means the award of additional good conduct credit prior to June 22, 2012 to offset the length of sentence for offenders based upon meritorious service in specific instances deemed appropriate by the Director or his or her designee.

"Supplemental Sentence Credit" means the award of up to a maximum of 90 or 180 days sentence credit made on or after June 22, 2012 (effective date of PA 97-0697) but prior to January 1, 2018 (effective date of PA 99-0938) to offset the length of an eligible sentence based on an offender's good conduct as determined at the sole discretion of the Director or his or her designee.

History

Source: Amended at 43 Ill. Reg. 3217, effective March 1, 2019

20 Ill. Adm. Code 107.210 Awarding of Earned Discretionary Sentence Credit

a) The Director, or the Director's designee, may award eligible individuals in custody additional credit up to a maximum of 180 days for individuals serving a sentence of less than five years and a maximum of 365 days for individuals serving a sentence of five or more years in accordance with Section 3-6-3(a)(3) of the UCOC, for good conduct. However, individuals in custody shall not be eligible to receive earned discretionary sentence credit, supplemental sentence credit, meritorious good time, or an aggregation of these credits if the sentence credit:

is greater than the statutory maximum during one term of sentence; and
reduces the sentence to less than:

A) 85% for individuals in custody required to serve 85% of their sentence; or

B) 60% for individuals in custody required to serve 75% of their sentence, except for the offense of gunrunning, which shall not be reduced less than 75%.

b) In determining whether or not to award earned discretionary sentence credit, the Director, or the Director's designee:

Shall make a determination, either in written or electronic form, that the individual in custody:

A) Is eligible, based on the individual's holding offenses, to receive earned discretionary sentence credit;

B) Has served a minimum of 60 days of the individual's sentence in the custody of the Department; and

C) Has received a risk and needs assessment administered with a validated instrument;

May examine or consider, among other matters:

A) The complete master record file of the individual in custody, including, but not limited to, sentencing material including the facts and circumstances of the holding offense, disciplinary records, and reports or recommendations made concerning the individual in custody.

B) Results of an available risk and needs assessment analysis or an evaluation from a validated instrument.

C) History of conviction for forcible felony as provided in Section 2-8 of the Criminal Code of 2012.

D) The assignment performance of the individual in custody while in the custody of the Department.

E) Educational or program performance and achievements of the individual while in the custody of the Department.

F) Service to the Department, community or State.

G) Heroic action of the individual in custody such as saving the life of an employee or other offender.

H) The individual's commitment to rehabilitation while in custody.

c) The decision to award earned discretionary sentence credit shall be at the sole discretion of the Director or the Director's designee.

d) No individual in custody shall be eligible to receive earned discretionary sentence credit if the individual:

Is serving a term of natural life or has been sentenced to death;
Is serving a sentence for first degree murder and the offense was committed on or after June 19, 1998, or for the offense of terrorism committed on or after June 19, 1998;
Has been found guilty of a 100-level disciplinary offense under 20 Ill. Adm. Code 504 during the 12 months preceding the review; or
Has been found guilty of, or has a pending charge resulting from, a criminal offense committed during the individual's current term of incarceration. [730 ILCS 5/3-6-3]

e) No individual in custody whose court sentencing order recommends substance abuse treatment for offenses committed on or after September 1, 2003 shall be awarded earned discretionary sentence credit unless:

the individual participates in and completes a substance abuse treatment program; or
the Director waives the requirement to participate in or complete the treatment program in specific instances in which the individual in custody is not a good candidate for the program due to medical, programming or operations reasons. When substance abuse treatment is not available, offenders shall be placed on a waiting list for treatment. Individuals in Custody on a waiting list who are not placed in a substance abuse treatment program prior to release may be eligible for a waiver and receive earned discretionary sentence credit as determined by the Director or the Director's designee.

f) No individual in custody who has been convicted of a sex offense, as defined in the Sex Offender Registration Act [730 ILCS 150], committed on or after June 1, 2008 shall be awarded earned discretionary sentence credit unless the individual:

Successfully completes or is participating in sex offender treatment as defined by the Sex Offender Management Board (see 20 Ill. Adm. Code 1905); or
Receives a waiver due solely to lack of Department resources.

g) Habitual juveniles individuals in custody or violent juveniles in custody as defined in 705 ILCS 405/5-815 and 5-820 shall not be eligible for earned discretionary sentence credit.

History

Source: Amended at 49 Ill. Reg. 8578, effective June 12, 2025

20 Ill. Adm. Code 107.220 Reporting of Supplemental Sentence Credit (repealed)

History

Source: Repealed at 43 Ill. Reg. 3217, effective March 1, 2019

20 Ill. Adm. Code 107.230 Revocation and Restoration of Earned Discretionary Sentence Credit

Earned discretionary sentence credit may be revoked and restored in accordance with Subpart B.

History

Source: Amended at 43 Ill. Reg. 3217, effective March 1, 2019

20 Ill. Adm. Code 107.300 Applicability

This Subpart applies to all correctional facilities within the Department.

History

Source: Amended at 37 Ill. Reg. 1598, effective February 1, 2013

20 Ill. Adm. Code 107.305 Responsibilities

History

Source: Amended at 20 Ill. Reg. 6745, effective May 5, 1996

20 Ill. Adm. Code 107.307 Definitions

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

"Department" means the Department of Corrections.

"Director" means the Director of the Department.

History

Source: Amended at 37 Ill. Reg. 1598, effective February 1, 2013

20 Ill. Adm. Code 107.310 Access to Records

a) The master record files of offenders shall be confidential and access shall be limited to authorized persons. Offenders shall not be permitted access to their master record files except as expressly permitted by law, including this Subpart.

b) Medical records shall be disclosed to an offender or to his or her authorized agent upon receipt of a written request for the information and a release signed by the offender.

c) The medical records of a deceased offender shall be released upon presentment of a certified copy of the death certificate and:

Tender of letters of office and a signed release from the Executor or the Administrator of the person's estate; or
A Durable Power of Attorney for Health Care authorizing the release of the medical records to the agent and a signed release from the authorized agent; or
If no executor, administrator or agent exists:

A) An authorized relative certification and release signed by the authorized relative; or

B) A notarized affidavit of heirship and a release signed by the next of kin.

d) Personnel of other correctional, welfare, educational or law enforcement agencies may have access to an offender's files, as approved by the Chief Administrative Officer. The use and redisclosure of these files shall be consistent with applicable State and federal laws.

e) Access to the master record file of a person no longer in custody of the Department shall be provided in accordance with procedures applicable to offenders.

f) The Department may require payment of copying costs for any records produced.

History

Source: Amended at 37 Ill. Reg. 1598, effective February 1, 2013

20 Ill. Adm. Code 107.320 Disclosure of Master Record File Material for Youth Committed to the Juvenile Division – Court Agreement

a) Definitions

Youth – A person who is or has been committed to the Illinois Department of Corrections, Juvenile Division, pursuant to Section 5-33 of the Juvenile Court Act of 1987 [705 ILCS 405/5-33] or Section 5-8-6(c) of the Unified Code of Corrections [730 ILCS 5/5-8-6(c)]. This Section does not apply to record access for deceased youths.
Parent – The natural mother or father or an adoptive parent of a youth, except a natural or adoptive parent whose parental rights have been terminated by Sections 2-29, 3-30, 4-27, or 5-31 of the Juvenile Court Act of 1987 [705 ILCS 405/2-29, 3-30, 4-27, or 5-31] or Section 17 of the Adoption Act [750 ILCS 50/17].
Guardian – Individual(s) appointed by courts as guardian of the youth.
Authorized attorney – A lawyer authorized in writing by the youth to inspect and copy his or her master record file; or a lawyer appointed by a court as attorney for a youth.
Records subject to inspection and copying – This information is contained in the following documents: discharge order, face sheet, cancellation of warrants, warrants for apprehension, administrative-statewide transfer order, order of temporary transfer, dispositional order, court writs, preliminary hearing of parole violation, notice of charges, notification of alleged parole violations, police reports, report on youth's return to reception center, verification of birthdate, medical and dental records, reception center testing, academic assessments, vocational goals inventory, Department of Vocational Rehabilitation referrals, chronological recording of activities and treatment by counselor assigned, monthly staffing conference reports, physical exam, medications record, immunization cards, special concerns, consent for treatment, release of medical information, monthly progress reports, group life adjustment, daily conduct reports, achievements, summary letters to Prisoner Review Board, academic or vocational progress reports, program assignment record, institutional goals and treatment plan, performance agreements, commendation reports, reports of disciplinary action, letters to and from institution requesting information, trust fund records, youth's transfer request, medical referrals, administrative memos, unusual incident reports, clinical transfer orders or action requests, authorized absence requests-approvals, correspondence, youth advocate's reports, notice of eligibility for parole, requests for special action, medical restrictions, illness and injuries record, school transcript, Prisoner Review Board sheet, official notice of parole, special orders and orders rescinding parole, clothing inventory, and personal property inventory.
Records subject to inspection and copying with professional guidance – This information is contained in the following documents: assessment and assignment report, special case review, intake worksheet, social history, chaplain's reports, psychological evaluation and classification reports, psychiatric evaluation report, clinical correspondence and clinical reports from other agencies, psychiatric reports, administrative reviews, annual reviews, special case reviews, notice of eligibility of parole-narrative progress report, diagnostic treatment note(s), and psychological consultation referral(s).
Information not subject to inspection and copying by a youth, a parent or a non-institutional guardian – Information reported in records contained in a master record file, the disclosure of which a clinician certifies in writing would result in a specific harm to the youth, a parent or a non-institutional guardian.
Clinician – A psychiatrist, psychologist, or physician employed by the Department of Corrections.
Authorized personnel of the Department – All program or security personnel in the institutional or field services divisions of the Illinois Department of Corrections.
Other correctional, welfare and law enforcement agencies – Agencies designated in writing from time to time by the Director or the Deputy Director of the Juvenile Division of the Illinois Department of Corrections subject to Section 1-7 of the Juvenile Court Act of 1987, [705 ILCS 405/1-7].
Receiving agencies – A Department or agency to whom custody of a youth is transferred by administrative order to the Juvenile Division or by a court order.

b) Rights of and Limitations on Record Access

A youth, an authorized attorney, a parent, a guardian, personnel of other correctional, welfare or law enforcement agencies or receiving agencies may inspect and copy all records contained in the person's master record file, provided:

A) The youth consents in writing to the inspection and copying of such records by an authorized attorney, a parent or non-institutional guardian;

B) That information not subject to inspection and copying may be deleted from records otherwise available to a youth, a parent or a non-institutional guardian in accordance with procedures established in subsection (b) of this Section.

Authorized personnel of the Department may inspect and copy records.
All requests by the youth, authorized attorneys, parents and non-institutional guardians to copy or inspect file material shall be made in writing.
The Juvenile Division shall comply with all written requests for records subject to inspection and copying within 15 days, and with all written requests for records subject to inspection and copying with professional guidance within 30 days, upon payment of copying costs except where waived by the Department upon a showing of indigency by the youth, parent, non-institutional guardian, or authorized attorney.

c) Processing of Requests for Record Access

With regard to the master record files of youths in Illinois Youth Center facilities or on authorized absence from, or transferred to an Illinois Department of Mental Health and Developmental Disabilities facility from a Juvenile Division facility:

A) All written requests for inspection and copying should be directed to the Chief Administrative Officer of the Illinois Youth Center facility.

B) The youth's assigned counselor or other program staff person:

i) Will examine the records for information believed to be not subject to inspection and copying by a youth, a parent or guardian, and arrange for a clinician to review such records in accordance with procedures established in subsection (c)(4) of this Section.

ii) Will forward copies of the records to requesting authorized attorney, parent, or non-institutional guardian upon payment or waiver of the costs; provided that where only record inspection has been requested, the requesting party shall be notified of a date, time and place at which the records may be inspected; and a youth, a parent, or a non-institutional guardian will be notified of a date, time and place of a conference at which records subject to inspection and copying with professional guidance may be inspected or copied or both, and at which conference the counselor or other staff person will explain in detail the meaning of such records.

With regard to the master record files of youths currently on parole:

A) All requests for inspection and copying should be directed to the Chief Administrative Officer of the institution from which the youth was paroled.

B) The Chief Administrative Officer:

i) Will examine the records for information believed to be not subject to inspection and copying by youth, a parent or a guardian and arrange for a clinician to review such records in accordance with procedures established in subsection (c)(4) of this Section;

ii) Will forward copies of records to the requesting youth, authorized attorney, parent or non-institutional guardian upon payment or waiver of costs; provided that where only record inspection has been requested, the requesting party shall be notified of a date, time and place at which the records may be inspected; a youth, a parent, or a non-institutional guardian will be notified of a date, time and place of a conference at which records subject to inspection and copying with professional guidance may be inspected or copied or both and at which conference the correctional parole agent or other staff person will explain in detail the meaning of such records.

With regard to the master record files of persons formerly committed to the Juvenile Division:

A) All requests for inspection and copying should be directed to the supervisor of the microfilm center in Springfield.

B) The supervisor will contact the Chief Administrative Officer of the institution from which the youth was released or paroled.

A clinician shall examine all records submitted for review. If the clinician certifies in writing that the disclosure to a youth, a parent, or a non-institutional guardian of information would result in a specific harm to such individuals:

A) The information may be deleted from records inspected and copied by the individuals who would be harmed;

B) The clinician's certificate shall be attached to such records inspected and copied by all individuals.

The Juvenile Division shall maintain a record in each master file which indicates:

A) The parties who have requested to inspect or copy records from the master record file;

B) The records inspected or copied from the master record file.

d) Before this Section of the Subpart may be modified, the Legal Staff shall be consulted. This Section was promulgated pursuant to settlement of litigation by order of the court. It may not be modified without the approval of the court.

History

Source: Amended at 20 Ill. Reg. 6745, effective May 5, 1996

20 Ill. Adm. Code 107.330 Release of Clinical Records to Offenders and Authorized Attorneys (adult Facilities Excluding Transition Centers) – Court Agreement

a) Definitions

Offender – A person who is or has been in the custody of the Department.
Authorized Attorney – Any attorney authorized in writing by the offender to inspect and copy his or her clinical records.
Clinical Record – Any mental health record, maintained by the Department, prepared by a therapist in the course of providing mental health services to an offender. Clinical record does not include the therapist's personal notes, if those notes are kept in the therapist's sole possession for his or her own personal use and are not disclosed to any other person, except the therapist's supervisor, consulting therapist or attorney. If, at any time, the notes are otherwise disclosed, they shall be considered part of the offender's record for purposes of this Section. Clinical record does not include testing material used in the course of providing services if the disclosure of the material would compromise the objectivity or fairness of the testing process.
Information not subject to inspection and copying by a an offender – Information contained in clinical records, the disclosure of which a therapist certifies in writing is likely to result in physical harm to the offender, other offenders or Department employees, contractors or volunteers.
Therapist – A psychiatrist, physician, psychologist, counselor, social worker or nurse providing mental health services.
Mental Health Services – Psychiatric or psychological evaluation or treatment, or pharmaceuticals, or developmental disabilities programming.

b) Rights of and Limitations on Record Access

An offender or authorized attorney may have access to and copy all clinical records contained in any file maintained by the Department, provided:

A) The offender consents in writing to the access to and copying of the records by an authorized attorney; and

B) Information not subject to access and copying by an offender may be deleted from records otherwise available to an offender in accordance with procedures established in this Section. Information not subject to access and copying by an offender shall be made available to an authorized attorney provided the attorney agrees in writing not to disclose that information to the offender or any other person who may redisclose it to the offender.

All requests by the offender and authorized attorneys to inspect or copy clinical records must be made in writing and must contain a release of the Department and its employees from any liability to the offender as a result of disclosure or dissemination of the records or the information contained in the records, resulting from the access permitted to the authorized attorney or offender.
The Department shall comply with all written requests for records:

A) By promptly producing copies of records after either payment of copying costs by the offender or authorized attorney or a waiver of costs by the Department. Costs shall be waived upon a showing of the offender's indigency. The determination of indigency shall be made promptly by the officers to whom the written request is sent, in accordance with subsection (c)(1) of this Section; or

B) By promptly making the requested records available for inspection.

c) Processing of Requests for Record Access

All written requests:

A) With regard to the clinical records of offenders currently committed to a Department facility should be directed to the Chief Administrative Officer of the institution in which the person resides;

B) With regard to the clinical records of offenders on authorized absence from a facility or transferred to an Illinois Department of Human Services-Division of Mental Health or Division of Developmental Disabilities facility should be directed to the Chief Administrative Officer of the institution in which the person last resided;

C) With regard to the clinical records of offenders currently on parole or mandatory supervised release should be directed to the Chief Administrative Officer of the institution from which the offender was paroled or released; and

D) With regard to the clinical records of persons formerly committed to the Department should be directed to the supervisor of the Department's microfilm center in Springfield.

Upon receipt of the request for records, the records office supervisor, supervisor of the microfilm center, or a designee, shall either:

A) Promptly make the records available for inspection by the offender or authorized attorney; or

B) Promptly forward copies of the records to the offender or authorized attorney after payment or waiver of the costs.

The author of the reports or, if the original author is unavailable, a qualified therapist, may examine all records requested.

A) If the author or another therapist certifies in writing that the disclosure of information to the offender is likely to result in physical harm to the offender or other persons:

i) The information may be deleted from the records disclosed to the offender; and

ii) The author's or therapist's certificate shall be attached to the records inspected and copied by all persons.

B) If a document contains information certified to be likely to result in physical harm to the offender or others, only the information so certified may be deleted from the records disclosed to the offender.

The Department shall maintain a record in each offender's file that indicates:

A) The parties who have requested to inspect or copy clinical records; and

B) The clinical records inspected or copied.

d) Before this Section is modified, Department legal staff must be consulted. This Section was promulgated pursuant to settlement of litigation by order of the court. It may not be modified without approval of the court.

History

Source: Amended at 37 Ill. Reg. 1598, effective February 1, 2013

20 Ill. Adm. Code 107.340 Release of Clinical Records to Offenders and Authorized Attorneys (transition Centers)

All written requests for release of clinical records of offenders transferred to a transition center should be directed to the Chief Administrative Officer of the correctional facility in which the offender last resided. All other provisions of Section 107.330 regarding release of clinical records shall also apply.

History

Source: Amended at 37 Ill. Reg. 1598, effective February 1, 2013

20 Ill. Adm. Code 107.400 Applicability

This Subpart applies to correctional facilities within the Department.

History

Source: Amended at 37 Ill. Reg. 1598, effective February 1, 2013

20 Ill. Adm. Code 107.405 Responsibilities

History

Source: Amended at 20 Ill. Reg. 6745, effective May 5, 1996

20 Ill. Adm. Code 107.410 Definitions

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

"Criminal History Record Information" means information collected by criminal justice agencies on individuals, consisting of identifiable descriptions, which include name, gender, race, date of birth, Social Security Number, State Identification Number, Federal Bureau of Investigation (FBI) Number, and any other information used to determine the subject of the transcript; notations of arrests, detentions, indictments, information, or other formal criminal charges and any disposition arising from these actions; sentencing; and correctional supervision and release; but does not include juvenile history information, unless the juvenile was tried as an adult.

"Department" means the Department of Corrections.

"Director" means the Director of the Department.

History

Source: Amended at 37 Ill. Reg. 1598, effective February 1, 2013

20 Ill. Adm. Code 107.420 Right to Access and Review

All persons, including offenders, have the right to review copies of their Criminal History Record Information from local criminal justice agencies, any state and the Federal Bureau of Investigation, and to challenge the content of these records (see 42 USC 3789(f) and (g) and 28 CFR 20).

History

Source: Amended at 37 Ill. Reg. 1598, effective February 1, 2013

20 Ill. Adm. Code 107.430 Requests for Access and Review

a) A request to obtain access to and review Criminal History Record Information, local, state or federal, shall be made in writing to the office designated by the Chief Administrative Officer.

b) A staff member shall inform the offender of any applicable fees and assist the offender in completing and processing all applicable forms.

c) Upon receipt by the facility of the transcript of the Criminal History Record Information, the Department shall release the document to the offender.

History

Source: Amended at 43 Ill. Reg. 3217, effective March 1, 2019

20 Ill. Adm. Code 107.440 Challenge of Record

a) If an offender is not satisfied that his or her Criminal History Record Information is accurate, he or she may submit a written request to challenge the record.

b) A staff member shall advise the offender of the challenge, appeal and complaint process, and the Staff member shall assist him or her in preparing the appropriate forms for submission.

c) If the criminal history record is corrected, the offender may submit a written request for a listing of all non-criminal justice agencies that have received a copy of his or her criminal history record.

History

Source: Amended at 37 Ill. Reg. 1598, effective February 1, 2013

20 Ill. Adm. Code 107.500 Applicability

This Part applies to all correctional facilities within the Department and the Department of Juvenile Justice.

History

Source: Amended at 37 Ill. Reg. 1598, effective February 1, 2013

20 Ill. Adm. Code 107.505 Responsibilities

a) Unless otherwise specified, the Director, Chief Administrative Officer, or program administrator may delegate responsibilities stated in this Subpart to another person or persons or designate another person or persons to perform the duties specified.

b) No other individual may routinely perform duties whenever a rule in this Subpart specifically states the Director, Chief Administrative Officer, or program administrator shall personally perform the duties. However, the Director, Chief Administrative Officer or program administrator may designate another person or persons to perform the duties during periods of his or her temporary absence or in an emergency.

History

Source: Amended at 20 Ill. Reg. 6745, effective May 5, 1996

20 Ill. Adm. Code 107.510 Definitions

"Behavior Modification Program" means a program, approved by the Department, designed to provide offenders with the means to identify and alter undesired behavioral patterns.

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

"Correctional Industry Assignments" means work assignments in or job training conducted by Correctional Industries.

"Department" means the Department of Corrections.

"Director" means the Director of the Department.

"Earned Good Conduct Credit" means the award of time to offset the length of sentence for an offender who successfully completed an assigned substance abuse program, Correctional Industries assignment, or educational program prior to June 22, 2012.

"Earned Program Sentence Credit" means the award of time to offset the length of sentence for an eligible offender who successfully completes a substance abuse program, Correctional Industries assignment, educational program, behavior modification program, life skills course, or re-entry planning on or after January 1, 2018.

"Educational Programs" means courses of academic and vocational instruction offered to persons committed to the Department or courses of academic and vocational instruction approved by the Department.

"Higher Education Degree" means a bachelor's degree, master's degree, or professional degree.

"HSE Program Sentence Credit" means the award of 90 days credit to offset the length of sentence for an offender who passes the high school level test of High School Equivalency (HSE) while committed to the Department or while held in pretrial detention prior to the offender's current commitment to the Department.

"Instructional Day" means a day in which instruction is provided.

"Life Skills Course" means a program approved by the Department to promote personal skills to better prepare the offender for a productive return to society.

"Program Administrator" means the Education Facility Administrator or other persons designated by the Chief Administrative Officer to be responsible for determining satisfactory participation in programs subject to program sentence credit.

"Program Sentence Credit" means the award of time to offset the length of sentence for offenders who successfully complete a substance abuse program, Correctional Industries assignment, educational program, behavior modification program, life skills course, or re-entry planning program on or after June 22, 2012 but prior to January 1, 2018.

"Re-entry Planning Program" means a program approved by the Department that provides offenders with information on release procedures and the tools to assist them in a positive re-entry into society.

"Substance Abuse Program" means a program, approved by the Department, consisting of counseling, education or treatment for drug or alcohol abuse.

History

Source: Amended at 45 Ill. Reg. 4432, effective April 1, 2021

20 Ill. Adm. Code 107.520 Eligibility for Earned Program Sentence Credit

a) Individuals in Custody who, on or after January 1, 2018, are engaged full-time in substance abuse programs, Correctional Industries assignments, academic or vocational education programs, behavior modification programs, life skills courses, re-entry planning or ATC/work release programs provided or approved by the Department shall be eligible to receive earned program sentence credit at the rate of 1.00 credit per program day provided:

the individual is eligible to receive one day of statutory sentence credit for each day served on their sentence of imprisonment or recommitment as a parole or mandatory supervised release violator in accordance with Subpart B; and
the individual achieve the goals established by the Department within a specified time period.

b) Individuals in custody who, on or after July 1, 2021, are engaged in full time self-improvement programs, approved volunteer activities, or work assignments provided or approved by the Department shall be eligible to receive earned program sentence credit at the rate of 0.5 credits per program day provided:

the individual is eligible to receive one day of statutory sentence credit for each day served on their sentence of imprisonment or recommitment as a parole or mandatory supervised release violator in accordance with Subpart B; and
the individual achieves the goals established by the Department within a specified time period.

c) Individuals in Custody shall not be eligible to receive earned program sentence credit at the rate of 1.0 or 0.5 credits per day if:

the individual is assigned to a boot camp or electronic detention program; or
the individual is serving a sentence for an excluded offense under the provisions of Section 3-6-3(a)(4) of the UCOC; or
the individual is removed from the program for failure to comply with program requirements or for disciplinary reasons.

d) Individuals in Custody who are not eligible under subsection (a) or (b) who enroll full-time in an educational program approved by the Department shall be eligible to receive program sentence credit at the rate of 0.25 credits per day provided:

the individual is eligible to receive one day of statutory sentence credit for each day served on their sentence of imprisonment or recommitment as a parole or mandatory supervised release violator in accordance with Subpart B;
The offense for which the individual was convicted was committed on or after September 10, 1990 through August 10, 1993;
the individual has not been convicted of first degree murder, second degree murder, or a Class X felony;
the individual has not been convicted of a felony that was committed after a previous award of earned good conduct credit or program sentence credit;
the individual achieves the educational goals established by the Department within a specified time period; and
the individual is not removed from the program for failure to comply with program requirements or for disciplinary reasons.

e) Individuals in Custody serving a sentence for an offense committed prior to June 19, 1998, excluding individuals in custody serving a term of natural life imprisonment, may be eligible to receive earned 45 or 90 days of earned program sentence credit for programming completed prior to January 1, 2020 if:

the Department or an approved program provides documentation of successful completion of programming;
the individual in custody provides an affidavit or documentation that the individual engaged in and successfully completed full-time programming; or
a third party provides documentation or testimony that the individual in custody engaged in and successfully completed full-time programming.

f) Individuals in custody who are eligible for earned program sentence credit under subsection (e) that provide documentation of program participation in excess of 45 days shall receive 90 days of sentence credit.

g) Individuals in Custody who are eligible for earned program sentence credit under subsection (e) that cannot provide documentation of program participation of more than 45 days shall receive 45 days of program participation.

h) Individuals in Custody eligible for sentence credit under subsection (d) who have been convicted of a sex offense, as defined in the Sex Offender Registration Act [730 ILCS 150], shall not receive the earned program sentence credit under subsection (e) unless the individual successfully completes, or is participating in, sex offender treatment. However, if the individual in custody is on a waiting list for treatment but is unable to participate due solely to lack of Department resources, the individual may be awarded 45 or 90 days earned program credit at the discretion of the Director.

i) No individual in custody shall be eligible to receive earned program sentence credit if the award reduces his or her sentence to less than:

85% for individuals in custody required to serve 85% of their sentence; or
60% for individuals in custody required to serve 75% of their sentence, except for the offense of gunrunning, which shall not be reduced less than 75%.

j) Full-time assignment to a program for which an offender may be eligible to receive earned program sentence credit shall mean:

Behavioral modification, life skills, re-entry planning, self-improvement

program and volunteer activity programming shall be considered full-time if they include a minimum of three-hours of programming.

Educational programming shall be considered full-time if an individual in custody:

A) Is enrolled in a continuing, ongoing, regularly scheduled educational program, and

B) Is enrolled in Adult Basic Education (ABE), Advanced ABE, Adult Secondary Education (ASE) or vocational programs where classes are regularly scheduled to meet a minimum of 10 hours per week (minimum of five days per week, two hours per day or four days per week, two and one-half hour per day), except for holidays; or

C) Is enrolled in a college academic program for a minimum of 6 credit hours per module or 12 credit hours per semester.

Substance use programming shall be considered full-time if the participant is:

A) Housed in a dedicated substance use program facility, or housing unit or housing unit wing, in which all individuals in custody are receiving full-time substance use services; or

B) Normally scheduled to participate in a minimum of 15 hours of substance use programming per week.

A Correctional Industries assignment shall be considered full-time if normally scheduled for a minimum of 4 hours per day, 5 days per week.

History

Source: Amended at 46 Ill. Reg. 19974, effective November 29, 2022

20 Ill. Adm. Code 107.525 High School Equivalency (hse) Earned Program Sentence Credit

Offenders who are eligible for earned program sentence credit in accordance with Section 107.520 and who have not graduated from high school or passed a test of HSE shall be awarded 90 days of HSE earned program sentence credit if he or she passes HSE test of high school equivalency while committed to the Department or while held in pre-trial detention prior to his or her current incarceration in the Department. The award of HSE earned program sentence credit shall be in addition to other awards of earned sentence credit.

History

Source: Amended at 43 Ill. Reg. 3217, effective March 1, 2019

20 Ill. Adm. Code 107.526 Higher Education Earned Program Sentence Credit

Individuals in Custody who are eligible for earned program sentence credit in accordance with Section 107.520 and who have not previously obtained a higher education degree shall be awarded 120 days of earned programs sentence credit for an Associates Degree or 180 days for higher education beyond and Associate Degree if the individual earns a higher education degree while committed to the Department or while held in pre-trial detention prior to the individual current incarceration in the Department. The award of higher education earned program sentence credit shall be in addition to other awards of earned sentence credit.

History

Source: Amended at 46 Ill. Reg. 19974, effective November 29, 2022

20 Ill. Adm. Code 107.530 Goal Statements

a) Program goals (see Section 107.540) shall be established in writing by the program administrator for offenders who are eligible to receive earned program sentence credit or HSE earned program sentence credit and shall be signed by the offender.

b) The goal statement shall include the goal period and the goals the offender is expected to achieve.

c) Offenders who are enrolled in programming as of January 1, 2018 and do not have an active goal statement shall have a new goal statement established. If eligible for earned program sentence credit in accordance with Section 107.525(a), offenders may be awarded partial earned program sentence credit for the programming completed after January 1, 2018.

History

Source: Amended at 43 Ill. Reg. 3217, effective March 1, 2019

20 Ill. Adm. Code 107.540 Program Goals

a) Program goals may include, but are not limited to, one or more of the following:

Active participation in the program as demonstrated by being attentive, responsive and cooperative and by maintaining behavioral standards;
Adherence to attendance requirements;
Achievement of a specified grade level;
Attainment of an HSE certificate;
Attainment of a specific number of college credits;
Maintaining a certain grade;
Achievement of specified skills;
Achievement of a specified production level;
Attendance at individual, group or family counseling;
Passing a substance abuse education program final;
Passing a substance abuse test, such as a urinalysis, for the detection of the presence of drugs or alcohol;
Completion of a specified number of programming hours; or
Completion of pre- and post-release program questionnaires.

b) Goals may, with the approval of the program administrator or the Chief Administrative Officer, be revised in writing and signed by the offender if it is determined that the original goals need to be revised based, among other matters, on a reassessment of the offender's level of competency or ability or program changes. However, the goal period may not be changed except as provided in Section 107.550.

History

Source: Amended at 43 Ill. Reg. 3217, effective March 1, 2019

20 Ill. Adm. Code 107.550 Goal Periods

a) The goal period for individuals in custody who are enrolled in an educational program, except college academic programs, shall be 45 instructional days of attendance or the number of instructional days of attendance required to complete the program if less than 45 instructional days. The instructional period may be shortened to less than 45 days due to accomplishing the goals of the course, disease, COVID, lack of funding, lack of personnel, etc.

b) The goal period for individuals in custody who are enrolled in college academic programs and for individuals in custody in the transition centers who are enrolled in any educational program approved by the Department shall be the period of time during which the classes are scheduled.

c) The goal period for substance abuse programs shall be the length of the program or 90 consecutive days, whichever is shorter.

d) The goal period for behavior modification programs, life skills courses, re-entry planning programs, self-improvement programs, approved volunteer activities and work release, for which an individual in custody may be eligible to receive earned program sentence credit shall be the number of hours determined to be beneficial based on the individual's in custody risk and needs assessment.

e) The goal period for Correctional Industries assignments shall normally be 90 days.

f) When an individual in custody completes the program early, the goal period shall be revised to the date of completion and the individual in custody shall be eligible to receive program sentence credit for the revised goal period.

g) If the individual in custody is removed from the program or assignment due to placement in protective custody, non-voluntary transfers for other than disciplinary reasons, termination or suspension of the program by the Department, release on parole or mandatory supervised release, transfer to work release, placement on electronic detention, or other reasons approved by the Chief Administrative Officer, the goal period may be revised to the date removed from the program. In determining whether to revise a goal period, the Department shall consider, among other factors, the individual's medical and mental health status, protection needs, projected release date, and time in the program. The individual in custody shall be eligible to receive program sentence credit for the revised goal period provided satisfactory progress has been made towards achieving stated goals.

h) If the individual in custody is removed from the program or assignment prior to completion of the goal period due to reasons other than those stated in subsection (i), the offender shall not receive any earned program sentence credit for the goal period.

History

Source: Amended at 46 Ill. Reg. 19974, effective November 29, 2022

20 Ill. Adm. Code 107.560 Award of High School Equivalency Earned Program Sentence Credit and Program Sentence Credit

Within 15 working days, whenever feasible, after completion of the goal period or removal from the program, the program administrator or Chief Administrative Officer shall:

a) Determine whether the individual in custody achieved the required goals or was making satisfactory progress toward achieving the goals in accordance with Section 107.550(g).

b) Document the determination of ineligibility or the award of the High School Equivalency (HSE) certificate. Awarded HSE earned program sentence credit shall only be subject to revocation if it is subsequently determined that the individual in custody was not eligible for the award. Partial HSE earned program sentence credit shall not be awarded.

c) Document the determination of ineligibility or the number of calendar days during the goal period for which the individual in custody is eligible to receive earned program sentence credit. The days eligible for the award shall be the number of calendar days during the goal period, less the total number of days of lockdowns, days the offender was absent, and days in which class or the program assignment was cancelled.

d) Ensure earned program sentence credit is computed at the appropriate rate, 0.25 or 0.5, in accordance with Section 107.520(a), (b) or (c).

e) Document the award of HSE earned program sentence credit or program sentence credit submitted for the review and approval of the Director or Director's designee. A copy of the award of HSE earned program sentence credit or earned program sentence credit shall be placed in the individual's master record file.

f) Document that the individual in custody was advised in writing of the award of HSE program sentence credit or program sentence credit or the determination of ineligibility of the award.

g) Document that new goal periods and goals were established upon continued placement or re-enrollment in educational programs or continued placement in substance abuse programs, behavioral modification programs, life skills courses, re-entry planning, or Correctional Industries assignments in accordance with this Subpart.

History

Source: Amended at 46 Ill. Reg. 19974, effective November 29, 2022

20 Ill. Adm. Code 107.570 Revocation and Restoration of Earned Program Sentence Credit

Earned program sentence credit may be revoked and restored in accordance with Subpart B.

History

Source: Amended at 43 Ill. Reg. 3217, effective March 1, 2019

Part 112 Internal Investigations

20 Ill. Adm. Code 112.10 Applicability

This Part applies to all offices and divisions within the Department.

History

Source: Amended at 28 Ill. Reg. 13723, effective October 1, 2004

20 Ill. Adm. Code 112.12 Definitions

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

"Department" means the Department of Corrections.

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

"Electronic Recording" means creating an audio or video record by means such as motion picture, audiotape, videotape, or digital recording.

"Interrogation" means an interview during which a question is asked that is reasonably likely to elicit an incriminating response.

"Offender" means a person committed to the Department or to the custody of the Department.

History

Source: Added at 28 Ill. Reg. 13723, effective October 1, 2004

20 Ill. Adm. Code 112.15 Responsibilities

History

Source: Added at 28 Ill. Reg. 13723, effective October 1, 2004

20 Ill. Adm. Code 112.20 Investigation of Incidents (renumbered)

History

Source: Renumbered to Section 112.35 at 10 Ill. Reg. 12570, effective August 1, 1986

20 Ill. Adm. Code 112.30 Reporting of Incidents

a) Each employee shall completely and accurately document any unusual incident that he or she observes or that is reported to him or her, including any:

Serious disturbance;
Physical or sexual assault or use of force;
Death, suicide, or suicide attempt;
Major loss or damage to property;
Fire;
Use or discharge of a weapon;
Use of chemical agents; and
Other incidents as determined by the Chief Administrative Officer.

b) The employee shall promptly prepare the Incident Report and forward the report to the Director.

History

Source: Amended at 28 Ill. Reg. 13723, effective October 1, 2004

20 Ill. Adm. Code 112.35 Investigation of Incidents

a) All unusual incidents, suspected violations of criminal law, or serious violations of departmental rules shall be investigated as determined necessary by the Director.

b) Employees shall be required to cooperate with all investigations. Employees shall be required to truthfully respond to questions related to their employment or ability to perform their job duties. Failure to do so shall be grounds for discipline, including discharge.

History

Source: Amended at 28 Ill. Reg. 13723, effective October 1, 2004

20 Ill. Adm. Code 112.37 Interrogations

20 Ill. Adm. Code 112.40 Polygraph Examinations

a) Polygraph examinations may be administered as approved by the Director.

b) The employee or offender asked to submit to a polygraph examination shall be informed of the nature of the incident being investigated and his or her alleged involvement or knowledge of the incident. An employee or an offender who refuses to take such an examination may not be disciplined for refusing to do so.

c) The scope of the examination shall be limited to matters related to the incident under investigation.

d) The employee or offender shall be advised that the results of the examination will be made known to him or her upon receipt of the results by the correctional or employing facility and that he or she may, upon review of the results, submit a written request for a copy of the results to the Division of Investigations and Intelligence. A copy of the results shall be provided within five days after receipt of the written request.

History

Source: Amended at 28 Ill. Reg. 13723, effective October 1, 2004

20 Ill. Adm. Code 112.50 Referral for Prosecution

Where reasonable grounds exist to suspect that an individual has committed a violation of criminal law, it shall be reported to the State's Attorney of the county in which the incident occurred or to the appropriate prosecuting official.

Part 117 Correctional Industries

20 Ill. Adm. Code 117.5 Applicability

This Part applies to the Correctional Industries Program and to facilities in which industry programs are housed.

20 Ill. Adm. Code 117.10 Definitions

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

"Chief Executive Officer" means the highest ranking official of the Correctional Industries Program.

"Department" means the Department of Corrections.

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

20 Ill. Adm. Code 117.15 Responsibilities

a) Unless otherwise specified, the Director, Chief Administrative Officer, or Chief Executive Officer may delegate responsibilities stated in this Part to another person or persons or designate another person or persons to perform the duties specified.

b) No other individual may routinely perform duties whenever a Section in this Part specifically states the Director, Chief Administrative Officer, or Chief Executive Officer shall personally perform the duties. However, the Director, Chief Administrative Officer, or Chief Executive Officer may designate another person or persons to perform the duties during periods of his or her temporary absence or in an emergency.

20 Ill. Adm. Code 117.20 Correctional Industries Program

a) The Correctional Industries Program operates in correctional facilities and promotes marketable skills and work habits for committed persons.

b) The Correctional Industries Program offers services and products in areas including, but not limited to: production, repair, and restoration of furniture; cleaning supplies and equipment; food production and processing; clothing; eye glasses; asbestos abatement; and recycling.

c) Industry programs, both new and expanded, are recommended by the Chief Executive Officer of Correctional Industries and approved by the Director.

d) Bartering arrangements are prohibited.

e) Products shall not be distributed, nor shall services be rendered, to any entity free of charge except as otherwise provided in this Part. This prohibition against free distribution of a product shall not preclude the distribution of a reasonable amount of a product to afford the prospective customer the ability to sample the product to determine whether the product meets the customer's needs prior to purchase.

f) Prototypes may be distributed to prospective customers for a trial period not to exceed 90 days.

g) Obsolete items shall be disposed of in accordance with the State Property Control Act [30 ILCS 605]. Obsolete items are items including, but not limited to, finished products, works in progress, and raw materials that are no longer needed and cannot be returned to the vendor.

History

Source: Amended at 26 Ill. Reg. 658, effective January 15, 2002

20 Ill. Adm. Code 117.30 Assignment to Correctional Industries

a) The Chief Executive Officer of Correctional Industries shall ensure position descriptions for committed persons, including level of skill and education required, physical abilities required, and specific job requirements, are developed for each assignment.

b) Committed persons who are physically capable and who are not assigned full-time to other facility programming may be assigned through the Correctional Industries Program.

c) Committed persons may be referred for positions in correctional industry programs at the discretion of the Chief Administrative Officer of the facility based on, but not limited to, factors such as:

The committed person's security level, grade classification, and institutional adjustment; and
The skills required for the program.

d) The Superintendent of the industry at the facility shall have the authority to assign or reassign any committed person referred by the facility to ensure the safety, security, and efficient operation of industry programs.

e) Prior to placement in the Correctional Industries Program, committed persons shall be required to pass a physical examination to ensure they are physically able to perform the duties of the assignment.

f) Committed persons who participate in this program are required to contribute a portion of their earnings to offset their cost of incarceration. The rate of contribution, which shall be at least 3% but not more than 5% of the earnings, shall be established by the Director. Committed persons shall be advised of the current rate.

20 Ill. Adm. Code 117.40 Hours and Conditions of Labor

a) Due to the variety of programs and services, the hours of operation at each Correctional Industries Program may vary. The hours of operation for each facility shall be established as determined by the Chief Executive Officer of Correctional Industries with the concurrence of the Chief Administrative Officer of the facility in which the industry is located.

b) The Department shall comply with minimum applicable federal, State, and local work, health, and safety standards in operation of its industry programs, including but not limited to applicable rules promulgated by the State Fire Marshal (41 Ill. Adm. Code 100), and the Illinois Department of Labor (56 Ill. Adm. Code 205 and 350), and the Illinois Department of Public Health (77 Ill. Adm. Code 785 and 855). Safety inspections shall be conducted at least monthly by departmental staff to ensure committed persons are not subjected to unsafe workplace conditions.

c) Committed persons shall be subject to security screening and supervision.

d) Committed persons shall be compensated for the duties performed in accordance with the pay plan established for the program. Pay plans shall be determined at each facility based on such factors as the effort, skill, and economic value of the work performed. The local pay plan shall be approved by the Chief Executive Officer of Correctional Industries and shall be posted in the local industry office.

e) Committed persons shall be trained in the use of equipment, materials, and safety precautions appropriate to their assignments. Committed persons shall sign an acknowledgment that the training has been received prior to the use of any such equipment or materials.

20 Ill. Adm. Code 117.50 Purchase of Industry Goods or Services

a) A list of goods or services available through Correctional Industries and the cost for such goods or services shall be maintained. To obtain a listing or to make purchases, interested persons may contact the Correctional Industries Program at:

Illinois Department of Corrections

Correctional Industries Program

1301 Concordia Court

Box 19722

Springfield IL 62794-9277

217/522-2666

http://www.idoc.state.il.us/industries/

b) In accordance with Section 3-12-7 of the Unified Code of Corrections, the State, its political units, its agencies and public institutions are required to purchase needed articles, materials, industry related services, food stuffs, and supplies that are supplied or manufactured by the Correctional Industries Program unless the Department certifies that the items requested are not readily available.

c) Goods or services shall be allocated in the following order:

Department.
State agencies and public institutions.
Political subdivisions of the State and its agencies in which the producing facility is located.
Political subdivisions of the State and their agencies or public institutions.
Open market.
Not-for-profit organizations in Illinois.
Government in other states.
Units of the Federal Government.
Not-for-profit organizations in other states.

d) Monies generated by the Correctional Industries Program shall be deposited in the Working Capital Revolving Fund of the Correctional Industries Program.

e) Correctional Industries shall make reasonable efforts to bill and collect receivables in the fiscal year in which the debit was incurred.

f) Correctional Industries shall issue catch-up billing in the subsequent fiscal for those accounts that show a balance for the prior fiscal year.

g) Correctional Industries shall issue credit or refunds for documented deficiencies.

h) Correctional Industries shall not use catch-up billing or credit and refunds to intentionally circumvent fiscal year budgetary controls.

History

Source: Amended at 34 Ill. Reg. 19494, effective December 1, 2010

20 Ill. Adm. Code 117.60 Food Production and Processing

Food products are produced and processed in accordance with State and federal guidelines. (See 730 ILCS 5/3-12-11a and 3-12-12.)

20 Ill. Adm. Code 117.70 Recycling and Refuse Program

a) The Correctional Industries Program recycles such items as the following material to convert waste products to recyclable forms:

Tires, rubber tire scraps, and related materials.
White goods that are common household appliances such as stoves and refrigerators.
Refuse such as paper and plastic.
Such other items as it is determined can be appropriately recycled.

b) Tires, rubber, and related materials are used in areas such as alternative fuel options, playground materials, and recapped tires.

Playground material is shredded tire rubber with all metals removed for use as ground cover around playground equipment.
Tire-derived fuel (TDF) is tire rubber shredded into approximately 2" size pieces that is mixed with coal for use in commercial or industrial power plants.

c) White goods are dismantled to their constituent parts such as metals, plastics, rubbers, and gases such as freon. Gaseous constituents or byproducts shall be recycled in accordance with the Federal Clean Air Act of 1990 (42 USC 7401 et seq.). All other parts shall be sold or disposed of properly.

d) Interested parties may contact the Correctional Industries Program in accordance with Section 117.50 to request information regarding recycling, including purchase or collection of such materials.

e) Correctional Industries may sign contracts or enter into agreements with agencies identified by the Department as potential sources of recyclable materials.

20 Ill. Adm. Code 117.80 Animal Training and Care Program

a) The Department may establish programs, such as the "Helping Paws Service Program", in which committed persons may be taught to train, groom, or board animals such as dogs, cats, and horses. The companion and service animal training operation may be either a not-for-profit or a for-profit operation; the kennel operation shall be a for-profit operation.

b) The Department may work with not-for-profit charitable organizations, such as the Clarence Foundation, in programs in which committed persons are taught to train animals as companion or service animals for placement with persons who are elderly or disabled. For purposes of this Section, a disabled person is one who suffers from a physical or mental impairment that substantially limits one or more major life activities. The organization will obtain the animals for the industry operation to train and will subsequently place the animals after they have been trained at no cost to the recipient. The animals will remain the property of the not-for-profit organization. Placement of such animals may be terminated by the organization when there is no longer a need for the placement or when it is in the best interest of the recipient, animal, or organization. This program will provide committed persons with marketable skills, save animals from euthanasia, and provide companion or service animals to individuals in need. The Department shall not accept any fee for such training, but may accept donations or reductions in cost of supplies or services for the animals while under the Department's care.

c) The Department may establish a kennel operation in which animals may be boarded, groomed, or trained for a fee. These services shall be available to departmental staff and to the general public.

d) Employees of the Department shall periodically visit committed persons who have been certified as service dog trainers or animal care professionals and who have been paroled or placed on mandatory supervised release to determine whether the committed persons are using their skills as certified service dog trainers or animal care professionals [730 ILCS 5/3-12-6].

History

Source: Added at 26 Ill. Reg. 658, effective January 15, 2002

Part 120 Rules of Conduct

20 Ill. Adm. Code 120.10 Applicability

This Part applies to all persons who provide personal services or delivery of services, including Department of Corrections (Department) employees, contractual employees, and volunteers. Offender's visitors shall comply with the rules set forth in 20 Ill. Adm. Code 525.

History

Source: Amended at 30 Ill. Reg. 6329, effective April 1, 2006

20 Ill. Adm. Code 120.15 Responsibilities

20 Ill. Adm. Code 120.20 Definitions

"Department" means the Department of Corrections.

"Employee", for the purposes of this Part, means persons who provide personal services or delivery of services, including Department employees, contractual employees, and volunteers.

"Offender" means any person committed to the custody of the Department, including those persons released on parole or mandatory supervised release.

History

Source: Amended at 30 Ill. Reg. 6329, effective April 1, 2006

20 Ill. Adm. Code 120.30 Conduct of Individuals

Employees shall conduct themselves in a manner that will not reflect unfavorably on the Department and shall not engage in conduct that is unbecoming of an employee or that may reflect unfavorably on or impair the operations of the Department.

History

Source: Amended at 30 Ill. Reg. 6329, effective April 1, 2006

20 Ill. Adm. Code 120.40 Compliance with Laws and Regulations

a) Employees shall obey all federal, State, and local laws and applicable court decisions and orders related to the performance of their services to the Department.

b) Employees shall verbally report as soon as possible and shall submit a written report within five working days after any:

Arrest, indictment or conviction for a felony or a misdemeanor, other than a minor traffic offense such as a parking ticket, to their immediate supervisor. Driving under the influence is a reportable offense. The report shall specify the facts forming the basis for the arrest, indictment, or conviction and the caption of the case.

A) Any employee who is convicted after March 1, 1998 of a domestic violence crime as defined in the Federal Gun Control Act and who may be required to possess, transport, or receive a weapon or ammunition in the performance of his or her duties shall be terminated from employment.

B) Any employee who is charged and convicted of a felony shall be terminated from employment.

Order of protection against any employee. The report shall specify the facts for the order of protection and include a caption of the case and the length of the order.

A) Any employee who has an order of protection against him or her shall provide a copy of the order of protection or emergency or amended order of protection with his or her written report.

B) Any employee who has an order of protection against him or her that prohibits the possession or use of a firearm shall not be issued a weapon for the duration of the order.

C) Any employee whose order of protection prohibits the possession or use of firearms and is for a length of time exceeding 90 days and who may be required to possess, transport, or receive a weapon or ammunition in the performance of his or her duties shall be terminated from employment.

Admission as an inpatient in a mental hospital, if the employee is authorized to carry a firearm.

A) Any employee who has been admitted as an inpatient in a mental health hospital in the last five years is prohibited from receiving a firearm or ammunition.

B) Following an admission as an inpatient in a mental health hospital, employees authorized to carry a firearm shall submit either a court order or waiver from the State Police pursuant to 430 ILCS 65/10(c) lifting the prohibition from possession of a firearm and firearms ammunition or be terminated.

c) Employees shall comply with departmental rules, written procedures, bulletins and written or verbal orders issued by Department authorities.

d) Employees shall utilize State equipment, property, or services only as authorized by the job assignment.

e) Employees shall have a valid driver's license and, at minimum, be covered by liability insurance prior to transporting offenders in vehicles.

f) Employees shall cooperate with any investigation conducted by internal investigators and other investigative authorities, including the Office of the Executive Inspector General.

g) Employees shall respect the confidentiality of information and shall be prohibited from accessing or disclosing information such as, but not limited to, investigations, offender records, and personnel issues, except to the extent required in the performance of their job duties.

h) Employees shall not intentionally perform any prohibited political activity during any compensated time other than benefit time such as vacation, personal, holiday, compensatory, or equivalent earned time. Employees shall not intentionally misappropriate any State property or resources by engaging in prohibited political activity for the benefit of any campaign for elective office or any political organization.

History

Source: Amended at 30 Ill. Reg. 6329, effective April 1, 2006

20 Ill. Adm. Code 120.50 Socializing with Committed Persons

a) Employees shall not knowingly socialize with or engage in business transactions with any offender or releasee, or a relative or known close associate of an offender or releasee, except in the performance of an assignment or as approved in writing by the Director. However, employees shall be permitted to purchase products of offenders, such as arts, crafts, books, etc., that are offered through the facility's commissaries or offered to the general public in a public market place or forum.

b) In determining whether to grant approval, the Director shall consider factors such as whether the employee has direct custodial responsibility for the offender; the nature of the business activity to be conducted; the nature of the relationship or association; the criminal and behavioral history of the offender; and employee history and conduct.

History

Source: Amended at 30 Ill. Reg. 6329, effective April 1, 2006

20 Ill. Adm. Code 120.60 Bribes, Gifts, and Gratuities

a) Employees shall not accept or request bribes as an inducement to perform or not to perform any act related to their dealings with the Department.

b) Employees shall not accept any gifts or gratuities or offers of the same from offenders or releasees, persons who are known to the employee to be a relative, close associate, or friend of offenders or releasees, or from anyone who has or expects to have business dealings with the Department.

c) Employees shall not intentionally solicit or accept any gift from any prohibited source in accordance with 5 ILCS 430/10. This ban applies to spouses of and immediate family living with employees.

d) Such offers shall be reported immediately in writing to the employee's supervisor.

History

Source: Amended at 30 Ill. Reg. 6329, effective April 1, 2006

20 Ill. Adm. Code 120.70 Trading or Trafficking

Individuals shall not trade or traffic with, or aid, abet, or solicit unauthorized actions by, offenders or releasees.

History

Source: Amended at 30 Ill. Reg. 6329, effective April 1, 2006

20 Ill. Adm. Code 120.80 Conflicts of Interest

a) Employees shall not engage in conduct that impairs their ability to perform their duties and responsibilities in an impartial manner. Employees shall notify their supervisor when their job duties may give rise to or be construed as a conflict of interest.

b) Employees' positions at the Department shall be considered primary employment. Employees shall not accept secondary employment unless the request is approved by the Department.

History

Source: Amended at 30 Ill. Reg. 6329, effective April 1, 2006

20 Ill. Adm. Code 120.90 Information to Be Reported

a) Employees shall immediately report to their supervisor any information indicating a violation or attempted violation of criminal laws, or a threat to the safety and security of the facility, its property or any person, including information regarding a potential escape.

b) Reports shall be made verbally and, if requested or if required, reports shall be made in writing in the manner directed by the employee's supervisor.

History

Source: Amended at 30 Ill. Reg. 6329, effective April 1, 2006

20 Ill. Adm. Code 120.95 Giving False Information

Employees who knowingly provide false information shall be subject to disciplinary action, including termination of employment.

History

Source: Added at 30 Ill. Reg. 6329, effective April 1, 2006

20 Ill. Adm. Code 120.100 Violation of Rules

Failure to comply with any of the foregoing rules of conduct may result in discipline, termination of services, or restriction from entering all or some Department facilities.

History

Source: Amended at 30 Ill. Reg. 6329, effective April 1, 2006

Subchapter b Fiscal and Business Management

Part 205 Funds of Committed Persons

20 Ill. Adm. Code 205.10 Applicability

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

History

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

20 Ill. Adm. Code 205.15 Definitions

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

"Department" means the Department of Corrections.

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

History

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

20 Ill. Adm. Code 205.17 Responsibilities

History

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

20 Ill. Adm. Code 205.20 Account Interest

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

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

History

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

20 Ill. Adm. Code 205.30 Banks

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

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

20 Ill. Adm. Code 205.40 Withdrawals and Transfers of Funds

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

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

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

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

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

History

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

20 Ill. Adm. Code 205.50 Restrictions

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

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

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

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

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

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

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

History

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

Part 210 Commissaries

20 Ill. Adm. Code 210.10 Applicability

This Part applies to the Adult and Juvenile Divisions.

20 Ill. Adm. Code 210.20 Commissary Operations

a) Each adult and juvenile facility may establish a commissary or canteen for committed persons.

b) Items sold in the committed persons' commissary shall be shown on an approved listing of standard commissary items.

c) Commissary credit shall not be extended.

d) Committed persons or employees assigned to commissaries where non-packaged food is handled shall be screened by medical staff prior to commencing work in food service areas.

History

Source: Amended at 16 Ill. Reg. 6979, effective May 1, 1992

20 Ill. Adm. Code 210.30 Commissary Profits

Commissary profits shall be transferred to the appropriate benefit fund.

History

Source: Amended at 16 Ill. Reg. 6979, effective May 1, 1992

Subchapter d Programs and Services

Part 405 School District #428

20 Ill. Adm. Code 405.10 Applicability

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

History

Source: Amended at 15 Ill. Reg. 5642, effective April 15, 1991

20 Ill. Adm. Code 405.15 Responsibilities

a) Unless otherwise specified, the Director, Chief Administrative Officer, Superintendent, or Educational Administrator may delegate responsibilities stated in this Part to another person or persons or designate another person or persons to perform the duties specified.

b) No other individual may routinely perform duties whenever a rule in this Part specifically states the Director, Chief Administrative Officer, Superintendent, or Educational Administrator shall personally perform the duties. However, the Director, Chief Administrative Officer, Superintendent, or Educational Administrator may designate another person or persons to perform the duties during periods of his temporary absence or in an emergency.

History

Source: Added at 15 Ill. Reg. 5642 effective, April 15, 1991

20 Ill. Adm. Code 405.17 Definitions

"Achievement test" means a nationally normed instrument, which has been approved by the Superintendent of School District #428, that measures an individual's educational grade level.

"Associate level courses" means academic and vocational courses that are approved by a college or university as meeting the requirements for an award of an Associate's Degree.

"Baccalaureate level courses" means academic and vocational courses that are approved by a college or university as meeting the requirements for an award of a Bachelor's Degree.

"Billable course work" means course work in which the committed person is enrolled or that begins on or after January 1, 1997 while incarcerated that is necessary for a degree.

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

"Degree" means an academic title awarded by a college or university upon the completion of an approved course of study. Types of degrees awarded are associate's, bachelor's, etc.

"Department" means the Department of Corrections.

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

"Educational programs" means courses of academic and vocational instruction offered to persons committed to the Adult and Juvenile Divisions as approved by School District #428; or courses of academic and vocational instruction offered in the free community; or vocational work training programs offered by the Department or outside resources.

"Full-time student" means a committed person who is enrolled in an educational program that has classes that are normally scheduled to meet a minimum of 15 hours a week; or a committed person who is enrolled in college academics for a minimum of six credit hours per module or 12 credit hours per semester.

"Higher level courses" means academic courses that are approved by a college or university as meeting the requirements for an award of any degrees beyond the Bachelor's Degree.

"90 instructional day program" means a period of 90 days of remedial education, excluding days of absence or days in which no instruction was offered.

"Instructional day" means a day in which instruction is provided.

"Sexually dangerous person" means any person as defined in Section 1.01 of the Sexually Dangerous Persons Act [725 ILCS 205/1.01].

"Superintendent" means the Superintendent of the Department of Corrections School District #428.

"Technical violator" means a committed person who has been returned to a Department facility due to a violation of the conditions of his or her parole or mandatory supervised release, but does not include a committed person who has been convicted of a new offense.

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

History

Source: Amended at 21 Ill. Reg. 5916, effective May 1, 1997

20 Ill. Adm. Code 405.20 Adult and Juvenile Educational Programs

a) The opportunity for educational programs shall be available in the Adult and Juvenile Divisions through the Department of Corrections School District #428. Nothing in this Part shall be construed to require educational opportunities for all committed persons, except as otherwise provided in Section 405.60 or in Sections 3-6-2 and 3-9-1 of the Unified Code of Corrections (Ill. Rev. Stat. 1991, ch. 38, pars. 1003-6-2 and 1003-9-1) [730 ILCS 5/3-6-2 and 3-9-1].

Adult Division educational programs shall include:

A) Adult basic education and General Educational Development (GED) training;

B) Special education;

C) Vocational education and career counseling; and

D) Post-secondary education, where possible.

Juvenile Division educational programs shall include:

A) Basic education and GED;

B) High school credits;

C) Special education;

D) Vocational education; and

E) Post-secondary education, where possible.

b) Committed persons shall, upon request, be considered for enrollment in an educational program for which they are eligible or placement on the waiting list for the program if one exists.

c) In determining eligibility for enrollment in educational programs the Department shall consider, among other factors, the committed person's composite scores on achievement tests, the safety and security of the facility or any person, staff recommendations, requirements for admission to specific programs, administrative concerns, and the committed person's institutional behavior, disciplinary record, educational record, projected release date, and medical and mental health status.

d) In the Adult Division, committed persons may be eligible to enroll in:

Adult Basic Education if they test below the 8.0 grade level.
GED training if they test at the 8.0 grade level or above and they do not have a verified GED certificate or a High School diploma.
Special education regardless of test scores.
School District #428 vocational education regardless of test scores.
College vocational programs if they have a verified GED certificate or High School diploma or as otherwise approved in writing by the Superintendent.
Two-year college degree academic programs if they have a verified GED certificate or High School diploma.
Four-year college degree academic programs if they have a verified GED certificate or High School diploma, and they have 30 hours of college transfer credit.

e) In the Juvenile Division, committed persons may be eligible to enroll in:

Basic Education if they test below the 8.0 grade level.
GED training if they test at the 8.0 grade level or above and they do not have a verified GED certificate, Special Education diploma, or High School diploma.
High School credits if they test at the 8.0 grade level or above and they do not have a verified GED certificate, Special Education Diploma, or High School diploma.
Special Education regardless of test scores.
School District #428 vocational education if they test at the 3.0 grade level or above.
College vocational programs if they have a verified GED certificate, Special Education diploma, or High School diploma or as otherwise approved in writing by the Superintendent.
Two-year college academic programs if they have a verified GED certificate, Special Education diploma, or High School diploma.

f) Committed persons shall be required to attend and actively participate in classes for which they are enrolled and shall be subject to discipline under 20 Ill. Adm. Code 504, unless absent due to verified illnesses, approved visits, court writs, furloughs, discipline, lockdowns, or other reasons approved by the Chief Administrative Officer. Active participation shall mean, but shall not be limited to, instances in which the committed person is attentive, responsive, and cooperative and completes assigned work.

g) Committed persons shall adhere to attendance requirements of the educational program in which they are enrolled:

Committed persons enrolled in non-college academic programs in the Adult and Juvenile Divisions shall be required to attend and to actively participate in the number of instructional days specified to complete the program and shall not be absent from the program or shall not be documented as not actively participating in the program for more than 30 instructional days, not including days absent due to lockdowns.
Persons committed in the Community Services Division and committed persons enrolled in college academic courses shall attend scheduled classes and shall not be absent more than allowed under the requirements of the educational provider or the correctional facility policy. Committed persons shall be advised of the specific requirements of the program in which they are enrolled.

h) Committed persons may be removed from educational programs due to:

Disciplinary action.
Failure to adhere to attendance requirements.
Administrative reasons approved by the Educational Administrator or the Chief Administrative Officer including, but not limited to, disruptive behavior, lack of active participation, termination or suspension of the program, and safety and security reasons.
The committed person's transfer to another facility or program.

History

Source: Amended at 18 Ill. Reg. 2970, effective February 14, 1994

20 Ill. Adm. Code 405.30 Assistance to Community Services Division

Financial counseling and technical assistance in securing remedial education, G.E.D. training, special education, vocational training and post-secondary education may be provided by the Department of Corrections School District #428 to committed persons of the Community Services Division.

History

Source: Amended at 15 Ill. Reg. 5642, effective April 15, 1991

20 Ill. Adm. Code 405.40 Evaluation (repealed)

History

Source: Repealed at 15 Ill. Reg. 5642, effective April 15, 1991

20 Ill. Adm. Code 405.50 Adult Basic Education Attendance

a) All persons committed to the Adult Division of the Department on or after January 1, 1987 whose period of incarceration is at least two years or more or who have been committed as sexually dangerous persons shall be required to receive a composite achievement test score of 6.0 or greater in reading and mathematics or attend a minimum of 90 instructional days in an Adult Basic Education program for reading and mathematics, except those person's identified in subsection (b) of this Section.

b) The requirements in this Section do not apply to:

Those persons serving life or death penalty sentences;
Other persons who are specifically exempted from this requirement by the Chief Administrative Officer of the facility where the committed person is assigned and the Superintendent based on, but not limited to, security or health reasons, the facility's inability to meet the committed person's unique educational needs, or the facility's inability to provide or complete instruction in the time remaining prior to the committed person's release or discharge date;
Those persons who, upon completion of 45 instructional days, have received the required composite achievement test score; or
Technical violators who have previously completed the 90 instructional day program and who received the required composite achievement test score upon completion of the program.

c) Credit for class attendance shall only be given by the Educational Administrator for those days in which the committed person actively participates in the program in accordance with Section 405.20(f).

d) Where a committed person's 90 instructional day program has been terminated due to excessive absenteeism in accordance with Section 405.20(g) and (h), the 90 instructional day program shall recommence with no credit given for days previously attended.

e) When a committed person is transferred to another facility prior to completion of the program, a record of the person's attendance shall be submitted to the receiving facility. His program shall be continued at the receiving facility, whenever feasible, upon enrollment in the program or the committed person shall be placed on a waiting list if one exists, unless the committed person is no longer required to participate in the program in accordance with subsection (b) of this Section.

f) Refusal by any committed person to attend the Adult Basic Education program required by this Section shall constitute grounds for disciplinary action in accordance with 20 Ill. Adm. Code 504.Subpart A.

g) Upon completion of the 90 instructional day program, the committed person shall be retested, and if the required composite achievement test score is not received, the person shall be encouraged, but not required, to remain in an educational program.

h) Committed persons subject to the provisions of this Section who have not attained the required achievement level shall not be eligible for any job assignment pay that exceeds the level of pay received for attendance in the Adult Basic Education program, unless an exemption is granted by the Chief Administrative Officer and the Superintendent due to the committed person's educational handicap, documented by his educational records, which would preclude any reasonable expectation that the committed person could attain the required achievement level; the projected length of time the committed person may have to wait prior to enrollment in the Adult Basic Education Program; or the reasons provided in subsection (b) of this Section; or as otherwise approved by the Department.

i) The Department may conduct pilot programs to determine the value and feasibility of implementing increased educational requirements of committed persons. All provisions of this Section shall apply to pilot programs, except the Department may increase the educational achievement level and attendance requirements.

Committed persons affected by the pilot program shall be informed in writing of the educational achievement level and attendance requirements of the program.
The requirements of a pilot program shall apply to all committed persons who are assigned to a facility designated for the pilot program, except for those persons:

A) Specified in subsection (b) of this Section;

B) Who have previously completed the Adult Basic Education Program required by this Section, regardless of the educational level achieved; or

C) Who were enrolled and attending the required Adult Basic Education program at the facility prior to commencement of the pilot program, provided they continue through completion of the program.

History

Source: Amended at 16 Ill. Reg. 10449, effective July 1, 1992

20 Ill. Adm. Code 405.55 Educational Good Conduct Credits (repealed)

History

Source: Repealed at 18 Ill. Reg. 2970, effective February 14, 1994

20 Ill. Adm. Code 405.60 Juvenile Educational Attendance

a) All persons committed to the Juvenile Division of the Department who have not received their High School diploma, Special Education diploma, or GED certificate shall be required to participate in an educational program, unless specifically exempted by the Chief Administrative Officer and the Superintendent. The exemption shall be based on, but not limited to, health, safety or security reasons, and resources available.

b) The extent and length of the educational program shall be based, among other factors, upon the needs and characteristics of the committed person, resources available, availability of programs, administrative concerns, and safety and security of the facility or any person.

History

Source: Amended at 16 Ill. Reg. 10449, effective July 1, 1992

20 Ill. Adm. Code 405.70 Suspension of Programs

Unless otherwise provided by law, any of the provisions of this Part may be suspended by the Director for reasons including, but not limited to, safety and security, budgetary constraints, insufficient program resources, inadequate space or unavailability of educational staff.

History

Source: Amended at 15 Ill. Reg. 5642, effective April 15, 1991

20 Ill. Adm. Code 405.80 Educational Reimbursement

a) Effective January 1, 1997, committed persons who participate in educational programs provided through the Department and who are either awarded or complete the necessary course work required to earn a degree through these programs shall be required to reimburse the Department for the cost incurred for all billable course work.

b) Each fiscal year, the Department shall determine the cost of courses that meet the requirements for the award of a degree. Committed persons shall be informed of the fees by posted notices, warden's bulletins, handbooks, or another similar manner.

c) Per credit hour fees shall be determined for associate level courses, baccalaureate level courses, and vocational courses.

To determine fees for academic courses such as associate or baccalaureate level courses, divide the statewide educational contracts cost for the appropriate level courses using the latest fiscal year for which all final expenditures are known by the average number of credit hours for that fiscal year. Divide that sum by the average number of students per course.
To determine fees for vocational courses, divide the statewide vocational contracts cost using the latest fiscal year for which all final expenditures are known by the average number of vocational credit hours. Divide that sum by the average number of students per course.

d) Reimbursement shall be required for any billable course work either:

Upon the award of a degree; or
Upon accumulation of the course work required to be eligible for the award of a degree.

e) To reimburse the Department, the committed person may:

Submit full payment for the educational cost;
Authorize a monthly payment to be deducted from his or her trust fund account; or
Make alternative payment arrangements.

f) Where a committed person who has an outstanding educational reimbursement balance is discharged or placed on parole or mandatory supervised release, interest at the rate of six percent per annum shall be assessed on any unpaid balance until the account is paid in full. No interest shall be assessed or accrued while the committed person is incarcerated.

History

Source: Added at 21 Ill. Reg. 5916, effective May 1, 1997

Part 410 Legal Programs for Committed Persons

20 Ill. Adm. Code 410.10 Applicability

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

20 Ill. Adm. Code 410.20 Requirements for Conducting Programs

a) Educational programs regarding legal issues may be conducted with the approval of the Director or his designee.

b) The person conducting such programs for committed persons shall be:

An attorney licensed to practice law in the State of Illinois, or
A law student or paralegal affiliated with a law firm or a legal service organization or with a legal clinic under the auspices and direction of an accredited law school.

c) Requests to conduct a legal issues program shall be submitted in writing to the Director or his designee.

The request shall include a description of the qualifications of the person conducting the program, a proposed curriculum for the course with an outline of the course objective, areas to be discussed, guest speakers, if any (including their credentials), and any materials to be used by the class.
A law student participating in a teaching program must present certification from the Dean of his law school indicating that he is a student in good standing.
A law student or paralegal who participates in a teaching program shall be sponsored by an attorney. The sponsoring attorney shall provide the Director with a written statement accepting full responsibility for all legal advice or information given by the law student or paralegal.

d) Persons approved by the Director or his designee shall abide by all security requirements and rules of the Department and the correctional facility.

e) No person conducting a class may solicit clients in the facility or encourage lawsuits against the Department of Corrections.

f) Failure to comply with this Part may result in termination of the class and/or program.

Part 415 Health Care

20 Ill. Adm. Code 415.10 Applicability

This Part applies to adult and juvenile correctional centers and programs within the Department of Corrections.

History

Source: Amended at 29 Ill. Reg. 3883, effective March 1, 2005

20 Ill. Adm. Code 415.15 Responsibilities

a) Unless otherwise specified, the Director, Chief Administrative Officer, or Agency Medical Director may delegate responsibilities stated in this Part to another person or persons or designate another person or persons to perform the duties specified.

b) No other individual may routinely perform duties whenever a rule in this Part specifically states the Director, Chief Administrative Officer, or Agency Medical Director shall personally perform the duties. However, the Director, Chief Administrative Officer, or Agency Medical Director may designate another person or persons to perform the duties during periods of his or her temporary absence or in an emergency.

History

Source: Amended at 19 Ill. Reg. 15428, effective November 15, 1995

20 Ill. Adm. Code 415.20 Definitions

a) "Agency Medical Director" means the Medical Director of the Department of Corrections.

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

c) "Communicable disease" means a disease caused by an organism that is transmitted through airborne means or casual contact, or through blood or bodily secretion contact from one human being to another.

d) "Department" means the Department of Corrections.

e) "Department physician or dentist" means any physician or dentist who provides services for the Department.

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

g) "Gravely disabled" means a condition in which an offender, as a result of a mental illness or mental disorder:

Is in danger of serious physical harm resulting from the person's failure to provide for his or her essential human needs of health or safety; or
Manifests serious deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over the person's actions that is likely to seriously jeopardize his or her health or safety.

h) "Likelihood of serious harm" means:

A substantial risk that physical harm will be inflicted by an offender upon his or her own person as evidenced by, among other things, threats or attempts to commit suicide or inflict physical harm on one's self; or
A substantial risk that physical harm will be inflicted by an offender upon another as evidenced by, among other things, behavior that has caused such harm or that places another person or persons in reasonable fear of sustaining such harm; or
A substantial risk that physical harm will be inflicted by an offender upon the property of others as evidenced by, among other things, behavior that has caused substantial loss or damage to the property of others.

i) "Mental health professional" means a psychiatrist, physician, psychiatric nurse, clinically trained psychologist, or an individual who has clinical training and a master's degree in social work or psychology.

j) "Physician" means an individual who is licensed by the State of Illinois to practice medicine in all of its branches.

k) "Specialized mental health setting" means a Department of Corrections facility or unit that specializes in mental health care.

History

Source: Amended at 29 Ill. Reg. 3883, effective March 1, 2005

20 Ill. Adm. Code 415.30 Medical and Dental Examinations and Treatment

a) Within seven working days after admission to a reception and classification center, each offender shall be given a physical examination by a physician or by a nurse practitioner under the direct supervision of a physician or by a physician's assistant under the direct supervision of a physician. Each offender shall be immunized as prescribed by the physician.

b) Each offender shall be examined by a dentist within 10 working days after admission to a reception and classification center. The dentist shall chart the oral cavity and classify dental health.

c) Emergency treatment shall be available to offenders 24 hours a day.

d) A health care unit or area shall be established at each adult and juvenile correctional facility (excluding transition centers) within the Department. Offenders shall be admitted to the health care unit or area as determined by health care personnel. Offenders in the Impact Incarceration Program or at work camps shall receive health care through the program or camp's parent facility.

e) Offenders shall be informed of the institutional procedures for obtaining medical, dental, or mental health services.

f) Persons committed to adult and juvenile facilities (excluding transition centers) shall be provided medical and dental treatment, with the consent of the parent or guardian where applicable, as prescribed by a Department physician or dentist.

g) Adult offenders who require non-emergency medical or dental services shall authorize the Department to deduct a $2.00 co-pay from present or future funds in his or her trust fund account prior to each visit. Non-emergency services do not include any follow-up visits determined necessary by a Department physician or HIV (Human Immunodeficiency Virus) testing and related counseling.

The co-payment shall be paid from the offender's trust fund when the services are delivered.
Offenders who are without funds at the time services are delivered shall not be denied medical or dental services. Except as indicated in subsection (g)(3), the offender's trust fund account shall be restricted for the amount of co-payment and shall be paid upon receipt of future funds.
Offenders shall be exempt from the co-payment if, at the time services are provided, the offender is indigent. Offenders shall be found indigent if:

A) At the time service is delivered, the offender's trust fund balance is under $2.00; and

B) At no time for the 60 days immediately preceding the service or since arrival at the offender's current facility, whichever occurred most recently, has the offender's trust fund contained more than $2.00, regardless of the source of funds.

h) An offender who has or is suspected of having a communicable disease may be isolated from other offenders. This determination shall be made by a physician as deemed medically necessary.

i) In case of critical illness or major surgery, the Chief Administrative Officer shall:

Attempt to notify the person designated by the offender to be contacted in case of an emergency and, where applicable, the parent or guardian.
Notify the Chief Legal Counsel if consent for treatment is not obtained or other legal issues arise.
Notify the Agency Medical Director.

j) The decision to continue or terminate a pregnancy is a medical determination that shall be made by the offender in consultation with her physician.

Offenders contemplating an abortion shall be provided with information and counseling concerning the nature of, the consequences of, and any risks associated with the procedure and available alternatives.
Offenders shall be granted a furlough for the purpose of obtaining an abortion. Offenders shall be permitted to accept funds for an abortion from local community charities or other sources.

k) Offenders shall be offered testing and related counseling for HIV following transfer from reception and classification and prior to release, discharge, or parole.

l) A record of all medical and dental examinations, findings, and treatment shall be maintained.

History

Source: Amended at 31 Ill. Reg. 9842, effective July 1, 2007

20 Ill. Adm. Code 415.40 Mental Health Services

a) Persons committed to the Department shall have access to mental health services as determined by a mental health professional.

b) Community mental health services offered through the Department for juveniles released on parole or Mandatory Supervised Release shall be provided in accordance with 59 Ill. Adm. Code 132, Medicaid Community Mental Health Services. Such services shall be provided by entities that are Medicaid certified and periodically reviewed by the Department or by the Department of Human Services in accordance with 59 Ill. Adm. Code 132.

History

Source: Amended at 29 Ill. Reg. 3883, effective March 1, 2005

20 Ill. Adm. Code 415.50 Mental Health Examinations and Treatment for Guilty But Mentally Ill

a) Within 48 hours after admission to a reception and classification center, each offender adjudicated guilty but mentally ill shall be screened by a mental health professional.

b) An examination by a licensed or registered mental health professional shall be performed on an offender adjudicated guilty but mentally ill within four days after the offender's admission to a reception and classification center. The purpose of the examination is to determine the mental health status of the individual at the time of admission to the Department and to make any appropriate recommendations necessary for the care of such individuals. Offenders so examined:

Who demonstrate acute symptoms of mental illness or who are determined to be dangerous to self or others shall be treated in accordance with the procedures applicable to other offenders. Treatment may include routine or emergency placement in a specialized mental health setting. Offenders placed in a specialized mental health setting shall remain as long as determined to be clinically necessary.
Who are determined not to be in need of placement in a specialized mental health setting may receive necessary treatment services in a general institutional setting when such services are clinically recommended by a mental health professional.
Who are found to be symptom free or in remission at the time of admission to the Department and are not in need of mental health treatment shall be placed in a general institutional setting.

c) Once placed in a general institutional setting, these offenders shall be examined or evaluated by a mental health professional at a minimum of every three months for the first six months and then every six months thereafter.

These offenders may be referred by appropriate staff or may request an examination or evaluation more frequently.
More frequent evaluations may also be performed at the discretion of the examining mental health professional as determined to be clinically necessary.

d) Three months prior to the scheduled release date of an offender adjudicated guilty but mentally ill, an evaluation by a mental health professional shall be conducted to assess the person's post-release treatment needs, that may include residential care, out-patient counseling, psychotropic medication, periodic psychiatric or psychological evaluation, high level parole supervision, commitment to Department of Mental Health and Developmental Disabilities, or other supportive services (e.g., sheltered workshops, group homes, or vocational training and assistance in obtaining needed treatment or services).

If the offender has received psychotropic medication within the previous 12 months, this report must include a psychiatric evaluation of the need for medication or psychiatric monitoring.
A copy of the report shall be provided to the appropriate field service office.

e) Within 30 days before the scheduled release date of an offender adjudicated guilty but mentally ill, a final evaluation by a mental health professional shall be conducted to determine whether any changes in the offender's mental or emotional status may affect the previous evaluation of the offender's post-release treatment needs. A report shall be prepared and forwarded to the appropriate field service office no later than seven days prior to the offender's scheduled release date.

History

Source: Amended at 29 Ill. Reg. 3883, effective March 1, 2005

20 Ill. Adm. Code 415.60 Review of Placements in a Specialized Mental Health Setting

a) A review of each offender placed at a specialized mental health setting shall be made at least once every six months.

The review shall be conducted by a staff psychiatrist and the Administrator of the mental health center or unit or designee.
Written results of the review shall be given to the offender.
If the recommendation is for the offender to continue in the program at the mental health center or unit, the individual may request a review of that decision by the Placement Review Board.

A) The Placement Review Board shall be composed of three members appointed by the Director. One member shall be a mental health professional and one member shall not be employed by the Department.

B) The Placement Review Board shall review all psychiatric records and may interview the petitioner. The Board may call any employee or other person to present information determined to be relevant to the review.

C) An agreement by a majority of the Board shall be considered the decision of the Board.

D) The decision shall be delivered to the offender in writing.

b) A request for a review hearing may be made at anytime by an offender placed at a specialized mental health setting and must be granted at least once every six months.

History

Source: Amended at 29 Ill. Reg. 3883, effective March 1, 2005

20 Ill. Adm. Code 415.70 Involuntary Administration of Psychotropic Medication

a) Administration of Psychotropic Medication

Psychotropic medication shall not be administered to any offender against his or her will or without the consent of the parent or guardian of a minor who is under the age of 18, unless:

A) A psychiatrist, or in the absence of a psychiatrist a physician, has determined that:

i) The offender suffers from a mental illness or mental disorder; and

ii) The medication is in the medical interest of the offender; and

iii) The offender is either gravely disabled or poses a likelihood of serious harm to self or others; and

B) The administration of such medication has been approved by the Treatment Review Committee after a hearing (see subsection (b) of this Section). However, no such approval or hearing shall be required when the medication is administered in an emergency situation. An emergency situation exists whenever the required determinations listed in subsection (a)(1)(A) of this Section have been made and a psychiatrist, or in the absence of a psychiatrist a physician, has determined that the offender poses an imminent threat of serious physical harm to self or others. In all emergency situations, the procedures set forth in subsection (e) of this Section shall be followed.

Whenever a physician orders the administration of psychotropic medication to an offender against the person's will, the physician shall document in the offender's medical file the facts and underlying reasons supporting the determination that the standards in subsection (a)(1) of this Section have been met and:

A) The Chief Administrative Officer shall be notified as soon as practicable; and

B) Unless the medication was administered in an emergency situation, the Chairperson of the Treatment Review Committee shall be notified in writing within three days.

b) Treatment Review Committee Procedures

The Treatment Review Committee shall be comprised of two members appointed by the Chief Administrative Officer, both of whom shall be mental health professionals and one of whom shall be a physician. One member shall serve as Chairperson of the Committee. Neither of the Committee members may be involved in the current decision to order the medication. The members of the Committee shall have completed a training program in the procedural and mental health issues involved that has been approved by the Agency Medical Director.

The Chief Administrative Officer shall designate a member of the program staff not involved in the current decision to order medication to assist the offender. The staff assistant shall have completed a training program in the procedural and mental health issues involved that has been approved by the Agency Medical Director.
The offender and staff assistant shall receive written notification of the time and place of the hearing at least 24 hours prior to the hearing. The notification shall include the tentative diagnosis and the reasons why the medical staff believes the medication is necessary. The staff assistant shall meet with the offender prior to the hearing to discuss the procedural and mental health issues involved.
The offender shall have the right to attend the hearing unless the Committee determines that it is likely that the person's attendance would subject the person to substantial risk of serious physical or emotional harm or pose a threat to the safety of others. If such a determination is made, the facts and underlying reasons supporting the determination shall be documented in the offender's medical file. The staff assistant shall appear at the hearing whether or not the offender appears.
The documentation in the medical file referred to in subsection (a)(2) of this Section shall be reviewed by the Committee and the Committee may request the physician's personal appearance at the hearing.
Prior to the hearing, witnesses identified by the offender and the staff assistant may be interviewed by the staff assistant after consultation with the offender as to appropriate questions to ask. Any such questions shall be asked by the staff assistant unless cumulative, irrelevant, or a threat to the safety of individuals or the security of the facility.
Prior to the hearing, the offender and the staff assistant may request in writing that witnesses be interviewed by the Committee and may submit written questions for witnesses to the Chairperson of the Committee. These questions shall be asked by the Committee unless cumulative, irrelevant, or a threat to the safety of individuals or the security of the facility. If any witness is not interviewed, a written reason shall be provided.
Prior to the hearing, the offender and the staff assistant may request in writing that witnesses appear at the hearing. Any such request shall include an explanation of what the witnesses would state. Reasonable efforts shall be made to have such witnesses present at the hearing, unless their testimony or presence would be cumulative, irrelevant, or a threat to the safety of individuals or the security of the facility, or for other reasons including, but not limited to, unavailability of the witness or matters relating to institutional order. In the event requested witnesses are unavailable to appear at the hearing but are otherwise available, they shall be interviewed by the Committee as provided for in subsections (b)(6) and (9) of this Section.
At the hearing, the offender and the staff assistant may make statements and present documents that are relevant to the proceedings. The staff assistant may direct relevant questions to any witnesses appearing at the hearing. The offender may request that the staff assistant direct relevant questions to any witnesses appearing at the hearing and the staff assistant shall ask such questions unless cumulative, irrelevant, or a threat to the safety of individuals or the security of the facility.
The Committee shall make such investigation as it deems necessary. The staff assistant shall be informed of any investigation conducted by the Committee and shall be permitted to direct relevant questions to any witnesses interviewed by the Committee. The staff assistant shall consult with the offender regarding any statements made by witnesses interviewed by the Committee and shall comply with requests by the offender to direct relevant questions to such witnesses unless cumulative, irrelevant, or a threat to the safety of individuals or the security of the facility.
The Committee shall consider all relevant information and material that has been presented in deciding whether to approve administration of the medication.
A written decision shall be prepared and signed by all members of the Committee that contains a summary of the hearing and the reasons for approving or disapproving the administration of the medication. Copies of the decision shall be given to the offender, the staff assistant, and the Chief Administrative Officer. Any decision by the Committee to approve involuntary administration of psychotropic medication must be unanimous. The Chief Administrative Officer shall direct staff to comply with the decision of the Committee.
If the Committee approves administration of the medication, the offender shall be advised of the opportunity to appeal the decision to the Agency Medical Director by filing a written appeal with the Chairperson within five days after the offender's receipt of the written decision.

c) Review by Agency Medical Director

If the offender appeals the Treatment Review Committee's decision, staff shall continue to administer the medication as ordered by the physician and approved by the Committee while awaiting the Agency Medical Director's decision on the appeal.
The Chairperson of the Committee shall promptly forward the written notice of appeal to the Agency Medical Director or a physician designated by the Agency Medical Director.
Within five working days after receipt of the written notice of appeal, the Agency Medical Director shall:

A) Review the Committee's decision, make such further investigation as deemed necessary, and submit a written decision to the Chief Administrative Officer; and

B) Provide a copy of the written decision to the offender, the staff assistant, and the Chairperson of the Committee.

The Chief Administrative Officer shall direct staff to comply with the decision of the Agency Medical Director.

d) Periodic Review of Medication

Whenever any offender has been involuntarily receiving psychotropic medication continuously or on a regular basis for a period of six months, the administration of such medication shall, upon the offender's written request, be reviewed by the Treatment Review Committee in accordance with the procedures enumerated in subsections (b) and (c) of this Section. Every six months thereafter, for so long as the involuntary medication continues on a regular basis, the offender shall have the right to a review hearing upon written request.
Every offender who is involuntarily receiving psychotropic medication shall be evaluated by a psychiatrist at least every 30 days, and the psychiatrist shall document in the offender's medical file the basis for the decision to continue the medication.

e) Emergency Procedures

Subsequent to the involuntary administration of psychotropic medication in an emergency situation:

The basis for the decision to administer the medication shall be documented in the offender's medical file and a copy of the documentation shall be given to the offender and to the Agency Medical Director for review.
A mental health professional shall meet with the offender to discuss the reasons why the medication was administered and to give the offender an opportunity to express any concerns he or she may have regarding the medication.

f) Documentation

Copies of all notifications and written decisions shall be placed in the offender's medical file.

g) Grievances

An offender may submit a grievance concerning the involuntary administration of psychotropic medication directly to the Administrative Review Board in accordance with 20 Ill. Adm. Code 504.Subpart F. In considering the grievance, the Board shall confer with the Agency Medical Director.

h) Treatment of Minors

In the case of an offender who is a minor under the age of 18, the parent or guardian shall be sent the documentation and written decisions that are provided to the offender pursuant to this Section and shall be permitted to attend and participate in any proceedings required by this Section. Notice of any Treatment Review Committee hearing shall be promptly sent to the parent or guardian and reasonable attempts shall be made to provide such notice at least 72 hours prior to the hearing.

History

Source: Amended at 29 Ill. Reg. 3883, effective March 1, 2005

20 Ill. Adm. Code 415.80 Organ Transplants

a) The Department shall grant a medical furlough for purposes of obtaining an organ transplant if:

The offender or the parent or guardian of a minor who is under the age of 18 has made all necessary arrangements with the organ transplant facility, including application for eligibility as a recipient of an organ donor and appropriate financial arrangements. The offender must be accepted by an approved organ transplant facility prior to approval of the medical furlough;
The Agency Medical Director confirms that the offender would be a suitable candidate for an organ transplant that is needed to preserve the offender's life or prevent irreparable harm; and
The organ transplant facility is approved by the Agency Medical Director and the Chief Administrative Officer.

b) The offender or the parent or guardian of a minor who is under the age of 18 shall be responsible for the cost of the organ transplant procedure, including but not limited to pre-transplant evaluations performed by the transplant facility, the hospital stay, the physicians' services and other medical services involved. The offender shall be permitted to accept funds for the organ transplant from local community charities or other sources. The cost of the transportation and security for the offender shall be paid by the offender, whenever possible.

c) The Department shall direct the offender or the parent or guardian of a minor who is under the age of 18 to the organ transplant facilities and known sources of funding associated with an organ transplant.

d) Use of in-State transplant facilities is preferred. Out-of-State facilities shall be considered if no in-State facility is available and if the offender or the parent or guardian of a minor who is under the age of 18 signs a waiver of extradition.

History

Source: Amended at 29 Ill. Reg. 3883, effective March 1, 2005

Part 420 Assignment of Committed Persons

20 Ill. Adm. Code 420.10 Applicability

This Part applies to the Adult and Juvenile Divisions of the Department of Corrections (Department).

History

Source: Amended at 11 Ill. Reg. 11497, effective July 1, 1987

20 Ill. Adm. Code 420.15 Responsibilities

History

Source: Added at 11 Ill. Reg. 11497, effective July 1, 1987

20 Ill. Adm. Code 420.20 Definitions

"Assignment Officer" means one or more persons designated by the Chief Administrative Officer to, among other matters, conduct reviews and make recommendations concerning institutional assignments, inter-institutional transfers, security classifications and program assignments.

History

Source: Amended at 11 Ill. Reg. 11497, effective July 1, 1987

20 Ill. Adm. Code 420.30 Assignment

a) Assignments of committed persons to facilities shall be in accordance with 20 Ill. Adm. Code 503.

b) The Assignment Officer shall, within 60 days following admission for adults, or within 30 days following admission for juveniles, make a recommendation for the assignment of a committed person received at an assigned facility.

c) Temporary assignments may be made by the Assignment Officer prior to review by the Chief Administrative Officer.

d) Committed persons, upon request, shall be considered for placement in programs or assignments for which they are eligible to receive earned good conduct credits in accordance with 20 Ill. Adm. Code 107.Subpart F or placement on a waiting list if one exists. In determining eligibility for placement in such programs or assignments the Department shall consider, among other factors, the requirements for admission to the requested program or assignment, staff recommendations, administrative concerns, the safety and security of the facility or any person, and the committed person's institutional behavior, disciplinary record, educational record, projected release date, and medical and mental health status.

e) A committed person may be given an opportunity to appear before and address the Assignment Officer whenever the individual's case is being considered.

f) Recommendations made by the Assignment Officer shall be in writing.

g) All recommendations are subject to review and approval by the Chief Administrative Officer.

History

Source: Amended at 18 Ill. Reg. 2929, effective February 14, 1994

20 Ill. Adm. Code 420.40 Removal/Reassignment

a) A committed person may be removed from his assignment and/or reassigned by the Chief Administrative Officer, or by the Assignment Officer with subsequent approval by the Chief Administrative Officer. Removal and/or reassignment shall be based upon matters including, but not limited to, the committed person's inability or incompetence in performing or completing the assignment, disciplinary reasons, the committed person's request for an assignment change, staff recommendation, security or administrative reasons.

b) Placement in segregation status shall result in the removal of an adult committed person from his assignment.

When a committed person is found not guilty of a rule violation in accordance with Part 504, or an investigation indicates that he did not commit a violation, he may be returned to the assignment he held prior to being removed. Factors to be considered may include, but not be limited to, the availability of the assignment, basis for the finding of not guilty, results of the investigation or staff recommendation.
When a committed person is found guilty of a rule violation in accordance with Part 504, he shall, upon release from segregation status, be given an assignment other than the assignment held prior to being placed in segregation, unless return to the same assignment is approved in writing by the Chief Administrative Officer.

c) Removal or reassignments shall be made in accordance with Section 420.30.

History

Source: Amended at 11 Ill. Reg. 11497, effective July 1, 1987

Part 425 Chaplaincy Services and Religious Practices

20 Ill. Adm. Code 425.10 Applicability

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

History

Source: Amended at 19 Ill. Reg. 6515, effective May 1, 1995

20 Ill. Adm. Code 425.12 Definitions

"Chaplain" means an individual who is commissioned, licensed, ordained, or endorsed as required by the individual's religious faith and with whom the facility has employed or contracted to conduct religious activities within a correctional facility.

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

"Department" means the Department of Corrections.

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

"Faith representative" means a religious program volunteer who is commissioned, licensed, ordained, endorsed, or otherwise accepted as a religious authority by the individual's religious faith.

"Religious activity" includes religious services, prayers, rituals, ceremonies, celebrations, study groups, and meetings.

"Religious leader" means a member of the community who is commissioned, licensed, ordained, endorsed or otherwise accepted as a religious authority by the individual's religious faith.

"Religious program volunteer" means a member of the community who is recognized by a faith group and who has been approved by the facility in accordance with 20 Ill. Adm. Code 435 to conduct specific religious activities on a volunteer basis.

History

Source: Added at 19 Ill. Reg. 6515, effective May 1, 1995

20 Ill. Adm. Code 425.15 Responsibilities

History

Source: Added at 19 Ill. Reg. 6515, effective May 1, 1995

20 Ill. Adm. Code 425.20 Procedure (repealed)

History

Source: Repealed at 19 Ill. Reg. 6515, effective May 1, 1995

20 Ill. Adm. Code 425.30 Accommodation of Religious Beliefs

a) Committed persons shall be provided reasonable opportunities to pursue their religious beliefs and practices subject to concerns regarding security, safety, rehabilitation, institutional order, space, and resources.

b) Participation in or attendance at religious activities shall be voluntary.

c) Committed persons shall not pressure or coerce other persons to join or participate in the activities of a particular religion.

d) Committed persons shall not engage in religious activities which may encourage violence against others or are likely to disrupt institutional safety or operations.

e) Committed persons shall be requested to designate their religious affiliation during the orientation process. Such designation of religious affiliation does not constitute endorsement or recognition of that religion by the Department.

f) Committed persons may only attend the religious activities of their designated religion or non-denominational religious activities, except as provided in subsection (g) of this Section pursuant to Section 425.60.

g) Committed persons requesting to attend a religious activity of a faith other than their designated faith shall submit their written request to the facility chaplain who will determine whether their attendance at the activity can be accommodated based on factors such as security, safety, rehabilitation, institutional order, space, and resources.

h) Committed persons desiring to designate their religious affiliation after the orientation process or to change their designated religious affiliation shall submit the written request to the facility chaplain. The facility chaplain may refuse to change the affiliation if it is determined that the change is being requested for other than religious reasons. This determination may be based, among other matters, on the frequency of changes or a pattern of changing religious affiliation prior to a particular faith group's scheduled holiday or celebration.

History

Source: Added at 19 Ill. Reg. 6515, effective May 1, 1995

20 Ill. Adm. Code 425.40 Religious Practice Advisory Board

a) The Director shall appoint a multi-denominational Religious Practice Advisory Board comprised of legal, administrative, and chaplaincy staff. One of the members of the Board shall be designated as chairperson.

b) The Board shall, among other matters:

Provide guidance to the Department regarding religious activities.
Review and make recommendations regarding designated:

A) Religious grievances filed by committed persons;

B) Requests from committed persons for religious diets, non-traditional religious symbols, headgear, clothing, and other religious items;

C) Requests from committed persons for religious activities not currently offered at the correctional facility and for religious activities permitted under Section 425.60(f);

D) Requests from committed persons for relief from a work assignment or institutional program for specific religious reasons; and

E) Issues involving the training, screening, and reimbursement of religious volunteers.

c) The Board shall confer with religious leaders or faith representatives from various faith groups regarding the validity and legitimacy of the religious request and the sincerity of the committed persons' beliefs, as the Board determines necessary.

History

Source: Added at 19 Ill. Reg. 6515, effective May 1, 1995

20 Ill. Adm. Code 425.50 Chaplains and Religious Program Volunteers

a) The Adult and Juvenile Divisions may utilize chaplains and religious program volunteers on a full-time or part-time basis.

b) Religious program volunteers who provide religious activities to committed persons shall not normally be reimbursed for travel expenses. However, the Chief Administrative Officer may approve reimbursement for travel expenses, not to exceed the reimbursement rate applicable to State employees. In determining whether to approve reimbursement, the Chief Administrative Officer shall consider the recommendation of the Religious Practice Advisory Board as well as factors such as: distance traveled, number of hours at the facility, frequency of visits, fiscal resources, availability of other volunteers of that faith, and whether religious program volunteers of religious groups of comparable size have been compensated for travel of a similar nature.

History

Source: Added at 19 Ill. Reg. 6515, effective May 1, 1995

20 Ill. Adm. Code 425.60 Religious Activities

a) Religious activities approved by the Chief Administrative Officer shall be conducted or supervised by a chaplain or religious program volunteer.

b) The Chief Administrative Officer, after consultation with the facility chaplain, shall regulate the time, place, and manner in which religious activities are conducted. The Chief Administrative Officer may limit, restrict, discontinue, or deny a religious activity based upon concerns regarding security, safety, rehabilitation, institutional order, space, or resources.

c) Nothing in this Part shall require the provision of group religious activities to committed persons in impact incarceration program facilities, reception and classification centers, or in segregation areas, the condemned unit, or specialized housing units within the facility, such as the hospital.

d) Nothing in this Part shall require the Department to provide each separate religious group or sects within a group with a chaplain or with separate religious activities regardless of the size of the religious group or the extent of the demand for the activities.

e) Committed persons shall be prohibited from assuming a position of authority or leadership over other committed persons. This does not preclude committed persons from actively participating in religious activities.

f) Religious activities for which religious program volunteers or chaplains of that particular faith are unavailable on a permanent or protracted basis may be permitted if the following conditions are satisfied:

The committed persons submit written verification to the facility chaplain that they attempted to locate and secure the services of religious leaders or faith representatives from the community and that such persons refused or were not approved to conduct religious activities;
Security, program, or chaplaincy staff are available to attend and supervise the religious activity;
Written verification that attendance at existing religious activities does not satisfy the recognized tenets of their faith is received;
Written agreement by a chaplain, faith representative, or recognized religious leader of that faith group to provide general oversight and guidance of the religious activity is received;
The Religious Practice Advisory Board recommends approval; and
The committed person submits a copy of any proposed sermon or doctrinal interpretation to the Chief Administrative Officer or staff designated to supervise the religious activity for review and approval prior to delivery, based on safety and security concerns.

g) The staff supervisor may call upon various committed persons to guide portions of the religious activity subject to safety and security concerns.

h) Religious activities defined under subsection (f) of this Section shall be prohibited where based solely on the temporary or occasional unavailability of a chaplain or a religious program volunteer.

i) The Chief Administrative Officer may limit, restrict, or discontinue religious activities permitted under subsection (f) of this Section based upon concerns such as security, safety, rehabilitation, institutional order, space, or resources and may require periodic rotation of committed persons permitted to guide portions of religious activities.

History

Source: Added at 19 Ill. Reg. 6515, effective May 1, 1995

20 Ill. Adm. Code 425.70 Accommodation of Religious Diets

a) Committed persons shall be permitted to abstain from any foods the consumption of which violates their required religious tenets.

b) Any foods which contain pork or pork by-products shall be identified in accordance with 20 Ill. Adm. Code 502.20.

c) A committed person may submit a written request to the facility chaplain to receive an alternative diet for specific religious reasons. The request must contain written verification that the committed person is a member of a faith group that requires adherence to a particular diet and the specific requirements of the diet. Eligibility to receive an alternative diet for specific religious reasons shall be determined by the facility chaplain who shall ordinarily confer with a religious leader or faith representative of the faith group at issue. The facility chaplain and the religious leader or faith representative may interview the committed person.

d) A committed person requesting a dietary modification required by a specific religious holiday or ceremony must submit a written request to the facility chaplain 45 calendar days before the holiday or ceremony. The request must contain verification that the committed person is a member of a faith group requiring the dietary modification and the specific requirements of the dietary modification. Eligibility to receive an alternative diet for a specific religious holiday or ceremony shall be determined by the facility chaplain who shall ordinarily confer with a religious leader or faith representative of the faith group at issue. The facility chaplain and religious leader or faith representative may interview the committed person.

e) A committed person who does not adhere to the alternative diet shall no longer receive the alternative diet, unless otherwise approved by the Chief Administrative Officer.

History

Source: Added at 19 Ill. Reg. 6515, effective May 1, 1995

20 Ill. Adm. Code 425.80 Religious Publications and Recordings

a) Committed persons may obtain religious publications or recordings in accordance with this Part and Departmental Rules governing purchasing, incoming mail, publications, and personal property (see 20 Ill. Adm. Code 205, 525, and 535) or through donations distributed by the chaplain.

b) Religious publications shall be submitted to the Publication Review Committee for review pursuant to 20 Ill. Adm. Code 525:Subpart C. The Publication Review Committee may confer with the chaplain.

c) Committed persons shall be permitted to receive or possess commercially made religious audio cassettes, sealed in cellophane or similar material, that are not available through the commissary and are sent directly from a manufacturer, retailer, or distributor. Committed persons shall also be permitted to receive or possess religious audio cassettes directly from religious organizations. The Chief Administrative Officer or chaplain may review and deny such audio cassettes if they are deemed to pose a threat to the safety or security of the institution. If such audio cassettes are denied, they shall be submitted to the Religious Practice Advisory Board for review.

History

Source: Added at 19 Ill. Reg. 6515, effective May 1, 1995

20 Ill. Adm. Code 425.90 Religious Items

a) Committed persons may obtain religious symbols, clothing, and other items in accordance with this Part and Departmental Rules governing purchasing, incoming mail, and personal property (see 20 Ill. Adm. Code 205, 525, and 535) or through the chaplain.

b) Committed persons shall be permitted to have up to two traditionally accepted religious symbols or religious symbols which have been authorized by the Religious Practice Advisory Board and which represent their designated faith. These may include but not be limited to medals, medallions, scapulas, or prayer beads.

c) Religious items may be limited, restricted, or denied by the Chief Administrative Officer based upon concerns such as safety, security, rehabilitation, institutional order, space, resources, or facilitation of gang identification, recruitment, or activity.

Certain items, such as candles and incense, shall be restricted by the Chief Administrative Officer or chaplain to use for religious activities only. Such items shall be stored in a designated area of the facility and shall be available upon request for use during approved religious activities held in the chapel or other designated common area.
Religious symbols shall not exceed two inches in height or width. The chain upon which a medal or medallion is attached shall not exceed 24 inches in length. The combined value of the medal or medallion and chain shall not exceed $50.
The Department may restrict the color of religious items.
Rosary beads shall be a solid color, either black, brown, or white, and shall not be permitted to be worn as jewelry.
Medals or medallions shall not contain precious gems or stones.
Medals or medallions shall not be of a design that could be used as a weapon or to conceal contraband.
Religious symbols attached to pins shall not be permitted.
Prayer rugs may be permitted if utilized as a component of the committed person's faith but will be limited to the immediate living area during prayer or the area of religious service.

d) Committed persons may wear articles of religious clothing, including but not limited to robes, prayer shawls, or talits, only in their immediate sleeping areas during prayer or in the area of religious service if verification is submitted that the clothing is worn as a component of their religion.

e) The wearing of religious headgear, including but not limited to fezzes, kufis, and yarmulkes, shall be limited only to the committed person's immediate sleeping area during prayer and to the area of religious service provided that verification is submitted that the wearing of the religious headgear is required by the committed person's designated faith.

History

Source: Added at 19 Ill. Reg. 6515, effective May 1, 1995

20 Ill. Adm. Code 425.100 Institutional Work and Program Assignments

a) Committed persons shall be relieved from a work assignment, without pay, on a recognized religious holiday or celebration which prohibits work or if the work assignment violates the specific requirements of the committed person's faith subject to concerns regarding safety, security, rehabilitation, institutional order, space, and resources. Committed persons must initiate the request to be relieved from the assignment by submitting a written request to the Chief Administrative Officer not less than thirty calendar days prior to the holiday.

b) The Chief Administrative Officer may relieve a committed person from an institutional program or assignment if a religious activity is scheduled at the same time and the committed person has designated that faith, subject to concerns regarding safety, security, rehabilitation, institutional order, space, and resources.

History

Source: Added at 19 Ill. Reg. 6515, effective May 1, 1995

20 Ill. Adm. Code 425.110 Requests for Religious Accommodations

a) Committed persons requesting religious items shall submit the request in writing to the facility chaplain and shall be required, if requested by the facility chaplain or the Religious Practice Advisory Board, to include written verification from an outside faith group or from a religious authoritative source that the religious item is necessary for the practice of the committed person's religion or that the item is a symbol or integral part of the person's religion.

b) Committed persons requesting religious activities of the type not offered by the Department shall submit the request in writing to the facility chaplain and shall be required, if requested by the facility chaplain or the Religious Practice Advisory Board, to submit the following information:

Written verification that other committed persons belong to that faith and are interested in attending such religious activities;
The names, addresses, and telephone numbers of the outside leaders of the faith;
Copies of the by-laws, charters, or articles of incorporation, to the extent available;
Written verification of the religion's practices, requirements, historical origins, size of membership population, organization hierarchy and structure, role of religious personnel, and dietary restrictions;
The time, place, and nature of any religious activities to be conducted and the identity of the religious program volunteer who will conduct the requested religious activities as well as their address, telephone number, and credentials; and
The documentation required under Section 425.60.

c) Committed persons requesting religious accommodations not addressed in Section 425.110 may be required, if requested by the facility chaplain or Religious Practice Advisory Board, to provide some or all of the following:

The names, addresses, and telephone numbers of the outside leaders of the faith;
Copies of the by-laws, charters, or articles of incorporation, to the extent available; and
Written verification of the religion's practices, requirements, historical origins, size of membership population, organizational hierarchy and structure, role of religious personnel, and dietary restrictions.

d) The chaplain shall inform the Chief Administrative Officer of any religious request and may, as determined necessary, submit the request and any required documentation to the Religious Practice Advisory Board for review in accordance with Section 425.40.

History

Source: Added at 19 Ill. Reg. 6515, effective May 1, 1995

20 Ill. Adm. Code 425.120 Religious Grievances

Any religious issue may be grieved in accordance with 20 Ill. Adm. Code 504:Subpart F or G.

History

Source: Added at 19 Ill. Reg. 6515, effective May 1, 1995

Part 430 Library Services and Legal Materials

20 Ill. Adm. Code 430.10 Applicability

This Part applies to the Adult and Juvenile Divisions.

20 Ill. Adm. Code 430.20 Library Services and Legal Materials

a) Each correctional facility shall provide opportunities for access to library services and legal materials. However, general library services and/or direct access to a law library may be limited, restricted or denied if library privileges have been abused or in the event that institutional safety or security may be jeopardized. An alternate means of access to legal materials and to prepare legal documents shall be provided in these instances.

b) The amount of books and materials a committed person may accumulate may be limited where the amount poses a fire, sanitation or security hazard.

20 Ill. Adm. Code 430.30 Assistance by Committed Persons

Committed persons may assist one another in the preparation of legal documents to the extent consistent with institutional security. Committed persons shall not receive compensation for such assistance.

20 Ill. Adm. Code 430.40 Photocopying Services

a) Materials may be photocopied by the library. The cost for reproduction will be determined by the facility based on actual cost per copy and charged to the committed person.

b) Committed persons who are without funds shall be provided and charged for copying services for legal materials which may not be reasonably duplicated by other means. Legal documents shall be deemed to mean pleadings, complaints or petitions, briefs, exhibits, affidavits, notices of filing or other documents to be filed in a court of law or other forum in which a suit may be filed or which are required to be served upon opposing counsel or parties.

Part 435 Volunteer Services

20 Ill. Adm. Code 435.10 Applicability

This Part applies to any group or individual who is seeking to provide or is providing volunteer services within the Department of Corrections.

History

Source: Amended at 16 Ill. Reg. 8166, effective June 1, 1992

20 Ill. Adm. Code 435.12 Definitions

"Chief Administrative Officer" means the highest ranking official of a correctional facility or the Deputy Director of any other Department facility.

"Correctional facility" means a correctional center, youth center, or community correctional center within the Department.

"Department" means the Department of Corrections.

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

"Facility" means any correctional facility, program, or office within the Department.

"Volunteer Services Coordinator" means the staff member responsible for coordinating volunteer services for the facility.

History

Source: Added at 16 Ill. Reg. 8166, effective June 1, 1992

20 Ill. Adm. Code 435.15 Responsibilities

a) Unless otherwise specified, the Director, Chief Administrative Officer, or Volunteer Services Coordinator may delegate responsibilities stated in this Part to another person or persons or designate another person or persons to perform the duties specified.

b) No other individual may routinely perform duties whenever a Section in this Part specifically states the Director, Chief Administrative Officer, or Volunteer Services Coordinator shall personally perform the duties. However, the Director, Chief Administrative Officer, or Volunteer Services Coordinator may designate another person or persons to perform the duties during periods of his temporary absence or in an emergency.

History

Source: Amended at 16 Ill. Reg. 8166, effective June 1, 1992

20 Ill. Adm. Code 435.20 Designation of Staff Coordinator

The Chief Administrative Officer of each facility which accepts volunteers shall designate a Volunteer Services Coordinator.

History

Source: Amended at 16 Ill. Reg. 8166, effective June 1, 1992

20 Ill. Adm. Code 435.30 Applications for Volunteer Service: Individuals

a) Applicants for volunteer service shall be required to complete an application provided by the Department and to supply references and verification of qualifications. Applicants shall be subject to screening procedures, including drug testing, and selection criteria adopted by the facility to address security concerns or program requirements.

b) An ex-offender shall not be accepted for volunteer service except as approved by the Chief Administrative Officer and the Director. In making their decision, the Chief Administrative Officer and the Director shall consider matters such as the ex-offender's criminal history, his behavioral history with the Department, and any other prior involvement with the Department.

c) Applicants shall be required to notify each facility for which they wish to provide volunteer service and may be required to submit separate volunteer applications to each facility and to undergo screening and orientation by the respective facilities. The determination whether to require separate applications or screening shall be based, among other matters, on the type of program and safety and security of the facility.

d) Criteria for selection, rejection and retention of volunteers may vary according to program and security needs of the facility.

History

Source: Amended at 16 Ill. Reg. 8166, effective June 1, 1992

20 Ill. Adm. Code 435.40 Applications for Volunteer Service: Groups

a) Citizen groups wishing to provide volunteer service to a correctional facility or to committed persons in the community shall submit a written statement in advance, detailing: the purpose and goals of the proposed program; the intended frequency of visits to the facility or with committed persons; and if applicable, the identity of the target group of committed persons to whom the service would be directed.

Citizen groups proposing to provide such services on a continuing basis shall be required to submit a completed application for each participant and any subsequently added participants. Screening of individual members of the group shall be performed as required for individual volunteer applicants (Section 435.30).
Citizen groups proposing to provide such services on an occasional or one-time-only basis, such as church choirs, athletic teams or visiting entertainers, shall be required to identify participants by name and may be required to provide the date of birth and social security number of each participant. Any member of the group who is an ex-offender must be identified. Names and other required information shall be supplied in advance of each visitation in accordance with requirements of the facility.

b) Citizen groups wishing to provide other volunteer services shall submit a written statement detailing the purpose and goals of the proposed service and suggested procedures for delivery of service. Screening of individual members of the group shall be performed as required for individual volunteer applicants (Section 435.30).

History

Source: Amended at 16 Ill. Reg. 8166, effective June 1, 1992

20 Ill. Adm. Code 435.50 Placement Procedures for Approved Volunteers

This Section applies to applicants who will be providing volunteer services on a continuing basis.

a) Upon completion of the screening process, approved applicants shall be notified of their acceptance by the Volunteer Services Coordinator.

b) Prior to placement, the volunteer:

Shall be informed of and shall agree in writing to observe all applicable rules and to serve as a volunteer at the sole discretion of the Department;
Shall sign a waiver releasing the Department and its agents or employees from liability for injuries or damages which might result in connection with the volunteer activities, except for those claims which may arise due to the willful and wanton conduct of the Department or its authorized agents or employees;
Shall sign a written volunteer job description; and
Shall receive training and orientation appropriate to the volunteer assignment as required by the facility. Written documentation, signed and dated by the volunteer, shall be maintained to verify training and orientation received.

History

Source: Amended at 16 Ill. Reg. 8166, effective June 1, 1992

20 Ill. Adm. Code 435.60 Conduct of Volunteers

Volunteers shall conduct themselves in accordance with the rules of the Department and the facility.

History

Source: Amended at 16 Ill. Reg. 8166, effective June 1, 1992

20 Ill. Adm. Code 435.70 Termination of Volunteer Services

a) Volunteer services may be terminated at any time.

b) Volunteers or volunteer groups who have been dismissed shall surrender any form of identification issued by the Department; and staff shall be notified of the action taken.

c) Any individual or volunteer group whose conduct has resulted in dismissal from one facility shall be restricted from participation in volunteer activities at all other departmental facilities. Reinstatement of the volunteer or volunteer group shall be subject to approval of the Director.

History

Source: Added at 16 Ill. Reg. 8166, effective June 1, 1992

Part 445 Committed Persons' Business Ventures

20 Ill. Adm. Code 445.10 Applicability

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

History

Source: Amended at 11 Ill. Reg. 11511, effective July 1, 1987

20 Ill. Adm. Code 445.15 Responsibilities

History

Source: Added at 11 Ill. Reg. 11511, effective July 1, 1987

20 Ill. Adm. Code 445.20 Manuscripts

A committed person may submit a manuscript for publication but shall not enter into contractual agreements with publishers for a regularly published column. Individuals may submit manuscripts to any market listed in the latest edition of the book, Writer's Market, published by Writer's Digest Books, 9933 Alliance Road, Cincinnati, Ohio 45242.

20 Ill. Adm. Code 445.30 Business Ventures

a) All committed persons are required to inform the Chief Administrative Officer of the following in writing before entering into any business venture:

Type of business;
Service or product to be provided;
Anticipated mail volume (incoming and outgoing); and
Date the business will begin.

b) The Chief Administrative Officer shall determine the facility's capability to handle any administrative burden generated by a business venture and shall specify reasons for denial of such a request in writing unless inappropriate because of safety or security considerations.

c) No committed person shall sell any property, product or service, either individually or through a business entity in which he has a personal or economic interest, to any other committed person or employee, except as otherwise provided by 20 Ill. Adm. Code 120.50.

History

Source: Amended at 11 Ill. Reg. 11511, effective July 1, 1987

20 Ill. Adm. Code 445.40 Arts and Crafts

Committed persons may release to their visitors any art or craft work which they have produced, if approved by the Chief Administrative Officer.

History

Source: Amended at 11 Ill. Reg. 11511, effective July 1, 1987

Part 450 Committed Persons' Organizations

20 Ill. Adm. Code 450.10 Applicability

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

20 Ill. Adm. Code 450.20 Procedures

a) Organizations of committed persons shall be permitted to be established only with the approval of the Chief Administrative Officer. Requests for permission to establish an organization must include the following information:

A statement of purpose and goals of the proposed organization;
The proposed constitution and bylaws;
Criteria and standards for membership; and
An outline of proposed activities.

b) All organizations of committed persons shall be reviewed annually for compliance with departmental rules and policy and procedures of the facility.

c) The Chief Administrative Officer or his designee may revoke or suspend an organization's chapter when it has violated any rule of the Department, or policies or procedures of the facility, or presents a threat to the safety and security of the facility, its staff or other persons.

Part 455 Work Release Programs

20 Ill. Adm. Code 455.10 Applicability

This Part applies to the Community Services Divisions.

History

Source: Amended at 46 Ill. Reg. 19990, effective December 3, 2022

20 Ill. Adm. Code 455.20 Definitions

"Permanent party resident" means an individual in custody who has been transferred from an adult facility to a community correctional center on a work assignment.

"Regular resident" means an individual in custody who has been transferred from an adult facility to a community correctional center prior to the individuals release date for purposes authorized under 730 ILCS 5/3-13-2.

History

Source: Amended at 46 Ill. Reg. 19990, effective December 3, 2022

20 Ill. Adm. Code 455.30 Eligibility Criteria

Individuals in Custody who meet the following criteria may submit a request for consideration for placement in a community correctional center to designated program staff.

a) To be considered for placement, the individual in custody must:

Not be serving a sentence for murder, any Class X felony, attempted murder, voluntary manslaughter, aggravated kidnapping, kidnapping, indecent liberties with a child or arson.
Not have any documented involvement in organized crime activities; and
Not have any documented large scale narcotics trafficking.

b) For pre-release placement as a regular resident, the individual in custody must:

Have no more than 30 months and no less than two months remaining prior to the individuals' release date.
Be in "A" grade (20 Ill. Adm. Code 504.130);
Have a designated security classification of minimum;
Have any outstanding felony warrants or criminal detainers reviewed on a case by case basis prior to placement. However, placement shall not be denied based on a civil immigration detainer or civil immigration warrant as defined by the Illinois TRUST Act [5 ILCS 805];
Have no acute medical or dental problems requiring resolution prior to a transfer. The individual must be cleared by medical/mental health within 30 days prior to pre-release placement;
Have completed a positive risk and needs assessment;
Have an escape history of none and have no violations of pre-released status within the last five years;
Not have received disciplinary action resulting in confinement in restrictive housing or loss of good time within the last 45 days prior to application for pre-release placement; and
Not be the subject of any valid active orders of protection.

c) For placement as a permanent party resident, the individual in custody must:

Be within 3 years of his release date;
Be in "A" grade;
Have a designated security classification of minimum;
Have outstanding felony warrants or criminal detainers reviewed on a case by case basis prior to placement. However, placement shall not be denied based on a civil immigration detainer or civil immigration warrant as defined by the Illinois TRUST Act [5 ILCS 805];
Have completed a positive risk and needs assessment; and
Have documented skills for the work assignment requested. An applicant for a work assignment as a cook must have a food handler's sanitation certificate.

History

Source: Amended at 46 Ill. Reg. 19990, effective December 3, 2022

20 Ill. Adm. Code 455.40 Placement Procedures

a) Applications or referrals for placement shall be reviewed by designated program staff and a recommendation shall be forwarded to the Director or the Directors designee, who shall approve or deny the placement.

b) The individual in custody shall be notified in writing of the final disposition of the application or referral.

History

Source: Amended at 46 Ill. Reg. 19990, effective December 3, 2022

20 Ill. Adm. Code 455.50 Placement Exceptions

Exceptions to placement criteria may be made only upon the approval of the Director and shall be granted only when such placement would assist the individual's rehabilitation and would not cause undue risk to the public.

20 Ill. Adm. Code 455.60 Level System

Eligibility for community correctional center leaves and independent release time shall be determined in accordance with the individual's in custody compliance with the requirements of this Section.

a) Orientation Status

Individuals in custody shall be placed in orientation status upon entrance to the program and will remain in orientation status for 7 days. After 7 days, individuals in custody shall automatically be promoted to Level I unless a major rule infraction has occurred.

b) Level I

Individuals in custody shall remain in Level I for at least 23 days, during which the individuals in custody Individual Program Contract must be written. After 23 days, individuals in custody may be promoted to Level II. To be promoted, an individual in custody must:

Be involved in a minimum of 35 hours per week of primary programming which may include, among other matters, employment, education, public service or vocational education; and
Be enrolled and participating in counseling, if required by the Chief Administrative Officer or the Chief Administrative Officer's designee; and
Have had no documented major rule infraction for 30 days.

c) Level II

Individuals in custody shall remain in Level II for at least 60 days. After 60 days, individuals in custody except permanent party residents may be promoted to Level III. Permanent party residents may not be promoted past Level II until their status is changed to a regular resident. To be promoted, an individual in custody must:

Be involved in a minimum of 35 hours per week of primary programming;
Be in compliance with individual program contract goals and objectives; and
Have had no documented rule infraction for 45 days.

d) Level III

Individuals in custody shall remain in Level III for at least 30 days. After 30 days, individuals in custody may be promoted to Level IV. To be promoted, an individual in custody must:

Continue to be involved in a minimum of 35 hours per week of primary programming for a period of 45 consecutive days;
Be in compliance with Individual Program Contract goals and objectives;
Have had no documented rule infraction for 45 days; and
Have contributed one special volunteer project utilizing the individual's skills and abilities. The project must be approved in advance by the Chief Administrative Officer.

e) Level IV

Individuals in custody shall remain in Level IV as long as they continue to display excellent adjustment and they are in compliance with the Individual Program Contract goals and objectives.

History

Source: Amended at 46 Ill. Reg. 19990, effective December 3, 2022

20 Ill. Adm. Code 455.70 Staff Reviews

a) The Chief Administrative Officer or the Chief Administrative Officer's designee shall review and evaluate the behavior and progress of each individual in custody every 30 days. Staff may recommend the individual in custody be retained in the same level or be promoted. The individual in custody may only be demoted in level as a result of a rule violation in accordance with 20 Ill. Adm. Code 504. Subpart C. The following criteria, among other matters, may be considered for promotion:

The individual's in custody adjustment to the center, including assignments, maintenance of personal living area and relationships with staff and other committed persons;
The individual's in custody participation in employment, training programs, or educational opportunities;
The individual's in custody compliance with the requirements established for promotion to each level;
The individual's in custody disciplinary record;
The individual's in custody involvement in other programs; and
The individual's in custody progress toward establishing a release plan.

b) The individual's in custody shall have the opportunity to discuss the results of the review with the individuals' correctional counselor and to establish revised goals.

c) The individual in custody may grieve the results of the staff review in accordance with 20 Ill. Adm. Code 504. Subpart F.

History

Source: Amended at 46 Ill. Reg. 19990, effective December 3, 2022

20 Ill. Adm. Code 455.80 Level Privileges

a) Orientation Status

The individual in custody may be allowed one staff supervised shopping trip.

b) Level I

The individual in custody may be allowed one staff supervised shopping or recreation trip per week.

c) Level II

The individual in custody may be allowed:

for the first 30 days in level II staff supervised activity per week; and
after the first 30 days, one staff supervised activity per week or one three-hour volunteer or intern supervised activity per week.

d) Level III

The individual in custody may be allowed:

A maximum of 6 hours of independent release time (20 Ill. Adm. Code 530. Subpart C) per week. Time increments shall be determined by the individuals correctional counselor and the Chief Administrative Officer;
One three-hour volunteer or intern supervised activity per week; or
One leave per month.

e) Level IV

The individual in custody may be allowed:

A maximum of 12 hours independent release time per week; or
A maximum of four leaves per month. During the last 60 days prior to the mandatory supervised release date or the parole eligibility date, such leaves may be extended home and family leaves in accordance with 20 Ill. Adm. Code 530. Subpart D.

History

Source: Amended at 46 Ill. Reg. 19990, effective December 3, 2022

Part 460 Impact Incarceration Program

20 Ill. Adm. Code 460.10 Applicability

This Part is applicable to persons committed to the Adult Division of the Department of Corrections who have been approved by the courts and accepted by the Department for placement in the Impact Incarceration Program.

Part 460 Impact Program

20 Ill. Adm. Code 460.12 Definitions

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

"Department" or "IDOC" means the Department of Corrections.

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

"Impact Program" or "Program" means a structured, specialized, voluntary program administered by the Department for eligible individuals in custody which utilizes a holistic approach that emphasizes self-control and self-esteem through physical training, work activities, education, team building exercises, cognitive behavior and counseling. The Program is offered to eligible individuals in custody approved by the courts and accepted by the Department.

History

Source: Amended at 47 Ill. Reg. 7876, effective May 26, 2023

Part 460 Impact Incarceration Program

20 Ill. Adm. Code 460.15 Responsibilities

Part 460 Impact Program

20 Ill. Adm. Code 460.20 Eligibility Criteria

In order to be eligible to participate in the Impact Program, the individual in custody shall:

a) Be not less than 17 years of age nor more than 35 years of age at the time of the sentencing order.

b) Not have previously participated in the Program and shall not have previously served more than one prior sentence of imprisonment for a felony in an adult correctional facility.

c) Never have been convicted of a Class X felony, first or second degree murder, armed violence, aggravated kidnapping, criminal sexual assault, aggravated criminal sexual abuse or a subsequent conviction for criminal sexual abuse, forcible detention, or arson.

d) Be sentenced to a term of imprisonment of at least 1 year but not more than 8 years.

e) Be physically able to participate in physical activities or labor.

f) Not have a mental health condition, mental illness or intellectual disability which would prevent participation in the Program.

g) Consent in writing to participation in the Program and to the terms and conditions thereof.

h) Be approved for placement in the Program in the court's sentencing order and by IDOC.

History

Source: Amended at 47 Ill. Reg. 7876, effective May 26, 2023

20 Ill. Adm. Code 460.30 Screening and Placement

a) Individuals in custody approved by the courts shall, subject to availability of space, be screened for placement in the Program at a reception and classification center or unit in accordance with 20 Ill. Adm. Code 503.Subpart A. In determining Program approval of eligible individuals in custody, the Department may also consider:

The individual in custody's criminal history, including outstanding warrants or detainers.
Whether the individual in custody has a history of escaping or absconding or attempting to escape or abscond.
Whether the individual in custody's participation in the Program would pose a risk to the safety and security of any person or the facility.
The individual in custody's grade status.
The individual in custody's disciplinary record and institutional adjustment.
The availability of space in the Program.
Whether the individual in custody has any known enemies in the Program.
Whether the individual in custody has or agrees to obtain a suitable host site and a working telephone for placement on electronic monitoring upon successful completion of the Program.

b) The individual in custody shall be evaluated by a health care provider and mental health professional to determine whether the individual is physically and mentally able to participate in the Program.

c) The individual in custody shall sign a consent to participate in the Program and to adhere to the terms and conditions of the Program.

d) If the individual in custody's screening indicates the individual is eligible for acceptance in the Program, the individual in custody may be assigned to a correctional facility until such time as space is available in the Program. In order to remain eligible for acceptance in the Program, the individual in custody must, among other matters, maintain eligibility requirements and a positive disciplinary record and institutional adjustment while awaiting transfer to the Program facility. Acceptance in the Program shall not be deemed to occur until such time as the individual in custody is admitted to the Program facility. The individual in custody may grieve a determination that the individual is no longer eligible for acceptance in the Program in accordance with Section 460.90.

e) Individuals in custody not accepted by the Department for placement in the Program shall be assigned to a correctional facility to serve the sentence imposed by the sentencing court.

f) The Department shall notify the sentencing court in writing of an individual in custody's acceptance the Program.

History

Source: Amended at 47 Ill. Reg. 7876, effective May 26, 2023

20 Ill. Adm. Code 460.40 Program Requirements

a) Individuals in custody sentenced prior to January 1, 2022 participating in the Program shall actively serve 120 days in the Program. Those who were sentenced on or after January 1, 2022, shall actively serve 12 months, not including time served in correctional facilities while awaiting transfer to the Program. Days actively served means days in which the individual in custody was present at the Program facility and participated in scheduled daily routines. Individuals in custody shall be excused from active service for up to three days due to writs, furloughs, or temporary transfer to another facility for medical treatment. Any other time which is not spent in active service shall not be credited towards completion requirements. Time required to be served in the Program shall not be reduced by the accumulation of good time. The total time an individual in custody shall serve in the Program may be extended in accordance with Section 460.70(h), but shall not exceed 180 active days for those sentenced prior to January 1, 2022 and 18 months for those sentenced on or after January 1, 2022.

b) An individual in custody who was removed from the Program and later readmitted in accordance with Section 460.90 shall receive credit for previous days served in the Program.

c) Individuals in custody shall be required to participate in physical training and labor, drills, regimented activities, education, counseling, and other Program activities required by the Department.

d) Individuals in custody shall be provided with, have access to, and be required to adhere to all Department rules and facility rules of the Program, including rules of behavior and conduct and grooming standards.

e) Individuals in custody shall be provided with clothing, bedding, linens, writing materials and initial supplies of personal hygiene items.

f) Individuals in custody shall be afforded the rights and privileges set forth in 20 Ill. Adm. Code 525 with the following exceptions:

Visits shall not be allowed during the first 30 days of the Program and telephone calls shall not be allowed during the first 30 days of the Program, except for visits from and telephone calls to attorneys and their paralegals and investigators, clergy, or in an emergency.
The Chief Administrative Officer may set limits on personal property.

g) The Chief Administrative Officer will determine commissary access, privileges and whether individuals in custody may be allowed to access their trust funds.

h) Receipt and deposit of funds shall be in accordance with 20 Ill. Adm. Code 205 and 525.

i) The Chief Administrative Office may grant permission for regular commissary privileges with a standard amount.

History

Source: Amended at 47 Ill. Reg. 7876, effective May 26, 2023

20 Ill. Adm. Code 460.50 Training and Disciplinary Procedures

a) Individual in custody shall be subject to disciplinary action for commission of infractions as set forth in 20 Ill. Adm. Code 504 Subpart A. However, disciplinary procedures set forth in 20 Ill. Adm. Code 504 shall not be applicable to persons committed to the Program except in cases of a major infraction.

b) As an alternative to the disciplinary procedures set forth in 20 Ill. Adm. Code 504, training alternatives as determined appropriate by the Chief Administrative Officer or demerits may be summarily imposed by the shift commander or designee for all other infractions of rules or Program requirements. The alternative training utilized shall be based, among other matters, upon:

The seriousness of the infraction;
Previous training alternatives used for the same infraction;
Previous training alternatives used for other infractions; and
The frequency in which training alternatives have been used.

c) Alternative training requirements shall include, but not be limited to:

Verbal counseling of the individual in custody;
Team building exercises as approved by the Chief Administrative Officer;
Restriction to room or bunk;
Extra duties or assignments;
Assignment change;
Additional educational, counseling, or other Program activities;
Loss or restriction of privileges including, but not limited to, in person visits, telephone, television viewing, video visits, electronics, and commissary. However, legal and chaplaincy visits and access to legal materials shall not be limited or restricted as a training alternative.

d) Individuals in custody may be issued demerits which document infractions of rules or Program requirements.

History

Source: Amended at 47 Ill. Reg. 7876, effective May 26, 2023

20 Ill. Adm. Code 460.60 Program Terminations

a) Individuals in custody may voluntarily terminate participation in the Program. A notice of termination shall be signed by the individual in custody. Once the individual in custody has been voluntarily removed from the Program, the individual in custody shall not be readmitted to the Program for any reason.

b) Individuals in custody may be involuntarily terminated from the Program by the Department for the following reasons:

The individual in custody is found guilty of a major rule violation in accordance with 20 Ill. Adm. Code 504.Subpart A.
The individual in custody no longer meets meet the eligibility criteria or requirements for Department approval as outlined in Sections 460.20 and 460.30.
Noncompliance with Program requirements as documented by 12 or more demerits as outlined in the Program handbook.

c) Prior to involuntary termination from the Program, the individual in custody shall be afforded a disciplinary hearing in accordance with 20 Ill. Adm. Code 504.Subpart A or a Program Review Hearing in accordance with Section 460.70. Any recommendation to involuntarily terminate an individual in custody from the Program shall be reviewed and approved by the Director or designee.

d) The individual in custody may be transferred to another correctional facility prior to any hearing required by this Part or 20 Ill. Adm. Code 504. In the event the individual in custody is found not to have committed the infraction or Program termination is not deemed appropriate, the individual in custody shall be returned to the Program facility.

e) Individuals in Custody terminated from the Program shall serve the sentence imposed by the sentencing court.

History

Source: Amended at 47 Ill. Reg. 7876, effective May 26, 2023

20 Ill. Adm. Code 460.70 Program Review Hearings

a) The Chief Administrative Officer shall appoint one or more hearing officers to conduct Program Review Hearings.

b) A Program Review Hearing shall be conducted when the individual in custody has been referred for possible extension of time to be served in the Program or involuntary termination from the Program for reasons other than a major rule infraction as set forth in Section 460.60. Notwithstanding Section 460.60(c) and Part 504 referrals may be made by administrative, Program, or security staff and shall be subject to review by the shift commander to determine whether a hearing is warranted.

c) The individual in custody shall receive written notice no less than 24 hours prior to the hearing. The individual in custody may waive the 24-hour advance notice. The waiver shall be in writing.

d) The individual in custody shall have the opportunity to appear before and address the hearing officer who shall be appointed by the Chief Administrative Officer. However, failure to appear before and address the hearing officer may be adversely construed against the individual in custody by the hearing officer.

The individual in custody may make any relevant statement or produce any relevant documents in their defense.
Prior to the hearing, the individual in custody may request that witnesses be interviewed. The request shall be in writing in the space provided on the hearing notice and shall include an explanation of what the witnesses would state. A means shall be provided for individuals in custody to submit witness request slips. If the individual in custody fails to make the request in a timely manner before the hearing, the hearing officer may disapprove witness requests or the hearing officer may grant a continuance for good cause shown.
The individual in custody may, upon written request and for good cause shown, be granted additional time to prepare a defense.
The individual in custody shall not have the right to either retained or appointed counsel. The individual in custody may request the assistance of a staff member in the preparation of a defense if the individual in custody is illiterate, does not speak English, or when other circumstances exist which preclude the individual in custody from adequately preparing a defense.

e) Any person who initiated the referral for a hearing, or who witnessed the incidents which form the basis for the referral, or who conducted a formal investigation into the allegations for Program termination, or who is otherwise not impartial shall not serve as the hearing officer for the individual in custody's Program Review Hearing.

f) The hearing officer may interview witnesses or review summaries of witness testimony prior to or at the hearing and review any information relevant to the hearing.

The individual in custody does not have the right to confront or cross-examine any witnesses but may submit questions for the witnesses to the hearing officer prior to the hearing.
The hearing officer may exclude any witnesses requested by the individual in custody if a witness testimony would be, among other matters, irrelevant, cumulative, or would jeopardize the safety or disrupt the security of the facility or any person. If any witness is excluded, a written reason shall be provided.

g) The hearing officer may continue the hearing when additional information is needed, for further investigation, or for good cause shown by the individual in custody.

h) The hearing officer shall take one of the following actions, based upon the relevant information admitted:

Find that the individual in custody's actions do not warrant termination from the Program or any other action. In that case, the hearing officer shall order that the Program Review Hearing be dismissed and the notice be expunged from the individual in custody's master record file or reduce the Program Review to a Case Note. A copy shall be maintained in an expungement file.
Find that further investigation or information is necessary to determine if the individual in custody’s actions warrant termination from the Program.
Find that further observation of the individual in custody’s performance in the Program is needed and continue the hearing.
Find that the individual in custody’s actions do not warrant Program termination, but recommend one or more of the following actions:

A) Training alternatives in accordance with Section 460.50.

B) Increased time in the Program, not to exceed a total of 180 days for individuals sentenced prior to January 1, 2022 or 18 months for any individual sentenced on or after January 1, 2022 of active service in the Program.

C) Programming changes.

Find that the individual in custody’s actions warrant Program termination and recommend that the individual in custody be terminated from the Program.

i) A record, signed by the hearing officer, which contains a summary of oral and written statements and other information presented, the reasons for the decision, and the action recommended shall be submitted to the Chief Administrative Officer for review and approval. If the safety and security of the facility or any person may be jeopardized by certain references in the written record, they may be deleted but the fact that omissions have been made shall be noted on the summary, along with a finding that material is being deleted based on safety or security concerns.

j) The Chief Administrative Officer shall review all Program Review Hearing dispositions. The Director shall review all Program Review Hearing dispositions which recommend that the individual in custody be terminated from the Program.

The Director or Chief Administrative Officer may take the following actions:

A) Confirm the disposition in whole or in part.

B) Order additional or new proceedings.

C) Suspend or overturn the disposition.

D) Approve other actions in accordance with Section 460.50.

The Director or Chief Administrative Officer shall not increase, but may reduce, the dispositions imposed.

k) The individual in custody shall be provided with a copy of the written summary which includes the action approved by the Chief Administrative Officer and a copy shall be placed in the individual in custody master record file.

l) The individual in custody shall be informed of the opportunity to appeal any adverse decision through the grievance procedure outlined in Section 460.90.

History

Source: Amended at 47 Ill. Reg. 7876, effective May 26, 2023

20 Ill. Adm. Code 460.80 Successful Program Completion

a) An individual in custody sentenced prior to January 1, 2022, shall be deemed to have successfully completed the Program upon completion of 120 active days, while individual's sentenced on or after January 1, 2022, upon completion of one year of participation in the Program and any extended time required to be served in the program as provided in this Part.

b) The Department shall certify in writing the individual in custody’s successful completion of the Program to the sentencing court.

c) Upon successful completion of the Program, the individual in custody shall serve a term of mandatory supervised release if required by the sentencing court. The Department may submit to the Prisoner Review Board a recommendation for a period of electronic monitoring as a condition of mandatory supervised release. Failure to maintain a suitable host site approved by the Department and a working telephone suitable for electronic monitoring may result in revocation of mandatory supervised release.

History

Source: Amended at 47 Ill. Reg. 7876, effective May 26, 2023

20 Ill. Adm. Code 460.90 Grievances

a) Grievances shall be processed in accordance with 20 Ill. Adm. Code 504.Subpart F with the following exceptions:

The Grievance Officer shall submit a recommendation to the Chief Administrative Officer within 5 working days after receipt of the grievance, whenever possible.
The Chief Administrative Officer shall advise the individual in custody in writing of the decision within 5 working days after receiving the Grievance Officer's report, whenever possible.
The individual in custody may appeal the facility's decision in writing to the Director within 10 working days after receipt of the written decision.
The Director shall refer all non-frivolous grievances that require a hearing before the Administrative Review Board.

A) If it is determined that the grievance is without merit or can be resolved without a hearing, the individual in custody shall be advised of the disposition, in writing, within 10 working days after receipt of the grievance, whenever possible.

B) If an Administrative Review Board hearing is required, the Board shall submit a written report of the evidence, findings and recommendations to the Director within 15 working days after receipt of the grievance, whenever possible.

C) The Director shall review the findings and recommendations of the Administrative Review Board and make a final written determination within 10 working days after receipt of the Board's report, whenever possible.

b) An individual in custody may file a written grievance requesting to be admitted or readmitted to the Program whenever the factors which made the individual ineligible for the Program have been resolved.

c) Individuals in Custody shall not be permitted to file grievances in regard to voluntary terminations from the Program.

History

Source: Amended at 47 Ill. Reg. 7876, effective May 26, 2023

Part 470 Release of Committed Persons

20 Ill. Adm. Code 470.10 Applicability

This Part applies to all adult and juvenile correctional facilities within the Department of Corrections and to all committed persons released on parole or mandatory supervised release, discharged, or pardoned from correctional facilities within the Department. It also applies, where applicable, to committed persons released to Illinois from correctional facilities within other states.

20 Ill. Adm. Code 470.15 Responsibilities

a) Unless otherwise specified, the Director or Deputy Chief of Parole may delegate responsibilities stated in this Part to another person or persons or designate another person or persons to perform the duties specified.

b) No other individual may routinely perform duties whenever a rule in this Part specifically states the Director or Deputy Chief of Parole shall personally perform the duties. However, the Director or Deputy Chief of Parole may designate another person or persons to perform the duties during periods of his or her temporary absence or in an emergency.

20 Ill. Adm. Code 470.20 Definitions

"Department" means the Department of Corrections.

"Deputy Chief of Parole" means the highest ranking official of parole within the Operations Division of the Department.

"Director" means the Director of the Department.

"Released offender" or "releasee" means any person committed to the Department who has been released on parole, mandatory supervised release, discharged, or pardoned or any person committed to another state who has been released under the supervision of the Department in this State.

20 Ill. Adm. Code 470.30 Pre-Release Programming

The Department shall schedule committed persons for post-incarceration programming prior to release where time and circumstances permit.

20 Ill. Adm. Code 470.40 Release Plans

A release plan shall be developed and approved for each offender prior to release. The approved plan shall include the address where the released offender will reside and may address such things as drug or alcohol counseling or treatment, education, employment, and medical or mental health needs.

20 Ill. Adm. Code 470.50 Temporary Identification Cards for Released Offenders

a) The Department shall advise committed persons that they may request, in writing, a temporary identification card that may be used as one form of identification required by the Office of the Secretary of State to obtain an Illinois Identification Card. The cost for the temporary identification card shall be $1.00.

b) The Department shall issue a temporary identification card upon release to any committed person who meets the criteria established in this Section. The temporary identification card shall expire 30 days from the date of issue and may be used for identification purposes.

c) An identification card shall only be issued by the Department in the name of the committed person exactly as shown on the committing court documents.

To receive an identification card the committed person shall submit a written request to his or her counselor no later than five days prior to his or her release, whenever possible, including:

A) A copy of his or her social security card and a certified copy of his or her birth certificate; and

B) An authorization for payment of the $1.00 fee from the committed person's trust fund account.

If the name on the birth certificate does not agree with the name on the committing court documents and social security card, the committed person shall also present an official copy of a marriage license or other court documents that authorize a legal name change to the name shown on both the committing court documents and social security card.

d) The Temporary Identification Card, distinctively labeled "Released Offender Identification" on both sides of the card, shall include:

The name of the Department.
A photograph of the committed person taken within five working days prior to his or her release.
The name under which the released offender was incarcerated.
The name of the correctional facility from which the committed person was released.
The date of issue.
The expiration date that shall be 30 days from the date of issue.
The status of release, that is, parole, mandatory supervised release, discharge, or pardon.
The released offender's signature.
The released offender's date of birth, sex, and physical description, including height, weight, hair color, and eye color.
The disclaimer statement per Section 470.50(e).

e) Any temporary identification card issued by the Department is intended to assist the released offender in the transition to the community. The Department accepts no liability for any misuse of the card and shall not be held civilly or criminally liable to anyone because of any act of any person utilizing such card issued by the Department in accordance with 730 ILCS 5/3-14-1.

20 Ill. Adm. Code 470.60 Release Procedures

a) Notifications of an impending release shall be made by the Department to all concerned parties, such as State's Attorney and sheriff of the committing county and of the county of release, the Prisoner Review Board, or public housing authority, in accordance with 730 ILCS 5/3-14-1 and any other applicable statutes.

b) Prior to release:

The committed person's master file shall be reviewed and sentence calculations shall be verified.
The committed person's intended residence shall be verified and approved.
The committed person shall be advised of and required to sign documentation of the conditions and, if applicable, special Prisoner Review Board orders for release in accordance with 730 ILCS 5/3-14-2.
The committed person shall be advised of his or her obligation to register with the selective service or as a sex offender, if any.
The committed person shall be provided with reporting instructions and, if appropriate, a temporary identification card in accordance with Section 470.50 of this Part.

20 Ill. Adm. Code 470.70 Supervision of Released Offenders

a) To enhance public safety and to provide a continuum of treatment and program services to assist the offender with successful reintegration into society, released offenders shall be supervised by agents of the Department until discharged or pardoned.

b) The level of supervision shall be determined by the Department based on such matters as the offender's committing offense, propensity towards violence, or leadership or affiliation with security threat groups.

c) Released offenders shall be monitored for compliance with statutory conditions of release and applicable special orders issued by the Prisoner Review Board.

20 Ill. Adm. Code 470.80 Assessment and Referral of Persons on Parole or Mandatory Supervised Release

a) The Department shall designate any organization licensed under 77 Ill. Adm. Code 2060.507, hereafter referred to as the designated program, to provide assessment and case management services for the Department. Such services are for any person identified as a substance abuser who is under the supervision of the Department, who has been or is scheduled to be released from a State correctional facility, and who:

Has received substance abuse treatment services within a Department or other facility during his or her commitment;
Has been identified by the Department as requiring substance abuse treatment services; or
May have parole conditioned upon treatment under the supervision of the designated program pursuant to Section 40-15 of the Alcoholism and Other Drug Abuse and Dependency Act [20 ILCS 301/40-15].

b) The designated program shall provide the services specified in this Section in a uniform manner to the Department throughout the State either directly or by sub-contract or referral.

c) The designated program shall have a written agreement with the Department that identifies the services to be delivered and specifies how they will be provided in relation to the operation of the Department. The designated program as defined in the contract may include, but is not limited to, the services and specifications required by this Section.

d) The designated program shall conduct an assessment in accordance with the provisions specified in 77 Ill. Adm. Code 2060.417 and as further specified by contract to determine if the releasee is likely to be rehabilitated through substance abuse treatment.

The designated program shall obtain the releasee's informed consent prior to the provision of services.
The assessment shall include, at a minimum, collection of demographic data as specified in 77 Ill. Adm. Code 2060.325(1).

A) If it is determined that the releasee has participated in a substance abuse program as part of a prior parole plan, the designated program shall request a statement from the Department.

B) This statement shall, at a minimum, summarize the releasee's parole record, including, when available, known history of the substance use, the identity of any treatment program utilized by the releasee, and any record of compliance with conditions of parole.

Upon completion of the assessment, the designated program shall make a recommendation to the Department or its designee relative to the releasee's substance abuse and the likelihood of the releasee's rehabilitation through substance abuse treatment.

A) Such notification to the Department shall be made to the relevant parole office and to the Deputy Chief of Parole.

B) The designated program shall send written notification to the releasee regarding the result of the assessment and its subsequent recommendation.

e) The designated program shall provide case management services that will assist the releasee with admission for treatment, assist the Department in final dispositions, and assist treatment providers in identifying and providing special treatment needs of the releasee. At a minimum, such services shall include:

Written notification to the Department regarding the releasee's initial or subsequent admission for treatment, which shall include: identification of the treatment program; address and telephone number of the treatment program; the name of the professional treatment staff assigned to the case; the name, address, and telephone number of the designated program staff assigned to the case if different than the treatment program; and the date of the admission for treatment;
Written monthly reports to the Department relative to the releasee's status in treatment; and
A written report summarizing the releasee's treatment and rehabilitation upon discharge from the designated program.

f) The designated program shall provide certain administrative services to the Department, which will assist in the delivery of appropriate and effective services. At a minimum, such services shall include:

Development and maintenance of a treatment provider network throughout the State that allows maximum accessibility to the continuum for treatment services;
Prioritization of clients based on clinical and community safety needs and availability of appropriate treatment;
Technical assistance, training, or both to licensed treatment and intervention providers on issues relevant to the delivery of services to this population; and
Referral of clients to the most effective services, based on a review of outcomes.

g) The designated program shall not hold a treatment license as described in 77 Ill. Adm. Code 2060.

h) Notwithstanding subsection (d), the designated program may provide supplemental, short-term services to releasees changing status within the criminal justice system, prior to placement into treatment, between treatment episodes, transitioning out of the criminal justice system, or at any other point where services may not be immediately available.

i) The designated program shall have mutual linkage agreements with any treatment program utilized for referrals that ensures communication and documentation of releasee progress in treatment.

j) The designated program shall identify all program participation criteria that the releasee must meet in order to participate in the program and the guidelines for measuring the releasee's progress in treatment.

k) All chemical test services conducted by the designated program shall be in accordance with the provision specified by the Department for testing releasees.

l) The designated program shall document all relevant justice or corrections activities related to the client's progress in treatment and status in the justice system, as well as any subsequent required actions. Procedures shall be established to communicate with the relevant justice authorities in order to maintain such documentation.

m) The designated program shall maintain releasee records in accordance with the provisions specified in 77 Ill. Adm. Code 2060.325. In addition, each releasee record shall include copies of all of the following documentation:

The releasee's informed consent and any other consent to release information form;
Results of the assessment, including psychological evaluation reports and prior treatment information relied upon in determining the releasee's substance abuse program and readiness for treatment;
A copy of the notification of assessment results and recommendations to the releasee, the Department, and the relevant justice authority;
Other correspondence, court orders, or record of judicial proceedings related to the assessment or any other case management service;
Treatment admission and admission notification to the Department;
Any chemical test results;
All appearances before any court or relevant justice authority;
Written reports from the treatment provider relative to the releasee's progress in treatment;
Any warning letters or jeopardy meeting reports;
Any case conference meeting reports; and
Material related to the releasee's discharge from the designated program.

n) The designated program shall establish standardized procedures for discharge of the releasee from the designated program.

Such procedures shall include, at a minimum:

A) The process for review of the releasee's progress in treatment to determine if a change in status is justified;

B) The specific instances that would lead to a change in the releasee's status and the procedures to be followed when such a determination is made;

C) The process that will be followed when the Department requests a reassessment of a releasee; and

D) A process to ensure that proper notice is given to the Department, the relevant justice authority, and the releasee prior to and upon successful or unsuccessful discharge from the designated program.

No change shall be made in a releasee's treatment plan without appropriate approval by the Department or other authority consistent with the parole or mandatory supervised release agreement. The designated program shall send written reports to the Department and relevant justice authority of discharge within:

A) Ten calendar days after successful discharge. Such reports shall contain the releasee's intended residency, if known, summary of treatment progress, and recommendations for any further treatment.

B) Three calendar days after unsuccessful discharge. Such reports shall contain the releasee's intended residency, if known, instructions for continued contact between the designated program and the Department, and the specific reasons for the unsuccessful discharge.

20 Ill. Adm. Code 470.90 Release Violations

a) Agents of the Department shall have the full power of peace officers in the arrest and retaking of any releasee who has violated conditions of his or her release.

b) The Department may issue a violation warrant for the apprehension of a released offender for violations of the conditions of parole. In determining whether to issue a violation warrant, the Department shall consider, among other factors, the committing offense, the frequency and seriousness of the alleged violation, the offender's adjustment and length of time under supervision, and any available alternatives.

c) Alternatives to incarceration pending a revocation hearing may include, but not be limited to: increase in the intensity of supervision, placement in a residential treatment program or half-way house; participation in an out-patient or in-patient treatment program or enrollment in a self-help group; or imposition of a curfew.

Part 475 Moms and Babies Program

20 Ill. Adm. Code 475.5 Applicability

This Part applies to the Moms and Babies Program and to facilities in which this program is housed.

20 Ill. Adm. Code 475.10 Definitions

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

"Child Care Provider" means an offender who has been screened and trained to provide care for children within the Moms and Babies Program.

"Child Development Aide" means the individual who assists in coordinating the pregnant mothers' programs, infant programs, and Infant Development Center programs; delivery of pre-natal and post-natal programming; and monitoring the mothers' program participation and adjustment.

"Department" means the Department of Corrections.

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

"Family Services Administrator" means the administrator of the family counseling service in the Moms and Babies Program that promotes and maintains family relationships for female offenders.

"Infant Development Administrator" means an individual who organizes, develops, and implements the Moms and Babies Program, infant programs, and Infant Development Center programs.

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

"Moms and Babies Program" or "Program" means the program established under 730 ILCS 5/3-6-2(g) and this Part.

20 Ill. Adm. Code 475.15 Responsibilities

b) No other individual may routinely perform duties when this Part specifically states the Director or Chief Administrative Officer shall personally perform the duties. However, the Director or Chief Administrative Officer may designate another person or persons to perform the duties during periods of his or her temporary absence or in an emergency.

20 Ill. Adm. Code 475.20 Moms and Babies Program

a) Moms and Babies Program sites shall be recommended by the Deputy Director of Women and Family Services and approved by the Director.

b) The Program shall be a voluntary program in female correctional facilities designed to provide healthy pregnant and post-natal offenders the opportunity to develop and nurture a bond with their infants through programming and a safe supportive living environment.

c) This Program is designed to be a well baby and healthy mom program. If the child requires more than normal well child health care or the offender requires more than normal pre- and post-natal care, the offender may no longer be eligible to be in the program and may be transferred. Medical concerns shall be addressed with the Agency Medical Director.

d) While in this Program, the offender shall remain in the custody of the Department and the baby shall be in the custody of his or her mother.

e) The Program offers programs and services in areas including, but not limited to: pre- and post-release needs, pre-natal and parenting education, caregiver training including pediatric CPR, education, mental health support, self-improvement, anger management, and substance abuse recovery.

f) Offenders who participate in this Program shall be required to:

Provide care for their children.
Arrange for child care when they are unable to provide the care, such as when the offender is participating in programming, work assignments, classes, or writs. Child care shall only be provided by approved child care providers, Child Development Aides, or the Infant Development Administrator.
Secure an outside guardian to ensure the child is cared for if the offender is removed from the program or if the offender can no longer care for the child.
Apply for State, federal, county, and local social services such as the Illinois Department of Human Services Women, Infants, and Children (WIC) Program, Healthy Families in Illinois, Medicaid program, Food Stamp Program, and Clinic for Indigent Child.
Where applicable, obtain consent from the father for the baby to participate in the Program.

20 Ill. Adm. Code 475.25 Screening and Placement

a) All pregnant offenders shall be screened for eligibility for the Moms and Babies Program.

b) The offender's master file, criminal history, and medical file shall be reviewed. Criteria used for consideration of Program eligibility shall include, but not be limited to, the offender's:

Sentence, including factors such as the nature and class of the offense, length of sentence, and sentencing orders.
History of violence, abuse, criminal neglect, sexual offenses, or crimes against children.
Outstanding warrants or detainers.
Court order prohibiting contact with children.
Department of Children and Family Services involvement, including, but not limited to, present or past investigations or cases regarding the offender and her children.
Affiliation with organized crime activities or narcotics trafficking.
Mandatory supervised release date.
Grade, security designation, and escape risk.
Disciplinary history.
Psychological evaluation.
Medical or dental health.
Known enemies or documented offenders from whom the offender is to be kept separate.

c) If the screening indicates that the offender is eligible for participation in the Program, the offender must:

Complete an application.
Consent to participate in the Program.

d) Within 30 working days after receipt of the offender's application, the Family Services Administrator shall forward a referral packet that includes the information reviewed, the offender's application and consent, and other pertinent information such as the availability of an emergency contact, offender's criminal history, mental health evaluation, Department of Children and Family Services clearance, and father's consent to the Chief Administrative Officer of the facility operating the Program.

e) Within 15 work days after receipt of the referral packet, the Chief Administrative Officer shall have the Screening Committee review the application. The Screening Committee shall be designated by the Deputy Director of Women and Family Services and shall include, but not be limited to:

From the Moms and Babies Program facility:

A) Assistant Chief Administrative Officer of Programs.

B) Infant Development Administrator.

C) Child Development Aide.

D) Mental Health Professional.

From the facility housing the offender:

A) Assistant Chief Administrative Officer of Programs.

B) Family Services Administrator.

C) Mental Health Professional.

f) Offenders approved to participate in the Program shall be transferred to a Moms and Babies Unit.

If no space is available in the Program, the offender shall be placed on a wait list.
Offenders who have not been admitted into the Program prior to the delivery of the child shall not be eligible to participate in the Program and shall be removed from the wait list.

g) Offenders who are not accepted into the Program may grieve the denial in accordance with 20 Ill. Adm. Code 504, Subpart F.

20 Ill. Adm. Code 475.30 Child Health Care Resources

a) Except in emergency situations, Department health care staff shall be prohibited from examining or treating sick or injured children.

b) Whenever possible, well child and sick child medical visits shall be provided at the correctional facility by the local public health department.

c) In the event that the public health medical staff cannot come to the facility, the offender shall be placed on day release in accordance with 20 Ill. Adm. Code 530, Subpart B. The offender, escorted by two unarmed staff members, shall take the child to an outside health care facility for examination and treatment.

20 Ill. Adm. Code 475.35 Removal from the Program

An offender may be removed from the Moms and Babies Program by the Chief Administrative Officer based upon matters including, but not limited to: the offender's inability to care for the child; the offender's request; disciplinary reasons; the health of the child; staff recommendations for reasons such as concern with the offender's ability to parent based on mental health status, non-compliance with Program policies and rules, negligence of the child's needs, and physical threat to the child; and safety, security, or administrative concerns.

Subchapter e Operations

Part 501 Security

20 Ill. Adm. Code 501.10 Applicability

This Subpart applies to the Adult, Juvenile and Community Services Divisions of the Department of Corrections (Department).

History

Source: Amended at 11 Ill. Reg. 14697, effective September 1, 1987

20 Ill. Adm. Code 501.15 Responsibilities

History

Source: Added at 11 Ill. Reg. 14697, effective September 1, 1987

20 Ill. Adm. Code 501.20 Definitions

a) "Force" means physical contact used to coerce or prevent some action on the part of a committed person, and the use of chemical agents.

b) "Deadly force" means force which is likely to cause death or great bodily harm, including the firing of weapons at or near a committed person.

c) "Corporal punishment" means physical contact intended to inflict pain for purposes of punishment.

20 Ill. Adm. Code 501.30 Resort to Force

a) Force shall be employed only as a last resort or when other means are unavailable or inadequate, and only to the degree reasonably necessary to achieve a permitted purpose.

b) Use of force shall be terminated as soon as force is no longer necessary.

c) Medical screening and/or care shall be conducted following any use of force which results in bodily injury.

d) Corporal punishment is prohibited.

20 Ill. Adm. Code 501.40 Justifiable Use of Force

a) Force may be used under the following circumstances in accordance with the Unified Code of Corrections (Ill. Rev. Stat. 1991, ch. 38, par. 1003-6-4) [730 ILCS 5/3-6-4]:

To compel compliance with a lawful order given by an employee to ensure the safety and security of the facility.
To protect oneself or any other person from physical assaults, injury or death.
To prevent escapes from the facility or from the custody of employees in the community.
To apprehend escapees or offenders charged with a violation of parole or mandatory supervised release within the community.
To protect State property or the property of others from unauthorized use, possession, damage or destruction.
To prevent or suppress a riot, revolt, mutiny or insurrection, or other serious disturbance.

b) An employee shall be authorized to use deadly force under the following circumstances in accordance with the Unified Code of Corrections (Ill. Rev. Stat. 1991, ch. 38, par. 1003-6-4) [730 ILCS 5/3-6-4]:

When he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or any other person.
When he reasonably believes that such force is necessary to prevent an escape of a committed person or to retake a person who has escaped.
To prevent or suppress a riot, revolt, mutiny or insurrection or during a serious disturbance when there is reason to believe that a committed person poses an imminent threat of escape, death, or great bodily harm to another person.
When he reasonably believes that such force is necessary to prevent unauthorized vehicles, aircraft, or persons from attempting to breach the perimeter fence of the facility in order to assist in an escape or insurrection by committed persons.

c) Prior to using deadly force:

The employee should ensure that no other reasonable means of intervention are available to prevent death, great bodily harm or escape.
Oral commands and warning shots shall be used within adult facilities, whenever time and circumstances permit. Warning shots shall not be fired when there is apparent danger of injury to an innocent third party.
Prior authorization of the use of weapons within facilities shall be given by the Chief Administrative Officer, whenever time and circumstances permit.

History

Source: Amended at 18 Ill. Reg. 6328, effective May 1, 1994

20 Ill. Adm. Code 501.50 Firearms Authorization

a) Employees shall not be authorized to carry or use a firearm unless they have received Department firearms training and qualification.

b) The Director may authorize employees to carry firearms:

To escort or transport a committed person outside the facilities of the Department and to return from such trips;
To protect, arrest, apprehend and reconfine a committed person;
To fill assigned security positions requiring firearms as standard equipment; and
For training purposes.

c) The Director may personally authorize other agency employees to carry firearms after determining that there is a need based upon the specific duties and responsibilities of the employee.

History

Source: Amended at 11 Ill. Reg. 14697, effective September 1, 1987

20 Ill. Adm. Code 501.60 General Use of Chemical Agents

a) Chemical agents may be justified under the following circumstances:

When use of force is otherwise justified (Section 501.40).
When lesser means are unavailable or inadequate.

b) Prior to the use of any chemical agent when time and circumstances reasonably permit, the committed person against whom it is to be directed shall be warned that chemical agents may be used.

c) The use of chemical agents shall be authorized by the Chief Administrative Officer.

d) When time and circumstances permit, committed persons other than those against whom the chemical agents are directed shall be removed from the area before the chemical agents are used.

e) The amount of chemical used and means of dispersal shall be limited to that necessary to achieve the purpose for which the chemical is being used.

f) Prior to and following the use of chemical agents, precautionary measures which are reasonable under the circumstances shall be taken to limit the noxious side effects of the chemical agents.

g) Notwithstanding anything else in this Section to the contrary, oleocapsicum (commonly known as pepper mace or OC) may be used without warning.

h) Nothing contained in this Section shall allow chemical agents to be used contrary to the provisions of Section 501.70 when a committed person refuses to leave his cell.

History

Source: Amended at 18 Ill Reg. 6328, effective May 1, 1994

20 Ill. Adm. Code 501.70 Use of Chemical Agents in Cells (consent Decree)

a) This Section applies only to the transfer of a committed person who has refused to leave his cell when so ordered. The transfer of a committed person shall be undertaken with a minimum amount of force. Only when the individual threatens bodily harm to himself, other committed persons or correctional officers may tear gas or other chemical agents be employed to remove him.

b) Prior to use of tear gas or other chemical agents, the committed person shall be informed that such tear gas or other chemical agents will be used unless he complies with the transfer order.

c) The use of tear gas or other chemical agents may be authorized only by an officer the rank of Captain or above. (For purposes of this rule, the shift supervisor or higher authority in the Juvenile Division may authorize the use of tear gas or other chemical agents.)

d) Precautionary measures shall be taken to limit the noxious side effects of the chemical agents. In addition, the following procedures shall be followed whenever tear gas or other chemical agents are used to compel a committed person to leave his cell:

If circumstances allow, ventilation devices, such as windows and fans, shall be readied prior to the use of tear gas or other chemical agents. In any event, these devices shall be employed immediately after tear gas or other chemical agents are used. The purpose of this procedure is to minimize the effect of tear gas or other chemical agents upon other committed persons located in the cell house.
Gas masks shall be available for use by correctional officers at the time the tear gas or other chemical agent is used.
When a gas canister is placed inside a committed person's cell, the gas will quickly take effect and correctional officers shall enter the cell as soon as possible to remove the individual.
The committed person shall be instructed by the correctional officer to flush his eyes and skin exposed to the chemical agent with water. If the individual appears incapable of doing so, a member of the medical staff present shall perform this task. If no member of the medical staff is present, the correctional officer shall undertake this procedure.

e) An Incident Report shall be prepared immediately after the use of the chemical agent. This report shall be signed by each correctional officer involved in the transfer, who may indicate disagreement with any fact stated in the report.

f) The Chief Administrative Officer shall examine these Incident Reports to ensure that proper procedures were employed. Failure to follow proper procedures will result in disciplinary action.

g) Before Section 501.70 is modified, legal staff must be consulted. This Section was promulgated pursuant to settlement of litigation by order of the court. It may not be modified without approval of the court.

History

Source: Amended at 11 Ill. Reg. 14697, effective September 1, 1987

20 Ill. Adm. Code 501.80 Training

Training in procedures for use of force shall be conducted for all institutional security employees.

20 Ill. Adm. Code 501.100 Applicability

This Subpart applies to the Adult, Juvenile and Community Services Divisions of the Department of Corrections (Department).

History

Source: Amended at 11 Ill. Reg. 14697, effective September 1, 1987

20 Ill. Adm. Code 501.105 Responsibilities

History

Source: Added at 11 Ill. Reg. 14697, effective September 1, 1987

20 Ill. Adm. Code 501.110 Movement of Committed Persons

a) Handcuffs, security belts and/or leg irons may be used to restrain any committed person when:

A person confined pending investigation or in disciplinary segregation is moved within the facility,
A committed person is transported outside the facility, or
Determined by the Chief Administrative Officer to be necessary to security.

b) Committed persons who are transported on writs shall not be permitted visits without the permission of the Chief Administrative Officer and the jurisdiction to which the person is transported. Visits of committed persons hospitalized in the community may be restricted to the immediate family and shall be subject to the general visiting policies of the hospital.

c) A committed person shall be accompanied by at least one correctional employee of the same sex, to the extent possible, while being transported outside a correctional facility, except in cases of an emergency or as otherwise provided in 20 Ill. Adm. Code: Chapter I. This paragraph does not apply to the Community Services Division except when transporting parole or community correctional center violators.

History

Source: Amended at 11 Ill. Reg. 14697, effective September 1, 1987

20 Ill. Adm. Code 501.120 Response to Serious Institutional Disturbances

a) The Chief Administrative Officer may confine committed persons temporarily in all or part of the facility when determined necessary in order to maintain security of the facility or the safety of committed persons, employees or other persons.

b) The decision to impose a lockdown shall be reviewed and approved by the Director, whenever possible, prior to the imposition of the lockdown, but in any event, promptly thereafter.

c) Continuation of the lockdown shall be reviewed every 10 days by the Chief Administrative Officer and the Director.

History

Source: Amended at 11 Ill. Reg. 14697, effective September 1, 1987

20 Ill. Adm. Code 501.130 Substance Abuse

a) Committed persons shall be subject to testing for unauthorized use of drugs and alcohol on a random, routine, or reasonable suspicion basis. Such testing shall not be used to harass, intimidate or unduly embarrass committed persons.

Drugs shall mean any substance ingested, inhaled or injected which is used to prevent a disease or as narcotics, stimulants, depressants or other chemical substances, including controlled substances identified in Section 3 of the Cannabis Control Act (Ill. Rev. Stat. 1987, ch. 56½, par. 703) and the Illinois Controlled Substances Act (Ill. Rev. Stat. 1987, ch. 56½, pars. 1100 et seq.) and over-the-counter medications.
Alcohol shall mean any substance ingested which contains alcohol, including beer, wine, liquor, liqueur, cough medicine, etc.

b) Testing shall be conducted on a random basis as determined by the Chief Administrative Officer in a manner in which neither staff or committed persons may predetermine the frequency or on whom the testing will be conducted. Random testing may include, but not be limited to, testing of the entire inmate population of the facility, or specific units or program areas within the facility.

c) Testing shall be conducted on a routine basis as determined by the Chief Administrative Officer.

d) Testing shall be conducted as ordered by the Duty Administrative Officer or above due to reasonable suspicion when objective facts and circumstances warrant a rational inference that a person is using or is under the influence of drugs or alcohol. Reasonable suspicion may be based, among other matters, upon:

Observable phenomena, such as direct observation of use and/or the physical symptoms of being under the influence of drugs or alcohol;
A pattern of abnormal or erratic behavior;
Information provided by reliable and credible sources or which is independently corroborated; or
A committed person's possession of unauthorized drugs, drug paraphernalia, or alcohol or discovery of same in an area controlled or occupied by the committed person.

e) Committed persons shall be subject to discipline in accordance with 20 Ill. Adm. Code 504 for failure to submit to drug or alcohol tests; for tampering or attempting to tamper with the specimen or test results; or where their test results reveal unauthorized use of drugs or alcohol.

History

Source: Added at 13 Ill. Reg. 16977, effective November 1, 1989

20 Ill. Adm. Code 501.200 Applicability

This Subpart applies to the Adult, Juvenile and Community Services Divisions of the Department of Corrections (Department).

History

Source: Amended at 11 Ill. Reg. 14697, effective September 1, 1987

20 Ill. Adm. Code 501.205 Responsibilities

History

Source: Added at 11 Ill. Reg. 14697, effective September 1, 1987

20 Ill. Adm. Code 501.210 Definition

"Body search" means the removal and search of all outer garments such as coats, jackets, sweaters covering shirts, shoes, hats and gloves and a pat down of the person subsequent to removal of the outer garments.

"Contraband" means items which are proscribed by criminal law, departmental or facility rules or posted notices; items for which a committed person has no authorization to possess; or property which is in excess of that which is authorized by the facility.

"Strip search" means the removal or arrangement of some or all of a person's clothing so as to permit a visual inspection of the body or undergarments of such person.

History

Source: Amended at 11 Ill. Reg. 14697, effective September 1, 1987

20 Ill. Adm. Code 501.220 Searches for Contraband

a) Searches of Visitors

All persons, vehicles and items brought onto State property are subject to search. Prominent notice to this effect shall be posted at each facility.
A body search of a visitor shall be conducted in an area offering the visitor some degree of privacy.
A strip search of a visitor may be conducted by a correctional employee only upon the consent of the visitor and in accordance with the following provisions:

A) Department personnel must first have a reasonable suspicion that the visitor may be in possession of contraband or be attempting to transport contraband into the facility.

B) The visitor shall be informed that he may refuse to submit to the search by Department personnel and may be denied the visit unless he specifically consents in writing to a strip search.

C) The search shall be conducted by an employee of the same sex in an area where the search cannot be observed by persons not conducting the search.

Visitors shall not be subject to anal or vaginal cavity searches by correctional personnel.
A search of a visitor may be conducted with the assistance of a detector dog.
A visitor may refuse to submit to a search. However, failure to submit to a search may result in denial, suspension or restriction of visiting privileges.

b) Searches of Committed Persons

All committed persons and their clothing, property, housing and work assignments are subject to search at any time.
Strip searches and visual searches of anal or vaginal body cavities of committed persons shall be conducted by persons of the same sex as the committed person and in an area where the search cannot be observed by persons not conducting the search, except in cases of an emergency.
Intrusive searches of anal or vaginal body cavities of committed persons may be performed by medical personnel when a reasonable suspicion exists that contraband may be hidden in a body cavity. Intrusive shall mean physical entry into a body cavity. The search shall be conducted in an area where the search cannot be observed by persons not conducting the search, except in cases of emergency. If the committed person does not consent to an intrusive cavity search, the search may only be performed upon the approval of the Chief Administrative Officer, in consultation with the center physician or the Agency Medical Director, and upon consideration of factors including, but not limited to, whether the search is medically contraindicated, whether the committed person's health may be endangered if the contraband is not removed, whether alternative means of securing the contraband are feasible, and institutional security.
The Chief Administrative Officer may order a lockdown of the facility or a portion thereof to facilitate a search for contraband in accordance with Section 501.120 of this Part.
All items of contraband discovered during a search shall be confiscated, marked and placed in a secure area until disposition in accordance with Section 501.230.
An employee conducting the search of a committed person's cell, room or dormitory shall complete a form indicating the date and time of the search, the identities of participating officers, and a list of property confiscated, if any, and present it to the committed person within a reasonable time after the search.

History

Source: Amended at 11 Ill. Reg. 14697, effective September 1, 1987

20 Ill. Adm. Code 501.230 Disposition of Contraband

a) Weapons, alcohol, unauthorized controlled substances, drug or gang paraphernalia or items of like character shall be retained until termination of use in criminal or disciplinary proceedings and then shall be properly disposed. However, alcohol confiscated as evidence for disciplinary proceedings may be disposed of prior to the disciplinary proceedings, provided that a record of the disposal is maintained for use in the proceedings.

b) Unauthorized currency shall be deposited in the Inmates' Benefit Fund after use in criminal or disciplinary proceedings. However, currency confiscated as evidence for a disciplinary proceeding may be deposited in the Inmates' Benefit Fund prior to the disciplinary proceeding, provided that a record of the serial numbers of the currency is maintained for use in the proceedings.

c) If it is determined that unauthorized or excess property confiscated as contraband, other than property specified in subsections (a) and (b) of this Section, belongs to the committed person, the committed person may, within 30 days of notice of confiscation:

Have the property shipped at his own expense or have it picked up at the facility during certain hours by a person designated in writing.
Request in writing that the property be destroyed.
Indicate, in writing, that he has filed a grievance regarding the confiscation of the property.

d) If it is determined that unauthorized or excess property, other than property specified in subsections (a) and (b) of this Section, belongs to another committed person, it shall be returned to the owner or the owner shall be permitted to dispose of the property in accordance with subsection (c) of this Section.

e) Property which a committed person does not have shipped, picked up from the facility or destroyed within 30 days of notice of confiscation, or where the owner cannot be identified shall be sold, made State loan, given to a charitable organization or destroyed, as determined by the Chief Administrative Officer. The Chief Administrative Officer may hold the property for an additional 30 days when it is not possible for the property to be picked up within 30 days of notice of confiscation. Any proceeds from the sale of confiscated property shall be deposited in the Inmate's Benefit Fund.

f) If a committed person grieves the confiscation of excess or unauthorized property within 30 days of the notice of confiscation, the property shall be retained at the facility until the grievance procedure has been completed.

History

Source: Amended at 11 Ill. Reg. 14697, effective September 1, 1987

20 Ill. Adm. Code 501.300 Applicability

This Subpart applies to the Adult Division of the Department of Corrections (Department).

History

Source: Amended at 11 Ill. Reg. 14697, effective September 1, 1987

20 Ill. Adm. Code 501.305 Responsibilities

History

Source: Added at 11 Ill. Reg. 14697, effective September 1, 1987

20 Ill. Adm. Code 501.310 Requirements

a) Each maximum security facility shall maintain an area for placement of committed persons in protective custody.

b) The protective custody area shall not be physically located on the same gallery as disciplinary segregation facilities. Neither general population nor disciplinary segregation individuals shall be permitted to have access to this area except as approved by the Chief Administrative Officer.

c) Prior to multiple celling in the protective custody area, the security needs of the individual persons shall be reviewed by the Chief Administrative Officer.

d) Housing accommodations and essential services shall be comparable to those provided for the general population.

History

Source: Amended at 11 Ill. Reg. 14697, effective September 1, 1987

20 Ill. Adm. Code 501.320 Procedure for Placement

a) A committed person may request placement in protective custody. The employee to whom such a request is made shall promptly notify the Chief Administrative Officer. Reassignment from the general population to protective custody shall be accomplished as expeditiously as possible.

b) Within 10 working days after a committed person has been placed in protective custody, he shall appear before the Assignment Officer. The Officer shall make a recommendation to the Chief Administrative Officer concerning the necessity of continued protective custody placement. The following, among other factors, may be considered by the Assignment Officer in making his recommendations:

Size, stature, age, degree of aggressiveness, criminal history, any history of being victimized;
Identification of a specific individual who has threatened and can be expected to continue to threaten to physically harm the committed person requesting protective custody status;
Institutional records that indicate the person has previously had difficulties adjusting within the general population due to pressure from other committed persons;
Written or verbal reports from correctional employees or others; or
Other information that in the Officer's judgment makes continued protective custody placement necessary.

c) The Chief Administrative Officer shall make the final determination. The committed person shall be informed of the decision in writing. In the event that the Chief Administrative Officer determines that the person should be removed from protective custody because his protective custody needs cannot be substantiated, a copy of the decision shall be personally served upon the committed person.

d) If the committed person intends to grieve the decision, he must indicate his intent to do so in writing at the time he is served with the Chief Administrative Officer's decision.

The Chief Administrative Officer shall notify the Administrative Review Board who will review the grievance and provide recommendations to the Director within 30 working days of its receipt, whenever possible. The Director shall make the final determination.
While the grievance is pending, the committed person shall remain in the protective custody area.

e) Any committed person who is voluntarily in the protective custody area shall promptly be returned to the general population upon request to appropriate staff, except as provided in Section 501.350.

History

Source: Amended at 11 Ill. Reg. 14697, effective September 1, 1987

20 Ill. Adm. Code 501.330 Periodic Reviews

a) The Clinical Services Supervisor or other appropriate supervisor shall assign correctional counselors to the protective custody area. An interview of each committed person in protective custody shall be conducted at least once every 30 days to evaluate the necessity of continued protective custody status.

b) If the correctional counselor determines that a committed person is no longer in need of protective custody placement, he shall submit a written request for reevaluation to the Assignment Officer.

c) The Assignment Officer shall review the recommendation of the correctional counselor and any other material the Officer determines to be relevant. The Officer may consider, among other matters, those factors set forth in Section 501.320(b) and may interview the committed person.

d) The Assignment Officer shall submit his recommendations to the Chief Administrative Officer, who shall make the final determination regarding continued protective custody placement. In the event that the Chief Administrative Officer determines that the committed person should be removed from protective custody because his protective custody needs can no longer be substantiated, a copy of the decision shall be personally served upon the committed person.

e) If the committed person intends to grieve the decision, he must indicate his intent to do so in writing at the time he is served with the Chief Administrative Officer's decision.

The Chief Administrative Officer shall notify the Administrative Review Board who will review the case status and provide recommendations to the Director within 30 working days of its receipt, whenever possible. The Director shall make the final determination.
While the grievance is pending, the committed person shall remain in the protective custody area.

History

Source: Amended at 11 Ill. Reg. 14697, effective September 1, 1987

20 Ill. Adm. Code 501.340 Recommendation for Transfer

a) The Assignment Officer may, at any time, recommend an institutional transfer if he determines that a transfer would be in the best interest of the committed person or the facility. The recommendation shall be processed in accordance with rules and policies regarding transfers.

b) In the event that a committed person has been continuously housed in protective custody for a period of six months and he requests a transfer, the Assignment Officer shall recommend an institutional transfer. The recommendation shall be processed in accordance with rules and policies regarding transfers. The decision to approve or deny the transfer shall be made in accordance with the Department's transfer criteria and the availability of space. If the request is denied, the committed person shall thereafter be permitted to request an institutional transfer in accordance with the appropriate rules and policies.

History

Source: Amended at 11 Ill. Reg. 14697, effective September 1, 1987

20 Ill. Adm. Code 501.350 Procedure for Involuntary Placement

a) In the event that any employee becomes aware of specific information which indicates that the safety or security of a committed person might be threatened, the employee shall transmit this information to the Chief Administrative Officer.

b) If the Chief Administrative Officer determines that there exists a clear and immediate threat to the safety of a committed person, the Chief Administrative Officer shall offer the person placement in protective custody. If he refuses, the Chief Administrative Officer may administratively place him involuntarily in protective custody. The committed person shall be provided with notice of this decision and a hearing before the Assignment Officer within three working days after such placement.

c) The Assignment Officer shall make a recommendation to the Chief Administrative Officer regarding the committed person's protective custody status. Among other things, the Officer may recommend that the person remain in protective custody, be returned to the general population or be transferred to another facility. The written recommendation of the Officer shall be forwarded to the Chief Administrative Officer, who shall make the final determination and provide the person with a copy of his decision within seven working days after the hearing.

d) If it is determined that the committed person remain in protective custody for his safety and security or the safety and security of the facility, the Assignment Officer shall reevaluate the person's requirement for protective custody at least every 14 days. The committed person shall have the opportunity to appear before the Officer. The Officer may consider, among other matters, those factors set forth in Section 501.320(b) in making his determination. The Officer shall submit his recommendations to the Chief Administrative Officer, who shall make the final determination.

e) The Chief Administrative Officer shall render his decision within three working days after receipt of the Assignment Officer's recommendation. The committed person shall be personally served with a copy of the Chief Administrative Officer's decision.

f) If the committed person intends to grieve this decision, he must indicate his intent to do so, in writing, at the time he is served with the Chief Administrative Officer's decision.

The Chief Administrative Officer shall notify the Administrative Review Board who shall review and provide recommendations to the Director within 30 working days of its receipt, whenever possible. The Director shall make the final determination.
While the grievance is pending, the committed person shall remain in the protective custody area.

History

Source: Amended at 11 Ill. Reg. 14697, effective September 1, 1987

Part 502 Safety, Maintenance and Sanitation

20 Ill. Adm. Code 502.10 Applicability

This Subpart applies to the Adult, Juvenile and Community Services Divisions of the Department of Corrections (Department).

History

Source: Amended at 11 Ill. Reg. 7264, effective May 1, 1987

20 Ill. Adm. Code 502.20 Menus

a) Menus shall meet minimum recommended dietary allowances.

b) Any foods which contain pork or pork by-products shall be identified as such when served. A substitute entree shall be provided to those committed persons whose religious or dietary requirements prohibit the consumption of pork.

c) In adult facilities at least two servings of milk shall be offered each day.

d) In juvenile facilities at least four servings of milk shall be offered each day.

History

Source: Amended at 15 Ill. Reg. 11928, effective September 1, 1991

20 Ill. Adm. Code 502.30 Special Diets

Medical diets shall be made available to committed persons as prescribed by a Department physician or a licensed physician authorized by the Department to be a committed person's attending physician.

History

Source: Amended at 11 Ill. Reg. 7264, effective May 1, 1987

20 Ill. Adm. Code 502.40 Sanitation

a) All persons assigned to the food services department shall be screened by medical staff prior to commencing work in food service areas.

b) Sanitary practices shall be observed in the storage, handling, preparation and serving of food products.

History

Source: Amended at 13 Ill. Reg. 13577, effective September 1, 1989

20 Ill. Adm. Code 502.100 Applicability

This Subpart applies to the Adult, Juvenile and Community Services Divisions of the Department of Corrections (Department).

History

Source: Amended at 11 Ill. Reg. 7264, effective May 1, 1987

20 Ill. Adm. Code 502.105 Responsibilities

b) No other individual may routinely perform duties whenever a rule in this Part specifically states the Director or Chief Administrative Officer shall personally perform the duties. However, the Director or Chief Administrative Officer may designate another person or persons to perform the duties during periods of his temporary absence or in an emergency.

History

Source: Added at 11 Ill. Reg. 7264, effective May 1, 1987

20 Ill. Adm. Code 502.110 Procedure

a) Committed persons may have any length of hair, sideburns, mustaches, or beards so long as they are kept neat and clean and do not create a security risk.

b) If the growth, elimination, or color change of hair, mustache, sideburns, or beard significantly changes the individual's appearance, a new identification photograph shall be taken.

c) An individual who continuously changes his appearance and thereby interferes with the orderly function of the facility, or otherwise creates a security risk or a sanitation problem, may be required to abide by an individual grooming policy, at the discretion of the Chief Administrative Officer.

History

Source: Amended at 17 Ill. Reg. 19479, effective November 15, 1993

20 Ill. Adm. Code 502.200 Applicability

This Subpart applies to the Adult and Juvenile Divisions of the Department of Corrections (Department).

History

Source: Amended at 11 Ill. Reg. 7264, effective May 1, 1987

20 Ill. Adm. Code 502.205 Responsibilities

History

Source: Added at 11 Ill. Reg. 7264, effective May 1, 1987

20 Ill. Adm. Code 502.210 Clothing

a) Clothing issued to committed persons, including shoes, shall be suitable for the season and properly stenciled or otherwise marked for identification.

b) Individuals may retain and wear personal clothing items subject to the approval of the Chief Administrative Officer.

c) Laundry services shall be available on a scheduled weekly basis.

History

Source: Amended at 11 Ill. Reg. 7264, effective May 1, 1987

20 Ill. Adm. Code 502.220 Bedding

Bedding suitable for weather and temperature shall be provided.

20 Ill. Adm. Code 502.230 Linens

Clean linen shall be provided on a scheduled weekly basis.

20 Ill. Adm. Code 502.300 Applicability

This Subpart applies to the Adult and Juvenile Divisions of the Department of Corrections (Department).

History

Source: Amended at 11 Ill. Reg. 7264, effective May 1, 1987

20 Ill. Adm. Code 502.310 Clothing for Release

a) Upon release of a person on parole, mandatory supervised release, final discharge or pardon, the facility shall provide him with clothing suitable to the season.

b) An individual may wear his own civilian clothing on his release date. Such clothing must be received at the facility no earlier than two weeks and no later than one week prior to his release date.

20 Ill. Adm. Code 502.320 Grants for Travel and Expenses

Upon release of a person on parole, mandatory supervised release, final discharge or pardon, the Department shall procure or provide expense money for necessary transportation and may provide a grant of up to $100. In determining the amount of grant money, if any, the Department may consider, among other matters:

a) The committed person's trust fund balance;

b) The committed person's parole or release plan; and

c) Restitution or other monies owed by the committed person.

Part 503 Classification and Transfers

20 Ill. Adm. Code 503.10 Applicability

This Subpart applies to the Adult and Juvenile Divisions of the Department of Corrections (Department).

History

Source: Amended at 11 Ill. Reg. 11502, effective July 1, 1987

20 Ill. Adm. Code 503.15 Responsibilities

a) Unless otherwise specified, the Director, Chief Administrative Officer or Agency Medical Director may delegate responsibilities stated in this Subpart to another person or persons or designate another person or persons to perform the duties specified.

b) No other individual may routinely perform duties whenever a Section in this Part specifically states the Director, Chief Administrative Officer or Agency Medical Director shall personally perform the duties. However, the Director, Chief Administrative Officer or Agency Medical Director may designate another person or persons to perform the duties during periods of his temporary absence or in an emergency.

History

Source: Added at 11 Ill Reg. 11502, effective July 1, 1987

20 Ill. Adm. Code 503.20 Classification of Committed Persons

a) Each newly committed person shall be evaluated at a reception and classification center or unit for initial assignment to a correctional facility or program.

b) The evaluation shall include a review of available criminal, educational and employment history, health care condition and any other information deemed relevant to placement.

c) A recommendation for placement shall be referred to the Director who shall consider, among other matters, the recommendation and determine the initial placement of the committed person.

d) Each committed person shall, whenever possible, be assigned to a correctional facility or program within 30 days after admission to the Department.

e) A review of a committed person's classification designation or program assignment shall be conducted at regular intervals.

History

Source: Amended at 11 Ill. Reg. 11502, effective July 1, 1987

20 Ill. Adm. Code 503.100 Applicability

This Subpart applies to the Adult, Juvenile and Community Services Divisions of the Department of Corrections (Department).

History

Source: Amended at 11 Ill. Reg. 11502, effective July 1, 1987

20 Ill. Adm. Code 503.105 Responsibilities

History

Source: Added at 11 Ill. Reg. 11502, effective July 1, 1987

20 Ill. Adm. Code 503.110 Definition

"Specialized mental health setting" means a Department of Corrections facility or unit which specializes in mental health care.

20 Ill. Adm. Code 503.120 Administrative Transfers

a) A committed person may be transferred by the Department to any of its facilities or programs or as otherwise permitted by law.

b) Transfers shall be reviewed and approved by the Director.

History

Source: Amended at 11 Ill. Reg. 11502, effective July 1, 1987

20 Ill. Adm. Code 503.130 Assignment and Program Transfers

a) A request or recommendation for transfer may be submitted by a Department employee or the committed person to the Clinical Services Supervisor or, in the Community Services Division, to the Chief Administrative Officer. In the Juvenile Division, a youth's parent or guardian may submit a request for a transfer to the Chief Administrative Officer of the facility.

Requests for initial or continued placement in protective custody or requests for transfers from protective custody shall be processed in accordance with the protective custody rule (20 Ill. Adm. Code 501: Subpart D).
All other requests for transfer shall be processed in accordance with this Part.

b) A member of the Clinical Services staff shall interview the committed person and, if the committed person is eligible for the requested transfer, shall transmit to the Assignment Officer, or at Menard Psychiatric Center to the psychiatrist, a record of the interview, all available information regarding the proposed transfer, a summary of the individual's adjustment and program involvement and any other relevant information.

c) The Assignment Officer or psychiatrist may afford the committed person the opportunity to meet with the Officer or psychiatrist to discuss the transfer, and shall consult with the Health Care Administrator to determine whether any necessary medical treatment has been scheduled. Scheduled medical treatments shall generally be completed prior to transfer. Exceptions must be approved by the Agency Medical Director prior to the transfer.

d) The Assignment Officer or psychiatrist shall make a recommendation to the Chief Administrative Officer who shall approve or disapprove the recommendation. The committed person shall be informed of the decision in writing.

e) If the recommendation is for the committed person to continue in a program at a mental health center or unit, the individual may request a review of that decision by the Placement Review Board (20 Ill. Adm. Code 415.60).

f) If the Chief Administrative Officer approves a request or recommendation for transfer, the recommendation and a record regarding the proposed transfer shall be submitted to the Director for approval or disapproval. The committed person shall be informed of the decision in writing.

History

Source: Amended at 11 Ill. Reg. 11502, effective July 1, 1987

20 Ill. Adm. Code 503.140 Disciplinary Transfers

Transfers may be recommended by the Adjustment Committee pursuant to a finding of guilt of an infraction in accordance with 20 Ill. Adm. Code 504.

History

Source: Amended at 11 Ill. Reg. 11502, effective July 1, 1987

20 Ill. Adm. Code 503.150 Transfers to Specialized Mental Health Settings – Adult Division

Any person committed to the Adult Division may be transferred to a specialized mental health setting if, upon examination by a Department physician or psychiatrist, the physician or psychiatrist certifies such a transfer is required.

a) Emergency transfers to specialized mental health settings may be granted by verbal approval of the Dwight Chief Administrative Officer for female transfers, or by verbal approval of the Director for male transfers if certification of the necessity of such transfer is made by a Department physician or psychiatrist. If the certification is made by a Department physician, the individual must be examined by the physician no more than two hours prior to transfer.

b) Non-emergency transfers of committed persons shall be made in accordance with the following provisions:

The Psychiatric Report shall be reviewed by the Dwight Mental Health Supervisor for a female or the institution Clinical Services Supervisor for a male.
The committed person shall receive written notice of the impending transfer and his right to request, within 24 hours, a hearing before the Psychiatric Review Committee regarding his impending placement in a specialized mental health setting. The Psychiatric Review Committee shall be composed of three persons. One member shall be a mental health professional, one member shall be a representative of the clinical services staff and one member shall not be employed by the Department.

A) A hearing will be held within five days of receipt of the written request unless the committed person requests, in writing, an additional two days to prepare for the hearing. The committed person shall be allowed to make a reasonable number of collect telephone calls to family members or outside professional persons to advise them of his impending hearing.

B) The committed person may have, at his expense, a personal psychiatrist or other mental health professional appear to present verbal or written testimony pertaining to his mental status.

C) The committed person may request that witnesses be called to appear at the hearing.

D) The Psychiatric Report must be read at the hearing and the psychiatrist may appear in person.

E) The Committee shall, by majority vote, recommend the transfer, recommend that the committed person's mental health status be reviewed by another mental health professional or, if in the opinion of a mental health professional the transfer is not warranted, recommend the transfer not be approved.

F) The Committee's recommendation shall be forwarded to the Chief Administrative Officer.

Approval for the transfer of a female by the Dwight Chief Administrative Officer or approval for the transfer of a male by the Director shall be made after:

A) A review of the Psychiatric Report; and

B) A review of the Psychiatric Review Committee's recommendations; or,

C) Receipt of a signed document by the committed person that he does not request a hearing.

c) After the transfer of a female to the Mental Health Unit of the Dwight Correctional Center or the transfer of a male to the Menard Psychiatric Center the following provisions must be complied with:

Within 24 hours of the female's arrival to the Mental Health Unit, she shall receive an examination by a mental health professional.
Within 3 days of a committed person's arrival at the unit or center, he shall receive a follow-up examination by a psychiatrist.

d) Within five working days after the emergency transfer of the committed person, if the individual desires, he shall be provided an opportunity to receive a hearing by the unit or center's Placement Review Board (20 Ill. Adm. Code 415.60). The Placement Review Board shall review the appropriateness of the transfer and provide the individual an opportunity to present other professional opinions in his behalf.

History

Source: Amended at 11 Ill. Reg. 11502, effective July 1, 1987

20 Ill. Adm. Code 503.160 Transfers to Treatment Unit Settings – Juvenile Division

a) Any person committed to the Juvenile Division may be transferred to a treatment unit setting by the Director upon the recommendation of a Department mental health professional. Committed persons determined by a Department physician, psychiatrist or clinical psychologist to be in need of placement in the Department of Mental Health and Developmental Disabilities shall be transferred in accordance with applicable statutory provisions.

b) Procedures shall be established at Juvenile treatment unit facilities which shall:

Provide for a review of continued placement by a mental health professional no less than every 90 days.
Provide an opportunity to the committed person or, upon request, to the committed person's parent or guardian to present material which may be relevant to the committed person's placement or continued placement in a treatment unit setting.

History

Source: Amended at 11 Ill. Reg. 11502, effective July 1, 1987

Part 504 Discipline and Grievances

20 Ill. Adm. Code 504.10 Applicability

This Subpart applies to offenders within the Department of Corrections.

History

Source: Amended at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.12 Definitions

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

"Department" means the Department of Corrections.

"Director" means the Director of the Department.

"Employee", for the purpose of this Part, means any Department employee, contracted employee, employee of a vendor, or a volunteer.

"Investigative Status" means a confinement status in which an offender's movement may be restricted while an incident or matter is being investigated.

"Offender" means a person committed to the Department or to the custody of the Department.

"Seriously Mentally Ill", for the purpose of this Part, means an offender is seriously mentally ill if he or she, as a result of a mental disorder as defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) of the American Psychiatric Association, exhibits impaired emotional, cognitive or behavioral functioning that interferes seriously with his or her ability to function adequately except with supportive treatment or services. These individuals also must either currently have, or have had within the past year, a diagnosed mental disorder, or must currently exhibit significant signs and symptoms of a mental disorder. A diagnosis of alcoholism or drug addiction, of developmental disorders, or of any form of sexual disorder shall not, by itself, render an individual seriously mentally ill. The combination of either a diagnosis or significant signs and symptoms of a mental disorder and an impaired level of functioning, as outlined in this definition, is necessary for one to be considered seriously mentally ill. Whether a person meets the criteria of seriously mentally ill is initially determined by a comprehensive, professional clinical assessment by a Department Mental Health Professional in order to determine if the individual has a diagnosable mental disorder as defined by the current DSM and to establish the person's overall level of functioning. The appropriate threshold to establish level of functioning that equates to a serious mental illness includes serious impairments in capacity to recognize reality in work, school or learning environments; frequent problems with the authority/rules; occasional combative behavior; serious impairments in relationships with friends and family; serious impairments in judgment, thinking and mood; and serious impairment due to anxiety. These disturbances must be observed in at least one of the listed areas.

"Temporary Confinement" means a confinement status in which an offender may be placed until a determination is made as to whether a disciplinary report or investigative report is to be issued, or pending a disciplinary hearing.

History

Source: Amended at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.15 Responsibilities

History

Source: Amended at 22 Ill. Reg. 1206, effective January 1, 1998

20 Ill. Adm. Code 504.20 Offenses and Maximum Penalties

Disciplinary offenses are defined in Appendix A. Maximum penalties for conduct that constitutes a disciplinary offense are set forth in Table A.

a) No offender shall be found guilty of any violation of this Part without a hearing before the Adjustment Committee or Program Unit. If an offender is transferred from one facility to another while pending a hearing, the individual shall be provided with an opportunity to present a defense at any subsequent disciplinary hearing held at the receiving facility that is comparable to that which would have been afforded, in accordance with this Subpart, at the sending facility.

b) In determining the appropriate sanctions, the Adjustment Committee or Program Unit, the Chief Administrative Officer and the Director shall consider, among other matters, mitigating or aggravating factors including:

The offender's age, medical and mental state at the time of committing the offense;
If the offender is determined to be seriously mentally ill and if the sanctions for the violation may include a period of segregation, the recommendations of a mental health professional;
The extent and degree of participation in the commission of the offense;
The amount or nature of stolen property, contraband or injury; and
The offender's prior disciplinary record.

c) Corporal punishment, disciplinary restrictions on diet, medical or sanitary facilities, clothing, bedding, mail or access to legal materials and reductions in the frequency of use of toilets, washbowls and showers shall be prohibited.

d) Disciplinary restrictions on visitation, work, education or program assignments and use of the library shall be related as closely as practicable to the abuse of these privileges. This subsection shall not apply to segregation of offenders for purposes of institutional control.

e) Offenders are presumed to be responsible for any contraband or other property prohibited by this Part that is located on their person, within their cell or within areas of their housing, work, educational or vocational assignment that are under their control. Areas under an offender's control include, but are not limited to, the door track, window ledge, ventilation unit, plumbing, and the offender's desk, cabinet, shelving, storage area, bed and bedding materials in his or her housing assignment, and desk, cubicle, work station and locker in his or her work, educational or vocational assignment. If the offender produces evidence that convinces the Adjustment Committee or Program Unit that he or she did not commit the offense, the offender shall be found not guilty.

History

Source: Amended at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.30 Preparation of Disciplinary Reports

a) Every employee has the duty to observe the conduct of offenders.

b) If an employee observes an offender committing an offense, discovers evidence of its commission or receives information from a reliable witness of the conduct, the employee shall promptly prepare a disciplinary report. However, if the infraction is listed in the 400 series in Table A and the employee determines a disciplinary report is not necessary to resolve the situation, the employee may orally reprimand the offender.

c) The disciplinary report must be fully completed. The reporting employee shall provide the following information to the extent known or available:

The name and identification number of the offender.
The place, time and date of the offense.
The offense that the offender is alleged to have committed.
A written statement detailing the conduct observed.
The names of offenders, employees and visitors who were witnesses. The identity of witnesses may be withheld for reasons of security provided a statement to that effect and the information the confidential source provided are included on the disciplinary report to the extent the information can be included without jeopardizing security.
The signature of the reporting employee and the date and time the report is completed.

d) If an offender is suspected of committing a disciplinary offense, an investigative disciplinary report, hereinafter referred to as an investigative report, shall be issued that reasonably informs the offender of the subject of the investigation to the extent that safety and security allow. In no event shall an investigative report be served upon an offender more than eight calendar days after the suspected commission of an offense or the discovery of an offense, whichever is later, unless the offender is unavailable or unable to participate in the proceeding.

e) Service of a disciplinary report upon the offender shall commence the disciplinary proceeding. In no event shall a disciplinary report be served upon an offender more than eight calendar days after the commission of an offense or the discovery of an offense unless the offender is unavailable or unable to participate in the proceeding.

History

Source: Amended at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.40 Investigative Status and Temporary Confinement

The shift supervisor shall determine whether or not it is necessary to place the offender in investigative status or in temporary confinement status pending a disciplinary hearing or a determination whether to issue a disciplinary or investigative report in accordance with Section 504.30. If the offender has been diagnosed as seriously mentally ill, the shift supervisor shall ensure a mental health professional completes a documented review of the offender within 48 hours and provides his or her recommendation for temporary confinement to the Chief Administrative Officer. The Chief Administrative Officer shall also have the authority to release the offender from temporary confinement. The decision to place an offender in investigative status or temporary confinement may be based, among other matters, on:

a) The aggressiveness of the offender;

b) The threat posed to the safety and security of the facility or any person;

c) The need to restrict the offender's access to general population to protect the individual from injury or to conduct the investigation;

d) The seriousness of the offense; or

e) Contraindication for placement determined by a mental health professional.

History

Source: Amended at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.50 Review of Disciplinary Reports

a) The Chief Administrative Officer of each facility shall designate one or more Reviewing Officers.

b) The Reviewing Officer shall review the decision to place an offender in temporary confinement within three calendar days after the placement, whenever possible, and may order release from or placement in temporary confinement. Among other matters, the factors listed in Section 504.40 may be considered. If a disciplinary or investigative report has not been written within three calendar days after placement in temporary confinement, the Reviewing Officer shall inform the Chief Administrative Officer.

c) An offender who receives an investigative report shall be interviewed by the Reviewing Officer in order to permit the offender an opportunity to present his or her views regarding placement in investigative status. The interview shall be conducted within 10 calendar days after initial placement in investigative status, whenever possible.

The Reviewing Officer shall recommend whether to continue placement of the offender in investigative status. Among other matters, factors listed in Section 504.40 may be considered. The Chief Administrative Officer shall make the final determination.
The offender shall be informed of the decision and the decision shall be documented in writing.
The offender may be detained in investigative status for up to 30 days.
If the investigation does not indicate that the offender may be guilty of any disciplinary offense, placement in investigative status shall be terminated and the report shall be expunged from the offender's records. A copy shall be maintained in an expungement file. This decision shall be made by the Chief Administrative Officer and shall be documented in writing.
If, as a result of the investigation, it is necessary to amend or modify the original charges, the offender shall be issued a revised disciplinary report.
Upon completion of the investigation, the offender shall appear before the Adjustment Committee for a hearing on the disciplinary report unless the report has been expunged.
In the event that an investigation cannot be completed within 30 days due to an institutional emergency, the Chief Administrative Officer may personally authorize, in writing, an extension of up to 30 days placement pending investigation. As used in this Section, an institutional emergency includes riots, strikes, lockdowns and natural disasters.
The Director may personally authorize, in writing, additional extensions of up to 30 days each if an institutional emergency prevents completion of the investigation within 60 days. The offender shall be informed of the decision in writing.

d) The Reviewing Officer shall review each disciplinary report and determine whether:

The reported facts justify a disciplinary hearing. If not, the report shall be expunged from the offender's records. A copy shall be maintained in an expungement file.
The disciplinary report has been completed properly. If not, the Reviewing Officer shall make the necessary corrections or direct the reporting employee to make the corrections. The offender shall be provided with a copy of the corrected report. In the event the corrected report contains new charges, the offender shall be provided a copy of the corrected report at least 24 hours prior to the hearing, unless the offender waives this notice in writing.
The offense is major or minor in nature. Major offenses shall be assigned to the Adjustment Committee for a hearing and minor offenses shall be assigned to the Program Unit for a hearing.

A) Aiding and abetting, soliciting, attempting to commit, conspiring to commit, or committing any offense listed in the 100, 200, or 500 series of Table A shall be considered a major offense.

B) Those offenses listed in the 300 or 400 series or the aiding and abetting, soliciting, attempting to commit, or conspiring to commit any of these offenses shall be designated as major or minor based on the seriousness of the offense and factors enumerated in Section 504.20(b).

e) The Reviewing Officer shall forward copies of all major disciplinary reports to the Hearing Investigator.

History

Source: Amended at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.60 Investigation of Major Disciplinary Reports

a) The Chief Administrative Officer shall appoint one or more Hearing Investigators who shall review all major disciplinary reports.

The Hearing Investigator may conduct an investigation into the charges as determined to be appropriate. This determination may be based, among other matters, upon the severity of the offense, the complexity of the charges or the offender's admission of guilt. The investigation may include an investigation of additional charges.
The Hearing Investigator may correct or direct the reporting employee to correct any errors in the disciplinary report. The offender shall be provided with a copy of the corrected report. In the event the corrected report contains new charges, the offender shall be provided a copy of the corrected report at least 24 hours prior to the hearing unless the offender waives this notice.
The Hearing Investigator may interview any person who may have information that relates to the alleged violation and may inspect any physical evidence.
The Hearing Investigator shall determine whether to submit a report to the Adjustment Committee, based upon the results of the investigation. However, if the investigation reveals evidence of a convincing nature that the offender did not commit the offense, that evidence must be reported to the Adjustment Committee.
Any report may be submitted in writing or presented orally, as determined by the Hearing Investigator.

b) If the offender has been diagnosed as seriously mentally ill and the sanction for the offense may result in a period of segregation, a mental health professional shall be assigned to review the offender's mental health records and disciplinary report to determine if the offender's mental illness contributed to the underlying behavior of the offense.

History

Source: Amended at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.70 Adjustment Committee and Program Unit Composition

a) The Chief Administrative Officer shall appoint the Adjustment Committee, which shall be composed of at least two members.

The Adjustment Committee shall include:

A) To the extent possible, a person representing the counseling staff; and

B) At least one minority staff member.

The Chief Administrative Officer shall designate a chairperson.

b) The Program Unit shall be composed of a group of employees appointed by the Chief Administrative Officer who shall serve as Hearing Officers. At least one member of the Program Unit shall be a minority staff member.

History

Source: Amended at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.80 Adjustment Committee Hearing Procedures

a) The Adjustment Committee hearing shall be convened, but need not be concluded, within 14 days after the commission of the offense by an offender or its discovery, whenever possible, unless the offender has received a continuance or is unable or unavailable for any reason to participate in the hearing. For purposes of this Section, when an investigation has taken place, an offense is considered to be discovered upon the conclusion of the investigation. Inability to participate includes the absence of the offender from the facility for any reason or certification by health care or mental health staff that the offender is unable to appear.

b) The offender shall receive written notice of the facts and charges being presented against him or her no less than 24 hours prior to the Adjustment Committee hearing. The offender may waive the 24-hour advance notice. The waiver shall be in writing.

c) The offender shall be informed before or at the hearing of information that would tend to show that the offender was not guilty. If the information is provided to him or her at the hearing, the offender, upon request, shall be given a continuance.

d) Any person who initiated the allegations that serve as the basis for the disciplinary report, or who conducted an investigation into those allegations, or who witnessed the incident, or who is otherwise not impartial shall not serve on the Adjustment Committee hearing that disciplinary report. An offender who objects to a member of the Adjustment Committee based on a lack of impartiality must raise the matter at the beginning of the hearing. The Adjustment Committee shall document the basis of the objection and the decision in the Adjustment Committee summary.

e) An offender may, upon written request and for good cause shown, be granted additional time to prepare his or her defense. If, at the time of the hearing, the Adjustment Committee determines that the offender was unable to prepare a defense because of a language barrier or hearing impairment, the Adjustment Committee shall automatically grant a request for a continuance for language assistance. The committee shall then make the necessary arrangements for language assistance. Inability to prepare a defense due to a language barrier includes, but is not limited to, a request for witnesses.

f) Any offender charged with a violation of any rule shall have the right to appear before and address the Adjustment Committee. Any refusal to appear shall be documented and provided to the Adjustment Committee. However, failure to appear before or address the Adjustment Committee may be adversely construed against the individual by the Adjustment Committee.

The offender may make any relevant statement or produce any relevant documents in his or her defense.
Prior to the hearing, the offender may request that witnesses be interviewed. The request shall be in writing on the space provided in the disciplinary report and shall include an explanation of what the witnesses would state. If the offender fails to make the request in a timely manner before the hearing, the individual may be granted a continuance for good cause shown.

g) The Adjustment Committee shall consider all material presented that is relevant to the issue of whether the offender committed the offense.

h) If the offender has been diagnosed as seriously mentally ill, the Adjustment Committee may request the reviewing mental health professional to appear before the Adjustment Committee to provide testimony relevant to his or her review.

i) The Adjustment Committee shall consider any statements of witnesses with relevant knowledge of the incident who are reasonably available.

The Adjustment Committee or its Hearing Investigator may interview witnesses and prepare or review summaries of their testimony prior to or at or subsequent to the hearing.
The offender does not have the right to confront or cross-examine any witnesses, but may submit questions for witnesses to the Adjustment Committee prior to the hearing. These questions shall be asked by the Adjustment Committee or its Hearing Investigator unless found to be cumulative, irrelevant or a threat to the safety of individuals or the security of the facility.
A means shall be provided in each living unit for offenders to submit witness request slips. The Adjustment Committee may disapprove witness requests that are not received prior to the hearing.
Requests by offenders for witnesses may be denied if their testimony would be, among other matters, irrelevant or cumulative or would jeopardize the safety or disrupt the security of the facility. If any witness request is denied, a written reason shall be provided.
At least one person who serves as an Adjustment Committee member shall hear the in-person testimony of the offender's witnesses when the offender makes a timely request for the witnesses or is granted a continuance to request witness testimony. In-person testimony of the offender's witnesses shall be defined as face-to-face contact or telephonic contact by the Adjustment Committee.
If the Adjustment Committee makes a written determination that the in-person testimony by the witness requested by the offender would undermine authority or would present potential disruption of the operations of the facility or a threat to the safety of any person or institutional safety or correctional goals, the Adjustment Committee may elect to accept the testimony through other legally permissible means, including, but not limited to, a sworn written summary of an interview of the witness or a sworn statement.
A sworn written statement or sworn written summary of a witness' testimony is a reasonable alternative to in-person testimony if the witness' testimony will be accepted as credible and it involves verification of alleged facts, including, but not limited to, a witness who will testify to the authenticity of contents of a record or document, cell location, work assignment, writ status, staff work schedule or identification.
When testimony is presented to the Adjustment Committee in the form of a written summary or statement, a copy of the written summary or statement shall be given to the accused offender unless the Adjustment Committee finds that disclosure presents a threat to the safety of any person.

j) The offender shall not have the right to either retained or appointed counsel. The offender may request the assistance of a staff member in the preparation and presentation of his or her defense if he or she is illiterate, has a hearing impairment or does not speak English; or when other circumstances exist that preclude the individual from adequately preparing his or her defense.

k) The Adjustment Committee shall decide whether the offender committed the offense based upon all relevant information and evidence.

The Adjustment Committee must be reasonably satisfied there is some evidence that the offender committed the offense for the individual to be found guilty.
The Adjustment Committee may require that any part of the hearing process be recorded, including, but not limited to, a self admission of guilt by the offender.
Polygraph or voice stress analysis results may be considered, but may not be the sole basis for finding the offender guilty of the offense.

l) The Adjustment Committee shall take one of the following actions, based upon the evidence admitted:

Find that the offender did not commit the offense. In that case, the Adjustment Committee shall order that the disciplinary report be dismissed and expunged from the offender's record. A copy shall be maintained in an expungement file.
Find that further investigation is necessary to determine if the offender did or did not commit the offense and place the offender in investigative status.
Find that additional time is needed to obtain information relative to the charge. The hearing may be continued for a reasonable time. However, unless the offender is placed in investigative status, the individual may not be confined for more than 14 days from the date of placement in temporary confinement.
Find that the offender did commit the offense or a lesser offense for which the elements were included in the original charge. The Adjustment Committee may recommend one or more of the following disciplinary actions:

A) Reprimand the offender.

B) Suspend or restrict one or more privileges of the offender for a specific period of time.

C) Reduce the offender's grade or level.

D) Change the offender's program.

E) Change the offender's housing assignment or transfer the individual to another correctional facility.

F) Revoke the offender's statutory sentence credit or recommend an adjustment of provisionally awarded supplemental sentence credit.

G) Increase the offender's security classification.

H) Place the offender in segregation or confinement. If the offender has been diagnosed as seriously mentally ill, the Adjustment Committee shall consider the recommendation of the reviewing mental health professional for the term of segregation, including no period of segregation.

I) Require the offender to make restitution.

J) Revoke the offender from a transition center. If revocation is recommended, the Adjustment Committee may also recommend reduction in grade and placement in segregation.

K) Require forfeiture of items of contraband used in the offense or possessed in violation of this Part.

This Part shall in no way be construed to restrict or limit the Department's ability to administratively change an offender's job, educational, program or housing assignment, to restrict privileges or to transfer the offender to another facility.

m) A written record shall be prepared and signed by all members of the Adjustment Committee that contains:

A summary of oral and written statements and other evidence presented.

A) The Adjustment Committee may consider information from confidential sources if:

i) It finds that his or her identity must be withheld for reasons of security; and

ii) The information is reliable.

B) Reliability may be established by one of the following:

i) The investigating officer has indicated, in writing and by his or her appearance before the Adjustment Committee, the truth of his or her report containing confidential information;

ii) Corroborating testimony such as statements from other sources or polygraph or voice stress analysis results; or

iii) A statement by a member of the Adjustment Committee or an oral or written statement to the Adjustment Committee by supervisory or administrative staff that the individual has firsthand knowledge of the sources of information and considers them reliable on the basis of their past record of reliability.

C) If the identity of a source is being withheld for reasons of security, a statement to that effect and a statement that the Adjustment Committee finds the information reliable must be included. A summary of the information provided and the basis for the finding of reliability shall be documented, but need not be included in the summary based on safety and security concerns.

If the Adjustment Committee members find that the offender committed the offense, a statement as to their reasons for the finding. If exonerating evidence is presented and disregarded, the Adjustment Committee must state the basis for disregarding the evidence.
The disposition of the charges, the disciplinary action recommended and the reasons for recommending the disciplinary action.

n) If the safety or security of the facility or any person is jeopardized by certain references in the written record, they may be deleted but the fact that omissions have been made shall be noted on the summary, along with a finding that material is being deleted based on safety or security concerns.

o) If the offender is found guilty, the individual shall be informed of the opportunity to appeal through the grievance procedures in 20 Ill. Adm. Code 504.Subpart F.

p) A copy of the disciplinary report, Adjustment Committee summary, and, if applicable, the mental health review shall be forwarded to the Chief Administrative Officer for review and approval, and a copy shall be filed in the offender's record. The offender shall be given a copy of the Adjustment Committee summary.

q) The Chief Administrative Officer shall review all Adjustment Committee dispositions. The Director shall review all Adjustment Committee dispositions in which it is recommended that the offender lose statutory sentence credit or provisionally awarded supplemental sentence credit.

The Director, Deputy Director or Chief Administrative Officer may take the following actions:

A) Confirm the recommendation in whole or in part.

B) Order additional or new proceedings.

C) Suspend or overturn the recommendation.

D) Offer the offender a work assignment that, if accepted and satisfactorily completed, will result in reduction of original disciplinary sanctions.

The Director, Deputy Director or Chief Administrative Officer shall not increase the sanctions recommended by the Adjustment Committee, but he or she may reduce them. The offender shall be sent a copy of any modification to the Adjustment Committee recommendations.

History

Source: Amended at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.90 New or Additional Proceedings

a) The Director, Deputy Director or Chief Administrative Officer shall remand the decision to the Adjustment Committee for new proceedings if the proceedings are found to be defective due to:

Inadequate notice, including failure to state the correct date of the offense on the disciplinary report or failure to provide the offender with 24-hour notice of the hearing, unless notice was waived.
Lack of impartiality of the Adjustment Committee.
Improper exclusion of witnesses.
Failure to provide exonerating information to the offender prior to the hearing.

b) New or additional proceedings may be ordered in other circumstances, as determined by the Director, Deputy Director or Chief Administrative Officer.

The offender shall be provided with notice of the rehearing within a reasonable time after the Chief Administrative Officer's decision or the facility's receipt of the decision.
The rehearing shall commence within 14 calendar days after the Chief Administrative Officer's decision or the facility's receipt of the decision, whenever possible.
The procedures on remand shall be conducted in accordance with the procedures governing the hearing on the original charge.

c) The Director, Deputy Director or Chief Administrative Officer may remand the decision to the Adjustment Committee for additional documentation, correction or clarification of the Adjustment Committee summary, including the statement of reasons for excluding witnesses, the basis for the finding of guilt and imposition of sanctions, statement of reasons for deeming sources to be confidential or the failure to specify reasons for finding a confidential source to be reliable.

The offender shall not have the right to a new hearing, but shall be notified of the decision.
After the Adjustment Committee has amended its summary, it shall be forwarded to the Chief Administrative Officer and then to the Director in accordance with the procedures applicable to review of the original disposition.

d) Upon remand, sanctions greater than those imposed at the original hearing shall not be permitted unless the offender is charged with a different offense that provides for a greater penalty than provided for under the original charge or new evidence is produced that was not available at the original hearing and justifies the imposition of greater punishment. However, this does not prohibit the offender from being found guilty and disciplined on remand when the Adjustment Committee had erroneously dismissed the disciplinary report on procedural grounds.

History

Source: Amended at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.100 Program Unit Hearing Procedures

a) The Program Unit hearing shall be convened, but need not be concluded, within 14 calendar days after the commission of the offense or its discovery, whenever possible, unless the offender is unable to participate in the hearing.

b) The offender shall receive written notice of the facts and charges being presented against him or her prior to the hearing.

c) Any person who initiated the allegations that serve as the basis for the disciplinary report, or who conducted a formal investigation into those allegations, or who witnessed the incident, or who is otherwise not impartial, shall not conduct a hearing on that report.

d) The hearing may be continued to obtain additional information or upon the offender's written request and for good cause shown.

e) The offender shall have the right to appear before and address the Program Unit Hearing Officer.

f) The Program Unit Hearing Officer may call witnesses and review any information relevant to the charge.

g) The offender shall not have the right to retained or appointed counsel. The offender may request the assistance of a staff member in the preparation of his or her defense if the individual is illiterate, has a hearing impairment or does not speak English, or when other circumstances exist that preclude the individual from adequately preparing his or her defense.

h) The Program Unit Hearing Officer may return a disciplinary report to the Chief Administrative Officer with a recommendation for a hearing before the Adjustment Committee. The factors listed in Section 504.20(b) shall be considered when making this determination.

If approved by the Chief Administrative Officer, a hearing before the Adjustment Committee shall commence within 14 calendar days after the approval, whenever possible.
If not approved, the disciplinary report shall be referred back for a hearing before the Program Unit that shall commence within 14 calendar days after the decision not to approve the recommendation, whenever possible.

i) The Program Unit Hearing Officer may recommend any of the actions authorized in Section 504.80(l), except that the Officer may not recommend placement in segregation or confinement, revocation of sentence credit, revocation of transition center status, an increase in the offender's security classification, or transfer to another correctional facility.

j) A record shall be signed by the Hearing Officer that contains a summary of oral and written statements and other evidence presented, the decision and the disciplinary action recommended.

k) The summary shall be processed in accordance with Sections 504.80(p) and (q) and 504.90.

History

Source: Amended at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.110 Computation of Discipline for Multiple Offenses

a) When an offender has been found in violation of more than one offense arising from a single incident, the maximum penalty shall not exceed the maximum penalty for the most serious offense the individual is found to have committed.

b) When an offender has been found in violation of more than one offense arising from separate incidents, the maximum penalty for each offense may be imposed, and such penalties shall run consecutively. For example, an offender who is found guilty of assaulting several persons within a short period of time has committed multiple offenses that would be punishable consecutively.

History

Source: Amended at 27 Ill. Reg. 6214, effective May 01, 2003

20 Ill. Adm. Code 504.115 Indeterminate and Long Term Segregation Placement

a) Within six months after placement in segregation, and no less frequently than once every 90 days thereafter, the Director or Deputy Director shall personally review the placement of offenders in indeterminate disciplinary segregation or the placement of offenders who have disciplinary segregation terms greater than one year. This review shall include a face-to-face interview with the offender by staff. The Director or Deputy Director may continue the offender's segregation placement or establish a specific segregation release date.

b) In determining whether to establish a specific segregation release date, the Director or Deputy Director may consider, among other matters:

The seriousness of the offense;
The safety and security of the facility or any person;
The offender's behavioral and disciplinary history;
The offender's age, medical and mental health;
Reports and recommendations concerning the offender;
The interview and any submissions of relevant material and information;
Institutional order; and
Other legitimate penological interests.

c) A copy of the decision shall be provided to the offender and the facility record office.

d) An offender in disciplinary segregation may seek a reduction in the segregation placement in accordance with Section 504.120.

History

Source: Amended at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.120 Reduction in Segregation Placement

a) An offender shall receive credit against the term of segregation placement for time spent in temporary confinement or in investigative status.

b) An offender may petition the Adjustment Committee no more often than every 90 days to reduce the segregation term based on his or her conduct while in segregation.

c) The Adjustment Committee may either recommend reduction of the original segregation term imposed or deny the petition.

d) The Adjustment Committee's recommendation shall be reviewed by the Chief Administrative Officer.

e) The decision shall be provided to the offender in writing and, if denied, shall provide the factual basis for the denial.

History

Source: Amended at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.130 Demotion and Restoration in Grade

a) Privileges shall be afforded to offenders assigned to correctional centers based upon their current grade, in the following manner:

Offenders in "A" grade shall be eligible to receive all institutional privileges. Newly admitted offenders shall be placed in "A" grade.
Offenders in "B" grade shall be eligible to receive institutional privileges limited to medical, critical illness or funeral furlough; yard; limited commissary, not to exceed $30 per month; visits, excluding video visitation; and no more than two telephone calls per 30 day period.
Offenders in "C" grade shall be ineligible to receive institutional privileges, except yard, restricted commissary and visits, excluding video visitation; however, audio-visual privileges may be restored if directed by the treating mental health professional. An offender may only purchase from the commissary personal hygiene items and other items approved by the Chief Administrative Officer, based on the offender's institutional status, once each 30 day period while in "C" grade. The 30 day period shall commence on the date of placement into "C" grade.

b) Grade reductions shall be effective on the date the Chief Administrative Officer renders a decision, unless otherwise specified.

c) An offender who has been demoted to "B" or "C" grade as a result of a disciplinary infraction shall be automatically promoted to the next highest grade at the expiration of the time period specified by the Adjustment Committee.

d) An offender who has been demoted to "C" grade and automatically placed in "B" grade after expiration of the time period specified by the Adjustment Committee shall be required to spend the same time period in "B" grade as in "C" grade. Upon expiration of this time period, the offender shall be restored to "A" grade.

e) An offender may petition the Adjustment Committee for restoration in grade based upon the individual's good conduct and institutional record no more often than every 90 days. The decision shall be provided to the offender in writing and, if denied, shall provide the factual basis for the denial.

History

Source: Amended at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.140 Restitution Procedures

a) The Adjustment Committee or Program Unit may recommend that the offender make restitution in any amount not to exceed costs incurred or damages sustained by any person, entity, or state as a result of the disciplinary offense, including expenses for investigating the matter and processing the disciplinary report. The Adjustment Committee or Program Unit shall document the amount and the conditions of payment.

b) If the Adjustment Committee or Program Unit determines that restitution is appropriate, it shall ask the offender to authorize disbursement from his or her trust fund or from any other account.

If the offender agrees to make restitution the individual shall sign an authorization for disbursement of funds either to the State or to the appropriate individual.
If the offender refuses to authorize disbursement of his or her current funds or future earnings in accordance with the Adjustment Committee's or Program Unit's recommendation, the Adjustment Committee or Program Unit may recommend that a hold be placed on the individual's account for such amount, and may further recommend that the individual's commissary privileges, other expenditures, or State pay be suspended in whole or in part for a definite period of time. However, the offender shall be permitted to retain a sufficient amount of funds to purchase basic personal hygiene items if such items are not provided by the facility.

c) The Adjustment Committee or Program Unit may consider the offender's willingness to make restitution in imposing any other disciplinary sanctions.

d) An offender shall not be subjected to greater punishment because he or she is without funds and therefore unable to make restitution.

e) In the event an offender is released prior to full payment of restitution, arrangements shall be made for payment of the balance of the authorized restitution. If the offender did not authorized restitution, all or a portion of the grant money provided for in 20 Ill. Adm. Code 502.320 may be suspended.

History

Source: Amended at 27 Ill. Reg. 6214, effective May 01, 2003

20 Ill. Adm. Code 504.150 Restoration of Time and Credit

Time and credit that has been revoked may be restored in accordance with 20 Ill. Adm. Code 107.160.

History

Source: Amended at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.200 Applicability (repealed)

History

Source: Repealed at 27 Ill. Reg. 6214, effective May 01, 2003

20 Ill. Adm. Code 504.202 Definitions (repealed)

History

Source: Repealed at 27 Ill. Reg. 6214, effective May 01, 2003

20 Ill. Adm. Code 504.205 Responsibilities (repealed)

History

Source: Repealed at 27 Ill. Reg. 6214, effective May 01, 2003

20 Ill. Adm. Code 504.210 Offenses and Maximum Penalties (repealed)

History

Source: Repealed at 27 Ill. Reg. 6214, effective May 01, 2003

20 Ill. Adm. Code 504.220 Preparation of Disciplinary Reports (repealed)

History

Source: Repealed at 27 Ill. Reg. 6214, effective May 01, 2003

20 Ill. Adm. Code 504.230 Temporary Confinement (repealed)

History

Source: Repealed at 27 Ill. Reg. 6214, effective May 01, 2003

20 Ill. Adm. Code 504.240 Review of Disciplinary Reports (repealed)

History

Source: Repealed at 27 Ill. Reg. 6214, effective May 01, 2003

20 Ill. Adm. Code 504.250 Adjustment Committee and Program Unit Composition (repealed)

History

Source: Repealed at 27 Ill. Reg. 6214, effective May 01, 2003

20 Ill. Adm. Code 504.260 Adjustment Committee Hearing Procedures (repealed)

History

Source: Repealed at 27 Ill. Reg. 6214, effective May 01, 2003

20 Ill. Adm. Code 504.270 New or Additional Proceedings (repealed)

History

Source: Repealed at 27 Ill. Reg. 6214, effective May 01, 2003

20 Ill. Adm. Code 504.275 Program Unit Hearing Procedures (repealed)

History

Source: Repealed at 27 Ill. Reg. 6214, effective May 01, 2003

20 Ill. Adm. Code 504.280 Computation of Discipline for Multiple Offenses (repealed)

History

Source: Repealed at 27 Ill. Reg. 6214, effective May 01, 2003

20 Ill. Adm. Code 504.290 Restitution Procedures (repealed)

History

Source: Repealed at 27 Ill. Reg. 6214, effective May 01, 2003

20 Ill. Adm. Code 504.300 Restoration of Good Time (repealed)

History

Source: Repealed at 27 Ill. Reg. 6214, effective May 01, 2003

20 Ill. Adm. Code 504.400 Applicability (repealed)

History

Source: Repealed at 27 Ill. Reg. 6214, effective May 01, 2003

20 Ill. Adm. Code 504.402 Definitions (repealed)

History

Source: Repealed at 27 Ill. Reg. 6214, effective May 01, 2003

20 Ill. Adm. Code 504.405 Responsibilities (repealed)

History

Source: Repealed at 27 Ill. Reg. 6214, effective May 01, 2003

20 Ill. Adm. Code 504.410 Offenses and Maximum Penalties (repealed)

History

Source: Repealed at 27 Ill. Reg. 6214, effective May 01, 2003

20 Ill. Adm. Code 504.420 Preparation of Disciplinary Reports (repealed)

History

Source: Repealed at 27 Ill. Reg. 6214, effective May 01, 2003

20 Ill. Adm. Code 504.430 Temporary Confinement (repealed)

History

Source: Repealed at 27 Ill. Reg. 6214, effective May 01, 2003

20 Ill. Adm. Code 504.440 Review of Disciplinary Reports (repealed)

History

Source: Repealed at 27 Ill. Reg. 6214, effective May 01, 2003

20 Ill. Adm. Code 504.450 Adjustment Committee and Program Unit Composition (repealed)

History

Source: Repealed at 27 Ill. Reg. 6214, effective May 01, 2003

20 Ill. Adm. Code 504.460 Adjustment Committee Hearing Procedures (repealed)

History

Source: Repealed at 27 Ill. Reg. 6214, effective May 01, 2003

20 Ill. Adm. Code 504.470 New or Additional Proceedings (repealed)

History

Source: Repealed at 27 Ill. Reg. 6214, effective May 01, 2003

20 Ill. Adm. Code 504.480 Program Unit Hearing Procedures (repealed)

History

Source: Repealed at 27 Ill. Reg. 6214, effective May 01, 2003

20 Ill. Adm. Code 504.490 Computation of Penalty for Multiple Offenses (repealed)

History

Source: Repealed at 27 Ill. Reg. 6214, effective May 01, 2003

20 Ill. Adm. Code 504.500 Restitution Procedures (repealed)

History

Source: Repealed at 27 Ill. Reg. 6214, effective May 01, 2003

20 Ill. Adm. Code 504.510 Restoration of Good Time (repealed)

History

Source: Repealed at 27 Ill. Reg. 6214, effective May 01, 2003

20 Ill. Adm. Code 504.600 Applicability

This Subpart applies to correctional facilities within the Department of Corrections.

History

Source: Amended at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.602 Definitions

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

"Department" means the Department of Corrections.

"Director" means the Director of the Department.

"Offender" means a person committed to the Department or to the custody of the Department.

History

Source: Amended at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.605 Responsibilities

a) Unless otherwise specified, the Director, Deputy Director or Chief Administrative Officer may delegate responsibilities stated in this Subpart to another person or persons or designate another person or persons to perform the duties specified.

b) No other individual may routinely perform duties whenever a Section in this Subpart specifically states the Director, Deputy Director or Chief Administrative Officer shall personally perform the duties. However, the Director, Deputy Director or Chief Administrative Officer may designate another person or persons to perform the duties during periods of their temporary absence or in an emergency.

History

Source: Amended at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.610 Placement in Segregation Status

a) In accordance with this Part, offenders may be confined in designated areas on segregation status. Segregation status includes:

Temporary confinement pending a disciplinary hearing or investigation; or
Disciplinary segregation resulting from a disciplinary hearing.

b) Segregation areas include the segregation unit or any cell, living area or other area designated by the Chief Administrative Officer to house offenders who are in segregation status.

History

Source: Amended at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.620 Segregation Standards

Standards for living conditions in segregation areas shall include the following provisions:

a) Double celling shall be permitted upon approval of the Chief Administrative Officer. Prior to assigning offenders to a double cell, a review shall be conducted to determine whether there are reasons why the offenders should not be double celled. Medical and mental health concerns shall be considered in making this determination.

b) Minimally, each cell shall be furnished with:

A bed for each offender, securely fastened to the cell;
Clean bedding, including a mattress, blanket, sheets, pillow and pillow case for each offender;
A wash basin with running water and flushable toilet facilities (controls may be located outside the cell); and
Adequate lighting for reading and observation purposes.

c) Segregation cells shall be located at or above ground level, provide visual access to natural light, and have heat and ventilation consistent with the climate.

d) Each cell shall have a door and a food passage. Any solid cell door shall have a vision panel or shall be designed to allow light to enter and permit observation.

e) The use of physical restraints to confine the offender's movements within the cell shall generally be prohibited.

f) Each cell shall be maintained in a sanitary condition and cleaning materials shall be made available on a regular basis.

g) Personal health and hygiene needs of the offender shall be permitted as follows:

A shower and shave no less than three times per week.
State issued toilet tissue, soap, towel, toothbrush and toothpaste for daily use if the offender has insufficient commissary funds to purchase these items.
A weekly exchange of clean institutional clothes or availability of laundry services at least weekly.
False teeth, eye glasses and other essential items of personal hygiene and health shall be permitted unless they are a threat to safety or security.

h) Offenders in segregation status shall be permitted personal property as approved by the Chief Administrative Officer, except for property prohibited by 20 Ill. Adm. Code 535.

i) Offenders in segregation status shall be demoted to "C" grade. Privileges shall be in accordance with grade (Section 504.130).

j) Persons in segregation status shall receive nutritionally adequate food.

k) Visits shall be permitted in accordance with 20 Ill. Adm. Code 525.Subpart A. Video visitation for offenders in segregation status shall be prohibited.

l) Medical personnel shall visit the segregation unit daily to screen requests for medical attention, and a physician shall visit the unit on a weekly basis.

m) A mental health professional shall conduct mental health rounds in the segregation unit, at minimum, once every seven calendar days.

n) A chaplain designated by the Chief Administrative Officer shall visit the segregation area once every seven calendar days.

o) Each offender in segregation status shall be contacted by a correctional counselor at least once every 30 calendar days.

p) Continued involvement in programs may be permitted on an individual basis on approval of the Chief Administrative Officer.

q) Offenders shall be afforded the opportunity for exercise outside their cells in accordance with Section 504.670.

r) Offenders in segregation status shall have the same mail privileges as those provided for persons in the general population (20 Ill. Adm. Code 525.Subpart B). Electronic mail privileges for offenders in segregation status shall be prohibited.

s) Offenders in segregation status shall be permitted reading materials and shall have access to materials from the facility library and legal library. Physical access to the library need not be provided.

t) Any equipment, personal property or material provided or allowed in the cell of an offender in segregation status, in accordance with this Subpart, may be removed or restricted as approved by the Chief Administrative Officer if the offender destroys, damages or abuses it in a manner that jeopardizes the safety of any person or the facility or disrupts institutional safety or order.

History

Source: Amended at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.630 Investigative Confinement

Offenders placed in confinement pending completion of an investigation shall be provided with the same conditions and services as those required for the segregation area.

History

Source: Amended at 27 Ill. Reg. 6214, effective May 01, 2003

20 Ill. Adm. Code 504.640 Confinement Pending Transfer (repealed)

History

Source: Repealed at 12 Ill. Reg. 8351, effective June 1, 1988

20 Ill. Adm. Code 504.650 Confinement in Control Segregation (repealed)

History

Source: Repealed at 22 Ill. Reg. 1206, effective January 1, 1998

20 Ill. Adm. Code 504.660 Administrative Detention (renumbered)

History

Source: Section 504.660 renumbered to Section 504.690 at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.670 Recreation for Persons in Segregation Status

a) The Chief Administrative Officer shall determine the number of hours per week offenders in segregation status may recreate outside their cells. Offenders in segregation status shall be afforded the opportunity to recreate outside their cells a minimum of eight hours per week distributed in increments over no less than two days per week, unless otherwise specified by the settlement agreement approved in the case of Rasho et al. v. Baldwin, et al., Case No. 07-1298 in USDC CDIL, or unless otherwise restricted by the Chief Administrative Officer in accordance with this Section.

b) Unless medically contraindicated, out of cell recreation may be temporarily restricted or suspended if the Chief Administrative Officer determines the activity to be a threat to the safety and security of the facility or any person. For example:

Offenders who are in segregation status and who are also under investigation may have their congregate recreational opportunities restricted during the pendency of the investigation for a period not to exceed 90 days.
Offenders may have their recreation restricted or limited due to a medical or mental health condition as determined necessary by a health care professional.
Offenders who have been witnesses in criminal cases against other offenders, who are informants, or who otherwise require precautions to ensure their protection may have their congregate recreational opportunities restricted.
Offenders who are classified as high escape risks may have their recreational opportunities restricted.

c) Offenders who are found guilty, under Subpart A, of:

Committing assault, possessing dangerous contraband, escape or aiding or abetting, attempting, soliciting or conspiring to commit any of those offenses while in segregation status may be:

A) Restricted from congregate recreational opportunities for up to 90 days for the first offense; and

B) Restricted from congregate recreational opportunities for 30 days or indefinitely placed on limited recreation or both for the second and subsequent offenses.

Any other major rule infraction that is yard-related and was committed while the offender was in segregation status may be restricted from congregate recreation for up to 90 days for the first offense and up to 90 days for each subsequent major offense.
A minor disciplinary offense that is yard-related and was committed while the offender was in segregation status may be restricted from congregate recreation for up to 15 days for the first offense and up to 30 days for each subsequent offense.

d) Restrictions on recreational opportunities shall be documented, including the type of, length of and reason for the restriction. A copy of the documentation shall be maintained by the facility, a copy shall be placed in the offender's master record file, and a copy shall be given to the offender.

e) Whenever an offender's congregate recreation is restricted for more than 90 consecutive days, the restriction and any health concerns must be personally reviewed and approved in writing by an Assistant Chief Administrative Officer or above.

f) Offenders whose recreational opportunities have been restricted or limited may grieve the determination in accordance with Subpart F.

g) Recreational opportunities shall not be required during institutional lockdowns or during institutional emergencies, including, but not limited to, riots, strikes, fires, work stoppages, power outages and natural disasters.

History

Source: Amended at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.680 Release from Disciplinary Segregation

The Department shall make every attempt to ensure offenders are not released directly to the community from disciplinary segregation status. In the event such a release is imminent, within 180 days prior to release:

a) The Deputy Director shall determine if the offender may transition through a less secure placement option or if continued placement in disciplinary segregation status is appropriate.

b) If the Deputy Director determines continued placement in disciplinary segregation status is appropriate, a transition and stabilization plan shall be developed and appropriate programming, based on safety and security concerns, shall be provided.

History

Source: Added at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.690 Administrative Detention

Administrative detention is a nondisciplinary status of confinement that removes an offender from general population or restricts the individual's access to general population.

a) The Chief Administrative Officer may, with the approval of the Director or Deputy Director, place an offender in administrative detention for up to 90 days.

b) In determining whether to place an offender in administrative detention, the Chief Administrative Officer may consider, among other matters:

The seriousness of the offense;
The safety and security of the facility or any person;
The offender's behavioral and disciplinary history;
Reports and recommendations concerning the offender;
The interview and any submissions of relevant material and information;
Institutional order; and
Other legitimate penological interests.

c) The Chief Administrative Officer shall review the record of each offender in administrative detention every 90 days to determine whether continued placement is appropriate.

The offender need not be interviewed during these reviews.
The Chief Administrative Officer shall document the decision in writing.

d) Living conditions in administrative detention shall meet, at minimum, the standards set forth in Section 504.620.

e) Telephone privileges shall be afforded in accordance with 20 Ill. Adm. Code 525.150.

f) Recreation standards for administrative detention shall be determined by the Chief Administrative Officer and shall afford the opportunity for recreation outside the cell no less than amounts established for other statuses of confinement.

History

Source: Section 504.690 renumbered from Section 504.660 and amended at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.700 Applicability (repealed)

History

Source: Repealed at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.710 Definitions (repealed)

History

Source: Repealed at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.715 Responsibilities (repealed)

History

Source: Repealed at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.720 Placement in Confinement (repealed)

History

Source: Repealed at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.730 Confinement Procedures (repealed)

History

Source: Repealed at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.800 Applicability

This Subpart applies to offenders assigned to correctional facilities within the Department of Corrections.

History

Source: Amended at 27 Ill. Reg. 6214, effective May 01, 2003

20 Ill. Adm. Code 504.802 Definitions

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

"Department" means the Department of Corrections.

"Director" means the Director of the Department.

"Facility ADA Coordinator" means the person or persons designated by the Chief Administrative Officer to coordinate efforts of the facility in carrying out its responsibilities under Title II of the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.).

"Offender" means a person committed to the Department or to the custody of the Department.

History

Source: Amended at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.805 Responsibilities

History

Source: Amended at 22 Ill. Reg. 1206, effective January 1, 1998

20 Ill. Adm. Code 504.810 Filing of Grievances

a) An offender may file a written grievance on a grievance form that shall be made available in all living units. Grievances shall be addressed to his or her institutional counselor; however, complaints concerning discipline or sexual abuse shall be sent by the offender directly to the Grievance Officer. A grievance must be filed with the counselor or Grievance Officer in accordance with the procedures in this Subpart, within 60 days after the discovery of the incident, occurrence or problem that gives rise to the grievance. However, if an offender can demonstrate that a grievance was not timely filed for good cause, the grievance shall be considered. Grievances related to allegations of sexual abuse shall not be subject to any filing time limit.

b) The grievance procedure shall not be utilized for complaints regarding decisions that have been rendered by the Director, such as, but not limited to, facility placement, awards of supplemental sentence credit or transfer denials, or decisions that are outside the authority of the Department, such as parole decisions, clemency or orders regarding length of sentence.

c) The original grievance form shall be deposited in the living unit mailbox or other designated repository. The grievance shall contain factual details regarding each aspect of the offender's complaint, including what happened, when, where and the name of each person who is the subject of or who is otherwise involved in the complaint. This provision does not preclude an offender from filing a grievance when the names of individuals are not known, but the offender must include as much descriptive information about the individual as possible.

d) Staff assistance shall be available as requested by those offenders who cannot prepare their grievances unaided as determined by institutional staff.

All offenders shall be entitled to file grievances regardless of their disciplinary status or classification.
Each facility shall take reasonable steps to ensure that the grievance procedure is accessible to offenders who are impaired, disabled or unable to communicate in the English language.
If staff assistance writing the grievance form is provided, the name of the individual providing the assistance shall be documented on the form.

e) Offenders shall be informed of the grievance procedure at the admitting facility and may request further information regarding the procedure from their counselors.

The written procedure shall be available to all offenders.
An offender unable to speak or read the English language may request that the procedure be explained in the individual's own language.

History

Source: Amended at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.820 Grievance Officer

a) The Chief Administrative Officer shall appoint two or more employees who may serve as a Grievance Officer to attempt to resolve problems, complaints and grievances that offenders have been unable to resolve through routine channels.

b) No person who is directly involved in the subject matter of the grievance or who was a member of the Adjustment Committee that heard a disciplinary report concerning the grievance may serve as the Grievance Officer reviewing that particular case.

History

Source: Amended at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.830 Grievance Procedures

a) Grievances shall be reviewed and a written response provided to the offender. Grievances on issues that are deemed without merit may be returned as denied to the sender without further investigation. No merit grievances include grievances that:

Have previously been addressed for which there is no additional information;
Are on issues that do not involve or affect the offender;
Are not filed timely, and for which good cause justification for the delay is not provided; or
Are decisions previously rendered by the Director.

b) Grievances alleging discrimination based on disability or a request for an accommodation based upon disability shall be forwarded to the facility ADA Coordinator. If deemed an ADA issue, the facility ADA Coordinator shall conduct the investigation as deemed appropriate and make written recommendations to the Chief Administrative Officer for resolution of the grievance.

c) Grievances identified as a Health Insurance Portability and Accountability Act (HIPAA) issue involving the privacy of medical records, access to medical records, restriction of medical records, or an error in medical records shall be forwarded to the facility Privacy Officer. The facility Privacy Officer shall conduct an investigation and make written recommendations to the Chief Administrative Officer for resolution of the grievance.

d) An offender may be afforded an opportunity to appear before the Grievance Officer unless the grievance is deemed without merit. The Grievance Officer may call witnesses as deemed appropriate.

e) The Grievance Officer shall consider the grievance and report his or her findings and recommendations in writing to the Chief Administrative Officer within two months after receipt of the written grievance, when reasonably feasible under the circumstances. The Chief Administrative Officer shall review the findings and recommendation and advise the offender of his or her decision in writing. Responses to duplicate grievances on issues that are currently being grieved may be combined in one response.

History

Source: Amended at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.840 Emergency Procedures

An offender may request a grievance be handled on an emergency basis by forwarding the grievance directly to the Chief Administrative Officer.

a) If there is a substantial risk of imminent personal injury or other serious or irreparable harm to the offender, the grievance shall be handled on an emergency basis.

b) If the Chief Administrative Officer determines that the grievance shall be handled on an emergency basis, he or she shall expedite processing of the grievance and respond to the offender, indicating what action shall be or has been taken.

c) If the Chief Administrative Officer determines that the grievance should not be handled on an emergency basis, the offender shall be notified in writing that he or she may resubmit the grievance as non-emergent, in accordance with the standard grievance process.

History

Source: Amended at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.850 Appeals

a) If, after receiving the response of the Chief Administrative Officer, the offender still believes that the problem, complaint or grievance has not been resolved to his or her satisfaction, he or she may appeal in writing to the Director. The appeal must be received by the Administrative Review Board within 30 days after the date of the decision. Copies of the Grievance Officer's report and the Chief Administrative Officer's decision should be attached.

b) An Administrative Review Board shall be appointed by the Director.

c) The Administrative Review Board shall meet as frequently as necessary and may schedule hearings on grievances. Hearings may be conducted in person or via video or telephonic conference. The Board may call witnesses or examine records at its discretion.

d) The Administrative Review Board shall submit to the Director a written report of its findings and recommendations.

e) The Director shall review the findings and recommendations of the Board and make a final determination of the grievance within six months after receipt of the appealed grievance, when reasonably feasible under the circumstances. The offender shall be sent a copy of the Director's decision.

f) In those instances in which an offender is appealing a grievance determined by the Chief Administrative Officer to be of an emergency nature, the Administrative Review Board shall expedite processing of the grievance.

History

Source: Amended at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.860 Records

Records regarding the filing and disposition of grievances shall be maintained in the offender's master file.

History

Source: Amended at 27 Ill. Reg. 6214, effective May 01, 2003

20 Ill. Adm. Code 504.870 Direct Review by Administrative Review Board

a) Offenders shall submit grievances directly to the Administrative Review Board when grieving:

Decisions regarding protective custody placement, including continued placement in or release from protective custody.
Decisions regarding the involuntary administration of psychotropic medication.
Decisions regarding disciplinary proceedings that were made at a facility other than the facility where the offender is currently assigned.
Other issues that pertain to a facility other than the facility where the offender is currently assigned, excluding personal property and medical issues.

b) The Administrative Review Board shall review and process the grievance in accordance with Section 504.850.

History

Source: Amended at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.900 Applicability

This Subpart applies to persons committed to the Department of Corrections who have been released from correctional facilities and are under the supervision of the Department.

History

Source: Amended at 27 Ill. Reg. 6214, effective May 01, 2003

20 Ill. Adm. Code 504.905 Definitions

"Department" means the Department of Corrections.

"Director" means the Director of the Department.

"Facility ADA Coordinator" means the person or persons designated by the Director to coordinate efforts of the facility in carrying out its responsibilities under Title II of the Americans with Disabilities Act (42 USC 12101 et seq.).

"Parole Commander" means the supervisor of a parole office or a geographic area within the Department.

"Releasee" means any person committed to the Department who has been released under conditional supervision in Illinois due to parole or mandatory supervised release, but who has not yet been discharged from a correctional facility.

History

Source: Amended at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.910 Responsibilities

a) Unless otherwise specified, the Director or Parole Commander may delegate responsibilities stated in this Subpart to another person or persons or designate another person or persons to perform the duties specified.

b) No other individual may routinely perform duties whenever a Section in this Subpart specifically states the Director or Parole Commander shall personally perform the duties. However, the Director or Parole Commander may designate another person or persons to perform the duties during periods of his or her temporary absence or in an emergency.

History

Source: Amended at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.920 Filing of Grievances

a) Releasees who have been unable to resolve complaints or problems through parole staff may file a written grievance with the Parole Commander. A grievance must be filed within 60 days after the discovery of the incident, occurrence or problem that gives rise to the grievance. However, if a releasee can demonstrate that a grievance was not timely filed for good cause, the grievance shall be considered. Complaints or problems regarding the revocation of release status, clemency or orders regarding the length of sentence or decisions that have been rendered by the Director are not reviewable under this procedure.

b) The grievance shall contain factual details regarding each aspect of the releasee's complaint, including what happened, when, where, and the name of each person who is the subject of or who is otherwise involved in the complaint. This provision does not preclude a releasee from filing a grievance when the names of individuals are not known, but the offender must include as much descriptive information about the individual as possible.

History

Source: Amended at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.930 Review of Grievances

a) The Parole Commander shall promptly submit a copy of any grievance alleging discrimination or a request for an accommodation based on disability to the facility ADA Coordinator. The facility ADA Coordinator shall conduct an investigation as deemed appropriate and make written recommendations to the Parole Commander for resolution of the grievance.

b) The Parole Commander shall interview the releasee, unless the grievance is deemed without merit, and shall evaluate and respond to the grievance in writing within two months, when reasonably feasible under the circumstances. Grievances on issues that are deemed without merit may be returned to the sender as denied without further review. No merit grievances include grievances that have previously been addressed for which there is no additional information or that are on issues that do not involve or affect the releasee. Copies of the grievance and response shall be retained in the releasee's case file.

History

Source: Amended at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.940 Appeals

a) The releasee may, if not satisfied with the results of the grievance, submit a written appeal within 30 days after the date of the decision to:

Director

Department of Corrections

1301 Concordia Court, P.O. Box 19277

Springfield, Illinois 62794-9277

b) The Director shall review the grievance and submit a written response to the releasee within six months after receipt of the appealed grievance, when reasonably feasible under the circumstances.

History

Source: Amended at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.APPENDIX A Offense Numbers and Definitions

VIOLENT ASSAULT OF ANY PERSON

Causing a person, substance or object to come into contact with another person in a deadly manner or in a manner that results in serious bodily injury.

ARSON

Setting fire in any location whether public or private, including, but not limited to, any part of the facility, its grounds, or State vehicles.

102a. ASSAULT WITH INJURY

Causing a person, substance or object to come into contact with, and resulting in injury to, a staff member, contractual employee, official visitor, visitor or volunteer.

102b. ASSAULT

Causing a person, substance or object to come into contact with a staff member, contractual employee, official visitor, visitor or volunteer in an offensive or provocative manner; or fighting with a weapon.

102c. ASSAULT TO AN OFFENDER

Causing a person, substance or an object to come into contact with any offender in an offensive, provocative or injurious manner; or fighting with a weapon.

BRIBERY & EXTORTION

Demanding or receiving anything of value in exchange for protection, to avoid bodily injury, or through duress or pressure. Giving or receiving money or anything of value to violate State or federal law or to commit any act prohibited under this Part.

DANGEROUS CONTRABAND

Possessing, manufacturing, introducing, selling, supplying to others or using without authorization any explosive, acid, caustic material for incendiary devices, ammunition, dangerous chemical, escape material, knife, sharpened instrument, gun, firearm, razor, glass, bludgeon, brass knuckles, cutting tools, tools which may be used to defeat security measures such as hacksaw blades, keys and lock picks, any other dangerous or deadly weapon or substance of like character or any object or instrument that is made to appear to be or could be used as a deadly or dangerous weapon or substance.

DANGEROUS DISTURBANCES

Causing, directing or participating in any action or group activity that may threaten the control or security of a facility or seriously disrupt or endanger the operations of a facility, persons or property, including the taking or holding of hostages by force or threat of force and engaging in prohibited group activities such as work stoppages or hunger strikes.

ESCAPE

Leaving or failing to return to lawful custody without authorization, including the failure to return from furlough, leave or authorized absence within two hours after the designated time.

SEXUAL MISCONDUCT

Engaging in sexual intercourse, sexual conduct or gesturing, fondling or touching done to sexually arouse, intimidate or harass either or both persons; or engaging in any of these activities with an animal. However, private masturbation in the offender's living area, excluding a deliberate display of the act or to affront others, shall not be considered sexual misconduct.

SEXUAL ASSAULT

Causing unwilling contact between the sex organ of one person and the sex organ, mouth or anus of another person or any intrusion of any part of the body of one person or object into the sex organ or anus of another person by use of force or threat of force, including pressure, threats or any other actions or communications by one or more persons to force another person to engage in a partial or complete sexual act.

ELECTRONIC CONTRABAND

Possessing, selling, receiving, supplying to others, or using without authorization any electronic device, video recording device, computer or cellular communications equipment, including, but not limited to, cellular telephones, cellular telephone batteries, pagers, computers and computer peripheral equipment.

IMPEDING OR INTERFERING WITH AN INVESTIGATION

Obstructing, impeding or refusing to provide information relevant to an investigation in an attempt to undermine or alter the course of the investigation.

SECURITY THREAT GROUP OR UNAUTHORIZED ORGANIZATIONAL LEADERSHIP ACTIVITY

Knowingly accepting or assuming any leadership position or a position of authority over other offenders in any security threat group or unauthorized organization; or pressuring, recruiting, organizing, authorizing or directing others to engage in security threat group or unauthorized organizational activities, meetings or criminal acts on behalf of an organization not approved pursuant to 20 Ill. Adm. Code 445 or 450.

CONCEALMENT OF IDENTITY

Wearing a disguise or a mask, impersonating another or otherwise concealing one's identity.

DAMAGE OR MISUSE OF PROPERTY

Destroying, damaging, removing, altering, tampering with, or otherwise misusing property belonging to the State, another person or entity, including the obstruction of locks or security devices, destroying or tampering with bar codes or identification cards, or the use of another person's identification card.

DRUGS AND DRUG PARAPHERNALIA

Possessing, manufacturing, introducing, selling, supplying to others, or receiving alcohol, any intoxicant, inhalant, narcotic, syringe, needle, unauthorized controlled medication, controlled substance, unidentifiable medication or marijuana; or being under the influence of any of the above substances; or refusing to be tested for drug or alcohol use, including failure to provide a specimen within two hours after the request; or destroying or tampering with drug or alcohol tests or testing equipment.

FORGERY

Forging, counterfeiting or reproducing without authorization any document, article of identification, money, security or official paper.

SECURITY THREAT GROUP OR UNAUTHORIZED ORGANIZATIONAL ACTIVITY

Engaging in security threat group or unauthorized organizational activities, meetings or criminal acts; displaying, wearing, possessing or using security threat group or unauthorized organizational insignia or materials; or giving security threat group or unauthorized organizational signs.

INTIMIDATION OR THREATS

Expressing by words, actions or other behavior an intent to cause harm to any person or property that creates the reasonable belief that physical, monetary or economic harm to that person or to another will result; or any unauthorized contact or attempt to contact staff outside of official Department business.

DANGEROUS COMMUNICATIONS

Engaging in verbal or written communication that is likely to encourage violence against persons or that is likely to disrupt or endanger the safety and security of the facility, including, but not limited to, escape plans and manufacture of weapons.

DANGEROUS WRITTEN MATERIAL

Possessing or causing to be brought into the facility written material that presents a serious threat to the safety and security of persons or the facility, including, but not limited to, written material relating to methods of escape and the manufacturing of weapons.

IMPAIRMENT OF SURVEILLANCE

Using curtains, coverings or any other matter or object in an unauthorized manner that obstructs or otherwise impairs the line of vision into an offender's cell or room or that obstructs or otherwise impairs any viewing panel or surveillance equipment, both audio and visual, within the facility.

POSSESSION OR SOLICITATION OF UNAUTHORIZED PERSONAL INFORMATION

Possessing or soliciting unauthorized personal information regarding another offender, releasee, employee, former employee or volunteer, including, but not limited to, personnel files, master files, medical or mental health records, photographs, social security numbers, home addresses, financial information or telephone numbers, except as authorized by a court order or as approved in writing by the Chief Administrative Officer.

FRIVOLOUS LAWSUIT

A pleading, motion or other paper filed by the offender for which the court, in accordance with 730 ILCS 5/3-6-3, has found to be frivolous.

FAILURE TO REVEAL ASSETS

Failing to fully cooperate in revealing financial assets on the form provided, including tangible and intangible property and real and personal property; providing false or inaccurate information regarding financial assets or dependents on the forms provided; or refusing to cooperate in revealing financial assets on the form provided.

FIGHTING

Fighting with another person in a manner that is not likely to cause serious bodily injury to one or the other and that does not involve the use of a weapon.

DISOBEYING A DIRECT ORDER ESSENTIAL TO SAFETY AND SECURITY

Willfully refusing, or neglecting to comply with, an order when continued refusal results in a use of force to maintain the safety and security of a facility. This shall include, but not be limited to, refusing to submit to a search, refusing to submit to the application of mechanical restraints, refusing a designated housing assignment or refusing to leave an area.

GAMBLING

Operating or playing a game of chance or skill for anything of value, making a bet upon the outcome of any event, or possessing any gambling device. This shall include participating in any lottery.

GIVING FALSE INFORMATION TO AN EMPLOYEE

Lying or knowingly providing false information to an employee, either orally or in writing.

INSOLENCE

Talking, touching, gesturing or other behavior that harasses, annoys or shows disrespect.

THEFT

Taking property belonging to another person or entity or the facility without the owner's authorization.

TRANSFER OF FUNDS

Causing money to be transferred from one trust fund to another or through an outside source to the account of another offender or entering into contracts or credit agreements without written approval from the Chief Administrative Officer.

UNAUTHORIZED MOVEMENT

Being anywhere without authorization or being absent from where required to be or returning late or not traveling directly to or from any authorized destination without prior staff approval.

CONTRABAND OR UNAUTHORIZED PROPERTY

Possessing, giving, loaning, receiving or using property that an offender has no authorization to have or to receive and that was not issued to the individual through regular procedures, including the unauthorized possession of food or clothing or the possession of property in excess of that authorized by the facility; or property that has been altered from its original state. This offense includes prescribed medication misuse, such as, but not limited to, prescribed medication that is expired, loose or altered from its original state.

PETITIONS, POSTINGS AND BUSINESS VENTURES

Writing, signing or circulating a petition without authorization; unauthorized distributing or posting of any printed or written materials, including surveys; engaging in an unauthorized business venture; or representing oneself as a corporation or official of a corporation without authorization.

ABUSE OF PRIVILEGES

Violating any rule regarding visits, mail, the library, yard, commissary, telephone, authorized electronic communication or recreational activities. This includes unauthorized telephone usage, three-party calls, call forwarding, corresponding or communicating, by any means, with a victim, a victim's family member or any other person after the offender has received notice that such person has informed the Department that he or she does not wish to receive correspondence from the offender. However, if the conduct also constitutes a violation of federal or State law, a committed person may also be charged under #501.

FAILURE TO SUBMIT TO MEDICAL OR FORENSIC TESTS

Willfully refusing to submit to, or cooperate with, testing, examinations or the provision of samples required by court order, State law or current standards of public health and safety, including the refusal to submit to annual tuberculosis screening and mandatory HIV or DNA testing.

POSSESSION OF MONEY

Possessing or causing to be brought into the facility any coin, currency or other negotiable instrument without authorization or for residents of transition centers, failure to promptly submit all income to center staff, including wages, tips, gifts or any check for social security, disability, veteran's benefits, grants, scholarships or loans.

DISOBEYING A DIRECT ORDER

Willfully refusing or neglecting to comply with an order, including the refusal to participate in educational testing; to accept a work, educational or housing assignment; or to perform a work assignment.

HEALTH, SMOKING OR SAFETY VIOLATIONS

Smoking; tattooing or body piercing, including, but not limited to, piercing of the ear, nose or lip; or disregarding basic hygiene of any person, cell, living or work area, or other place in the facility or its grounds.

VIOLATION OF RULES

Willfully disobeying any rule of the facility. If the specific offense is stated elsewhere in this Part, a committed person may not be charged with this offense. The rule violated must be specified in the disciplinary report.

FAILURE TO REPORT

Failure to report for a work, educational or program assignment or for transport.

TRADING OR TRAFFICKING

Trading or trafficking with any person.

VIOLATING STATE OR FEDERAL LAWS

Committing any act that would constitute a violation of State or federal law. If the specific offense is stated elsewhere in this Part, an offender may not be charged with this offense except as otherwise provided in this Section. The State or federal offense must be specified in the disciplinary report.

AIDING AND ABETTING, ATTEMPT, SOLICITATION OR CONSPIRACY

Aiding and abetting any person in the commission of any of these offenses; attempting to commit any of these offenses; making plans to commit any of these offenses; soliciting another to commit any of these offenses; or conspiring to commit any of these offenses shall be considered the same as the commission of the offense itself and shall carry the penalty prescribed for the underlying offense. The underlying offense must be specified in the disciplinary report.

History

Source: Amended at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.TABLE A Maximum Penalties

Offense

Maximum Penalties for Offenders

Loss or Restriction of Privileges

B or C Grade

Sentence Credit Revocation

Segregation

Violent Assault of any Person

1 year

Indeterminate

Arson

1 year

6 months

102a. Assault with Injury

1 year

102b. Assault

1 year

6 months

3 months

102c. Assault of an Offender

6 months

3 months

Bribery & Extortion

1 year

6 months

Dangerous Contraband

1 year

Dangerous Disturbance

1 year

6 months

Escape or Runaway

1 year

Sexual Misconduct

6 months

Sexual Assault

1 year

Indeterminate

Electronic Contraband

1 year

6 months

Impeding or Interfering with an Investigation

3 months

Security Threat Group or Unauthorized Organizational Leadership Activity

1 year

Concealment of Identity

6 months

3 months

Damage or Misuse of Property

6 months

3 months

Drugs and Drug Paraphernalia

6 months

Forgery

3 months

1 month

Security Threat Group or Unauthorized Organizational Activity

6 months

3 months

Intimidation or Threats

6 months

3 months

Dangerous Communications

6 months

Dangerous Written Material

6 months

Impairment of Surveillance

6 months

3 months

Possession or Solicitation of Unauthorized Personal Information

6 months

3 months

Frivolous Lawsuit

0 days

6 months

0 days

Failure to Reveal Assets

0 days

6 months

0 days

Fighting

6 months

3 months

Disobeying a Direct Order Essential to Safety and Security

6 months

3 months

Gambling

3 months

0 days

Giving False Information to an Employee

3 months

0 days

Insolence

3 months

0 days

Theft

6 months

3 months

0 days

Transfer of Funds

3 months

0 days

Unauthorized Movement

3 months

1 month

0 days

Contraband or Unauthorized Property

6 months

3 months

0 days

Petitions, Postings, and Business Ventures

3 months

1 month

0 days

Abuse of Privileges

3 months

0 days

Failure to Submit to Medical or Forensic Tests

3 months

0 days

Possession of Money

3 months

0 days

Disobeying a Direct Order

6 months

0 days

Health, Smoking, or Safety Violations

3 months

1 month

0 days

Violation of Rules

1 month

0 days

Failure to Report

1 month

0 days

Trading or Trafficking

2 months

1 month

0 days

Violating State or Federal Laws

1 year

Aiding and Abetting, Attempt, Solicitation, or Conspiracy

Same as underlying offense

½ as underlying offense

History

Source: Amended at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.TABLE B Maximum Penalties for Juvenile Offenders (repealed)

History

Source: Repealed at 41 Ill. Reg. 3869, effective April 1, 2017

20 Ill. Adm. Code 504.TABLE C Offenses and Maximum Penalties - Community Services Division (repealed)

History

Source: Repealed at 27 Ill. Reg. 6214, effective May 1, 2003

Part 505 Closed Maximum Security Facility

20 Ill. Adm. Code 505.10 Applicability

This Part applies to correctional facilities within the Department of Corrections.

History

Source: Amended at 34 Ill. Reg. 19499, effective December 1, 2010

20 Ill. Adm. Code 505.15 Responsibilities

a) Unless otherwise specified, the Director, a Chief, a Deputy Director, or the Chief Administrative Officer may delegate responsibilities stated in this Part to another person or persons or designate another person or persons to perform the duties specified.

b) No other individual may routinely perform duties whenever a Section in this Part specifically states the Director, a Chief, a Deputy Director, or the Chief Administrative Officer shall personally perform the duties. However, the Director, a Chief, a Deputy Director, or the Chief Administrative Officer may designate another person or persons to perform the duties during periods of his or her temporary absence or in an emergency.

History

Source: Amended at 34 Ill. Reg. 19499, effective December 1, 2010

20 Ill. Adm. Code 505.20 Definitions

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

"Closed maximum security facility" means a facility which houses only those committed persons who are classified as maximum security and who present a threat to the safety or security of a correctional facility, the public, or any person and in which movement and privileges are limited.

"Department" means the Department of Corrections.

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

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

20 Ill. Adm. Code 505.30 Facility Designation

The Tamms Correctional Center is designated a closed maximum security facility. The Tamms Correctional Center shall house only those committed persons who are classified as maximum security and who are in disciplinary segregation or administrative detention, as defined in 20 Ill. Adm. Code 504.

20 Ill. Adm. Code 505.40 Placement at the Tamms Correctional Center

a) An offender may be assigned to the Tamms Correctional Center if the offender is in disciplinary segregation or is in or is being recommended for placement in administrative detention and the transfer is approved by the Chief of Operations.

b) Among other matters, an offender who the Department has determined has engaged in the following activities or who may be planning to engage in these activities may be referred for placement in the Tamms Correctional Center:

Escaping or attempting to escape;
Assaulting staff, offenders or other persons, resulting in death or serious bodily injury;
Engaging in dangerous disturbances;
Having influence in activities of a gang or other unauthorized organization;
Engaging in non-consensual sexual conduct; or
Possessing weapons.

c) The transfer request may be either written or oral with confirmation in writing. The written request, signed by the Chief Administrative Officer of the facility requesting the placement, shall include the recommendation and reasons for the request and shall be submitted to the Chief of Operations for approval. Approval by the Chief of Operations shall result in the offender being classified as maximum security, and those offenders who are in general population shall be placed in administrative detention.

d) Placement in the Tamms Correctional Center shall be based upon the following considerations, including but not limited to:

The safety and security of the facility, the public, or any person;
The offender's disciplinary and behavioral history;
Reports and recommendations concerning the offender;
The feasibility of a transfer to another facility;
Medical concerns; and
Mental health concerns.

e) Offenders who are transferred to the Tamms Correctional Center who are not in disciplinary segregation at the time of the transfer and offenders who complete their term of disciplinary segregation while at the Tamms Correctional Center shall be provided a hearing before the Transfer Review Committee, in accordance with Section 505.60, to determine whether they should remain in administrative detention at the Tamms Correctional Center.

History

Source: Amended at 34 Ill. Reg. 19499, effective December 1, 2010

20 Ill. Adm. Code 505.50 Transfer Review Committee

a) The Transfer Review Committee shall be composed of two persons selected by the Chief Administrative Officer of the Tamms Correctional Center.

b) The Committee shall:

Conduct transfer review hearings in accordance with Section 505.60; and
Conduct routine reviews of persons in administrative detention at the Tamms Correctional Center in accordance with Section 505.70.

20 Ill. Adm. Code 505.60 Transfer Review Hearing

a) Whenever possible, a transfer review hearing shall be conducted:

Within 10 working days after an offender's placement in the Tamms Correctional Center or expiration of the offender's term of disciplinary segregation.
Within 21 working days after an offender's placement in disciplinary segregation.

b) The offender shall be afforded the opportunity to appear at the hearing, to make statements relevant to his or her placement in the Tamms Correctional Center, and to present relevant documents. The offender may also request that the Committee interview persons with relevant information.

c) In determining whether to continue placement in administrative detention in the Tamms Correctional Center, the Committee, may consider, among other matters, the factors set forth in Section 505.40(d).

d) The Committee shall make recommendations to the Chief Administrative Officer of the Tamms Correctional Center. The Chief Administrative Officer shall approve or disapprove the Committee's recommendations and shall submit his or her recommendation to the Chief of Operations for a final decision. The offender shall be informed in writing of the final decision.

e) Upon Receipt of the transfer review hearing final decision, the offenders may appeal their placement at the Tamms Correctional Center directly to:

Chief Legal Counsel

Illinois Department of Corrections

1301 Concordia Court

P.O. Box 9277

Springfield IL 62794-9277

History

Source: Amended at 34 Ill. Reg. 19499, effective December 1, 2010

20 Ill. Adm. Code 505.70 Review of Administrative Detention Status

a) The Transfer Review Committee shall review the record of each offender in administrative detention at the Tamms Correctional Center every 90 days to determine whether continued placement is appropriate.

The offender need not be interviewed during these reviews.
The Committee shall make written recommendations to the Chief Administrative Officer.
If the Chief Administrative Officer recommends the offender be transferred, the recommendation shall be forwarded to the Chief of Operations for final approval.

b) A hearing shall be held every year in accordance with Section 505.60 to determine whether continued placement in administrative detention in the Tamms Correctional Center is appropriate.

c) Other reviews set forth under 20 Ill. Adm. Code 504.660 shall not apply to offenders in administrative detention at the Tamms Correctional Center.

History

Source: Amended at 34 Ill. Reg. 19499, effective December 1, 2010

20 Ill. Adm. Code 505.80 Rights and Privileges

Offenders assigned to the Tamms Correctional Center shall have the rights and privileges outlined in 20 Ill. Adm. Code 525, except for visiting privileges.

a) Except for legal visits, persons wishing to visit an offender should submit a request sufficiently in advance to the Chief Administrative Officer of the Tamms Correctional Center. Visits must be approved in advance by the Chief Administrative Officer.

b) All visits shall be non-contact.

History

Source: Amended at 34 Ill. Reg. 19499, effective December 1, 2010

20 Ill. Adm. Code 505.90 Personal Property

Committed persons assigned to the Tamms Correctional Center shall have the rights and privileges outlined in 20 Ill. Adm. Code 535 except as provided herein.

a) Committed persons in administrative detention may possess audio visual property in accordance with institutional status as approved by the Chief Administrative Officer. Committed persons confined in disciplinary segregation shall have no audio visual property for recreational purposes.

b) The committed person's property, excluding legal materials and a television, shall be limited to items which may be properly stored in a Department issued personal property storage box.

c) Legal materials must be properly stored in the Department issued personal property box or in an additional Department issued storage box provided for legal materials.

20 Ill. Adm. Code 505.100 Commissary

Commissary shall be provided according to institutional status.

20 Ill. Adm. Code 505.110 Smoking and Tobacco Products (repealed)

History

Source: Repealed at 34 Ill. Reg. 19499, effective December 1, 2010

Part 525 Rights and Privileges

20 Ill. Adm. Code 525.10 Applicability

This Subpart applies to all correctional facilities within the Department of Corrections.

History

Source: Amended at 27 Ill. Reg. 8039, effective July 1, 2003

20 Ill. Adm. Code 525.12 Definitions

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

"Department" means the Department of Corrections.

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

"Offender" means a person committed to the Department or to the custody of the Department.

History

Source: Amended at 27 Ill. Reg. 8039, effective July 1, 2003

20 Ill. Adm. Code 525.15 Responsibilities

History

Source: Amended at 20 Ill. Reg. 15960, effective January 1, 1997

20 Ill. Adm. Code 525.20 Visiting Privileges

a) The Chief Administrative Officer of each correctional facility shall establish regular visiting hours.

All rules and regulations pertaining to visiting shall be posted and made available to visitors and offenders.
Visitors who travel great distances to visit an offender may request extended visits. These requests should be submitted sufficiently in advance to the Chief Administrative Officer for consideration.
Visitors shall be subject to search in accordance with 20 Ill. Adm. Code 501.220.
Visitors may be permitted to wear religious headgear if:

A) There are no safety or security concerns; and

B) The headgear has been removed and thoroughly searched; and

C) The visitor has indicated that the headgear has religious significance; and

D) Either:

i) The headgear is a kufi, yarmulke, turban, habit, or fez; or

ii) A written request to wear headgear other than those listed in subsection (a)(4)(D)(i) of this Section was submitted to the Chief Administrative Officer at least ten days prior to the visit and the Chief Administrative Officer approved the request. Failure to submit a timely request shall result in denial of the request.

All offenders' visits shall be subject to monitoring and recording at any time by departmental staff, unless prior special arrangements have been made for confidential attorney visits or other privileged visits. For purposes of this Section, a privileged visit means any conversation or communication between visitors that is protected by a privilege of law or by decision, rule, or order of the Illinois Supreme Court. Notices stating that visits are subject to monitoring and recording shall be posted in places in which offenders are normally permitted to visit and in the offenders' orientation manual.
Visits may be restricted to non-contact visits by the Chief Administrative Officer for reasons of safety, security, and order. This may include, but not be limited to, restricting visits to non-contact visits for offenders known or believed to be engaged in gang activity.

A) Offenders who are assigned to an adult closed maximum security or who are in disciplinary segregation or who are extremely high escape risks shall be restricted to non-contact visits.

B) Offenders found in possession of illegal drugs or who fail a drug test shall be restricted to non-contact visits for at least 6 months.

C) Offenders involved in gang activity or found guilty of assault against a Department employee in accordance with 20 Ill. Adm. Code 504 shall be restricted to non-contact visits for a period of at least 6 months.

b) At the time of admission to a reception and classification center, an offender shall submit a list of proposed visitors to designated facility staff. A visiting list shall be established after verification, review, and approval by the Chief Administrative Officer. Permission to visit may be denied due to the safety, security, or operations of the facility. Visitors must be approved in order to visit.

Department staff may interview or request background information from potential visitors to determine whether the individual would pose a threat to the safety or security of the facility or any person or to the order of the facility.
Visitors 17 years of age or older must be on the approved list in order to visit.

A) An individual 12 years through 16 years of age who is not a member of the offender's immediate family may only visit with the written consent of his or her parent or guardian. Immediate family shall include children, brothers, sisters, grandchildren, whether step, adopted, half, or whole, and spouses.

B) When visiting, anyone under the age of 17 years must be accompanied by an approved visitor who is 17 years of age or older, unless prior written approval has been granted by the Chief Administrative Officer.

C)) Visitors under 12 years of age may only be permitted to visit:

i) When accompanied by a parent or guardian who is an approved visitor;

ii) When prior written consent has been given by a parent or guardian who is in the free community for the child to visit when accompanied by an approved visitor designated in writing who is at least 17 years of age; or

iii) As otherwise approved by the Chief Administrative Officer.

In determining whether an exception shall be granted pursuant to subsections (b)(2)(B) and (C), the Chief Administrative Officer may consider, among other factors, the proposed visitor's age, emancipation, and relationship to the offender; whether a legal guardian has been appointed for the proposed visitor; the inability of an approved visitor to accompany the proposed visitor; and any applicable court order.
A proposed visitor who has been convicted of a criminal offense or who has criminal charges pending, including, but not limited to, an individual on bond, parole, mandatory supervised release, or probation or an ex-offender, may visit an offender only with the written approval of the Chief Administrative Officer. In determining whether to approve or deny a request, the Chief Administrative Officer may consider, among other matters, the following:

A) The nature, seriousness, and the date of commission of the offense.

B) The proposed visitor's criminal history.

C) The proposed visitor's relationship to the offender.

D) The date of discharge from parole, supervision, or probation or of completion of service of a term of incarceration.

The number of approved visitors may be limited by the Department due to operations and security reasons. Any limitations imposed shall be conveyed to offenders.
Offenders may request to change the names of requested visitors no more frequently than monthly except in emergencies or to add or change attorney names.
A visitor may be disapproved at any time by the Chief Administrative Officer in accordance with this Subpart.

History

Source: Amended at 27 Ill. Reg. 8039, effective July 1, 2003

Chapter I Department of Corrections

Subchapter e Operations

Part 525 Rights and Privileges

20 Ill. Adm. Code 525.30 Clergy Visitation

Clergy and religious leaders from religious groups may visit offenders during regularly scheduled visiting hours and during other hours as approved by the Chief Administrative Officer subject to safety and security concerns.

History

Source: Amended at 27 Ill. Reg. 8039, effective July 1, 2003

20 Ill. Adm. Code 525.40 Attorney Visitation - Adult Division

a) Licensed attorneys and any investigators, law students, or paralegals working under their supervision may visit an offender during regularly scheduled visiting hours unless permission has been granted by the Chief Administrative Officer to visit during other hours.

b) Investigators, law students, or paralegals shall be required to present a written statement from a registered attorney indicating that they are working under the supervision of an attorney who is representing an offender and indicating the names of the offenders with whom they are authorized to visit.

c) Attorneys or those working under their supervision are requested to notify the Chief Administrative Officer of the designated time and date of the visit at least two days in advance of the visit in order to make special visiting room arrangements.

History

Source: Amended at 27 Ill. Reg. 8039, effective July 1, 2003

20 Ill. Adm. Code 525.50 Attorney Visitation - Juvenile Division (Court Agreement)

a) To assure that persons committed to the Juvenile Division may privately confer in person with attorneys of their choice or with attorneys retained by their parents or with attorneys appointed by courts, the following procedures are established:

Attorneys may routinely visit offenders between the hours of 9:00 a.m. and 5:00 p.m. daily, unless other arrangements have been made with the Chief Administrative Officer of the facility.

A) Except in emergencies, at least 24 hours before the visit, attorneys are requested to notify an employee of the facility designated by the Chief Administrative Officer to arrange visitations, the date and time at which they wish to confer with the offender.

B) The designated employee will immediately confirm or deny the arrangements.

The visiting attorneys may establish that they are attorneys registered with the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois (130 East Randolph, Suite 1500, Chicago, Illinois 60601) by exhibiting their Commission identification card.

A) If no card is available, the facility shall call the Commission (800/826-8625 or 312/565-2600) to determine if the attorneys are registered.

B) Visiting attorneys not listed with the Commission or those practicing out of state shall be approved by the Chief Administrative Officer only after it has been established that they are licensed to practice law.

Any time prior to any attorney-offender conference, the offender shall sign an authorization. The authorization shall be filed in the offender's master record file and shall be substantially in the following form:

I, (name of offender), hereby authorize (name of attorney), Attorney at Law, to represent me as my attorney and advocate.

Date

Signature

A) In the event that the offender's written authorization is not submitted for the attorney, the designated employee will immediately confer with the offender for the purpose of obtaining written authorization.

B) In lieu of the above authorization, any time prior to the visit, an attorney may present a copy of a court order appointing the attorney to represent the offender.

b) The aforementioned shall apply also to law students, paralegals, or attorneys' agents to the extent that such persons present a written statement from registered attorneys indicating that the person is working under the supervision of an attorney.

c) Before this Section of the Subpart may be modified, the Department legal staff shall be consulted. This Section was promulgated pursuant to the settlement of litigation by order of the court. It may not be modified without the approval of the court.

History

Source: Amended at 27 Ill. Reg. 8039, effective July 1, 2003

20 Ill. Adm. Code 525.60 Restriction of Visitors

a) The Chief Administrative Officer may limit the frequency and duration of visits in accordance with the availability of space and staff.

b) The Chief Administrative Officer may limit the number of persons allowed per visit in accordance with considerations of space, time, and security.

c) Visiting privileges may be temporarily suspended by the Chief Administrative Officer during an institutional emergency or lockdown and for a reasonable time thereafter, upon the approval of the Director.

d) Visitors and offenders shall not be permitted to exchange any item during a visit, except with prior approval of the Chief Administrative Officer.

e) The Chief Administrative Officer may deny, suspend, or restrict visiting privileges based, among other matters, upon the following:

Security and safety requirements;
Space availability;
Disruptive conduct of the offender or visitor;
Abuse of the visiting privileges by the offender or visitor; or
Violation of State or federal laws or departmental rules by the offender or visitor.

f) Any of the following actions on the part of a visitor may result in a temporary restriction of up to six months:

Disruptive conduct of a minor nature.
Disobeying an order or posted rule.
Refusal to submit to search.
Possession of drugs when the visitor has demonstrated there was no intent to conceal or introduce drugs into the facility.
Possession of alcohol when the visitor has demonstrated there was no intent to conceal or introduce alcohol into the facility.
Being under the influence of alcohol or drugs.
Possession of other contraband as defined under State, federal, or local laws or other departmental rules not specifically outlined in this Subpart.

g) Any of the following actions on the part of a visitor may result in a permanent restriction:

Assaultive behavior on any individual.
Sexual misconduct.
Possession of weapons.
Possession of drugs or drug paraphernalia.
Unauthorized possession of money.
Possession of escape paraphernalia.
Possession of alcohol.
Providing false identification or information.
Disruptive conduct of a major nature.
Violation of State, federal, or local law during a visit, including arrest or conviction based on any action committed during a visit.
Any recurrence of an action that previously resulted in a temporary restriction.

h) Employees who have been involved with offenders or former employees who have either resigned or have been terminated as a result of involvement with offenders may be permanently restricted from visits if it is determined they may be a threat to safety or security.

i) If contraband is discovered in the possession of an offender either during or after a visit, it will be assumed that the contraband was introduced by the offender's visitor.

j) Visits of offenders hospitalized in the community may be restricted to the immediate family and shall be subject to the general visiting policies of the hospital.

k) Written notification of temporary or permanent restriction of visiting privileges shall be sent to the visitor and to the offender. Any person excluded from an offender's visiting list at one correctional facility shall be excluded at all facilities. The notice of temporary restriction shall state the exact length of the restriction.

l) Notices of permanent restrictions shall inform visitors and offenders that they may request that the Chief Administrative Officer review the decision after a six month period. After the initial six month review, permanent restrictions shall be reviewed by the Chief Administrative Officer on an annual basis upon request of the offenders or their visitors. Written notification of the decision shall be sent to the visitor and to the offender.

m) The Chief Administrative Officer may restore visiting privileges at any time.

History

Source: Amended at 27 Ill. Reg. 8039, effective July 1, 2003

Chapter I Department of Corrections

Subchapter e Operations

Part 525 Rights and Privileges

20 Ill. Adm. Code 525.100 Applicability

This Subpart applies to all correctional facilities within the Department of Corrections.

History

Source: Amended at 27 Ill. Reg. 8039, effective July 1, 2003

20 Ill. Adm. Code 525.110 Definitions

a) "Assistant Director" means the second highest ranking official of the Department.

b) "Chief" or "Deputy Director" means the highest ranking official of a district or division within the Department.

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

d) "Department" means the Department of Corrections.

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

f) "Mail Digitization" for purposes of this Subpart, means the process of scanning non-privileged incoming physical mail to create an electronic or digitized version.

g) "Digital Copy Distribution" for the purposes of this Subpart, means the process of distributing the electronic or digitized version of non-privileged incoming mail to the individual in custody's electronic device.

h) "Physical Copy Distribution" for purposes of this Subpart, means the process of distributing a printed copy of the electronic or digitized version of non-privileged incoming mail.

i) "Incoming privileged mail" means mail from the following:

The Director;
Assistant Director, Chiefs, and Deputy Directors of the Department;
Department attorneys;
The Department Prison Rape Elimination Act (PREA) coordinator;
The Department American with Disabilities Act coordinator;
Members of the Administrative Review Board;
Members of the Prisoner Review Board;
The Governor of Illinois;
A Foreign Consular;
Federal or Illinois legislators;
The Federal Bureau of Investigation, the Drug Enforcement Administration, the Criminal Division of the Department of Justice, the United States Customs Service, the Secret Service, the Illinois State Police, and Sheriff's Offices and Police Departments in the State of Illinois;
The Office of the Illinois Inspector General;
John Howard Association;
A rape crisis center that has executed a memorandum of understanding with the facility; and
Legal mail.

j) "Outgoing privileged mail" means mail to the following:

The Director;
Assistant Director, Chiefs, and Deputy Directors of the Department;
Department attorneys;
The Department PREA coordinator;
The Department Americans with Disabilities Act coordinator;
Members of the Administrative Review Board;
Members of the Prisoner Review Board;
The Governor of Illinois;
A Foreign Consular;
Federal or Illinois legislators;
The Federal Bureau of Investigation, the Drug Enforcement Administration, the Criminal Division of the Department of Justice, the United States Customs Service, the Secret Service, the Illinois State Police, and Sheriff's Offices and Police Departments in the State of Illinois;
The Office of the Illinois Inspector General;
John Howard Association;
A rape crisis center that has executed a memorandum of understanding with the facility;
Clerks of courts or of the Illinois Court of Claims; and
Legal mail.

k) "Legal mail" means mail to and from the following:

Registered Attorneys who provide legal representation to individuals in custody;
State's Attorneys;
The United States Department of Justice and Offices of the United States Attorneys;
The Office of the Illinois Attorney General;
Judges or magistrates of any court or the Illinois Court of Claims Judges; and
Any organization that provides direct legal representation to individuals in custody, but not including organizations that provide referrals to attorneys, such as bar associations.

l) "Individual in Custody" means a person committed to the Department or to the custody of the Department.

m) "Photocopy" for the purposes of this Subpart, means the process of creating a photographic copy of printed or written material through using light on a specific surface or other xerography and related techniques.

History

Source: Amended at 50 Ill. Reg. 1047, effective January 9, 2026

20 Ill. Adm. Code 525.115 Responsibilities

History

Source: Amended at 50 Ill. Reg. 1047, effective January 9, 2026

20 Ill. Adm. Code 525.120 Processing of Mail

a) Mail shall be delivered and posted promptly.

b) Individuals in custody may correspond with anyone in the free community in accordance with this Subpart without prior written approval of the Chief Administrative Officer, except with employees, former employees, or releasees of the Department. Permission for committed persons to correspond between intra-state and inter-state correctional facilities shall require the approval of the Chief Administrative Officers of both facilities and shall be based on safety and security concerns.

c) Each facility shall establish procedures in cooperation with the local post office for processing certified or registered mail. To send certified or registered mail, individuals in custody shall have sufficient funds in their trust fund accounts and shall attach to the envelopes signed money vouchers so that the proper postage may be applied and the amount deducted from their trust fund accounts.

d) Individuals in custody shall not be permitted to open, read, or deliver another individual in custody's mail without the person's permission. However, individuals in custody may transport mail in sacks or other closed containers under the direct supervision of an employee.

e) No disciplinary restrictions shall be placed on an individual in custody's mail privileges.

History

Source: Amended at 50 Ill. Reg. 1047, effective January 9, 2026

20 Ill. Adm. Code 525.130 Outgoing Mail

This Section applies to all correctional facilities within the Department.

a) Individuals in custody shall be permitted to send privileged and non-privileged letters at their own expense. Individuals in custody with insufficient money in their trust fund accounts to purchase postage shall be permitted to send legal mail and mail to clerks of any court or the Illinois Court of Claims, to certified court reporters, to the Administrative Review Board, and to the Prisoner Review Board at State expense if they attach signed money vouchers authorizing deductions of future funds to cover the cost of the postage. The individual in custody's trust fund account shall be restricted for the cost of such postage until paid or the individual in custody is released or discharged, whichever is soonest.

b) Individuals in custody shall clearly mark all outgoing mail with their name and in adult facilities with their institutional number. Mail that is not properly marked, including privileged mail, shall be opened and returned to the sender if the sender's identity can be determined. If the sender's identity cannot be determined, the mail shall be destroyed.

c) Outgoing privileged mail shall be clearly marked as "privileged" and sealed by the individual in custody. Outgoing mail which is clearly marked as privileged and addressed to a privileged party may not be opened for inspection except as provided in subsection (d).

d) In adult facilities, outgoing privileged mail shall be examined for dangerous contraband, using an x-ray, fluoroscope, or other similar device. Such examination may be conducted in juvenile facilities. Outgoing privileged mail may be inspected for dangerous contraband by other means which do not damage the mail and which do not permit the mail to be read. Except in an emergency, outgoing privileged mail shall not be opened, unless there is reasonable suspicion that dangerous contraband is contained therein, legal services is consulted, and the mail is opened in the individual in custody's presence.

e) With the exception of privileged mail, all mail shall be unsealed when collected or placed in housing unit mailboxes. Sealed mail that is not privileged shall be opened and returned to the sender if the sender's identity can be determined. If the sender's identity cannot be determined, the mail shall be destroyed.

f) Each correctional facility shall establish procedures for the collection of outgoing mail. Collections shall be made daily, Monday through Friday, except on State holidays. Every effort shall be made to ensure that mail is delivered to the U.S. Postal Service on the same day.

g) Outgoing non-privileged mail shall be inspected for contraband. If a letter from an individual in custody is confiscated because it contains contraband, the individual in custody shall be notified promptly in writing.

h) Department employees may spot check and read outgoing non-privileged mail. Outgoing non-privileged mail or portions thereof may be reproduced or withheld from delivery if it presents a threat to security or safety, including the following:

The letter contains threats of physical harm against any person or threats of criminal activity;
The letter contains threats of blackmail or extortion;
The letter contains information regarding sending contraband into or out of the facility, plans to escape, or plans to engage in criminal activity;
The letter is in code and its contents cannot be understood by correctional staff;
The letter violates any departmental rules or contains plans to engage in activities in violation of departmental or institutional rules;
The letter solicits gifts, goods, or money from other than family members;
The letter contains information which, if communicated, might result in physical harm to another;
The letter contains unauthorized correspondence with another individual in custody; or
The letter or contents thereof constitute a violation of State or federal law.

i) Any outgoing letter may be stopped and returned to the sender if the person to whom it is addressed (or a parent or guardian, if the addressee is a minor or incompetent) has notified the Chief Administrative Officer in writing that the person does not wish to receive mail from the individual in custody. This rule shall not be construed to prevent individuals in custody from corresponding with their children unless their parental rights have been terminated.

j) If an individual in custody is prohibited from sending a letter or portions thereof, the individual in custody shall be informed in writing of the decision.

k) Material from a letter which violates subsection (h) may be placed in an individual in custody's master file.

l) Individuals in custody may not send packages without approval of the Chief Administrative Officer, whose decision shall be based on administrative, safety, and security considerations.

History

Source: Amended at 50 Ill. Reg. 1047, effective January 9, 2026

20 Ill. Adm. Code 525.140 Incoming Mail

a) Incoming privileged mail must be clearly marked as asserting the communication is privileged mail as defined in Section 525.110(h) by including language such as, but not limited to, "Privileged", "Confidential", "Attorney Correspondence", and "Legal Mail" and must be clearly marked with the name, title, and address of the sender.

b) Incoming privileged mail shall be opened in the presence of the individual in custody to whom it is addressed to inspect for contraband, to verify the identity of the sender, and to determine that nothing other than legal or official matter is enclosed.

c) Incoming privileged mail may contain communications only from the privileged correspondent whose name and address appear on the envelope. If non-privileged material or correspondence from a third party is found to be enclosed, such material shall be treated as non-privileged mail.

d) All incoming non-privileged mail must be clearly marked with the name and address of the sender.

e) All incoming non-privileged mail, including mail from clerks of courts, shall be opened and inspected for contraband.

f) Cashier's checks, money orders, and business checks subject to the restrictions imposed by 20 Ill. Adm. Code 205 shall be deposited in the individual in custody's trust fund account, with a record made of the sender's name, the amount received, and the date. For purposes of this Section, a business check shall mean a check written on any agency's or firm's account and any check written on an employer's personal account for wages due to a person assigned to a transition center. Individuals in custody shall be notified of all monies received and deposited in their trust fund accounts. However, any checks or money orders which exceed the limitation on the amounts (20 Ill. Adm. Code 205) shall be returned to the sender, and the individual in custody shall be notified.

g) Personal checks and cash shall be returned to the sender, and the sender shall be notified that funds cannot be received in that form.

h) Correctional officials may spot check and read incoming non-privileged mail. Incoming mail or portions thereof may be inspected, reproduced, or withheld from delivery for any of the reasons listed in Section 525.130(h) or in Subpart C.

i) When an individual in custody is prohibited from receiving a letter or portions thereof, or other incoming non-privileged mail, the individual in custody and the sender shall be notified in writing of the proposed rejection. Notification to the sender shall include the reasons for the proposed rejection and that the proposed rejection may be appealed, and an explanation of the appeal process. Appeals must be submitted no later than 21 days from the date of the notification. The Chief Administrative Officer or their designee shall make the final decision regarding the sender's appeal and send the final decision to the sender within 60 days of receiving the appeal. If the appeal is denied, the decision shall specify which criteria listed in 20 Ill. Adm. Code 525.130(h) the mail meets. An individual in custody may utilize the grievance procedures in accordance with 20 Ill. Adm. Code 504 Subpart F to address the proposed rejection.

j) If an individual in custody has been transferred or released, first class mail shall be forwarded to the person if the address is known. If no forwarding address is available, the mail shall be returned to the sender.

k) If an individual in custody has been absent from the facility on a furlough or pursuant to writ, the person's mail shall be held at the facility for a period of one month, unless the individual in custody has made a written request to the Chief Administrative Officer to have the mail forwarded to another address. At the conclusion of the month, first class mail shall be forwarded to the individual in custody's address, if known, or returned to the sender, unless alternative arrangements have been made.

l) Individuals in custody may receive publications, including books, periodicals and catalogs, in accordance with Subpart C, and may receive typewriters ordered directly from a supplier through the commissary. Other packages may be received only as approved by the Chief Administrative Officer. All packages shall be opened and searched prior to delivery.

m) Photographs received through the mail for an individual in custody will be delivered to the individual in custody directly and without digitization when they are delivered directly from a legitimate and verifiable business that prints and distributes photographs through the mail, are free of contraband, are unopened, and include the original watermark(s).

History

Source: Amended at 50 Ill. Reg. 1047, effective January 9, 2026

20 Ill. Adm. Code 525.145 Security Measures for Incoming Mail

a) The Department shall take affirmative security measures for incoming non- privileged mail to prevent the introduction of contraband through the mail system.

At a minimum, the Department shall implement incoming non-privileged mail procedures ensuring that any item entering the facility is inspected, screened, or otherwise processed in a manner that reduces the risk of dangerous contraband entering through the mail or other mail-related mediums.
Methods of reducing contraband risk include:

A) Implementing mail digitization by scanning incoming non-privileged mail to create an electronic or digitized version, that is then:

i) Digitally distributed to the individual in custody by uploading it to their electronic device; or

ii) Physically distributed to the individual in custody by printing a copy and delivering it to them.

B) Producing photocopies of incoming non-privileged mail and delivering only copies of the original.

Any contract agreement with a third-party vendor shall comply with all information security and data privacy policies stipulated by the State of Illinois Department of Innovation and Technology.
Neither the Department nor any vendor with whom the Department contracts for the purpose of collecting, scanning, storing, transmitting, and/or deleting the mail of an individual in custody shall knowingly collect biometric identifiers or information in connection with processed mail.
Neither the Department nor any vendor with whom the Department contracts for the purpose of collecting, scanning, storing, transmitting, and/or deleting the mail of an individual in custody, or any subcontractor of such a vendor, shall sell, trade or lease any data or metadata collected.
The Department shall print and physically deliver a copy of a piece of non-privileged mail to the individual in custody to whom it is addressed at no cost to the individual in custody when the piece of mail has not already been printed and physically delivered to the individual in custody and:

A) The individual in custody requests that the piece of mail is printed; or

B) The individual in custody cannot adequately access the piece of mail via the electronic device for reasons including disability or impairment, placement in restrictive housing, technological malfunction, or any other reason.

All scans, photocopies, prints, and other reproductions of mail intended for delivery to individuals in custody shall be clear, complete, and legible. Mail that is issued to an individual in custody in a form that is not clear, complete, and legible shall be promptly re-issued in a clear, complete, and legible form.

b) The Department shall take affirmative security measures for incoming privileged mail to prevent the introduction of contraband through the mail system.

Any security measure or protocol implemented by the Department shall preserve the privileged mail nature of the communication.
Security measures or protocols shall not include copying, scanning, imaging, or otherwise reproducing privileged mail in any form. All security measures and protocols for incoming privileged mail shall occur at the facility where the recipient is located. The Department shall not send incoming privileged mail to any offsite location for inspection, processing, or any other procedure.
Beginning July 1, 2026, the Department shall utilize a multi-factor authentication system that allows the Department to confirm the identity of the sender of a piece of privileged mail. If multi-factor authentication is unable to confirm the identity of the sender, the Department shall conduct further review to confirm the identity of the sender. Once the identity of the sender is confirmed, privileged mail shall be processed in accordance with Section 525.140.

A) The multi-factor authentication system shall not delay the delivery of privileged mail to individuals in custody.

B) For bulk legal mail sent to large volume of individuals in custody, the sender may contact the Department for a modified confirmation of identity through the multi-factor authentication system. The confirmation shall allow the sender to complete its bulk mailing without producing an individual authorization for each recipient. The Department shall provide the modified confirmation within one week of receiving the bulk mail request.

C) The Department shall not deny registration under the multi-factor authentication system to any individual, organization, or office that meets the definition of a legal or privileged mail sender in Section 525.110(i) or (k).

c) Exclusion. The Director may exclude incoming mail from the security measures required by this Section to promote the effective administration of the mail system.

The Director may exclude incoming mail from the security measures required by this Section when the item presents no material security risk, handling the original is operationally more efficient than the alternative, including when:

A) There is an unforeseen circumstance, such as a power failure, that impacts the Department's ability to timely process incoming mail;

B) The mail is sent through inter-office mail by the Department staff in the following roles:

i) Assistant Director, Chiefs, and Deputy Directors;

ii) Department attorneys;

iii) PREA Coordinator; or

iv) Americans with Disabilities Act coordinator;

C) The mail is part of a mass mailing; or

D) Delivery of the original is required for compliance with State or federal law.

This subsection (c) shall not be construed to permit the Director to indefinitely or arbitrarily suspend the security measures required by this Section.
No exclusions under this Section shall be utilized to show preferential treatment to one individual in custody.

History

Source: Added at 50 Ill. Reg. 1047, effective January 9, 2026

20 Ill. Adm. Code 525.146 Retention of Non-privileged Incoming Mail Subject to Mail Digitization or Photocopy

a) Original mail documents received through incoming mail shall be retained for no less than six months after the date the mail is scanned or photocopied. Original documents may be returned prior to the retention timeframe if requested by the individual in custody or sender.

b) Original mail documents subject to a grievance shall be retained until the grievance is resolved or the grievance process is fully exhausted.

History

Source: Added at 50 Ill. Reg. 1047, effective January 9, 2026

20 Ill. Adm. Code 525.150 Telephone Privileges

a) Telephone privileges shall be granted to individuals in custody in accordance with their institutional status and provisions of this Section.

b) Collect calls may be made to persons where billable.

c) Individuals in custody may not place telephone calls to:

Toll free area codes, including but not limited to 800 series area codes, or to area codes or prefixes for which a charge is assessed to the line from which the call was placed, including but not limited to 800 or 900 series area codes or 976 prefixes;
Emergency or directory assistance or to long distance carriers;
Persons or companies which have requested that a block be placed on their telephone numbers;
Numbers suspected of being used fraudulently or for fraudulent purposes;
Parolees, formerly incarcerated individuals, former employees, or current employees absent the approval of the Chief Administrative Officer; or
Numbers or persons restricted for other legitimate penological reasons, including security and order.

d) A block may be placed on telephone calls to:

The local community except to the individual in custody's friends, family, and others in the local community who request to receive calls from the individual in custody.
A telephone number for which there is a large unpaid balance on the account, with the exception of telephone numbers of attorneys and law firms.
Any telephone numbers listed in subsection (c).

e) Individuals in custody may not engage in call forwarding or in conference calls.

f) In the case of emergencies such as critical illness or death in an individual in custody's immediate family, consideration shall be given to allowing a special telephone call, regardless of the individual's institutional status. Immediate family shall include parent or guardian, children, brother, sister, grandparent, whether step, adopted, half, or whole, and spouse.

g) Individuals in custody who are the subject of a new criminal indictment, information, or complaint shall be permitted to make reasonable telephone calls to attorneys for the purpose of securing defense counsel, regardless of the individual's institutional status.

h) All individual in custody's telephone calls shall be subject to monitoring and recording at any time by departmental staff, unless prior special arrangements have been made to make or to receive confidential telephone calls to or from their attorneys.

i) Notices shall be posted at each telephone from which individuals in custody are normally permitted to place calls and in the individuals in custody's orientation manual. The notices shall state that individuals in custody's telephone calls may be monitored or recorded or both.

History

Source: Amended at 50 Ill. Reg. 1047, effective January 9, 2026

Chapter I Department of Corrections

Subchapter e Operations

Part 525 Rights and Privileges

20 Ill. Adm. Code 525.200 Applicability

This Subpart applies to all correctional facilities within the Department of Corrections.

History

Source: Amended at 27 Ill. Reg. 8039, effective July 1, 2003

20 Ill. Adm. Code 525.202 Definitions

"Assessment" means the initial screening and evaluation of a publication upon entering the facility.

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

"Department" means the Department of Corrections.

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

"Individual in Custody" means a person committed to the Department or to the custody of the Department.

"Publication" means any hard or soft-covered book, booklet, magazine, newsletter, newspaper, pamphlet, periodical, any electronic or digital publication, or similar materials. Publications shall not include individual or mass mailings of advertisements or letters.

"Publisher" means any publisher, book club, or bookstore, any other book, magazine, or newspaper distributor, a religious organization or ministry, an educational institution, or a unit of government conducting mail order business or otherwise delivering publications to readers.

"Review" means an examination of publications by the Facility Publication Review Officer (FPRO) or by the Central Publication Review Committee (CPRC) for compliance with Section 525.220.

"Sexually Explicit Material" means any publication that contains pictorial depictions of actual or simulated sexual acts, including intercourse, oral sex, or masturbation and any publication that by word or picture depicts or describes illegal activity of a sexual nature, sadomasochism, bestiality, or sexual activity involving children (whether actual or perceived) or any publication that depicts or describes any sexually explicit material that would otherwise be contrary to law. Publications that contain nudity without additional elements as provided above or publications that provide research or opinions, or news coverage on sexual assault, sexual health, reproductive issues, or are scientific in nature, shall not be considered sexually explicit.

"Statewide Publications Determination List" means a listing of publications for which the CPRC, as the designee for the Director, has made an official determination of approval, disapproval, or conditional approval. The Statewide Publications Determination List shall be the official list used by all facilities.

History

Source: Amended at 50 Ill. Reg. 1047, effective January 9, 2026

20 Ill. Adm. Code 525.205 Responsibilities

c) Facility Publication Review Officers.

The Chief Administrative Officer shall appoint at least two employees at the facility to serve as Facility Publication Review Officers.
Facility Publication Review Officers are responsible for reviewing publications received by individuals in custody.

d) Central Publication Review Committee.

The Director shall establish a Central Publication Review Committee consisting of at least four representatives, including one from the Operations Division and one from Program Services.
The Central Publication Review Committee, as the designee for the Director, shall make final determinations regarding the admissibility of publications received at facilities. The Committee shall also maintain an up-to-date Statewide Publications Determination List.

History

Source: Amended at 50 Ill. Reg. 1047, effective January 9, 2026

20 Ill. Adm. Code 525.210 General Guidelines

a) Each facility shall use the Statewide Publication Determination List and not maintain an individual list of publications.

b) Individuals in custody shall be informed of the procedures governing publications during orientation and this Subpart shall be available to individuals in custody.

c) Publications received for individuals in custody shall only enter facilities through the mailroom. This shall not prohibit publications already included in the personal property of an individual in custody from entering through transfers between Department facilities. This does not include publications received for programs under the Office of Adult Education and Vocational Services, other approved programs, the facility library, and religious programs.

d) Each individual in custody may receive, subscribe to, solicit free copies of, or buy copies of publications for delivery to the facility from a publisher in accordance with this Subpart.

e) Used publications, including publications that have sustained normal wear and tear, shall be permitted provided that they are free of contraband and do not violate the standards set forth in Section 525.220. Used publications shall be inspected for contraband prior to issuance to the individual in custody.

f) All publications shall be delivered promptly after necessary inspection for contraband. If it appears to violate the standards set forth in Section 525.220, the publication shall first be referred to the Facility Publication Review Officer for review and determination.

g) Publications determined to be unacceptable shall be disposed of as contraband in accordance with 20 Ill. Adm. Code 501: Subpart C.

History

Source: Amended at 50 Ill. Reg. 1047, effective January 9, 2026

20 Ill. Adm. Code 525.220 Standards for Publications

a) A publication may not be disapproved solely because its content is religious, philosophical, political, social, or sexual, or because the content is unpopular or repugnant.

b) Publications that meet one or more of the following criteria may be approved conditionally or disapproved if the publication:

Contains sexually explicit material;
Is written in code or facilitates communication between individuals in custody;
Depicts, describes, or encourages activities that may lead to the use of physical violence or group disruption, or it facilitates organizational activity without the approval of the Chief Administrative Officer;
Advocates or encourages violence, hatred, or group disruption, or it poses an intolerable risk of violence or disruption;
Encourages, instructs, or facilitates the commission of criminal activity; or
Is otherwise detrimental to safety, security, good order, rehabilitation, or discipline, or detrimental to mental health.

History

Source: Amended at 50 Ill. Reg. 1047, effective January 9, 2026

20 Ill. Adm. Code 525.230 Procedure for Assessment of Publications

a) Mailroom staff shall conduct an assessment of publications received by a facility. When necessary, the Assistant Warden of Programs, the Education Facility Administrator, the Chaplain, or Librarian shall provide further evaluation prior to action taken.

b) Staff members assessing publications that are listed as approved on the Statewide Publications Determination List and are free of contraband shall proceed as follows:

A publication shall be delivered to an individual in custody promptly when the publication is received from a publisher;
A publication received for a religious program shall be delivered to the staff responsible for the religious program;
A publication received for an educational, vocational, or other approved program shall be delivered to the staff responsible for the educational, vocational, or other approved program, or to the individual in custody if the program is a correspondence course or other approved program that is not run by on-site Department staff; or
A publication received for the facility library shall be entered into circulation.

c) Staff members assessing publications shall forward a publication to a Facility Publication Review Officer for review under 525.233 if the publication:

Does not appear on the Statewide Publications Determinations List;
Is listed on the Statewide Publications Determinations List as disapproved or approved conditionally; or
Violates the standards in Section 525.220.

History

Source: Amended at 50 Ill. Reg. 1047, effective January 9, 2026

20 Ill. Adm. Code 525.233 Procedures for Review of Publications

a) The Facility Publication Review Officer, upon receiving a publication for an individual in custody to review from mailroom staff, shall:

Notify an individual in custody when a publication received in the mailroom, addressed to the individual, is listed as disapproved or approved conditionally on the Statewide Publications Determination List, or has been found to contain contraband. If the publication contains contraband, it shall be disposed of in accordance with 20 Ill. Adm. Code 501, Subpart C. If the publication is listed as approved conditionally, the Facility Publication Review Officer shall advise the individual in custody that failure to authorize the removal of the unauthorized portion of the publication shall result in the entire publication being disposed of. If the publication is listed as disapproved or approved conditionally, the Facility Publication Review Officer shall request that the individual in custody indicate whether the publication or portion of violation should be disposed of or should be mailed to an address of the individual in custody's choice at the expense of the individual in custody. Disposal or removal of the portion in violation shall not occur prior to the objection filing deadline described in Section 525.233(c)(4) or to the conclusion of procedures described under Section 525.233(c)(4), whichever is later. The individual in custody may file a grievance regarding a decision of the Central Publication Review Committee in accordance with 20 Ill. Adm. Code 504, Subpart F.
Forward the publication to the Central Publication Review Committee if the publication was received directly from the publisher and previous notification of disapproval or conditional approval has not been provided to the publisher. The Central Publication Review Committee shall notify the publisher.
Review the publication in its entirety if it is not listed on the Statewide Publications Determination List and the content appears to violate the standards set forth in Section 525.220.

A) If the publication does not violate the standards in Section 525.220, it shall be forwarded to the individual in custody. The Facility Publication Review Officer shall provide the title of the publication to the Central Publication Review Committee.

B) If the publication appears to violate the standards in Section 525.220, the Facility Publication Review Officer shall forward it to the Chief Administrative Officer to review.

C) Upon receipt of a publication received for or on behalf of a program or library, the Facility Publication Review Officer shall:

i) Immediately forward the publication to the program coordinator or librarian to be integrated into the applicable program or library circulation if the publication does not violate the standards in Section 525.220.

ii) Forward the publication to the Chief Administrative Officer to review.

b) The Chief Administrative Officer shall review a publication from the Facility Publication Review Officer in its entirety.

If the Chief Administrative Officer finds that the content appears to violate the standards in Section 525.220, the Chief Administrative Officer shall forward the publication to the Central Publication Review Committee for final review and determination.
If the Chief Administrative Officer finds that the content does not violate the standards in Section 525.220, the publication shall be forwarded to the individual in custody, program coordinator, or librarian.

c) Following receipt of publication from the Chief Administrative Officer, the Central Publication Review Committee shall notify the Facility Publication Review Officer, individual in custody, publisher, and program staff (as applicable), with written explanation that includes a specific rationale, that the Committee has:

Entered the publication on the Statewide Publications Determinations List as approved if the publication does not violate the standards in Section 525.220.
Entered the publication on the Statewide Publications Determinations List as disapproved if the publication clearly violates the standards for approval.
Entered a determination on the Statewide Publications Determinations List that the publication is conditionally approved as a portion of the publication clearly violates the standards for approval.
Upon receiving notice from the Central Publication Review Committee under Section 525.233(a)(2), the publisher may file an objection and submit a written supportive statement or other documentation within 35 days of the notice date. If an objection is filed, then the Chief of Operations and Chief of Programs shall review the objection. A written determination shall be provided to the publisher within 60 days of the Department's receipt of the objection.

d) The Facility Publication Review Officer shall notify the individual in custody or program coordinator of the Central Publication Review Committee's decision, as applicable.

History

Source: Added at 50 Ill. Reg. 1047, effective January 9, 2026

Chapter I Department of Corrections

Subchapter e Operations

Part 525 Rights and Privileges

20 Ill. Adm. Code 525.300 Applicability

This Subpart applies to all correctional facilities within the Department of Corrections.

History

Source: Amended at 27 Ill. Reg. 8039, effective July 1, 2003

20 Ill. Adm. Code 525.302 Definitions

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

"Department" means the Department of Corrections.

"Director" means the Director of the Department.

"Offender" means a person committed to the Department or to the custody of the Department.

History

Source: Amended at 27 Ill. Reg. 8039, effective July 1, 2003

20 Ill. Adm. Code 525.305 Responsibilities

History

Source: Amended at 20 Ill. Reg. 15960, effective January 1, 1997

20 Ill. Adm. Code 525.310 Request for Permission to Marry

a) Marriage between two offenders confined in Department facilities shall be prohibited.

b) An offender who wishes to become married shall submit a written request to the Chief Administrative Officer a minimum of 30 days in advance of the date requested for the marriage ceremony.

The notice shall include the name and address of the intended spouse and a description of any actions which have been taken in obtaining a marriage license and in complying with applicable provisions of the law.
All financial obligations shall be the responsibility of the offended or the intended spouse.
A request for a transition center leave may be submitted at the same time as the request to marry. The request shall be reviewed in accordance with 20 Ill. Adm. Code 530: Subpart D.

c) The facility chaplain or an individual designated by the Chief Administrative Officer shall conduct a pre-marital counseling session with the offender or the intended spouse or both.

d) The Chief Administrative Officer shall review the request to marry and shall approve or deny the request based on security concerns, the best interest of the offender, or other legitimate penological interests. The Chief Administrative Officer's decision regarding the request to marry and, if applicable, the leave request, shall be made in writing. Acopy of the written decision shall be provided to the offender.

e) Except as provided in Section 525.310(f), the facility shall make its chapel or another suitable location available for the performance of the approved marriage ceremony.

The facility's chaplain shall review the type of ceremony that is requested and refer a description of the proposed ceremony to the Chief Administrative Officer for approval.
Witnesses and guests shall not exceed 6 in number, excluding the officiating clergyman. Witnesses and guests must be on the offender's approved visiting list, except as otherwise approved by the Chief Administrative Officer.
Facilities for the consummation of marriages or for a reception shall not be provided.

f) The marriage ceremony and reception, if any, of an offender housed at a transition center shall be at the offender's or intended spouse's expense and at a suitable location in the free community as approved by the Chief Administrative Officer.

History

Source: Amended at 27 Ill. Reg. 8039, effective July 1, 2003

Chapter I Department of Corrections

Subchapter e Operations

Part 530 Authorized Absences

20 Ill. Adm. Code 530.10 Applicability

This Subpart applies to the Adult Division.

20 Ill. Adm. Code 530.20 Authorization of Furloughs

The Chief Administrative Officer or his designee may authorize furloughs for selected committed persons for designated periods of time and purposes in accordance with State law. However, committed persons confined in Department facilities for psychiatric treatment shall only be eligible for escorted medical, critical illness or funeral furloughs.

20 Ill. Adm. Code 530.30 Critical Illness or Funeral Furloughs

a) Verification of critical illness or death shall be obtained prior to authorization of the furlough.

b) The committed person may be allowed to visit the funeral home or attend a graveside ceremony only during daylight hours. Arrangements may be made for private viewing when the committed person is determined to be a high security risk.

c) All critical illness or funeral furloughs shall be escorted furloughs. The cost of the employee's time and transportation and the committed person's expenses shall be paid to the facility by the committed person or a designated party outside the facility, whenever possible.

20 Ill. Adm. Code 530.40 Medical Furloughs

a) A medical furlough shall be granted as recommended by a Department physician or the Department's Medical Director and approved by the Chief Administrative Officer.

b) Continuous supervision shall be required by a correctional facility employee except in cases where the committed person is classified as minimum security without supervision.

20 Ill. Adm. Code 530.50 Furloughs to Seek Employment or Secure Housing

a) A committed person who is within 30 days of his mandatory release date or has been granted a parole may be granted a furlough to seek employment and to secure suitable housing.

b) In determining whether or not to authorize a furlough, the Chief Administrative Officer shall consider, among other matters:

Criminal history;
Record of social stability while in the community;
Disciplinary record and institutional adjustment;
Previous actions by the Prisoner Review Board;
Evidence of alcoholism or drug addiction;
Educational, program and vocational accomplishments and future goals;
History of escapes, unauthorized absences, outstanding warrants or detainers;
Availability of staff; and
Any other pertinent information.

c) Committed persons who are serving a sentence for murder, Class X or Class 1 felony or who have been adjudged a habitual offender or who have been determined to be involved in large-scale organized crime shall be granted furloughs only upon the approval of the Chief Administrative Officer and the Director or his designee.

d) Committed persons shall be escorted by an institutional employee unless classified as minimum security without supervision.

e) Employment and housing furloughs shall not exceed time parameters as outlined in a prior written schedule for the specific activity.

f) Prior to the furlough, the committed person and his counselor shall establish a written plan outlining a specific schedule and action to be taken in seeking employment or securing housing.

20 Ill. Adm. Code 530.60 Furloughs for Home and Family Visitation

a) A committed person who is within six months of his parole eligibility or release date may be granted a furlough to make home and family visits. If parole is denied, the committed person shall not be eligible for a furlough until he is within six months of his next hearing date before the Prisoner Review Board.

b) Provisions of Paragraphs (b) and (c) of Section 530.50 shall also apply to home and family furloughs.

c) The home and family furlough shall not exceed three days, excluding travel time.

d) Prior to the furlough, the committed person and his counselor shall establish a written plan outlining a specific schedule and activities during the visit.

e) Committed persons who receive approval for a home and family furlough must designate an escort who shall be required to sign a statement accepting responsibility for the committed person while on furlough. Approval of the escort shall be based upon an interview conducted by a Department employee. No person other than the approved escort will be allowed to pick up the committed person without the approval of the Chief Administrative Officer.

20 Ill. Adm. Code 530.100 Applicability

This Subpart applies to the Adult Division.

20 Ill. Adm. Code 530.110 Granting of Day Release

The Chief Administrative Officer or his designee may grant approval for selected committed persons to leave their places of confinement for purposes of work, attending educational or vocational programs, medical treatment or other purposes directly related to departmental programs.

20 Ill. Adm. Code 530.120 Eligibility for Day Release

a) Requests to participate in day release programs shall be submitted to the committed person's counselor, who shall refer the request and his recommendation to the Assignment Committee.

b) In determining the eligibility of a committed person for day release, the Assignment Committee shall consider, among other matters, the following:

Criminal history;
Record of social stability while in the community;
Disciplinary record and institutional adjustment;
Previous actions by the Prisoner Review Board;
Evidence of alcoholism or drug addiction;
Educational, program and vocational accomplishments and future goals;
History of escapes, unauthorized absences, outstanding warrants or detainers;
Availability of staff; and
Any other pertinent information.

c) The Assignment Committee shall submit a recommendation to the Chief Administrative Officer who shall approve or deny the request.

d) Committed persons who are serving a sentence for murder, Class X or Class 1 felony, armed violence, forcible detention, aggravated incest, arson, incest, or committed persons who have been adjudged habitual criminals or who have been determined to have been involved in large-scale organized crime shall be eligible for participation in day release programs only upon the approval of the Chief Administrative Officer and the Director or his designee.

20 Ill. Adm. Code 530.130 Limitations of Day Release

a) Prior to day release, the committed person and his counselor shall establish a written schedule of activities during time away from the facility.

b) Day release shall be limited only to the time which is necessary for the committed person to complete his work, attend class or obtain required treatment.

c) Day release shall not exceed a 24 hour period at any one time.

d) Committed persons permitted to participate in day release programs shall be escorted by appropriate Department personnel at all times.

e) The committed person should be in "A" grade.

20 Ill. Adm. Code 530.200 Applicability

This Subpart applies to the Community Services Division.

20 Ill. Adm. Code 530.210 Granting of Independent Release Time

The Chief Administrative Officer or his designee may grant approval for a maximum of six hours of independent release time per week for a committed person to participate in unescorted approved community activities in accordance with the level system (20 Ill. Adm. Code 455). The time increment per activity shall be determined by the committed person's correctional counselor but may not generally be less than two hours per activity.

20 Ill. Adm. Code 530.220 Restrictions

a) Committed persons shall not be approved for independent release time to visit establishments or engage in activities whose primary purpose is to serve or sell alcoholic beverages.

b) When there is documented evidence of prior alcoholic abuse, total abstinence from alcoholic beverages while on independent release time shall be a condition of the committed person's individual program contract.

20 Ill. Adm. Code 530.300 Applicability

This Subpart applies to the Community Services Division.

20 Ill. Adm. Code 530.310 Definition

"Relative" means a spouse, child, parent, grandparent, brother, sister or primary parental figure. This includes step, adopted and foster relatives.

20 Ill. Adm. Code 530.320 Leave Criteria

a) A committed person who has been promoted to Level III or above may apply for a leave in accordance with 20 Ill. Adm. Code 455. Leaves of three days or less may be granted to:

Visit family members or others at home, to visit critically ill relatives or to attend a relative's funeral.
Obtain medical, psychiatric or psychological services.
Appear before educational panels, study groups or other groups regarding crime or criminality.

b) A committed person who has been promoted to Level IV, who is within sixty days of his mandatory supervised release or parole eligibility date and who is free of any disciplinary restriction may apply for an extended home and family leave of up to 14 days.

c) An application for a home and family leave shall be submitted to the committed person's correctional counselor at least 15 days prior to the proposed leave date.

d) All leave expenses are the sole responsibility of the committed person.

e) A committed person's employment and/or school attendance shall not be disrupted by a leave without prior approval by the correctional counselor and the Chief Administrative Officer.

f) Leaves are subject to the approval of the Chief Administrative Officer. A leave to an area outside of the State of Illinois shall be subject to the approval of the Director or his designee.

20 Ill. Adm. Code 530.330 Verification of Leave Activity

Verification of critical illness, death, medical or psychiatric recommendations for in or out-patient care, meetings of educational or other groups or of any other activity for which leave is sought shall be obtained prior to authorization of the leave.

20 Ill. Adm. Code 530.340 Host Acceptance

The designated host shall be provided with a copy of the leave agreement and be requested to verify in writing his acceptance as host for the committed person's leave(s). No leave shall be granted in the absence of a written acceptance by the host.

Part 535 Personal Property

20 Ill. Adm. Code 535.10 Applicability

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

History

Source: Amended at 14 Ill. Reg. 6765, effective May 1, 1990

20 Ill. Adm. Code 535.12 Definitions

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

"Department" means the Department of Corrections.

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

"Post/posted" means any means of making information available to committed persons including, but not limited to, notices, handbooks, and bulletins.

History

Source: Added at 14 Ill. Reg. 6765, effective May 1, 1990

20 Ill. Adm. Code 535.15 Responsibilities

History

Source: Added at 14 Ill. Reg. 6765, effective May 1, 1990

20 Ill. Adm. Code 535.17 Personal Property

Committed persons may only acquire personal property in accordance with provisions of this Part, 20 Ill. Adm. Code 525, or posted rules established by the Chief Administrative Officer where the committed person is assigned.

History

Source: Added at 14 Ill. Reg. 6765, effective May 1, 1990

20 Ill. Adm. Code 535.20 Permit

The Chief Administrative Officer of the assigned facility may require committed persons to obtain a permit for certain personal property items. Permit requirements shall be posted.

History

Source: Amended at 14 Ill. Reg. 6765, effective May 1, 1990

20 Ill. Adm. Code 535.30 Audio-Visual Equipment

a) Each facility shall develop and post a list of authorized audio-visual equipment each committed person assigned to the general population may be permitted to retain. Detachable speakers shall not be permitted except at community correctional centers as approved by the Chief Administrative Officer.

b) Use of headphones or earplugs shall be at the discretion of the Chief Administrative Officer.

c) Misuse or abuse of audio-visual equipment may result in the temporary or permanent confiscation of these items in accordance with the provisions of 20 Ill. Adm. Code 504.

d) Limitations of the use of audio-visual equipment may be imposed on committed persons if the usage is disruptive to others.

e) Committed persons may not possess recording devices as personal property except at community correctional centers, but may use them when required in academic or vocational programs where such use is approved by the facility and in such place and manner as is approved by the facility.

f) A committed person placed in segregation shall be denied the privilege of possessing all audio-visual equipment until he is released from segregation or has his privileges restored in accordance with 20 Ill. Adm. Code 504. His items will be returned when he signs a receipt for them.

g) Any committed person in segregation for more than 60 consecutive days on the same rule infraction may submit a written request to the Chief Administrative Officer for restoration of his audio-visual privileges. The request shall be considered only if the individual has had no disciplinary infractions in the 60- day period prior to the submission of his request.

h) Any committed person in segregation who has had audio-visual privileges restored may lose them again for a subsequent disciplinary infraction.

i) Any adult committed person who is placed in confinement pending investigation or disposition of a disciplinary infraction or who is confined for non-disciplinary reasons shall be allowed the same audio-visual privileges he had prior to being placed on such status.

j) When audio-visual equipment is confiscated or returned, an audio visual equipment inventory form shall be given to the owner and a copy placed in his master record file. If the committed person does not have the proper permit, disciplinary action may be taken.

History

Source: Amended at 14 Ill. Reg. 6765, effective May 1, 1990

20 Ill. Adm. Code 535.40 Reading Material

a) Each facility shall develop and post a list of the amount of reading material each committed person may be permitted to possess at any one time.

b) The quantity of other reading materials may be limited by the Chief Administrative Officer consistent with reasonable safety and security concerns which may include, among other matters, impairment of visual observation or search of the living area.

History

Source: Amended at 14 Ill. Reg. 6765, effective May 1, 1990

20 Ill. Adm. Code 535.50 Commissary Items and Outside Vendor Purchase

All personal property purchases shall be made through the commissary, where possible. Outside vendor purchases shall be approved by and made through the facility, and such purchases shall be limited to items which are not available through the commissary. No outside vendor purchases shall be allowed for the same or similar items available in the commissary without the approval of the Chief Administrative Officer. The quantity of such items which a committed person may retain shall be limited by the Chief Administrative Officer and shall be posted.

History

Source: Amended at 14 Ill. Reg. 6765, effective May 1, 1990

20 Ill. Adm. Code 535.60 Jewelry

A committed person may possess jewelry and shall be required to sign a statement of responsibility for such jewelry. Limits on the amount, nature or value of jewelry shall be set by the Chief Administrative Officer and shall be posted.

History

Source: Amended at 14 Ill. Reg. 6765, effective May 1, 1990

20 Ill. Adm. Code 535.70 Clothing and Other Property

The quantity of clothing and other property may be limited by the Chief Administrative Officer consistent with reasonable safety and security concerns which may include, among other matters, impairment of visual observation or search of the living area. Institutional policies regarding clothing and other property shall be posted.

History

Source: Amended at 14 Ill. Reg. 6765, effective May 1, 1990

20 Ill. Adm. Code 535.80 Procedure for New Admissions

a) All sheriffs shall be supplied with a list of approved personal property items. Only the approved items will be accepted by the Department upon admission of the committed person.

Non-approved items shall be receipted and returned to the sheriff prior to his departure from the facility, when possible; or
The committed person shall be requested to authorize the disposition of any unapproved property, in writing, in accordance with 20 Ill. Adm. Code 501.230.

b) An inventory shall be conducted in the presence of the committed person. The committed person shall be given a copy of the inventory record and a copy shall be placed in the committed person's master record file.

c) The Chief Administrative Officer shall determine what personal property shall be marked to denote ownership.

History

Source: Amended at 14 Ill. Reg. 6765, effective May 1, 1990

20 Ill. Adm. Code 535.90 Procedure for Institutional Transfers

a) Intra-institutional Transfer

When a committed person's assignment to a cell, room, or dormitory is changed, the individual shall generally be responsible for identifying all personal property and packing it in the containers provided. Unless the committed person is in a single cell or room, the packing shall be done in the presence of an employee.
If the committed person's behavior is threatening, violent, or dangerous, the transferring officer shall cause the committed person's personal property to be packed and inventoried in the presence of a witness.

A) Property of adults which is allowed in the segregation or confinement area shall be forwarded to the individual in the segregation unit or other living area in which the individual is confined, whenever possible, prior to the end of the shift on which the transfer was made.

B) Property of juveniles and adult property that is not allowed in the segregation or confinement area shall be secured until such time as the committed person is released from confinement.

C) The inventory form shall be signed by the packing officer and the witness. A copy of the inventory form shall be placed in the personal property container, and the container shall be sealed before being transported to the new location. A copy of the inventory shall be given to the committed person; a copy shall be placed in the committed person's master record file; and a copy shall be maintained by the facility in the personal property files.

b) Inter-institutional Transfers

It is the responsibility of the sending facility to inform the committed person of personal property items which are not approved at the receiving facility.
Prior to transfer, the committed person shall pack items acceptable to the receiving facility in approved containers and non-approved items in another container, taking an inventory of the items in each. Inventory and packing shall be made in the presence of an employee. Upon completion, a copy of the inventory record for approved property shall be placed in the approved container and the container shall be sealed.
Non-approved items shall be disposed of in accordance with the procedures established in 20 Ill. Adm. Code 501.230 prior to the transfer, whenever possible.
A copy of the inventory record for approved property shall be given to the committed person; a copy shall be placed in the committed person's master record file; and a copy shall be retained by the sending facility in the personal property files.
At the time of repossession, the sealed container shall be opened in the presence of an employee, and the contents listed on the committed person's inventory record shall be checked against the one sealed in the box. Any discrepancies shall be noted, and the employee and committed person shall sign the inventory form. A copy of the inventory shall be maintained by the receiving facility in the personal property files and in the committed person's master record file.

History

Source: Amended at 14 Ill. Reg. 6765, effective May 1, 1990

20 Ill. Adm. Code 535.100 Procedure for Temporary Absence

If a temporary absence is expected to be one day or less, the committed person's personal property need not be inventoried and packed, unless the committed person so requests. The following procedures shall be implemented when the committed person so requests, the absence is expected to exceed one day, or it becomes known that the absence will exceed one day.

a) Before a temporary absence of more than one day or when the committed person requests, the committed person shall, in the presence of an employee, inventory and pack personal property in the containers provided.

A copy of the inventory shall be placed in the container, and the container shall be sealed.
A copy of the inventory form shall be given to the committed person; a copy shall be filed in the committed person's master record file; and a copy shall be maintained by the facility in the personal property files.

b) In an emergency or when it becomes known that an anticipated absence will exceed one day, it shall be the responsibility of the shift commander to ensure that, before the end of the shift, an accurate inventory, preferably with a witness, is made of the committed person's personal property; that it is packed in an approved container and sealed with a copy of the inventory enclosed; and that it is stored in a designated secure area.

The shift commander or designee, the person making the inventory and packing the personal property, and the witness, if any, shall sign the inventory form.
A copy of the inventory form shall be placed in the committed person's master record file; a copy shall be forwarded to the committed person; and a copy shall be maintained by the facility in the personal property files.

c) At the time of repossession, the sealed container must be opened in the presence of an employee, and the contents listed on the committed person's inventory slip checked against the one sealed in the box. Any discrepancies shall be noted, and the employee and committed person shall sign the inventory report. A copy of the inventory shall be maintained by the facility in the personal property files and in the committed person's master record file.

d) For purposes of this Section, personal property of a single-celled committed person may be locked in the cell rather than placed in a container. All other provisions of this Section shall apply.

History

Source: Amended at 14 Ill. Reg. 6765, effective May 1, 1990

20 Ill. Adm. Code 535.110 Procedure for Parole or Discharge

a) Prior to release on parole or discharge, it is the committed person's responsibility to pack personal property in containers provided and transport them to a designated storage area, under the supervision of a correctional employee.

b) Personal property sent out prior to the release date must be inventoried; the inventory form must be signed by the witnessing correctional employee and the committed person; and the personal property must be sealed in the container provided, with a copy of the inventory enclosed. A copy of the inventory shall be given to the committed person and a copy shall be placed in the committed person's master record file and a copy shall be retained in the facility's personal property files.

c) Personal property given to a third party for transport must be receipted by the person receiving it and a copy shall be placed in the committed person's master record file and a copy shall be maintained in the facility's personal property files.

History

Source: Amended at 14 Ill. Reg. 6765, effective May 1, 1990

20 Ill. Adm. Code 535.120 Disposal of Personal Property Items

a) Committed persons shall not give, loan, sell or trade personal property items to other committed persons, except where authorized by this Part.

b) The ownership of an allowable property item may not be transferred from one committed person to another while the owner is assigned to a correctional facility.

c) When a committed person wishes to dispose of an allowable property item by sending it out of the facility, selling it, donating it, giving it to a relative or guardian with approval by the Chief Administrative Officer, or authorizing its destruction, a signed record shall be filed in the committed person's master record file and a copy of the record shall be maintained by the facility in the personal property files.

History

Source: Amended at 14 Ill. Reg. 6765, effective May 1, 1990

20 Ill. Adm. Code 535.130 Security of Personal Property

a) Committed persons shall be responsible for their personal property which is in their possession or under their control, i.e., on their person or in their cell, living area or work area.

b) Committed persons shall be responsible for maintaining a copy of inventories, permits and/or receipts issued for their personal property.

c) Committed persons' personal property shall be deemed abandoned in the event of an unauthorized absence such as an escape, runaway, attempted escape or runaway, or failure to return to the facility.

d) The Department shall not be responsible for loss of abandoned property or for any items for which the committed person does not have an inventory record, a permit and/or receipt, or which would have been subject to an inventory but does not appear itemized on the inventory.

History

Source: Added at 14 Ill. Reg. 6765, effective May 1, 1990

20 Ill. Adm. Code 535.140 Unclaimed Personal Property

Money or personal property held for a committed person who has separated from the Department by death, discharge, or unauthorized absence and which has not been claimed by the committed person or his legal representative may be disposed of as follows:

a) Unclaimed money held for a period of one year may be transferred to the Inmate Benefit Fund and be expended for the special benefit of committed persons.

b) Unclaimed clothes held for 30 days may be used or disposed of as determined appropriate by the Chief Administrative Officer.

c) Other unclaimed personal property held for a period of one year may be used for the benefit of committed persons as determined appropriate by the Chief Administrative Officer.

History

Source: Added at 14 Ill. Reg. 6765, effective May 1, 1990

Part 540 Out-of-State Employment

20 Ill. Adm. Code 540.10 Applicability

This Part applies to the Community Services Division.

20 Ill. Adm. Code 540.20 Procedures

a) Committed persons assigned to community correctional centers may be employed in regions designated by the Community Services Division in states adjacent to Illinois.

b) Committed persons who wish to accept approved out-of-state employment must sign a Waiver of Extradition.

Subchapter f County Standards

Part 701 County Jail Standards

20 Ill. Adm. Code 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.

History

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

20 Ill. Adm. Code 701.10 Administration

a) Staff Training

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.
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.
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.
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.
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.

History

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

20 Ill. Adm. Code 701.20 Personnel

a) Jail Officer Staffing

Each jail must have sufficient personnel to provide adequate 24-hour supervision of detainees.
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.
No person shall be confined without an officer, awake and alert at all times, on continuous duty in the jail.
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.
Supervision shall be provided by a person of the same gender, when feasible, during periods of personal hygiene activities such as showers and toileting.
The use of necessary force by a jail officer of a gender other than that of a detainee is permitted.

b) Personnel Rules

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

History

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

20 Ill. Adm. Code 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

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.

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

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.
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.

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.

History

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

20 Ill. Adm. Code 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

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.
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

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.
Strip searches shall be conducted by a person of the same gender.
All personal clothing shall be carefully searched for contraband.
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

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.
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.
Medication shall be processed in accordance with subsection (j).
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.
Personal property released to a third party must have the detainee's authorizing signature and a signature of the receiving individual.

h) Telephone Calls

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.
The expense for making a telephone call, if any, shall be borne by the detainee or the individual called.
The date and time of telephone calls made during the admission process shall be documented.

i) Physical and Mental Health Assessments

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.

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.
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

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.
Medications shall be administered as prescribed.

k) Booking and Personal Record Information

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].
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

The detainee shall be assigned to suitable quarters.
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

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.

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

History

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

20 Ill. Adm. Code 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:

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.
Rules of conduct.
Disciplinary procedures.
Information regarding work, educational and vocational training programs, counseling and all social services.
Procedures for making requests or entering complaints to the jail staff, judiciary or Unit personnel.

History

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

20 Ill. Adm. Code 701.60 Release Procedures

a) Identification

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

Items shall be carefully inventoried, or otherwise accounted for, with the releasing officer and the detainee signing the inventory form.
A record of any maintenance medication, including the amount, released with an offender shall be documented.
A copy of the itemized and signed receipt shall be maintained by the jail as a permanent record.
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

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.
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:

The sentence imposed.
Any findings of great bodily harm made by the court.
Any statement by the court on the basis for imposing the sentence.
Any presentence reports.
Any sex offender evaluations.
Any substance abuse treatment eligibility screening and assessment of the detainee by an agent designated by the State to provide assessments for Illinois courts.
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.
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.
Any medical or mental health records or summaries.
Any victim impact statements.
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.
All additional matters that the court directs the clerk to transmit.
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.

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.

History

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

20 Ill. Adm. Code 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:

Gender.
Age.
Offense.
Status; that is, pretrial, awaiting sentence or sentenced.
Past criminal history, including known prior institutional history.
Probation or parole status.
Medical condition, including pregnancy, and treatment needs.
Mental and emotional condition and needs.
History of substance abuse.
Sexual orientation, transgenderism and gender non-conformity.
Academic and vocational needs.
Special services and program needs.
Detainee's attitudes regarding him or herself and his or her future.
Gang activity.
Physical size and stature.

b) Separation by Category

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.

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.

Witnesses

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

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.

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.

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.

History

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

20 Ill. Adm. Code 701.80 Housing

a) Cell and Detention Room Space

At least 50 square feet of floor space shall be provided in each cell, with a minimum ceiling height of eight feet.
At least 64 square feet of floor space shall be provided for each detention room with a minimum ceiling height of eight feet.
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:

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.
A washbasin with piped hot and cold water.
A prison type toilet.
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

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.
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

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

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.
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.
A prison type toilet for every eight occupants.
A shower with piped hot and cold water for every eight occupants.
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.
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.

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.
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

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.
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

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

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

History

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

20 Ill. Adm. Code 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:

Collection and diagnosis of complaints.
Treatment of ailments.
Prescription of medications and special diets.
Arrangements for hospitalization.
Liaison with community medical facilities and resources.
Environmental health inspections.
Supervision of special treatment programs, such as alcohol and drug dependency.
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.
Maintenance and confidentiality of accurate medical and mental health records.
Maintenance of detailed records of medical supplies, particularly of narcotics, barbiturates, amphetamines and other dangerous drugs.

b) Physician, Mental Health and Dental Services

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.

General medical physician services may be provided by:

A) Staff physicians;

B) Contractual services; or

C) A nearby hospital.

c) Admission Examination

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

A schedule shall be established for daily sick call.
The names of those detainees reporting to sick call shall be recorded in the medical log.
Detainees with emergency complaints shall receive attention as quickly as possible, regardless of the sick call schedule.
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

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.
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.
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.
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.

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.
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.

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.
Air returns shall be permanently sealed.
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.

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

History

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

20 Ill. Adm. Code 701.100 Clothing, Personal Hygiene, Grooming

a) Cleanliness

Mechanical washing and drying equipment and cleaning agents must be provided when detainees are required to supply and wear personal clothing.
When clothing is provided by the jail, clean clothing shall be issued at least twice weekly.

b) Grooming and Personal Hygiene

Detainees without funds shall be provided necessary equipment and articles to maintain proper grooming and hygiene, when requested by the detainee.
Bathing or showering shall be allowed three times weekly, except as amended by medical advice in individual cases.
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.

Barber and beautician services shall be made accessible but must not violate required security measures.
Female detainees shall be provided articles for feminine hygiene.

History

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

20 Ill. Adm. Code 701.110 Food Services

a) Meal and Food Service

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.
Food quantity must be sufficient to satisfy, within reason, the detainee's needs.
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.
A beverage other than water shall be served with each meal.
Of the three meals provided for each 24 hours of detention, one shall be a balanced and complete hot meal.
Special diets shall be adhered to when prescribed by jail medical staff.
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.

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.
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

Menus shall be preplanned and copies of the menu served shall be maintained for a period of three months.
The menu shall be diversified so as to avoid the monotony of a standardized diet.

c) Food Preparation and Service

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).
Detainees shall be screened by medical staff prior to commencing work in food services areas.
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.
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.
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.
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.
Food and drink, while being stored, prepared, displayed, served or transported, shall be protected from contamination by insects or foreign substances.
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.
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.
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.
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.

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.
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.

History

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

20 Ill. Adm. Code 701.120 Sanitation

a) General Requirements

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.
Windows shall be clean.
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.
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.
Walls shall be kept clear of etched or inscribed graffiti or writing.
Walkways and corridors shall be free of trash and debris.
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.
All detainee cleaning details shall be under the supervision of a jail officer.

b) Facility Equipment

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

An adequate supply of clean clothing, bedding, towels, soap and cleaning supplies shall be maintained.
Sheets, pillowcases and mattress covers shall be changed and washed at least once a week.
Vinyl covered mattresses must be washed with hot water, detergent and disinfectant monthly or before reissue.
Blankets shall be laundered, or otherwise sterilized, monthly or before reissue.
Cotton or fiber filled mattresses or pads shall be aired and spray sanitized monthly or before reissue.
A clean towel shall be issued each detainee at least twice weekly.
Shaving and barber tools shall be thoroughly cleaned, disinfected using bleach or a germicidal agent, and secured.

e) Facility Food Service

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.
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.
Utensils shall be stored in a clean, dry place protected (covered or inverted) from flies, dust, overhead leakage and condensation.
There shall be adequate plumbing facilities, in good working order, that meet applicable State plumbing codes or public health standards.
The range cooking surface shall be scraped daily. Hoods, vents and filters shall be cleaned regularly.
All windows, walls and woodwork shall be kept clean.

f) Body Pests

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

History

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

20 Ill. Adm. Code 701.130 Supervision

a) Shift Coverage

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.

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

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

History

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

20 Ill. Adm. Code 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.

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.
All cell block doors and all doors opening into a corridor shall be kept locked, except when necessary to permit entry or exit.
In cell block designs that include safety vestibules, two doors into the cell block shall not be unlocked and opened at the same time.
Unoccupied cells, detention rooms and storage rooms shall be kept locked at all times.
Backup personnel shall be notified and available when cell doors to living quarters are opened.
Glass or unattached metal items shall not be permitted in the detention area.
Trustees shall be carefully supervised and not be permitted unrestricted movement.
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.
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.
A documented inventory of all keys available to jail officers shall be made at the beginning of each shift.
Random, unannounced, irregularly scheduled shakedowns of detainees and jail and detention areas shall be made to detect the presence of weapons and other contraband.
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

All tools and equipment shall be inventoried and securely stored.
The jail shall have a method of accounting for all tools and equipment issued, received and returned to secure storage.
After use, tools and equipment shall be accounted for by the jail officer responsible and secured in the proper storage place.
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

A record of all keys inventoried and issued shall be maintained.
Jail keys must be stored in a secure key locker when not in use.
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.
Detainees, including trustees, shall not be permitted to handle, use or possess jail keys of any type.

i) Firearms and Other Weapons

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

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.
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

An emergency electrical power source shall be available in the event of a power failure.
Emergency flashlights must have a six hour illumination capability.

History

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

20 Ill. Adm. Code 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

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.
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.
Extinguishers shall be examined not less than once each year and shall be tagged with the date of inspection and initials of the inspector.
All jail personnel shall be familiar with the characteristics and operation of all types of extinguishers in the facility.
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

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.
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.

History

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

20 Ill. Adm. Code 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]:

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.
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.
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.
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.

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

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.

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

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

Decisions on investigations and penalties for disciplinary violations shall be made in accordance with disciplinary rules of the county jails.
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.
Segregation shall not exceed 72 hours for minor rule violations.

f) Violation Classifications

Violations shall be classified as minor or major.

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.
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

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).
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

Rules governing major violations shall provide for a hearing on the alleged violation.
The hearing shall be before an impartial officer or committee, which may include a public member.
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.
The accused shall be allowed to pose questions to the hearing officer or committee to be asked of witnesses against the accused.
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.
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.
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

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.
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.
Segregation shall be imposed only after lesser penalties have been considered.
Detainees under 18 years of age who are in segregation must remain separated by sight and sound from detainees 18 years or older.
Restricted diets and corporal punishment are prohibited.
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.

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.

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

History

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

20 Ill. Adm. Code 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.

History

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

20 Ill. Adm. Code 701.180 Mail Procedures

a) Scope

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.

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

b) Incoming Mail

Detainees may receive incoming mail subject to the procedures outlined in this subsection (b).
All incoming, non-privileged mail shall be opened and inspected for contraband prior to delivery.
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.
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.

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

Each detainee shall be permitted to send, at personal expense, an unlimited number of letters each week.
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.
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.
Outgoing mail shall be collected Monday through Friday and delivered to the U.S. Postal Service promptly.
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.

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.

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.
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.
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.
Any Illinois Inspector General.
Clerks of the Courts or the Illinois Court of Claims.
The John Howard Association.
Registered attorneys.
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

The jail administrator may allow detainees to send or receive electronic mail.
If electronic mail service is allowed, a website with instructions shall be established through which electronic mail may be sent to detainees.
Electronic mail shall be considered non-privileged and shall be subject to all inspection procedures of regular non-privileged mail.
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.
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.

History

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

20 Ill. Adm. Code 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.

History

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

20 Ill. Adm. Code 701.200 Visiting

a) Visit Regulations

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

Regulations shall provide a schedule identifying no fewer than two visiting days each week, one of which must be during the weekend.
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.
Visits shall not be less than 15 minutes. Extended visits may be granted by the jail administrator for visitors who travel great distances.
Two or more persons permitted to visit at the same time shall count as a single visit.
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

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.
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

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.
Detainees must be thoroughly searched before and after each visit, unless the visit is conducted via such means as video conferencing.
Visitors and items brought onto jail property are subject to search and a search notice sign must be conspicuously posted.
In jails where visiting is conducted in an open room or area, constant visual supervision by jail staff must be exercised.

History

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

20 Ill. Adm. Code 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.

History

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

20 Ill. Adm. Code 701.220 Education

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

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.
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.
General Education Development (G.E.D.) courses to prepare qualified detainees for the G.E.D. test for a high school equivalency diploma.
Correspondence Courses for both high school students and graduates can be arranged through local school districts, State colleges and universities.
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.

History

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

20 Ill. Adm. Code 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.

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

History

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

20 Ill. Adm. Code 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.

History

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

20 Ill. Adm. Code 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.

History

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

20 Ill. Adm. Code 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.

History

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

20 Ill. Adm. Code 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:

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

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.
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.
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.
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.

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.
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.
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.
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.
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].
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.

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.
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.
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.

Minors shall be assigned single occupancy cells or detention rooms.
Detainees shall be provided with meals in accordance with Section 701.110 when they are detained during the facility's normal meal periods.
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.
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.
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.
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.
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.

History

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

20 Ill. Adm. Code 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.

Appropriate reading materials, table games in sufficient quantities, and radio or television or both shall be provided.
Where appropriate facilities exist, outdoor activities shall be scheduled.
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:

A description of conduct constituting a penalty offense;
The types and durations of penalties which may be imposed;
The method or conditions under which penalties may be imposed and persons authorized to impose discipline; and
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.

History

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

20 Ill. Adm. Code 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.

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

History

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

Subchapter g Municipal Standards

Part 720 Municipal Jail and Lockup Standards

20 Ill. Adm. Code 720.5 Definitions

"Cell" means an area that has three walls and a grilled front and door or a security glass front and door that is used to detain or confine adults or to detain juveniles 16 years of age or older.

"Chief of Police" means the chief executive law enforcement officer of the municipality or any designee.

"Department" means the Illinois Department of Corrections.

"Detention room" means an area that has four walls and a door that is used to detain juveniles or adults.

"Jail or lockup", hereafter referred to as jail, means a security facility operated by the municipal police department for the temporary detention of persons who are being held for investigation pending disposition of their cases by the judiciary or who are waiting transfer to another institution.

"Jail and Detention Standards Unit" means the unit within the Division of Support Services of the Department of Corrections which is authorized to monitor compliance with Municipal Jail and Lockup Standards.

"Unit" means the Jail and Detention Standards Unit.

History

Source: Amended at 22 Ill. Reg. 19227, effective November 1, 1998

20 Ill. Adm. Code 720.10 Legal Authority to Establish Standards and Exercise Supervision Over Jails

In accordance with Section 3-15-2 of the Unified Code of Corrections [730 ILCS 5/3-15-2]:

a) The Department shall establish minimum standards for the physical condition of jails and for the treatment of detainees with respect to their health and safety and the security of the community and to make recommendations to such institutions to assure compliance with the requirements of such minimum standards.

b) At least once each year, the Department may inspect each adult facility for compliance with the standards established and the results of such inspection shall be made available by the Department for public inspection.

If any jail does not comply with the standards established, the Director of Corrections shall give notice to the municipality of such noncompliance, specifying the particular standards that have not been met by such facility.
If the facility is not in compliance with such standards when six months have elapsed from the giving of such notice, the Director of Corrections may petition the appropriate court for an order requiring such facility to comply with the standards established by the Department or for other appropriate relief.

c) The Department may provide consultation services for the design, construction, programs and administration of jails operated by municipalities and may make studies and surveys of the programs and the administration of such facilities. Personnel of the Department shall be admitted to these facilities as required for such purposes. The Department may develop and administer programs of grants-in-aid for correctional services in cooperation with local agencies. The Department may provide courses of training for the personnel of such institutions and conduct pilot projects in the institutions.

History

Source: Amended at 22 Ill. Reg. 19227, effective November 1, 1998

20 Ill. Adm. Code 720.20 Legal Rights of Accused While in Custody

a) Treatment While in Custody

On being taken into custody every person shall have the right to remain silent.
No unlawful means of any kind shall be used to obtain a statement, admission, or confession from any person in custody.
Persons in custody shall be treated humanely and provided with proper food, shelter, and, if required, medical treatment. [725 ILCS 5/103-2]

b) Right to Communicate with Attorney and Family – Transfers

Persons who are arrested shall have the right to communicate with an attorney of their choice and a member of their family by making a reasonable number of telephone calls or in any other reasonable manner. Such communication shall be permitted within a reasonable time (generally within the first hour) after arrival at the first place of custody.
In the event the accused is transferred to a new place of custody, his or her right to communicate with an attorney and a member of his or her family is renewed. [725 ILCS 5/103-3]

c) Right to Consult with an Attorney

Any person committed, imprisoned or restrained of his or her liberty for any cause whatever and whether or not such person is charged with an offense shall, except in cases of imminent danger of escape, be allowed to consult with any licensed attorney at law of this State whom such person may desire to see or consult, alone and in private at the place of custody, as many times and for such period each time as is reasonable.
When any such person is about to be moved beyond the limits of this State under any pretense whatever, the person to be moved shall be entitled to a reasonable delay for the purpose of obtaining counsel and of availing himself or herself of the laws of this State for the security of personal liberty. [725 ILCS 5/103-4]

d) Posting Notice of Rights

Every chief of police shall post in every room, other than cells, of such buildings where persons are held in custody, in conspicuous places where it may be seen and read by persons in custody and others, a poster, printed in large type, containing a verbatim copy in the English language of the provisions of Sections 103-2, 103-3, 103-4, 109-1, 110-2, 110-4, and subparts (a) and (b) of Section 110-7 and 113-3 of the Code of Criminal Procedure. [725 ILCS 5/103-7] (Notice of Rights posters in English and Spanish are available from the Jail and Detention Standards Unit.)

e) Mandatory Duty of Officers

Any peace officer who intentionally prevents the exercise by an accused of any right conferred by this Article or who intentionally fails to perform any act required of him or her by this Article shall be guilty of official misconduct and may be punished in accordance with Section 33-3 of the Criminal Code of 1961. [725 ILCS 5/103-8]

History

Source: Amended at 22 Ill. Reg. 19227, effective November 1, 1998

20 Ill. Adm. Code 720.25 Administration

a) Staff Training

All jail officers and other persons assigned jail duties shall be oriented and trained in local jail procedures by persons authorized by the Chief of Police. Such training shall include security measures such as use of restraints, force, and chemical agents; handling special incidents such as assaults, disturbances, fires, natural disasters, evacuation procedures, escapes, communications, and crime scene protection; and suicide prevention. Such training may include familiarization with identification of signs and management of mentally impaired detainees and first aid and CPR training.
Written documentation of staff training, including orientation and familiarization, shall be maintained.
Jail officers and other personnel assigned to jail duty shall be familiar with the standards in this Part and shall be thoroughly acquainted with all security features of the jail and the location and use of all emergency equipment and first aid supplies. Such familiarization shall be documented.

b) Written Procedures

A current written manual of policies and regulations for the operation of the jail shall be established by the Chief of Police and be accessible to each employee. The manual shall include 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.

c) Post Description

A comprehensive duty description for each operational jail position shall be in writing. Employees shall be familiar with the written post description prior to assuming the post.

d) Records

The Chief of Police shall assure that all records required by this Part are maintained and available for examination by staff of the Jail and Detention Standards Unit.

e) Discrimination and Harassment

The Chief of Police 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) Jail Officer Staffing

Each jail must have sufficient personnel to provide adequate supervision of detainees.
No person shall be confined without an officer or other qualified staff, awake and alert at all times, on continuous duty in the jail.
Supervision shall be provided by a person of the same sex, where feasible, during periods of personal hygiene activities such as use of showers and toileting.

g) Health Services

Any seriously injured, seriously ill, or unconscious person shall not be admitted to the jail until a medical examination has been conducted by a jail physician. A jail physician is a physician designated by the Chief of Police.

The Chief of Police shall order a detainee's removal to a hospital upon the recommendation of the jail physician.
A written record of all physicians' visits, examinations, and treatment shall be maintained.
Medication provided to detainees shall be recorded in a log, including the detainee's and the employee's names, the date and time, and the type and amount of medication.

h) Personal Property

The Chief of Police shall determine what personal property, if any, a detainee may retain. Receipts must be issued for all personal property taken from a detainee. Personal property, except for items confiscated as evidence, shall be returned to the detainee or his or her designee upon release and such return shall be documented.

History

Source: Added at 22 Ill. Reg. 19227, effective November 1, 1998

20 Ill. Adm. Code 720.30 Use of Jails

a) The maximum period of detention in a jail should not normally exceed 48 hours, except when detention occurs at the beginning of a weekend or holiday.

b) 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 the criminal law. (Section 5-7 of the Juvenile Court Act [705 ILCS 405/5-7].) However, no minor shall be detained in a municipal jail for more than six hours.

c) A detainee with a known history of mental disorder or mental defect, or a detainee who shows evidence of such condition, shall be detained only temporarily in a municipal jail and transferred as soon as possible. In the event such a detainee is received, the detainee shall be afforded appropriate supervision as determined by the Chief of Police or his or her designee until transferred. The Chief of Police shall immediately notify the appropriate authorities regarding the mental condition of the detainee so that a transfer can be effected.

History

Source: Amended at 22 Ill. Reg. 19227, effective November 1, 1998

20 Ill. Adm. Code 720.40 Minimum Physical Standards – Existing Buildings

The building in which a jail is located must:

a) Conform to the building, fire, safety, and health requirements of local, State, and federal authorities. State of Illinois standards for a jail which exceed those of a federal or local authority shall take precedence.

b) Be well lighted to provide at least 20 footcandles at 30" above the floor in the detention area and in other parts of the jail.

c) Be 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 (67º to 85º F).

d) Have electrical conduits, fixtures, switches, and outlets that are inaccessible to the reach of detained persons or that are of tamper proof construction.

e) Have all exterior windows in the detention area security screened or barred. Those exterior windows that can be opened must also be insect screened.

History

Source: Amended at 22 Ill. Reg. 19227, effective November 1, 1998

20 Ill. Adm. Code 720.50 Minimum Cell and Detention Room Standards - Existing Facilities

a) Male and female detainees shall be confined in completely segregated areas.

The confinement area for males and females shall be located so that physical, visual, and auditory contact by detainees of the opposite gender is prevented.
Juveniles shall be confined in areas that are completely separated from adults. Minors under 17 may be housed in detention rooms or cells while minors under 16 shall not be housed in cells.

b) The minimum size of each cell shall provide at least 50 square feet of floor space. Detention rooms shall provide at least 64 square feet of floor space.

c) All existing cells and detention rooms shall be designated single occupancy. Multiple occupancy shall not be used until all cells and detention rooms are in use. However, no more than two detainees may be housed in a single cell or detention room.

d) Each cell or detention room shall be equipped with:

A rigidly constructed metal or concrete bed, with a solid or perforated steel bottom, anchored to the floor or walls. A metal bench may be used if detention is eight hours or less.
A washbasin with piped hot and cold water if detention exceeds eight hours. If detention is eight hours or less, access to a washbasin with cold water must be provided in or contiguous to cells or detention rooms.
A toilet if detention is for more than eight hours. Access to toilet facilities must be provided in or contiguous to the cells or detention rooms if detention is for eight hours or less.
Security light fixtures providing an illumination level sufficient for distinct visual supervision from the cell door. Illumination may be provided by a light fixture in the inspection corridor, provided it is not accessible to detainees.

e) Cells shall not be constructed of wood or flammable material.

f) Cells or detention rooms located in a basement must be adjacent to the office of the jailer responsible for supervision and care of detainees.

A basement is defined as a story whose floorline is below grade at any entrance or exit and whose ceiling is not more than five feet above grade at any such entrance or exit.
The basement detention area must be provided with adequate light, heat, and forced-air ventilation.

g) All requirements of a physical nature shall be complied with by the municipalities.

However, if the Department of Corrections has previously given written approval for final architectural plans for new construction or remodeling and construction commences within one year after such approval, new standards of a physical nature will not be enforced.
Noncompliance pertaining 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 of the Unified Code of Corrections [730 ILCS 5/3-15-2].

h) Variances connected with physical requirements established herein may be granted by the Director of the Department of Corrections 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 shall 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.

The variance request must be in writing 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.
The approval or denial of a variance request will be returned by letter to the requesting governmental agency.
The Director of the Department of Corrections, at his or her discretion, may grant a renewal of the variance provided documentation is received from the governing body which indicates a good faith effort on its part to effect necessary actions to comply with the standard in question.

History

Source: Amended at 22 Ill. Reg. 19227, effective November 1, 1998

20 Ill. Adm. Code 720.60 Supervision

a) Persons confined shall be supervised by a jail officer or other qualified staff. For most municipalities, a radio operator on duty will suffice, provided duties do not interfere with the conduct of the following supervisory checks:

A visual check by personal inspection of each person confined shall be conducted, not including observation by a monitoring device, at least once every 30 minutes, unless continuous audio and visual checks conducted with a monitoring device has been approved as a variance in accordance with Section 720.50(h) or the individual has been restrained. Persons restrained shall be checked at least every 15 minutes.
Visual checks shall be recorded by a mechanical device or logged in ink indicating:

A) Time of check;

B) Signature, initials, badge number, or any other personal identifier of the responsible person; and

C) Any relevant remarks.

b) Physical restraints, including therapeutic restraints, shall not be placed upon a detainee to confine his or her movements within a cell or detention room other than for the specific purpose of preventing the detainee from injuring himself or herself or others or from damaging or destroying property.

A written report shall be placed on file whenever restraint devices are applied. The report shall include the date and time and the purpose for which the physical restraints have been applied.
Persons placed in therapeutic restraints shall be monitored as recommended by the jail physician.
Additionally, each individual case shall be reviewed at least once during each shift to determine the necessity for such restraints. The identity of the person conducting the review, the date and time, and either the reason for continued use of restraints or the discontinuance of restraints shall be documented.

c) Any use of force shall not be prohibited simply because the jail officer or staff member using such force is not of the same gender as the detainee.

d) Detainees shall be supplied with the following materials on an as needed basis:

Personal hygiene items, such as toilet tissue, soap, paper towels, and feminine hygiene items; and
Disposable drinking cups, if the washbasin is not drinking fountain equipped.

e) Clean bedding shall be provided for detainees confined overnight (that is, continuous confinement between the hours of 10:00 p.m. and 6:00 a.m.). Clean bedding shall consist of a flame retardant mattress, a mattress cover if the mattress cannot be sanitized after use, and blankets appropriate to the season of the year or temperature of the facility. Bedding, including the mattress or mattress cover, sheets, or pillow cases, shall be laundered or otherwise sanitized prior to reissue. Mattresses or mattress covers that have been soiled with body fluids or waste shall be handled using standard universal precautions to reduce exposure to bloodborne pathogens and shall be appropriately laundered, sanitized, or discarded.

f) Persons confined beyond 48 hours shall be permitted to shower or bathe once every 48 hours. Clean towels shall be provided when showering or bathing.

History

Source: Amended at 22 Ill. Reg. 19227, effective November 1, 1998

20 Ill. Adm. Code 720.70 Security

a) Detainees shall be given an immediate frisk search.

b) Strip searches shall be performed in accordance with Section 103-1 of the Code of Criminal Procedure of 1963 [725 ILCS 5/103-1].

No person arrested for a traffic, regulatory, or misdemeanor offense, except in cases involving weapons or a controlled substance, shall be strip searched unless there is reasonable belief that the individual is concealing a weapon or controlled substance.
"Strip search" means having an arrested person remove or arrange some or all of his or her clothing so as to permit a visual inspection of the genitals, buttocks, anus, female breasts, or undergarments of such person.
All strip searches shall be performed by persons of the same sex as the arrested person and on premises where the search cannot be observed by persons not physically conducting the search.
Every peace officer or employee of a police department conducting a strip search shall:

A) Obtain the written permission of the police commander or an agent thereof designated for the purposes of authorizing a strip search in accordance with this Section.

B) Prepare a report of the strip search. The report shall include the written authorization required by subsection (b)(4)(A) of this Section, the name of the person subjected to the search, the names of the persons conducting the search, and the time, date, and place of the search. A copy of the report shall be provided to the person subject to the search.

No search of any body cavity other than the mouth shall be conducted without a duly executed search warrant; any warrant authorizing a body cavity search shall specify that the search must be performed under sanitary conditions and conducted either by or under the supervision of a physician licensed to practice medicine in all of its branches in this State.
Any peace officer or employee who knowingly or intentionally fails to comply with any provisions of this Section 720.70(b) is guilty of official misconduct as provided in Section 103-8 [725 ILCS 5/103-8]; provided, however, that nothing contained in this Section shall preclude prosecution of a peace officer or employee under another Section of the Code of Criminal Procedure.

c) Any officer who enters a cell or detention area where a person is confined shall not be armed with a firearm, except in emergency circumstances where the use of deadly force may be authorized by Section 7-9 of the Criminal Code of 1961 [720 ILCS 5/7-9] or Section 3-6-4 of the Unified Code of Corrections [730 ILCS 5/3-6-4].

d) Prior to any officer or other person responsible for detainee supervision entering an occupied cell or detention room, another qualified police employee shall be present.

e) Cells and detention rooms shall be examined for the presence of unauthorized objects before being reassigned to another detainee.

f) All fixtures, equipment, wiring, and conduits shall be properly maintained.

g) Eating utensils shall be removed from cells and detention rooms after each meal.

h) Any open or contact visits must be closely supervised and the detainee shall be searched before and after the visit.

i) Visitors are subject to search and a search notice sign must be conspicuously posted.

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

History

Source: Amended at 22 Ill. Reg. 19227, effective November 1, 1998

20 Ill. Adm. Code 720.75 Telephone and Visits

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

b) 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.

c) Rules governing the use of the telephone and visits shall be established by the Chief of Police. Violation of telephone or visiting rules may result in suspension of the detainee's use of the telephone or visits, except as required by law.

History

Source: Added at 22 Ill. Reg. 19227, effective November 1, 1998

20 Ill. Adm. Code 720.80 Food

Three meals per day shall be furnished.

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

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

c) Meals shall be provided at reasonable and proper intervals, that is, adhering to recognized breakfast, lunch, and dinner schedules.

d) A drink other than water shall be served with each meal.

e) Of the three daily meals provided, at least one shall be a balanced and complete hot meal if the detainee is confined for longer than 24 hours.

f) Special diets shall be adhered to when prescribed by a jail physician, clinic, or hospital designated by the Chief of Police.

g) A copy of the menu served shall be maintained for a period of three months.

h) Detainees shall be served in their cells or detention rooms.

History

Source: Amended at 22 Ill. Reg. 19227, effective November 1, 1998

20 Ill. Adm. Code 720.90 Sanitation

a) When occupied, cells and detention rooms shall be cleaned daily.

b) Areas adjacent to cells and detention rooms shall be maintained in a clean and orderly condition. Walkways and corridors shall not be used as storage areas.

c) A vermin and pest control program shall be implemented.

History

Source: Amended at 22 Ill. Reg. 19227, effective November 1, 1998

20 Ill. Adm. Code 720.100 Fire Protection

a) 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.

Extinguishers shall be readily accessible to staff but not to detainees. The local fire department shall be contacted regarding the location, type, and number of fire extinguishers required.
Extinguishers shall be examined not less than once each year and tagged with the date of inspection and initials of the inspector.
All jail personnel shall be familiar with the characteristics and operation of all types of extinguishers in the facility.

b) Emergency exit doors shall be clearly indicated with at least 4½ inch block lettering stating "Exit" in all capital letters; their location shall be made known to all jail personnel; and the keys for the doors shall be immediately available to jail staff. There shall be at least two exits from each floor of detention.

History

Source: Amended at 22 Ill. Reg. 19227, effective November 1, 1998

20 Ill. Adm. Code 720.110 Emergency Plan

a) Each jail shall have, in writing, detailed plans that include procedures for emergencies, such as:

Fires, severe weather periods, and civil disasters;
Riots or major disturbances;
Battery on jail officers;
Battery on detainees;
Escapes or escape attempts;
Contagious diseases; and
Medical (epilepsy, heart attacks, etc.).

b) Emergency plans must be known and understood by all personnel.

c) There shall be at least one full set of keys, separate from those in use, stored in a safe place accessible only to police department personnel for use in the event of an emergency.

History

Source: Amended at 22 Ill. Reg. 19227, effective November 1, 1998

20 Ill. Adm. Code 720.120 Detainee Records

a) Minimum identification data and information shall be recorded for each person detained as follows:

Name.
Aliases and nicknames.
Address.
Age and date of birth.
Person to notify in case of emergency, including address and telephone number.
Physical description, gender, and characteristic marks.
Occupation.
Offense.
Date and time of admission and authority.
Name and title of officers presenting and receiving detainee.
Previous arrest record and convictions.
Itemized record of detainee's cash and other valuables, expenditures, and receipts while in custody.
Disposition of case and authority.
Date of release or transfer.

b) Juvenile and adult records shall be kept separate from each other.

History

Source: Amended at 22 Ill. Reg. 19227, effective November 1, 1998

20 Ill. Adm. Code 720.130 Reports to the Jail and Detention Standards Unit

a) Adult Population Reports – The Chief of Police shall furnish quarterly population reports to the Jail and Detention Standards Unit, utilizing appropriate forms supplied by the Unit.

The report shall include the total number of adult males and adult females detained during the month.
Reports shall be submitted by the tenth day of each month following the end of each quarter, including those months in which no persons were detained. Reports shall include only those persons securely confined and not those merely arrested.

b) Juvenile Population Reports – The Chief of Police shall furnish monthly population reports to the Jail and Detention Standards Unit, utilizing appropriate forms supplied by the Unit.

The report shall include the total number of juvenile males and juvenile females securely detained during the month; the initials, date of birth, age, sex, and race of each juvenile; the offense and offense code for which the juvenile is being held; whether the juvenile has been adjudicated; the date and time the juvenile was securely detained; the date and time the juvenile was released; and to whom the juvenile was released or transferred.
Reports shall be submitted by the tenth day following each month, including those months in which no persons were detained. Reports shall include only those persons securely detained and not those merely arrested.

c) Extraordinary or Unusual Occurrences – All extraordinary or unusual occurrences shall be reported to the Jail and Detention Standards Unit utilizing appropriate forms supplied by the Unit.

Reports shall be forwarded within 72 hours after the occurrence or its discovery.
Extraordinary or unusual occurrences shall mean:

A) Death, regardless of cause.

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

C) Serious injury.

D) Escape or attempted escape.

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

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

G) Battery on a staff member, visitor, or volunteer by a detainee.

H) Battery on detainee by a staff member.

I) Battery on detainee by another detainee if hospitalization or extensive medical treatment is required.

J) Sexual assault.

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

L) Discovery of firearms or weapons, as defined in 720 ILCS 5/31A-1.1, in cells, detention rooms, or other detainee areas.

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

N) Use of chemical agents.

O) Major property damage.

History

Source: Amended at 22 Ill. Reg. 19227, effective November 1, 1998

20 Ill. Adm. Code 720.140 Use of Force

a) Officers shall not strike or lay hands on a detainee or employ the use of chemical agents except:

In self-defense.
To prevent escape.
To prevent serious injury or damage to person or property.
To quell a disturbance.
To effect detention.
To establish control.

b) Force shall be employed only as a last resort or when other means are unavailable or inadequate and only to the degree reasonably necessary to achieve a permitted purpose.

c) Following the use of chemical agents, appropriate measures as recommended by the manufacturer shall be taken to minimize the effect of the chemicals.

History

Source: Amended at 22 Ill. Reg. 19227, effective November 1, 1998

20 Ill. Adm. Code 720.150 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:

"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.
"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.
"Juvenile Detention Home" means a public facility with specially trained staff that conforms to the county juvenile detention standards (20 Ill. Adm. Code 702).
No minor shall be detained in a 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 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 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.

b) Minimum Standards

All standards in the preceding Sections of this Part apply equally to minors except when prohibited by law or by the standards in this Part.
Confined minors shall be kept separate by sight and sound from confined adults. There shall be no contact between confined adults and confined juveniles in cells and detention rooms. This does not prohibit inadvertent or occasional contact in non-residential areas, such as entrances, corridors, elevators, and booking areas.
A parent, legal guardian, or person with whom the minor resides shall be notified of the minor's detention if the law enforcement officer has been unable to do so.
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 registrars, monthly population reports or other records that are subject to public review.
Records shall not be open to public inspection nor shall the contents be disclosed to the public, except by order of the court or when the institution of criminal proceedings has been permitted or the person has been convicted of a crime and is the subject of pre-sentence investigation or proceedings on an application for probation or as otherwise permitted by law.
Juveniles shall, under the following conditions, be provided with supervision by a person of the same sex:

A) When following 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.

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.
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.
Juveniles shall be detained in a detention area or detention room.
Juveniles shall be provided with meals when they are detained during the facility's normal meal periods.
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.

History

Source: Amended at 22 Ill. Reg. 19227, effective November 1, 1998

20 Ill. Adm. Code 720.160 New Construction

This Section applies to all new construction, including remodeling, renovation, additions to existing structures, and new structures.

a) All plans and specifications for the construction of municipal jails or the remodeling or renovation of existing facilities must be approved by the Illinois Department of Corrections. The Department is concerned with all aspects of jail construction, maintenance, and operation which affect the rights, safety, security, care, and welfare of all persons detained and of the staff. The minimum standards set forth in this Section, or an approved equivalent or greater standard, must be met.

One set of preliminary drawings shall be submitted to the Department for review and approval.
One complete set of construction or bid drawings and specifications shall be submitted to the Department for review and approval, to include:

A) Architectural design.

B) Heating and ventilating system.

C) Plumbing specifications.

D) Electrical specifications.

E) Specifications for materials.

F) Equipment.

G) Furnishings.

Documents shall show conformance to applicable local, State, and federal codes and standards and shall include the architect's seal.
Plans showing the proposed building location must be submitted to the Illinois Department of Natural Resources, to determine compliance with the Regulation of Construction within Flood Plains (17 Ill. Adm. Code 2706) and Construction Activities in Special Flood Hazard Areas (Executive Order 79-4, effective June 1, 1979).

b) All minimum standards for existing facilities (Section 720.50) shall apply in addition to the following minimum standards.

Design and Layout of Cell Block.

The cell block shall adjoin the police quarters.

Cell, Detention Room, and Cell Block Corridor Walls and Ceilings

A) Either steel, reinforced concrete, reinforced masonry, or security glass is required for walls.

i) Masonry must be at least six inches thick with a ⅜" bar at 16" on center horizontally and ½" bar at 16" on center vertically.

ii) Joints between concrete blocks shall not exceed ⅜ inch.

iii) Security glass must be at least 9/16" with 12 gauge hollow metal frames with 1¼" stops.

B) Ceilings shall be constructed of cast in place concrete, pre-cast concrete, or steel. Bars across the cell ceiling are not permitted.

C) Paint, if used, must be flame retardant and lead-free.

Cell and Detention Doors and Fronts

A) Each door shall contain a food pass with a maximum opening of 5" high and 16" wide. Solid doors shall have a safety glass observation panel. The door shall be a minimum of 6'8" high and 2'4" wide.

B) Cell fronts shall be steel grille (bars) or security glass.

i) Grille construction shall be no less than ⅞ inch steel bars, round or hexagonal.

ii) The clear opening space between bars shall not exceed 5".

iii) Security glass must be at least 9/16" with 12 gauge hollow metal frames with 1¼" stops.

C) Detention room doors shall be 12-gauge hollow metal. Door frames shall be at least 12-gauge steel. Both shall be detention grade construction.

D) There shall be a manual override or emergency backup for all doors that are electrically operated.

Cell or Detention Room Block Entrance Door

A) A grille door or security hollow metal door, equipped with a safety glass observation panel, shall be used.

B) The entrance door shall be a minimum height of 6'8" and a minimum width of 3'. The area on either side shall be unobstructed.

Plumbing

A) Each cell and detention room shall be equipped with a toilet and washbasin, preferably a stainless steel prison-type with bubbler.

i) The toilet shall be seatless (integral seat) and tankless with a push button flush valve.

ii) The washbasin shall be hot and cold water equipped with push button controls.

iii) The water shutoff valve for each cell or detention room shall be installed outside the cell or detention room.

B) A shower shall be provided in the detention area to permit bathing for those persons who are detained for more than 48 hours.

C) Hot and cold water accessible to detainees shall be thermostatically controlled.

Windows

A) Windows in the detainee's living quarters must be security type.

B) Any public view into the cell or detention room area is prohibited.

C) Translucent security glass shall be used.

D) All openable cell block external windows shall be security screened. Security screens shall consist of 1½" x ¾" 11-gauge steel tubing or channel with a cover plate.

E) Windows that can be opened must also be insect screened. Wire cloth shall be .028" diameter, 12 mesh stainless steel wire, 1200# lineal inch tensile strength.

F) Windows are not required when artificial illumination, cooling, and ventilation (air conditioning) is adequate.

Cell and Cell Block Floors

A) Floors must be concrete or precast concrete and may have non-skid material.

B) Floor shall be pitched one to two inches above corridor floor for drainage purposes.

Cell Block Corridors.

Cell Block corridors shall be no less than four feet wide.

Floor Drains

A) Floor drains shall be located in cell block corridor floors or the plumbing chase. One drain shall be provided for every three cells.

B) Drain covers must be securely anchored.

C) Floor flushing drains shall be provided in cells to be used for offenders under the influence of alcohol.

Heating, Cooling and Ventilation

A) Heating equipment shall be located outside the cells or detention rooms.

B) Radiators, if used, shall be adequately shielded to prevent accidental injury.

C) Thermostats shall be located outside cells or detention rooms.

D) The ventilation system shall be capable of moving a sufficient volume of air to each cell or detention room to remove foul air and odors.

i) Circulation shall be at least 15 cubic feet of outside or recirculated filtered air per minute per occupant.

ii) Mechanical ventilation may provide for recirculation of outside air except where prohibited by local or State codes. The outside air requirements may be reduced to a minimum of 33 percent of the specified ventilated air quantity, if adequate temperature control is provided in addition to filtering equipment so that the maximum concentration of particles entering the space is reduced to acceptable limits in accordance with subsection (b)(10)(f) of this Section. In no case should the outdoor air quantity be less than five cubic feet per minute per person.

E) Air duct openings to cells and detention rooms shall be security screened and secured with tamper proof screws or welded to the floor or wall.

F) Heating and ventilation systems shall comply with the American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE) Standard 62-1989, Ventilation for Acceptable Indoor Air Quality.

Lighting

A) Prison-type security light fixtures shall be provided in cells or detention rooms that provide at least 20 footcandles illumination at 30" above the finished floor.

B) Illumination level must be of sufficient intensity to clearly light cells or detention rooms for visual supervision from the cell door at all times.

C) Lights must be switch controlled from outside the cells or detention rooms.

D) Security fixtures shall be used in corridors and vestibules.

Cell or Detention Room Bunks

Bunks shall be of metal or concrete construction securely anchored to walls or floor or otherwise integrally constructed.

Monitoring System

A) An audio or audio-visual monitoring system shall be installed in the cell or detention room area.

B) Cells and detention rooms shall be equipped with at least an auditory monitoring system to allow the jailer to check activities and to provide a means for a confined person to advise the jailer of emergency situations.

Emergency Exits

A) There shall be at least one direct emergency exit from a cell block in addition to the cellblock entrance door, where the detention area totals 1200 square feet or more, or where the corridor has a dead end exceeding 50 feet.

B) Every emergency exit shall be clearly marked in accordance with local and State codes.

Visiting Area

Semi-private compartments or a visiting room shall be provided to allow detainees to communicate with authorized visitors.

Emergency Power Source

A) An emergency electrical power source must be available in the event of a power failure.

B) The emergency power source must be of sufficient capacity to operate electrical locking devices and other electrical equipment and to provide minimum lighting within the jail and its perimeter.

History

Source: Amended at 22 Ill. Reg. 19227, effective November 1, 1998

Subchapter h Miscellaneous Standards

Part 800 Transitional Housing Licensure for Sex Offenders on Parole, Probation, or Supervision

20 Ill. Adm. Code 800.10 Applicability

This Subpart applies to the Department and any person, group of persons, corporations, or entity that intends to develop, establish, maintain, or operate Transitional Housing for sex offenders on parole, probation, or supervision.

20 Ill. Adm. Code 800.20 Designees

Unless otherwise specified, whenever a title such as Director is used in this Subpart, it means the person who holds that title or the person who has been designated in writing to fulfill the duties of that title on a routine basis or during a temporary absence or an emergency.

20 Ill. Adm. Code 800.30 Definitions

"Authorized Representative" means the individual in whom authority is vested for the management, control, and operation of all services at a Transitional Housing facility and for communication with the Department regarding the status of the licenses at that facility.

"Department" means the Illinois Department of Corrections.

"Director" means the Director of the Department.

"Facility" means the building or premises that are used for housing and services as specified in this Part.

"Governing Body" means the board of directors of a corporation or partners, owners, proprietors, members, managers, or other entity or persons legally responsible for the operation of the facility.

"License" means a document issued by the Department to allow the applicant to establish or operate a Transitional Housing facility.

"Licensee" means those individuals, agencies, or organizations that hold a license.

"Licensing Administrator" means Department staff authorized by the Director to oversee the licensing process and operations of Transitional Housing facilities holding a license.

"Linkage Agreement" means a written agreement with an external person or organization to supplement existing services and to arrange for other services not directly provided by or at a Transitional Housing facility.

"Parole" means the conditional and revocable release of a committed person under the supervision of a parole officer.

"Probation" means a sentence of release upon set conditions of a convicted person under the supervision of a county probation officer.

"Sex offender" means a person who has been adjudicated guilty of a sex offense as defined in the Sex Offender Registration Act [730 ILCS 150].

"SOMB" means the Sex Offender Management Board.

"Supervising Authority" means the law enforcement entity responsible for the supervision of the sex offender on parole, probation, or supervision.

"Supervision" means the release of a person upon set conditions after an adjudication of guilt but prior to entry of conviction under the supervision of a county probation officer.

"Transitional Housing" means a Department licensed community based facility where a limited number of sex offenders on parole, probation, or supervision are temporarily placed and reside for monitoring, counseling, and treatment.

20 Ill. Adm. Code 800.40 Transitional Housing, Treatment, and Referral Criteria

Applicants for a Transitional Housing license must:

a) Have a facility that is located more than 500 feet from any school, facility providing programs or services exclusively directed toward persons under 18 years of age, or playground.

b) Have a physical structure that provides for security measures, approved by the Department, 24 hours per day and seven days per week.

c) Limit residential occupancy of the facility to individuals over the age of 18.

d) Provide housing to sex offenders on parole, probation, or supervision for a period not to exceed 90 days, unless otherwise approved by the Director of the Department.

e) Provide a structured environment for congregate living that shall offer regular scheduled group sessions that are held a minimum of three days per week; provide the opportunity, either in-house or through a referral system to outside providers, for sex offender treatment with SOMB certified providers; and monitor the movement of all sex offenders on parole, probation, or supervision by maintaining a system of signing in and out. This record shall be available for review at all times by the Department, its parole agents, county probation officers, local police departments, and other supervision entities.

f) Establish a budget that specifies monthly operating expenses and demonstrates, within six months after licensure, sufficient income to meet these expenses plus emergency reserve by providing documentation of access to a minimum sum equivalent to the total of two months of operating expenses.

g) Notify immediately the supervising authority of any sex offender resident, whether or not on electronic detention or monitor, who has left the facility without properly signing out or has overstayed his or her leave time, who has been involved in criminal activity at the location, or who has contact with a law enforcement agency at the facility; and, in cases of emergency, this notifying contact shall include the requirement of first contacting the appropriate local law enforcement agency responsible for handling the emergency.

h) Submit treatment and counseling plans for each sex offender to the Director for review and approval.

i) Have a written linkage agreement or agreements with SOMB certified providers to provide the opportunity of sex offender treatment to be paid for by the sex offender residents.

j) Have a referral network to be utilized by sex offenders for necessary medical, mental health, substance abuse, and vocational or employment resources, and maintain any legally required confidentiality of identifying information.

k) Have the ability for all sex offenders to be monitored electronically and allow access, by technicians maintaining the electronic monitoring equipment, to the premises as necessary.

20 Ill. Adm. Code 800.50 Licenses Required

a) No person on parole, probation, or supervision for a sex offense shall reside in a building or premises in which another person known to be a sex offender or known to have been placed on supervision for a sex offense resides, except in a Department licensed Transitional Housing facility. Any person, group of persons, corporation, or other entity who desires to develop, establish, maintain, or operate a Transitional Housing facility for sex offenders who are on parole, probation, or supervision must obtain a license from the Department prior to commencing operations. Transitional Housing licenses shall be issued for the specific level of the facility.

Level I licenses shall be issued to facilities that may house more than one but not more than 20 sex offenders on parole, probation, or supervision.
Level II licenses shall be issued to facilities that have a Department of Human Services license under 77 Ill. Adm. Code 2060 and that have fewer than ten sex offender residents, or no more than ten percent of the total residency be sex offenders on parole, probation, or supervision, whichever is less.

b) Before a Transitional Housing license may be granted, the licensing applicant must certify its compliance with federal, State, and local laws, as well as all applicable federal, State, and local building, zoning, planning, land use, health, and sanitation regulations, and fire safety requirements of the State Fire Marshal.

History

Source: Expedited correction at 30 Ill. Reg. 8669, effective January 1, 2006

20 Ill. Adm. Code 800.60 Application Fees

a) The non-refundable application fee shall be $250 per facility and must be submitted with each application for a license, renewal of a license, or relocation of a licensed facility.

b) Payment shall be made by check or money order payable to the Department. A separate check or money order shall be submitted with each facility application.

c) No application fee shall be required of any unit of local, State, or federal government.

20 Ill. Adm. Code 800.70 Application for Licensure

a) An application for a license to operate Transitional Housing for sex offenders who are on parole, probation, or supervision, for renewal of a license, or to relocate a licensed facility shall be completed and signed by the governing body of the facility or its authorized representatives on forms prescribed and furnished by the Department. Forms are available by sending a written request to:

Illinois Department of Corrections

1301 Concordia Court

P. O. Box 19277

Springfield, Illinois 62794-9277

Attn: Sex Offender Transitional Housing Licensing Administrator

b) The application shall be signed and dated by the organization representative and at least two of the corporate officers in the case of a corporate applicant, or by all partners or associates in the case of a partnership or association, shall be notarized, and shall include the following:

Articles of incorporation and bylaws, including a statement indicating the facility's corporate status is in good standing with the Illinois Secretary of State and whether the institution is for profit or not-for-profit; or a copy of the entity's partnership agreement; or statement of ownership; or articles of organization; and a list of assumed names under which the entity is doing business, as applicable.
A statement of purpose and range of services and a general description of the type of security established or to be established.
The names and addresses of all owners or controlling parties of the organization and whether they are individuals, partnerships, corporate bodies, or subdivisions of other bodies, such as public agencies or religious, fraternal, or other charitable organizations. In the case of corporations, the names and addresses of all officers, directors, and stockholders owning five percent or more of the stock of the corporation, either beneficial or of record, shall be disclosed.
Annual current operating budget and projected budget showing anticipated expenses and income and emergency reserve.
Certification of compliance with applicable local building, zoning, health, sanitation, or other safety requirements as specified in federal, State, or local laws, and with fire safety requirements of the State Fire Marshal.
Proof of fire, hazard, liability and other insurance coverage appropriate to the administration of Transitional Housing.
A facility site plan of the proposed site in which the specific use of each building and the specific floor plan and an explanation of the facility locking, lighting, and communication features are included. All secure doors, windows, and perimeter structures, including fencing and gates, shall be shown.
The program and operations plan for Transitional Housing.
The staffing plan that provides for continuous supervision and security that includes the number of staff, their minimum qualifications, pre-service orientation and on-going training for staff, and complete job descriptions and job titles.
Documentation of background checks in accordance with Section 800.110.
The appropriate application fee per Section 800.60.
If applying for a Level II license, a copy of the Department of Human Services license.

c) A new application shall be required whenever:

An application for license has been withdrawn and the facility seeks to reapply;
There is a change of facility location;
There is a change of licensee's ownership, name, supervising agency, or corporate status or the individual who holds a license has died; or
A new license is sought after the Department has either revoked a license or refused to renew a license.

d) A new application may be submitted at any time after a license has been voluntarily surrendered or withdrawn by the applicant.

e) If the Department has refused to renew a license or has revoked a license, the facility may not reapply for licensure before the expiration of 12 months after the Department's action.

f) If the applicant's mailing address, but not the physical location, changes, the Department shall be notified immediately, but no later than ten days after the change. A current phone number and, if available, a fax number shall be provided to the Department.

g) The Department shall issue a license or a notification of refusal to issue a license within 180 days after the date the application was received and determined to be complete.

20 Ill. Adm. Code 800.80 Licensing Requirements

a) A license to operate a Transitional Housing facility shall be valid for three years from the date issued unless revoked by the Department or voluntarily surrendered by the licensee.

b) A license shall not be issued retroactively.

c) The license shall include the level of the license, licensee's name, the facility name and address, the date issued, the license number, and the expiration date.

d) The license shall not be transferred to another person, organization, or sponsor, nor shall it be valid for a name, address, or part of the facility other than what is shown on the license.

e) The facility shall adhere to the provisions specified on the license.

f) The facility shall maintain a degree of financial solvency that assures compliance with the standards prescribed in this Part and assures adequate care and supervision of the sex offenders on parole, probation, or supervision.

g) Financial records shall be maintained and kept in the State of Illinois where they shall be readily available for review by the Department.

h) The Department shall be notified immediately if the facility is determined to be financially insolvent.

i) At any time during the licensure period, additional services for sex offenders may be added at the facility at no extra licensing cost.

j) Changes in the following shall occur only upon prior approval of the Department:

The programming modality used by the facility;
The residential capacity of the facility; or
The security, operations, and treatment plans to be used by the facility.

k) The licensee shall give 90 days notice to the Department prior to voluntarily closing or terminating its Transitional Housing facility. The notice shall state the proposed date of closing and the reason for the closing. The facility shall operate in compliance with the standards listed in this Part until the date of closure or until the sex offenders on parole, probation, or supervision are removed.

l) The license certificate shall remain the property of the Department and shall be returned to the Department if there is a change in ownership, management, or location, or if the license is suspended, revoked, or modified.

20 Ill. Adm. Code 800.90 Responsibilities of the Governing Body

a) The governing body of an incorporated facility shall be a board of directors composed of at least five persons. All board members shall be of reputable and responsible character. The governing body shall be responsible for maintaining the standards set forth in this Part.

b) The governing body of a sole proprietorship or partnership shall be the partners, owners, proprietors, members, managers, or other entity or persons legally responsible for the operation of the facility.

c) The governing body shall:

Provide written by-laws, partnership agreements, articles of organization, or statements of ownership, as applicable;
Assure that the facility operates at all times with an on-site administrator who, by official notice, is made known to the Department;
Hold at least two meetings annually;
Keep written records or minutes of all board meetings reflecting official actions by the board;
Officially notify the Department of any major changes in the corporate structure or a change in the administration of the facility, including: articles of incorporation and by-laws, partnership agreements, articles of organization, board membership, officers, ownership, and changes in services provided by the facility;
Establish written policies of the facility that shall be made available to all members of the governing body and employees of the facility, including services to be provided by the facility;
Assure that staff have achieved appropriate competency levels for this type of facility and are administering the facility's established policies correctly;
Assure that the facility has clearly outlined procedures to ensure continuity for sex offenders residing in the Transitional Housing and sufficient linkage agreements and programs to support the sex offenders;
Provide and maintain physical facilities appropriate for the program and supporting services;
Maintain and keep all records and documents required by this Part in the State of Illinois where they shall be readily available for review by licensing representatives; and
Assure fidelity bonding of fiscally responsible officers and employees, elected or appointed, whether or not compensated by salary, against breach of fidelity duty or the loss of monies, securities or other property that the facility may sustain through any fraudulent or dishonest act or acts committed by any officer or employee acting alone or in collusion with others.

20 Ill. Adm. Code 800.100 On-Site Inspection of Programs, Security, and Operations

a) Prior to recommending issuance of a license, the site of a Transitional Housing facility shall be inspected by licensing representatives.

b) On-site reviews of programs, security, and operations shall be completed by Department licensure staff prior to recommendation for licensure and at least annually thereafter.

c) License representatives, within 30 days after the application for licensure has been received and determined to be complete, shall schedule a visit to the facility. The purpose of the visit shall be to assess the housing and prepare a written report to the Licensing Administrator regarding:

Compliance with applicable statutes, licensing procedures, and standards;
The adequacy of security, programming, and care outlined in the program plan;
The degree to which the program, as outlined, can reasonably be expected to ensure security, safety, continuity of care, and the provision of adequate planning and services;
The adequacy of number of staff, staff qualifications, and training;
The adequacy of the physical plant, site, and facility design in relation to implementing Transitional Housing; and
Whether the quality assurance, security policies, and evaluation mechanisms developed by the facility can reasonably be expected to control the use of behavior management techniques and security practices within the facility and to minimize the frequency of unusual incidents within the program.

d) In order to determine continuing compliance with applicable statutes and rules, a licensee's facility may, without prior notice, be visited periodically by authorized representatives of the Department.

20 Ill. Adm. Code 800.110 Background Investigations

a) No Transitional Housing applicant may receive a license from the Department, and no person may be employed by a licensed Transitional Housing facility, unless he or she provides written authorization for a background check that may include, but is not limited to:

A check of the criminal justice information systems, including, but not limited to, those maintained by the Illinois Department of State Police, the Federal Bureau of Investigation, and the United States Department of Justice, to determine whether the person has been charged with a crime, and if so, the disposition of the charges; and
A pre-employment drug test and an agreement to random drug testing when the Department or the facility has reasonable suspicion of abuse.

b) The authorization required under this Section shall be on forms prescribed by the Department and shall include:

Identifying information consisting of name, address, social security number, date of birth, height, weight, hair and eye color, and previous names and addresses;
Fingerprints;
A declaration under penalty of perjury regarding any prior criminal convictions other than a minor traffic violation; and
Authorization for the Department to release the results of the investigation to the governing body or employer.

c) Each facility license applicant and employee or prospective employee of a licensed facility shall submit to a fingerprinting process as determined by the Department.

d) For purposes of this Section only, employees who have been separated from the facility for six months or longer due to reasons other than approved leave time shall no longer be considered current employees. Upon their return to active duty, these individuals shall be required to again authorize a background investigation pursuant to this Section.

e) Employees and prospective employees of a multi-function agency otherwise exempt from the requirements of this Section, but whose duties may require that they be on the premises of a Transitional Housing facility, shall authorize the background investigation required by this Section.

f) An individual who has authorized the background investigation required by this Section may be employed by a Transitional Housing facility on a provisional or probationary basis pending the outcome of any required background investigation of federal records.

20 Ill. Adm. Code 800.120 Required Notices

a) Facility Postings

Upon initial licensure and during the period of licensure, the licensee shall maintain at the main entrance a visible and conspicuous exterior sign in at least four inch high letters identifying the facility as a "Department of Corrections Licensed Transitional Housing Facility".
The license issued by the Department shall be publicly displayed at the facility at all times.

b) Facility Filing and Publication

Upon initial licensure, the licensee shall file with the office of the county clerk of the county in which the facility is located a certificate setting forth the name the facility is operating under and the true or real full names of persons or entities operating the facility.
The licensee shall publish the filing of the notice of licensure in a newspaper of general circulation published in the county in which the certificate is filed. The notice shall be published once per week for three consecutive weeks with the first publication within 15 days after the certificate is filed with the county clerk.
Proof of publication shall be filed with the county clerk within 50 days from the date of filing the certificate. Unless proof of publication is made to the county clerk, the notification is void.

c) The licensee shall notify the police department, public and private elementary and secondary schools, public libraries, and each residential home and apartment complex located within 500 feet of the Transitional Housing facility of its initial licensing as a Transitional Housing facility and, annually thereafter, of its continuing operation as a Transitional Housing facility.

d) The Department shall, within one week of issuance of a Transitional Housing license, submit written notification to the Illinois State Police of the licensure, the address of the facility, and the maximum number of sex offenders that can be housed at the facility for inclusion on the Illinois State Police Offender Registry website.

History

Source: Expedited correction at 30 Ill. Reg. 8669, effective January 1, 2006

20 Ill. Adm. Code 800.130 Change of Ownership or Management or Corporate Dissolution

a) Each Transitional Housing license issued shall be valid only for the premises and persons named in the application. Licensure is not transferable. A license shall become null and void when:

A change in ownership occurs involving more than 25% of the aggregate ownership interest within a one year period or a significant change in management occurs; or
A change in 50% or more in the board of directors of a not-for-profit corporation occurs within a one year period.

b) In order to obtain a new license reflective of the change in ownership, the licensee shall submit an application and fees to the Department in accordance with Sections 800.60 and 800.70.

c) Failure to notify the Department within ten calendar days after the changes in ownership listed in subsection (a) will result in the imposition of a license fee of $350 for each affected license.

d) A license shall become null, void, and of no further effect when there is any dissolution of a corporate licensee. Written notification shall be given to the Department within ten calendar days after the dissolution.

e) A license issued to a corporation that is subsequently dissolved shall not be reactivated upon reinstatement of the corporation and the license is also subject to sanctions as provided in this Part. Such corporation shall reapply for licensure.

f) In order to obtain a new license relative to reinstatement of a corporation, an application for initial licensure and the license application fee of $250 per license shall be submitted to the Department. If the Department was not notified within ten calendar days after the dissolution of the corporation, the license fee will be $350 for each affected license.

History

Source: Expedited correction at 30 Ill. Reg. 8669, effective January 1, 2006

20 Ill. Adm. Code 800.140 Application for Renewal of License

a) Application forms for license renewal prescribed by the Department shall be requested by the facility from the Department prior to the expiration date of the Transitional Housing license. The completed application shall be submitted to the Department three months prior to the expiration date of the license.

b) Upon receipt of the application for license renewal, the Department shall conduct a licensing study. The study shall include an on-site visit of the premises and a review of the records of the facility as the Department considers necessary in order to determine that the facility meets or continues to meet the licensing standards for a Transitional Housing facility. The licensing study shall be in writing and shall be reviewed and signed by the Director. The Department shall either:

Renew the license if the Department is satisfied that the facility continues to maintain the minimum licensing standards; or
Refuse to renew the license in accordance with Section 800.200.

c) When a licensee has made timely and sufficient application for renewal of a license and the Department fails to render a decision on the application for renewal of the license prior to the expiration date of the license, the existing license shall continue in full force and effect for up to 30 days until the final Department decision has been made. The Department may, if good cause is shown, further extend the period in which the decision must be made for up to 30 days.

20 Ill. Adm. Code 800.150 Grounds for Revocation, Termination, or Refusal to Issue or Renew a License

a) The Department may revoke a license, refuse to renew a license, or refuse to issue a license of any Transitional Housing facility if there is a finding that the licensee or the licensee's governing body or employees did any of the following:

Failed to maintain standards prescribed by Department rules or applicable laws.
Violated any of the provisions of the license issued.
Acted to conceal, misrepresent, or falsify any condition, action, or omission that would demonstrate non-compliance with rules or procedures or a violation of any federal, State, or local law or court order.
Failed to submit to the Department required reports or failed to make available to the Department any records required by the Department in conducting an investigation of the facility for licensing purposes.
Failed or refused to submit to or fully cooperate with an investigation required by the Department.
Failed or refused to admit authorized representatives of the Department at any time for the purpose of investigation.
Failed to provide, maintain, equip, and keep in a safe, secure, and sanitary condition premises established or used for Transitional Housing as required under Department rules or required by any law, regulation, or ordinance applicable to the facility.
Failed to publicly display its license and notices or to publish and file notification in accordance with Section 800.120.
Failed to exercise reasonable care in the hiring, training, and supervision of facility personnel.
Failed to report absences of sex offenders on parole, probation, or supervision.
Failed to report to the Department unusual incidents.
Failed to correct any condition that may jeopardize the health, safety, security, or welfare of sex offenders served by the facility.
Failed to correct any condition or occurrence relating to the operation, security, or maintenance of the facility that violates this Part.
Failed to maintain financial resources adequate to administer a Transitional Housing facility.

b) If the continued operation of the Transitional Housing facility jeopardizes the health, safety, or welfare of the sex offenders being served or if adequate security is not maintained, the facility may be closed immediately in accordance with Section 800.190.

20 Ill. Adm. Code 800.160 Complaints Concerning Licensees

Complaints concerning Transitional Housing facilities shall be directed orally or in writing to the Department's licensing representatives serving the facility, if known, or to:

Illinois Department of Corrections

1301 Concordia Court

P. O. Box 19277

Springfield, Illinois 62794-9277

Attn: Sex Offender Transitional Housing Licensing Administrator

(217) 522-2666

20 Ill. Adm. Code 800.170 Investigation of Potential Deficiencies or Violations Concerning Licensees

a) The Department shall initiate a timely investigation of allegations of potential deficiencies, violations, or evidence of grounds for revocation or termination.

b) Department investigations may include an interview with the person making the allegation, if known, and with others who may have knowledge relevant to the alleged violation or deficiency.

c) An unannounced visit by the licensing representative may be made to the location of the facility.

d) The facility's refusal to allow the licensing representative to conduct the investigation or failure to otherwise cooperate in the investigation is basis for revocation of the facility license.

20 Ill. Adm. Code 800.180 Disposition of Potential Deficiencies or Violations Concerning Licensees

a) Within 15 business days after completion of the investigation, the Department shall make a formal finding determining whether there were violations of licensing procedures or standards or federal, State, or local laws.

b) Within five calendar days after the Department makes a formal finding of violation, a letter shall be sent by registered mail, return receipt requested, to the licensee summarizing the findings.

c) The letter shall:

Cite the laws or licensing procedures or standards violated;
Notify the licensee that within ten days after the receipt of the letter the licensee may send a written request to the Licensing Administrator requesting an informal review of the decision; and
Notify the licensee that failure to correct the violations may result in revocation of the license or refusal to renew a license.

d) If a request for informal review of the Department's findings is granted by the Licensing Administrator and the licensee indicates a willingness to correct the violations, a time period for compliance may be allowed as determined by the Licensing Administrator. When a time period is granted, a registered letter of notice shall be sent to the licensee specifying the time period granted to correct the violations that shall begin upon the licensee's receipt of the registered mail. A licensing representative may make unannounced on-site visits to determine whether the identified violations have been corrected within the time period permitted for compliance.

e) If, at the conclusion of the period of time granted the licensee for correction of the findings, the licensee has failed to correct the identified violations or, if no time period for compliance was authorized, the Department shall proceed to revoke or refuse to renew the license in accordance with Section 800.200.

f) If threats exist to the health, safety, or welfare of the sex offenders served or to the facility security systems or protocols, suspension or termination of the license may immediately result.

20 Ill. Adm. Code 800.190 Closure Order

a) Whenever the Department expressly finds that the continued operation of a Transitional Housing facility jeopardizes the health, safety, or welfare of the sex offenders served by the facility or that the facility is unable to maintain adequate security, the Department shall issue an order of closure directing that the operation of the facility as Transitional Housing for sex offenders terminate immediately and, if applicable, shall initiate license revocation proceedings within ten working days.

b) A facility closed under this Section may not operate as a Transitional Housing facility during the pendency of any judicial review of the decision by the Department to issue an order of closure or to revoke or refuse to renew the license, except under court order.

Those sex offenders on parole, probation, or supervision residing at the facility shall move out immediately to a residency approved by the supervision authority after any order of closure or revocation of or refusal to renew a license.
All sex offenders' records shall be released to the Licensing Administrator.

20 Ill. Adm. Code 800.200 Procedure for Revocation or Refusal to Renew a License

a) Except as otherwise provided in Section 800.190, the Department shall notify the licensee by registered mail, return receipt requested, prior to revocation or refusal to renew a license.

The notice shall be sent to the address specified on the license or to the address of the ranking or presiding officer of the board of directors or any equivalent body operating the facility.
The notice shall inform the licensee that he or she may, within ten days after receipt of the notice through registered mail, make a request to the Department for a public hearing before the Department and for a written statement of the charges.

b) Upon receipt of a written request for a hearing by the licensee, the Department shall send to the licensee a notice of the hearing by registered mail, return receipt requested. The notice shall include:

A written statement of the charges;
A statement of the date, time, place, and nature of the hearing;
The names and mailing addresses of the hearing officer, all parties, and all other persons to whom the Department gives notice of the hearing, unless otherwise held confidential by law; and
A statement of the legal authority and jurisdiction under which the hearing is to be held.

c) The statement of charges shall be provided in writing and shall contain:

A plain and concise statement of the matters asserted and the consequences of the failure to respond;
Citation of the federal, State, or local laws or rules and regulations alleged to be violated; and
Specific relief sought via this action.

d) The hearing must be held within 30 days after the date of the postmark of the registered mail.

e) The notice must be received by the licensee no later than 15 days prior to the date set for the hearing.

f) The hearing shall be conducted in accordance with Section 800.210.

g) If no request for a hearing is made within ten days after notification, the license shall be revoked or renewal denied.

20 Ill. Adm. Code 800.210 Licensing Hearing

a) At the date, time, and place designated, the Director, or an individual authorized in writing by the Director to function as the hearing officer, shall conduct a hearing regarding the revocation of a license or the refusal to renew a license to operate a Transitional Housing facility. The hearing shall be governed by the provisions contained in Article 10 of the Illinois Administrative Procedure Act [5 ILCS 100/Art.10], unless otherwise provided in this Section.

b) Both the Department and the licensee, also referred to as parties, shall be allowed to present written and oral statements, testimony, and evidence that may be pertinent to the charges or to the defense. A person may appear and be heard on his or her own behalf or through an attorney at law authorized to practice in the State of Illinois.

c) An attorney appearing in a representative capacity shall file a written notice of appearance identifying him or herself by name, address, and telephone number and identifying the party represented.

d) Any pleadings, motions, affidavits in support of motions, and notices shall be served by the filing party upon all parties to the proceeding. Proof of service upon all parties shall be filed with the Department at the address listed in Section 800.160.

Service shall be made by delivering in person or by depositing in the United States mail, properly addressed with postage prepaid, one copy to each party entitled to the material. When any party has appeared by attorney, service upon the attorney shall be deemed service upon the party.
Proof of service of any paper shall be by a certificate of attorney, affidavit, or acknowledgement.

e) The hearing officer may direct parties or their attorneys to appear at a specified date, time, and place for a conference prior to the date set for the hearing or during the course of the hearing for the purpose of considering:

The simplification of issues;
The necessity or desirability of amending the pleadings for the purpose of clarification, amplification, or limitation with respect to matters alleged in any pleading;
The possibility of making admissions or stipulations of fact to the end of avoiding the unnecessary introduction of evidence;
The procedure at the hearing;
The limitation of the number of witnesses;
The propriety of prior mutual exchange between or among parties of prepared testimony or exhibits; and
Such other matters as may aid in the simplification of the evidence and disposition of the proceeding.

f) All hearings conducted in any proceeding shall be open to the public, except that the hearing officer may close portions of the hearing based on considerations concerning the welfare and safety of the participants or witnesses. In the event of failure to appear at the hearing upon proper notice, the hearing may be held ex parte immediately.

g) The hearing officer shall have full authority to:

Rule upon all motions made in the course of a hearing;
Rule upon all other matters arising in the course of the hearing; and
Require, upon reasonable notice, any party to present further material or relative evidence upon any issue.

h) If the respondent believes the hearing officer is biased against the respondent or if there is a conflict of interest, he or she shall petition the Director in writing at least five days prior to the date set for the hearing to appoint another hearing officer to hear the matter. The petition shall be accompanied by an affidavit setting forth the facts upon which the claim of bias or conflict of interest is based. The Director shall make a determination whether bias or conflict of interest exists, and may remove any hearing officer he or she finds biased or if a determination has been made that a conflict of interest exists.

i) The technical rules of evidence shall not apply at any hearing. Any evidence having probative value and force, relevant and material to the facts at issue, shall be admitted in the proceedings, subject only to objections to the weight of the evidence as distinguished from admissibility per se. When the admissibility of evidence is in dispute and depends upon fairly arguable interpretations of law, the evidence shall be admitted.

j) A party may conduct examinations or cross-examinations without rigid adherence to formal rules. The hearing officer before whom a matter is pending may, in his or her discretion, examine any of the witnesses at a hearing.

k) Parties may by stipulation agree upon any facts involved in the proceeding. The facts stipulated shall be considered as evidence in the proceeding.

l) The Department shall record the hearing via methods such as tape or stenography.

The record of the hearing shall be transcribed upon request of any party provided that the party pays the cost of the transcript.
Suggested corrections to the transcript may be offered within ten days after the transcript is filed in the proceeding, unless the hearing officer permits suggested corrections to be official at a later time.

m) Subpoenas for the attendance of witnesses from any place in the State of Illinois, or for the production of relevant books and papers for a hearing in a pending proceeding, may be issued by the Department or the hearing officer upon the motion of any party. Service of subpoenas and payment of witness fees shall be as provided in the Civil Practice Act [735 ILCS 5].

n) After initiation of a statement of charges, any party, upon written request made to the other party at least three business days prior to the hearing or within five business days after service of an additional pleading, shall be entitled to:

Obtain the names and addresses of witnesses the other party intends to call to testify at the hearing; and
Obtain all writings and documents the party proposes to offer in evidence.

o) A party may serve on any other party a written request for the admission by the latter of the truth of any specified relevant fact set forth in the request or for the admission of genuineness of any relevant documents described in the request. Copies of the documents shall be served with the request unless copies have already been furnished.

p) The hearing officer may continue the hearing from time to time, but not to exceed a single period of 30 days, unless special extenuating circumstances make further continuance feasible.

q) Within 30 business days after the close of all proofs in the hearing, the hearing officer shall cause to be prepared and filed with the Department originals of findings of fact, conclusions of law, and a recommendation to the Director, together with the entire record in the proceeding.

r) At any time prior to the entering of findings of facts, conclusions of law, and recommendations by the hearing officer, the parties may seek to terminate the matter by presenting to the Director an agreed order to which they all acknowledge their consent by affixing their respective signatures. Upon the Director's signing of such an order, the entire proceeding shall cease and each party shall be deemed to have waived administrative review.

s) Within 30 business days after receipt of the findings of fact, conclusions of law, recommendations to the Director, and the entire record of the proceeding, the Director shall issue a final administrative decision. A copy of the decision shall be served on each party personally or by certified mail and shall include the findings of fact and conclusions of law. Final administrative decisions of the Department may be judicially reviewed pursuant to the Administrative Review Law [735 ILCS 5/Art. III].

t) The time within which any act under this Section is to be done shall be computed by excluding the first business day and including the last business day.

History

Source: Expedited correction at 30 Ill. Reg. 8669, effective January 1, 2006

20 Ill. Adm. Code 800.220 Operation Without a License

a) Whenever the Department determines that an unlicensed person or organization is engaging in housing that requires licensure pursuant to Section 800.50 of this Part, it shall issue a notice to that person or organization to cease and desist from engaging in the activity. The notice shall specify the licensure requirement and shall include citation of relevant sections of the Illinois Administrative Procedure Act and this Part.

b) The Department's notice shall include the instruction that the recipient may submit written documentation to the Department within ten calendar days to support a claim that licensure is not required or that the recipient is properly authorized to engage in the rental activity.

c) After the expiration of the ten day period, if the Department believes that the person or organization is unlicensed and continuing to engage in activity that requires licensure under this Part, the Department shall refer the matter to the appropriate State's Attorney or to the Office of the Attorney General.

20 Ill. Adm. Code 800.300 Administration

a) All licensed Transitional Housing facilities shall employ at least one full-time authorized representative who is responsible for the daily operations at the Transitional Housing facility.

b) The Authorized Representative's name and contact information shall be provided to the Department, the probation office of the county in which the Transitional Housing facility is located, and the local police department. The Transitional Housing authorized representative may also function as a Transitional Housing manager.

c) All licensed Transitional Housing facilities shall have on-site at all times at least one Transitional Housing manager who oversees all activities under the direction of the authorized representative. The Transitional Housing manager shall maintain at the facility a historical record of each sex offender placed at the facility and a file on each sex offender that includes the transition plan for residency in the area and anticipated length of stay at the facility, tracks the efforts made to implement this plan, contains the resident's treatment plan, and documents the sex offender's attendance at any treatment or group services within the facility. Such file shall be given to the supervising agent for the sex offender when the sex offender concludes his or her residency at the facility.

d) All licensed Transitional Housing facilities shall maintain written qualifications and a description of the authority and responsibilities of the authorized representative.

e) Either the authorized representative or an individual designated to act in the place of the authorized representative shall be scheduled at the facility and function as the on-call administrator at all times.

f) All licensed Transitional Housing facilities shall have a minimum of one case manager for every 20 sex offender residents. The case manager shall:

Develop and monitor individual treatment and case plans for each sex offender.
Assist sex offenders in developing a long-term self-sufficiency plan to enable them to transition successfully into the community by providing linkage to resources such as housing, employment, and transportation.
Maintain appropriate referral sources and contact persons for the sex offenders' referral for community-based services such as sex offender treatment, mental health services, substance abuse services, and healthcare.
Assist in making appointments that facilitate the approved treatment plans for sex offenders, and where necessary, transport sex offenders to and from those appointments.
Maintain thorough, accurate, and timely sex offender records, files, and correspondence.
Prepare reports and presentations of information as required.
Reinforce with sex offenders all program policies, rules, and expectations for participation in the program.
Attend and participate in case reviews and present progress reports on each sex offender.

g) Operations manuals shall be accessible to the Department.

20 Ill. Adm. Code 800.310 Reports and Correspondence

a) As correspondence, treatment plans, efforts to relocate sex offenders to non-Transitional Housing, and other such information becomes available or changes, the authorized representative shall submit copies of this information to the Department.

b) Annual Reports

The authorized representative shall submit by November 1 of each year to the Department an annual report that shall include, but not be limited to:

Total number of sex offenders who have at any time resided in the Transitional Housing facility since January 1.
Current number of sex offenders in residency at the Transitional Housing facility and the offenses of those offenders.
Total number of sex offenders who exited Transitional Housing facility both through successful relocation and violations since January 1.

c) Unusual Incident Reports

Unusual incidents or situations that occur on the grounds of a Transitional Housing facility or that occur within the community involving an on-duty employee or a resident at the Transitional Housing facility shall be reported to the appropriate officials and completely documented by the witnessing employee or the employee who received notification of the incident prior to the end of his or her shift. The unusual incident report shall be maintained in a separate confidential administrative file and shall include the following:

A) The facility name.

B) The date and time of the incident.

C) The names and, if applicable, the identification numbers of the staff and residents involved in the incident.

D) The names and, if applicable, the identification numbers of witnesses to the incident.

E) A complete narrative of the facts and circumstances of the incident.

F) The signature of the reporting staff member and the date and time the report was written.

G) The signature of the reviewing supervisory staff member and the date and time the report was received.

H) An assessment by the authorized representative or designee and his or her signature and the date reviewed.

The authorized representative or designee shall report immediately, by telephone, to the Licensing Administrator and supervising authority any of the following types of incidents or situations that occur on the grounds of the facility or that involve an on-duty employee or resident away from the facility:

A) A resident's physical assault on any person where serious injury requires medical treatment.

B) An arrest of a resident.

C) Use of force by an employee, including use of physical force to restrain.

D) A resident's suicide attempt.

E) Any serious illness or injury that requires medical attention.

F) Any unauthorized absence of a resident.

G) Death of a resident.

H) Major property loss or damage.

I) Any serious fire or arson attempt.

J) Any resident or employee action that the facility may refer for prosecution of criminal charges.

K) Other incidents or situations that, in the opinion of the authorized representative, should be reported.

L) Any other incidents or situations that may result in legal action or require an administrative response by the Department.

The authorized representative of the Transitional Housing facility, after immediately informing the Licensing Administrator by telephone of the incident, shall ensure:

A) An initial incident report is completed and transmitted to the Licensing Administrator by the next working day or within 72 hours after the incident if the incident occurs on the weekend. The initial report may be designated as the final report.

B) A progress report or final follow-up report is transmitted to the Licensing Administrator within 15 days after the incident, if applicable. A progress report shall be transmitted to the Licensing Administrator, as additional information is available, but not less frequently than every 90 days after the date of the last report until submission of the final report.

20 Ill. Adm. Code 800.320 Records of Sex Offenders

a) All Transitional Housing facilities shall establish and maintain a file on a current basis for each sex offender resident.

The file shall include, at a minimum, the following applicable information: the sex offender's name, identification number, age, gender, and race or nationality; date of admission to the Transitional Housing facility; risk assessment; treatment and transition plans; treatment attendance; program agreements; releases of information documents; progress reports; reports of program violations; referrals to other agencies, therapists or counselors; record of visitors; date of release from the transition center, address of relocation residence; total number of days in the Transitional Housing facility; and related correspondence.
File entries shall be dated and the source of the information and the author of the entry shall be identified.
Files are confidential and shall be safeguarded from unauthorized and improper access, disclosure, and loss.

A) Files shall be marked "confidential".

B) Access to computerized records shall be controlled and restricted on a need-to-know basis. Security measures shall be taken to ensure the integrity and confidentiality of any computer record.

Whenever a sex offender moves out of the facility, his or her file shall be transferred to the Department. The facility shall retain a copy of some or all of the contents of the file for its records, as needed, for up to five years.
The Department shall have access to files upon request.

b) The Department shall establish and maintain a file on a current basis for each sex offender residing in a Transitional Housing facility. The file shall include, at a minimum, efforts in placing the sex offender in non-transitional housing; efforts to place the offender in the county from which he or she was convicted; the anticipated length of stay of each offender in the Transitional Housing facility; the number of sex offenders residing in the Transitional Housing facility; and the services provided to the sex offender during the residency at the Transitional Housing facility.

20 Ill. Adm. Code 800.330 Security Procedures

a) All licensed Transitional Housing facilities shall maintain a security manual that contains policies and procedures related to the following and is consistent with provisions of this Section. At a minimum the security manual procedures shall include: counts, sex offender residents' outside movement, transportation, contraband control, facility inspection, sex offender and visitor searches, emergency plans, use of force, control of caustics, flammable, and toxic materials, facility program schedule, residential rules, mail, visits, use and storage of security equipment, crisis instructions and suicide prevention, investigations, reporting of unusual incidents, and relationship to local law enforcement.

b) All licensed Transitional Housing facilities shall designate a point of issue for facility keys and security equipment, the point of control of the fire alarm system, staff, sex offender, and visitor sign-ins, and a place for mail.

c) All licensed Transitional Housing facilities shall prohibit sex offender residents from congregating or loitering on the sidewalk or area immediately outside the facility

d) All licensed Transitional Housing facilities shall conduct a security inspection of areas and security devices each week.

The facility shall submit a written report of the shift and weekly inspections to the authorized representative.
The inspections shall be reported on forms that contain, but are not limited to:

A) A list of all items or areas to be inspected and an indication that each item or area was inspected;

B) Any deficiency detected;

C) The name of the staff conducting the inspection;

D) Whether the inspection is a shift or weekly inspection; and

E) The date and time of the inspection.

Areas or items to be inspected shall include, but not be limited to:

A) Living and activity areas;

B) Outdoor areas of the facility;

C) Fences and all perimeter areas;

D) Windows and screens;

E) Grills;

F) Doors and locks; and

G) Video systems, if any.

e) Unusual incidents shall be reported in accordance with Section 800.310. Persons injured in an incident shall be provided with immediate access to medical services.

f) Firearms shall be prohibited within all licensed Transitional Housing facilities, except where the weapon is under the control of law enforcement, parole, or probation officers.

g) All licensed Transitional Housing facilities shall maintain identifying information on any vehicles being routinely operated by a sex offender resident on a regular basis and provide this information to the parole, probation, or other officers or agents of the supervising agency as requested.

h) Additionally, Level I facilities shall have on premises 24 hours per day seven days per week at least one security guard registered in accordance with the Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004 [225 ILCS 447] who shall:

Conduct and document rounds of the facility and perimeter at least every six hours.
Ensure sex offender residents and visitors sign in and out of the facility.
Conduct daily living area inspections.

20 Ill. Adm. Code 800.340 Searches

a) The Department and parole, probation, and other officers or agents responsible for the supervision of the sex offenders residing in a licensed Transitional Housing facility shall be provided access on the premises at any time to perform searches of the sex offenders' living area and common areas.

b) All licensed Transitional Housing facilities shall make available access keys to sex offender rooms and other belongings for the purpose of searching the sex offenders' living area and belongings when a sex offender is not present or is unwilling to cooperate in the search.

c) All licensed Transitional Housing facilities shall post or give prior notice to visitors that visitors and their possessions shall be subject to search upon entry to the facility.

20 Ill. Adm. Code 800.350 Safety and Emergency Procedures

a) Fire Safety

All licensed Transitional Housing facilities shall establish a written fire prevention plan, including at a minimum:

A) Provision for an adequate fire protection service;

B) A system of fire extinguisher inspection and testing of equipment at least quarterly or at intervals approved by the State Fire Marshal;

C) An annual inspection by the State Fire Marshal;

D) Availability of fire protection equipment at appropriate locations throughout the facility; and

E) Monthly inspection.

A comprehensive and thorough inspection of the facility shall be conducted annually or on a schedule approved by the State Fire Marshal to determine compliance with safety and fire prevention standards.
The fire plan shall be reviewed annually and updated as needed.

b) Flammable, Toxic, and Caustic Materials

The use and storage of all flammable, toxic, and caustic materials shall be controlled. These materials must be under direct staff control and be properly stored and secured.

c) Emergency Communications

All licensed Transitional Housing facilities shall provide for a communications system within the facility and between the facility and the community in the event of urgent, special, or unusual incidents or emergency situations.
All licensed Transitional Housing facilities shall establish a written evacuation plan prepared in the event of a fire or a major emergency that shall be approved by the State Fire Marshal. The plan shall be reviewed annually and updated as needed. Revised plans shall be reissued and provided to the State Fire Marshal and to the local fire safety authority. The plan shall include the following:

A) Location of buildings and room floor plans;

B) Use of exit signs and directional arrows for traffic flow;

C) Location of publicly posted evacuation plans; and

D) Monthly drills in all occupied locations of the facility.

d) Emergency Plans

All facility personnel shall be trained in the implementation of written emergency plans.

e) Failure to Return

The facility shall establish a written plan regarding sex offenders who fail to return to the facility. The plan shall insure a timely coordinated response to the situation consistent with public safety. The plan shall be reviewed at least annually and updated as needed.

Chapter II Illinois State Police

Part 1200 General Hearing Procedures

20 Ill. Adm. Code 1200.10 Introduction

The general hearing procedures provide direction for the conduct of review relating to contested case hearings and other contested issues in which the Department may be involved and for which the Department has not adopted more particularized rules. This Part is not intended to and does not create or expand any person's or entity's due process rights that do not otherwise exist.

20 Ill. Adm. Code 1200.20 Definitions

"Department" means the Department of State Police.

"Director" means the Director of State Police or the Director's designee.

20 Ill. Adm. Code 1200.30 Review Procedures

a) An individual who contests a Department action, or contemplated action, for which there is a right to appeal may petition for relief by providing written notice of this intention to the Department.

b) Upon receiving a petition for relief, the Department shall investigate the circumstances surrounding the action; and if the Director is satisfied that substantial justice has not been done, the Director may grant relief. In the event the Director desires additional information concerning the circumstances of the action, the Director may schedule a fact-finding conference with the petitioner or otherwise further investigate.

c) At a fact-finding conference, the petitioner may be represented by counsel or any other person and may present any evidence or information relating to the Department's action.

d) The Director may provide relief as a result of a fact-finding conference or as the result of further investigation.

e) If the Director does not provide relief as a result of the investigation or a fact-finding conference, the petitioner may petition for a hearing.

f) The administrative law judge for contested hearings shall be the Director or an attorney licensed to practice law in Illinois appointed by the Director. The administrative law judge may be disqualified for bias or conflict of interest.

g) The procedures for the hearing shall be as described in Article 10 of the Illinois Administrative Procedure Act [5 ILCS 100/Art. 10] and as ordered by the administrative law judge.

Part 1205 Expungement Procedures

20 Ill. Adm. Code 1205.10 Purpose

The purpose of this Part is to provide requirements and procedures for court ordered expungements received by the Illinois Department of State Police, Bureau of Identification.

20 Ill. Adm. Code 1205.20 Definitions

"Department" means the Illinois Department of State Police.

"Expungement" means to physically destroy the records or return them to the petitioner and to obliterate the petitioner's name from any official index or public record, or both, maintained by the Department.

History

Source: Amended at 41 Ill. Reg. 14112, effective November 2, 2017

20 Ill. Adm. Code 1205.30 Expungement Order Requirements

a) All expungement court orders must contain either the original signature of the issuing judge or the seal and certification of the circuit court clerk.

b) The expungement court orders must contain sufficient information to identify the person whose record is to be expunged. Identification of the subject shall include at least one of the following:

Name, Sex, Race, and Date of Birth;
State Identification Number (SID);
Federal Bureau of Investigation (FBI) Number; or
Chicago Identification Record (IR) Number.

c) The expungement court order must contain sufficient information to identify the specific arrest to be expunged. Identification of the specific arrest shall include at least one of the following:

Date of Arrest, Arrest Charges, and Arresting Agency;
Dates of Arrest and Court Case Number;
Document Control Number of the Arrest to be Expunged; or
Central Booking Number of the Arrest to be Expunged.

d) Each expungement court order must be accompanied by the correct fee.

History

Source: Amended at 41 Ill. Reg. 14112, effective November 2, 2017

20 Ill. Adm. Code 1205.40 Fees

The fee shall be set by the Director of the Department and shall be equivalent to the cost of processing the court order to expunge or seal the record. The fee shall not exceed the general costs for processing these requests. The general costs shall include, but are not limited to, personnel, supervision and training, telephone, electric, equipment, printing, postage, facilities, forms, and miscellaneous related costs. Fees must be in the form of a cashier's check or money order payable to the Illinois State Police.

History

Source: Amended at 41 Ill. Reg. 14112, effective November 2, 2017

20 Ill. Adm. Code 1205.50 Processing of Expungement Orders

The Department shall identify the subject and the arrest to be expunged based upon the information provided pursuant to Section 1205.30. Records to be expunged pursuant to court order will be destroyed. In the event the Department is unable to identify the arrest to be expunged, the Department shall so notify the person seeking the expungement. In the event the Department decides to file a motion to vacate, modify or reconsider the court order, the Department will so notify the person seeking the expungement.

History

Source: Amended at 41 Ill. Reg. 14112, effective November 2, 2017

Part 1210 Individual's Right to Access and Review Criminal History Record Information

20 Ill. Adm. Code 1210.10 Definitions

"Criminal History Record Information" means data identifiable to an individual and consisting of descriptions or notations of arrests, detentions, indictments, information, pretrial proceedings, trials, or other formal events in the criminal justice system or descriptions or notations of criminal charges (including criminal violations of local municipal ordinances) and the nature of any disposition arising therefrom, including sentencing, court of correctional supervision, rehabilitation and release.

"Criminal History Transcript" means a printed record of criminal history record information maintained by the Department with respect to a particular individual.

"Department" means the Illinois Department of State Police.

20 Ill. Adm. Code 1210.20 Procedures

a) Any individual may approach any Illinois law enforcement or correctional facility, licensed fingerprint vendor, or licensed fingerprint vendor agency during regular business hours for the purpose of obtaining the individual's criminal history transcript.

b) In response to a request for a criminal history transcript, the facility, vendor or vendor agency shall obtain fingerprints from the individual and other identification information.

c) Within 5 days after the request, the facility, vendor or vendor agency shall forward to the Department the fingerprints and identifying information.

d) Within 7 days after receiving the fingerprints and identifying information that meet Departmental submission standards via electronic submission or 45 days after receiving the fingerprints and identifying information that meet Departmental submission standards via fingerprint card, the Department shall send the individual's criminal history transcript or, if no criminal history is found, a written statement so stating to the address provided by the individual or to the law enforcement or correctional facility pursuant to subsection (e).

e) The individual may list the address of the law enforcement or correctional facility or his/her place of residence as the address where the criminal history transcript or written statement that no criminal history was found should be mailed. If mailed or transmitted to the facility, the individual shall be notified, within 2 days after the receipt of the criminal history transcript or statement, that no criminal history was found and shall release the document only to the individual. If the document is not retrieved within 45 days after notification to the individual, the facility shall destroy the criminal history transcript or statement that no criminal record was found.

f) This Section will generally become effective for individuals on July 15, 2015. By that time, the corresponding technological changes will have been implemented. However, effective immediately, an individual who initiates the access and review process under this Part by making the request at a law enforcement or correctional facility shall be entitled to obtain a copy of the transcript from that facility under subsection (e).

History

Source: Amended at 39 Ill. Reg. 3431, effective February 23, 2015

20 Ill. Adm. Code 1210.30 Fee

The facility, licensed fingerprint vendor, or licensed fingerprint vendor agency of which the request is made may charge a fee of up to the actual cost of processing the request. This fee may be waived.

History

Source: Amended at 39 Ill. Reg. 3431, effective February 23, 2015

20 Ill. Adm. Code 1210.40 Challenges

a) An individual who believes his or her criminal history transcript is inaccurate may request a correction by submitting a written explanation to the Department.

b) In the event the Department's response is not satisfactory to the individual, the individual may further pursue the matter using the administrative appeal procedures established by the Illinois Criminal Justice Information Authority (see 20 Ill. Adm. Code 1510).

History

Source: Amended at 26 Ill. Reg. 12638, effective August 2, 2002

Part 1215 Illinois Uniform Conviction Information Act

20 Ill. Adm. Code 1215.10 Purpose

The purpose of this Part is to provide requirements and procedures for uniform public access to conviction records.

20 Ill. Adm. Code 1215.20 Definitions

Unless specified otherwise, all terms shall have the meaning set forth in Section 3 of the Illinois Uniform Conviction Information Act [20 ILCS 2635/3].

History

Source: Amended at 22 Ill. Reg. 6234, effective March 23, 1998

20 Ill. Adm. Code 1215.30 Written Request Procedures

a) Requests for conviction information shall be made by completing a Conviction Information Request form provided by the Illinois State Police. These forms shall be made available through the Bureau of Identification, 260 North Chicago Street, Joliet, Illinois 60432-4072. In order to be processed, Conviction Information Request forms shall at a minimum include a complete and accurate mailing address for the requester, an indication of whether the request is for licensing or employment purposes, and the record subject's name, race, sex, and date of birth.

b) If the request is for employment or licensing purposes, the requester shall retain a release on file for at least two years signed by the individual to whom the information pertains. The requester shall notify the individual named in the request that the individual has the obligation and responsibility to notify the requester within seven days if the information provided is incomplete or incorrect. A copy of the response furnished by the Department shall be provided by the requester to the individual named in the request.

c) All requests shall be accompanied by the correct fee as established in Section 1215.50 and paid in the form of a check or money order, unless other payment arrangements are approved by the Department.

History

Source: Amended at 29 Ill. Reg. 14346, effective September 12, 2005

20 Ill. Adm. Code 1215.35 Automated Request Procedures

a) Requests submitted in an automated format shall be made in accordance with record layout formats, software and hardware specifications, or other guidelines suitable for electronic transmission and reception of data by Department equipment.

b) Automated Conviction Information Requests shall at a minimum include the record subject's name, race, sex and date of birth. The requester must also provide a complete and accurate mailing address, e-mail address, or fax number for the requester in order to receive responses. The requester must sign a user's agreement to be provided by the Department.

c) If the request is for employment or licensing purposes, the requester shall maintain a release on file for at least two years signed by the individual to whom the information pertains. The requester shall notify the individual named in the request that the individual has the obligation and responsibility to notify the requester within seven days if the information provided is incomplete or incorrect. A copy of the response furnished by the Department shall be provided by the requester to the individual named in the request.

d) All requests shall be accompanied by the correct fee as established in Section 1215.50 and paid in the form of a check or money order, unless other payment arrangements are approved by the Department.

History

Source: Amended at 29 Ill. Reg. 14346, effective September 12, 2005

20 Ill. Adm. Code 1215.40 Response Procedures

Prior to disseminating conviction information, the Department shall review its inprocess files to ensure that the information to be disseminated is complete. The Department shall forward responses to requests to the requester at the address, e-mail address, or fax number indicated on the Conviction Information Request form.

History

Source: Amended at 29 Ill. Reg. 14346, effective September 12, 2005

20 Ill. Adm. Code 1215.50 Fees

The fees for processing requests for conviction information shall be as follows:

Uniform Conviction Information Act fingerprint

inquiries submitted electronically

$15 per inquiry

Uniform Conviction Information Act electronic

name inquiries

$10 per name

Uniform Conviction Information Act name

inquiries submitted on paper forms

$16 per inquiry

Uniform Conviction Information Act fingerprint

inquiries submitted on paper forms

$20 per inquiry

The fees shall not exceed the general costs for processing requests. The general costs shall include, but are not limited to, personnel, supervision and training, hardware, software, network infrastructure, telephone, electric, equipment, printing, postage, facilities, forms, and miscellaneous related costs.

History

Source: Amended at 29 Ill. Reg. 14346, effective September 12, 2005

Part 1216 Burial Benefit for State Police Officers Killed in the Line of Duty

20 Ill. Adm. Code 1216.10 Introduction

The purpose of this Part is to establish procedures for the payment of burial benefits for State Police officers killed in the line of duty.

20 Ill. Adm. Code 1216.20 Definitions

"Department" means the Department of State Police.

"Killed in the line of duty" means losing one's life as a result of injury received in the active performance of one's duties as a State Police officer, if the death occurs within one year from the date the injury was received.

20 Ill. Adm. Code 1216.30 Procedures

a) Upon written request, supported by related documentation, the Department shall pay directly or reimburse, up to a maximum of $10,000, the burial expenses of each State Police officer who is killed in the line of duty after June 30, 1997, excluding death resulting from the willful misconduct or intoxication of the officer.

b) The payments provided for in this Section shall be paid out of monies appropriated to the Department for the personal services of State Police officers.

c) Payments shall not be made that duplicate benefits received from other sources.

d) Requests for the payment of burial expenses related to deaths that occurred after June 30, 1997 may be submitted until March 1, 2003. After March 1, 2003, payments shall not be made with respect to requests made more than one year after the related death.

Part 1220 Intergovernmental Drug Enforcement Act

20 Ill. Adm. Code 1220.110 Authority

This Part is promulgated pursuant to the Intergovernmental Drug Laws Enforcement Act [30 ILCS 715], which charges the Illinois Department of State Police to establish reasonable rules. Additionally, the Department is charged with coordinating the operations of all MEG Units, conducting those investigations the Director deems necessary to carry out the Department's designated duties under that Act, including the establishment of forms for reporting by each MEG Unit to the Department.

History

Source: Amended at 42 Ill. Reg. 19207, effective October 10, 2018

20 Ill. Adm. Code 1220.120 Definitions

"Act" – The Intergovernmental Drug Laws Enforcement Act [30 ILCS 715].

"Board" – A policy board composed of an elected official, or his/her designee, and the chief law enforcement officer, or his/her designee, from each participating unit of local government to oversee the operations of the MEG and make such reports to the Department as the Department may require.

"Confidential Source" – Any individual, other than law enforcement personnel, who is or whose purpose is to supply intelligence information or services to the MEG Unit, whether paid or not.

"Coordinator" – That person designated to coordinate MEG activities for the Department of State Police.

"Department" or "DSP" – The Illinois Department of State Police.

"Director" – The Director of the Illinois Department of State Police.

"Fiscal Officer" – A designated appropriate elected official of a participating unit of local government to act as the financial officer of the particular MEG and person responsible for receiving and expending funds for the operation of the MEG.

"MEG Director" – That person appointed by a governing board responsible for supervising the day-to-day operations of a particular unit.

"Metropolitan Enforcement Group" or "MEG" – A combination of units of government established through an intergovernmental agreement to enforce the drug laws of this State.

"Monitor" – That person in the Department designated to monitor the MEG Units.

"Shall" – A term used to indicate a mandatory statement.

"Should" – A term used in the interpretation of a standard reflecting the commonly acceptable method, yet allowing for the use of effective alternatives when the standard can be shown to be inappropriate.

History

Source: Amended at 42 Ill. Reg. 19207, effective October 10, 2018

20 Ill. Adm. Code 1220.130 Public Policy

a) Purpose

To the end that the health, safety and welfare of the People of the State of Illinois should be protected from those who would violate the laws regulating the production, sale, prescribing, manufacturing, administering, transporting, having in possession, dispensing, delivering, distribution or use of a controlled substance, as defined in the Illinois Controlled Substances Act [720 ILCS 570], and cannabis, as defined in the Cannabis Control Act [720 ILCS 550], the Department of State Police establishes rules for the purpose of coordinating the operation of all MEG Units and for reporting those activities annually to the Governor and the General Assembly.

b) Adherence to Professional Standards

All MEG personnel and operations shall be conducted in such a way as to bring credit, and not discredit, upon the MEG Unit, the department the individual represents, and the Department of State Police.

c) Discrimination Prohibited

No person operating under this Part shall discriminate against any individual on the basis of race, color, religion, sex or national origin in any manner prohibited by the laws of the United States or the State of Illinois.

d) Interference with Department Staff Prohibited

No person shall hinder, interfere, obstruct or intervene with any inspection or investigation conducted by the Department pursuant to the Act.

e) Notification to the Department

The MEG Director will notify the DSP Director, or his/her designee (Coordinator), and the authority of local jurisdiction by telephone immediately, with follow up in writing within 24 hours after any instance of:

The discharge of weapons in any situation (except in cases of required training);
Complaints of misconduct against the Unit or any individual in the Unit;
Serious injuries sustained by agents or defendants due to an arrest situation.

f) Rights

Each MEG Director and agent shall, in all cases of action by agents of his/her Unit, insure that each person confronted or arrested by a member of his/her Unit receives those privileges afforded by the laws and Constitutions of the United States and the State of Illinois.

g) Information

The Director may request and will receive all information written or oral that he/she deems necessary to evaluate the MEG Units.

h) Standards of Conduct

The MEG Director and his/her agents shall adhere to the Department's established standards of conduct as provided.

History

Source: Amended at 42 Ill. Reg. 19207, effective October 10, 2018

20 Ill. Adm. Code 1221.110 Annual Report

a) Annual reports are required of all participating agencies that:

seize property subject to reporting under the Act; or
receive proceeds from forfeitures subject to reporting under the Act (Section 10(b) of the Act); or
have forfeited property awarded by the Director to their agency for official use under the Act.

b) Annual reports shall be filed with the Department no later than 60 days after December 31 of that year, through its asset forfeiture reporting system on its official website at https://ilspafjweb.isp.illinois.gov/spafjweb.

c) ISP Form 2-691, Asset Forfeiture Annual Report form, which the Department shall make available on its official website at: https://forms.office.com/g/7KCzMCWhpD.

Chapter II Illinois State Police

Part 1220 Intergovernmental Drug Enforcement Act

20 Ill. Adm. Code 1220.210 Planning and Execution of an Operation

a) General

The MEG Director or his designee is responsible for overseeing the planning and execution of any operation which may involve forced entry.

b) Notifications

The MEG Director or his designee must notify the local police agency of venue that there is an anticipated raid and should request its assistance unless unforeseen exigencies do not permit time to do so or the MEG Director believes an unusual consideration makes that procedure unwise.

c) Duties

The MEG Director or his designee is responsible for providing in detail:

Clear lines of authority, accountability and individual duty assignments;
Thorough familiarization with the premises, persons and circumstances which might be expected or encountered in any enforcement activity;
Coordination with local law enforcement agencies;
Any other reasonable circumstances not enumerated.

d) Unauthorized Persons Prohibited

Unless specifically approved by the MEG Director, no one other than law enforcement personnel (except confidential sources) shall be present during any surveillance, search, seizure and/or arrest operation.

History

Source: Amended at 5 Ill. Reg. 6450, effective June 3, 1981

20 Ill. Adm. Code 1220.220 Confidential Sources

a) General

Confidential sources are to be utilized to achieve their full potential value to the Unit. They shall not be considered for the exclusive use of the agents who developed the individual as a source of information.

b) Identification of Confidential Sources

For internal record keeping purposes, all confidential sources will be identified, using Department guidelines. As used in this Section, however, "identification" of confidential sources does not necessarily imply disclosure to entities outside the Department and the relevant MEG Unit. Disclosure to those entities shall also be governed by the applicable Department guidelines.

c) Juveniles

No juvenile will be used or receive any money as a confidential source without written approval of his/her parent or guardian and the MEG Director.

d) Illegal or Improper Activity

In all cases in which the confidential source's activity is suspected of being illegal or improper, the MEG agents shall conduct an investigation and report the results to the appropriate authority.

e) Reports

MEG Directors shall make available to the Department information summarizing the activity of the confidential source. Included shall be records of all monies paid and a recommendation for continued or discontinued utilization.

f) All information in the confidential source file shall remain confidential and may not be disclosed unless prescribed by law.

History

Source: Amended at 42 Ill. Reg. 19207, effective October 10, 2018

20 Ill. Adm. Code 1221.210 Noncompliance

a) The Department's Asset Forfeiture Section will perform compliance checks on up to 5% of all participating agencies each year.

b) If the Department's Asset Forfeiture Section deems a participating agency to be non-compliant with subsection (c) based upon a compliance check, the Director may:

Order property that was previously awarded under this Act to be returned to the Director; or
Sanction the non-compliant participating agency with a goal of remedying any non-compliant activity.

A) Sanctions may include but are not limited to:

i) remedial education;

ii) additional training;

iii) additional mandatory reporting requirements;

iv) delay in distribution of forfeited property pending compliance;

v) extinguishing the participating agency shares of un-distributed or seized but not yet forfeited property;

vi) suspension from the program; and

vii) removal from the program.

B) Non-compliant agencies removed from the program may be ordered to:

i) return all awarded property, any property purchased with forfeited funds, and any forfeited funds held by the participating agency as of the date of the removal from the program; and

ii) terminate any contracts involving the use of forfeited funds or cease using such funds for future payments under the contract if not terminated.

c) Non-compliance may include but not be limited to any of the following:

violating the Act or this Part;
disobeying or disregarding an order or directive of the Director regarding the program;
use of forfeited funds or property inconsistent with:

A) the Act, which allows for funds to be used for:

i) crime, gang, or abuse prevention or intervention programs;

ii) compensation or services for crime victims;

iii) witness protection, informant fees, and controlled purchases of contraband;

iv) salaries, overtime, and benefits, as permitted by law;

v) operating expenses, including but not limited to, capital expenditures for vehicles, firearms, equipment, computers, furniture, office supplies, postage, printing, membership fees paid to trade associations, and fees for professional services including auditing, court reporting, expert witnesses, and attorneys;

vi) travel, meals, entertainment, conferences, training, and continuing education seminars; and

vii) other expenditures of forfeiture proceeds.

B) Article 36 of the Criminal Code of 2012 [720 ILCS 5/36-1], the Illinois Streetgang Terrorism Omnibus Prevention Act [740 ILCS 147/1], the Drug Asset Forfeiture Procedure Act [725 ILCS 150/1], the Illinois Food, Drug and Cosmetic Act [410 ILCS 620/3.23], the Narcotics Profit Forfeiture Act [725 ILCS 175U/1], the Cannabis Control Act [720 ILCS 550/1], and the Illinois Controlled Substances Act [720 ILCS 570/100], which allow for funds to be used for:

i) the enforcement of laws governing cannabis and controlled substances;

ii) public education in the commuity or schools in the prevention or detection of the abuse of drugs or alcohol; or

iii) security cameras used for the prevention or detection of violence;

C) the money laundering [720 ILCS 5/29], the financial institution fraud [720 ILCS 5/17-10.6], the street gang and racketeer influence and corruption [720 ILCS 5/33G-6] provisions of the Illinois Criminal Code of 2012, which allow for funds to be used for the enforcement of these laws;

D) the Environmental Protection Act [415 ILCS 5/44.1], which allows for funds to be used for the enforcement of the environmental protection laws of this State;

E) the Herptiles-Herps Act [510 ILCS 68/105-55], the Fish and Aquatic Life Code [515 ILCS 5/1-215], and the Wildlife Code [520 ILCS 5/1.25], which allow for funds to be deposited in the Wildlife Preservation Fund; or

F) the gambling and related offenses [720 ILCS 5/28-5] provisions of the Illinois Criminal Code of 2012, which allow for funds to be deposited in the general fund of the county wherein such seizure occurred;

failure to timely submit to the annual reporting requirement;
negative audit or compliance check findings; or
failure to cooperate with an audit or compliance check.

d) Participating agencies may appeal a finding of noncompliance by submitting documentation to the Department's Asset Forfeiture Section for further review by the Director or the Director's designee.

Within 30 days of receiving notice from the Department of non-compliance, the participating agency shall provide written responses to the findings. The audited entity's response options are:

A) "Concur" – the participating agency agrees with the finding.

B) "Do not concur" – the participating agency does not agree with the finding.

The response will also include a corrective action plan and an estimated completion date of the corrective action.

A) If corrective action is impeded by fiscal or staffing issues outside of participating agency's control, the use of compensating controls should be considered until appropriate resources are allocated.

B) If a conference is requested, Asset Forfeiture staff will meet with the appropriate management/command to discuss the findings.

C) Once Asset Forfeiture staff and the participating agency agree on the findings, the participating agency will then provide a written response for each finding.

All written communication shall be sent to:

Illinois State Police

Asset Forfeiture Section

801 South Seventh Street, Suite 700-A

Springfield, Illinois 62703

Chapter II Illinois State Police

Part 1220 Intergovernmental Drug Enforcement Act

20 Ill. Adm. Code 1220.310 Records

a) Procedure

Every MEG Unit must maintain the following:

Records that fully disclose the total receipts and expenditures of the MEG Unit.
Records that fully disclose the disposition of all Department funds for the MEG Unit.
Records that fully disclose the amount of money and/or in-kind match provided for the MEG Unit by sources other than the Department.
Any other records requested by the Department to facilitate an effective audit.

b) Accounts

MEG Units accounts shall be maintained in conformity with the category and subcategory detail shown in the detailed budget submitted. The MEG Unit may make allotments and account expenditures in further subcategory detail if so desired, and an account will be maintained for each such allotment.
Expenditures shall be recorded in a formal account. The record of expenditures may be maintained in the agency's regular accounts if the expenditures are clearly identified in those accounts and memorandum records are maintained that separately identify the expenditures.

c) Recording of Receipts and Expenditures

Accounting procedures must provide for an accurate and timely recording of receipt of funds by source, of expenditures made from the funds, and of unexpended balances. Controls must be set up to ensure that expenditures charged to MEG activities are for allowable purposes and that documentation is readily available to verify that those charges are accurate.

d) Intermediate Records

Intermediate or secondary records, such as ledger cards, weekly or monthly cost summaries, cost analysis reports, letters of justification, or technical cost appraisals, are not supporting records and cannot be used in place of the supporting records. For purposes of audit, expenditures shall be supported by both the supporting records and intermediate records.

e) Supporting Records (Documentation)

Supporting records are the original or source records and documents that evidence expenditures made and that underlie the accounting transactions. Daily time records and payroll records evidencing labor costs, invoices for purchases of capital equipment and supplies or services, computations that show the method used in allocating indirect costs, authorizations to perform or discontinue work, change orders to the scope of the work, and similar documents and records serve as supporting records.

f) Responsibility

Each MEG Unit is required to maintain, or cause to be maintained, all records (including source documentation) relating to programs undertaken as evidence of costs incurred. It is the responsibility of the MEG Unit to assure that an accounting system is in effect that conforms to generally accepted accounting principles and that fully discloses the amount and disposition of the State funds, the amount and disposition of the matching contributions, and such other records as will facilitate an effective audit. It is also the responsibility of the MEG Unit to assure that procedures are established and supporting documentation is developed to substantiate allowable costs.

g) Maintenance of Records

MEG Units are expected to insure that records of each fiscal year are separately maintained and that the information required can be readily located. The MEG Units are also obliged to protect records adequately against fire or other damage. When records are stored away from the principal office, a written index of the location of records stored should be on hand and readily accessible. The records should be maintained in an orderly manner and must be available for audit purposes.

h) Retention of Records

Financial records of the MEG Unit, including books of original entry, source documents, the general ledger, subsidiary ledgers, personnel and payroll records, cancelled checks, and related documents and records must be retained for a period of 5 years or the period of time required by the Secretary of State's Local Records Commission (see 44 Ill. Adm. Code 4400), whichever is greater. The retention period starts from the date of the submission of the final expenditure report or ending date of the fiscal year, whichever is later. The 5-year retention period is qualified as follows:

A) Records for non-expendable property acquired with project funds shall be retained for 5 years after final disposition of that property.

B) Records must be retained beyond the 5-year period if an audit is in progress and/or the findings of a completed audit have not been resolved satisfactorily. If an audit is completed and the findings are resolved prior to the 5-year period, records will still be retained until the end of the 5-year period.

C) The Department may request transfer of certain records to its custody from local governments when it determines that the records possess long term retention value.

Program records of the MEG Unit must be retained for a period of 5years. Program records are all records other than financial.

A) The retention period starts from the date of the submission of the final expenditure report or ending date of the fiscal year, whichever is later.

B) However, records must be retained beyond the 5-year period if an audit is in progress and/or the findings of a completed audit have been resolved satisfactorily. If an audit is completed and the findings are resolved prior to the 5-year period, records will still be retained until the end of that 5-year period.

No record of the MEG Unit may be destroyed or otherwise disposed of unless the State Archivist or the Secretary of State's Local Records Commission has been notified and has given the MEG Unit written approval, as required by the Local Records Act [50 ILCS 205]).

i) Department's Fiscal Report

A Fiscal Report will be submitted to the Department by the 30th day following the end of each fiscal quarter, reporting State and local expenditures. Obligations will be reported that are unliquidated at the end of the quarter. All obligations not liquidated by the end of the lapse period will become the responsibility of the local participants. The MEG Unit fiscal year shall commence July 1 and close June 30.

History

Source: Amended at 42 Ill. Reg. 19207, effective October 10, 2018

20 Ill. Adm. Code 1220.320 Matching Contributions

Requirements

The following subsections set forth local matching contribution requirements.

a) All MEGs requesting Department funds must be prepared to provide at least 50 percent of the total fiscal year project cost.

b) Matching cost contributions can be from local or private sources and shall consist of the following:

Cash match from funds appropriated by units of local government, or cash from private and not-for-profit organizations, donations and contributions.
In-kind resources (services, equipment, goods or facilities).

c) Assets and equipment acquired under Illinois Criminal Justice Information Authority grants may not be provided as match.

History

Source: Amended at 42 Ill. Reg. 19207, effective October 10, 2018

20 Ill. Adm. Code 1220.330 Administrative Policies

a) General

To be allowable, costs must meet the following general criteria:

Be necessary and reasonable for proper and efficient administration of the program, be allocable to the program under these principles, and, except as specifically provided in this Section, not be a general expense required to carry out the overall responsibilities of local governments.
Be authorized by, or in conformity with, local laws or regulations.
Conform to any limitations or exclusions set forth in this Part or other governing limitations as to types or amounts of cost items.
Be consistent with policies, regulations and procedures that apply to the unit of government of which the MEG is a part.
Be accorded consistent treatment through application of generally accepted accounting principles appropriate to the circumstances.

b) Conflict of Interest

No official or employee of any MEG Unit shall knowingly participate personally in any matter in which Department funds are used or in which an immediate family member, partner, or any person or organization with whom he/she is negotiating or has any arrangement concerning prospective employment, has a financial interest.
No MEG Unit shall employ a former Department employee for any purpose directly or indirectly connected with the administration, operation or evaluation of a Department funded MEG Unit without prior written approval of the Director.
In the use of Department funds, any official or employee of the unit of local government or a non-government grantee shall avoid any action that might result in, or create the appearance of:

A) Using his/her official position for private gain.

B) Giving preferential treatment to any person.

C) Losing complete independence or impartiality.

D) Making an official decision outside official channels.

E) Affecting adversely the confidence of the public in the integrity of the government or the program.

c) Reporting Irregularities

The MEG Director is responsible for reporting promptly to the Department the nature and circumstances surrounding any financial irregularities discovered. Failure to report known irregularities can result in suspension or other remedial action.

d) Program Income

Definition. Program income represents earnings by the MEG Unit realized from the State-supported activities. Program income includes, but is not limited to, interest earned, income from service fees, sale of commodities, usage or rental fees, restitution, and seized funds or assets.
Disposition of Program Income.

A) Interest income earned, restitution, and seized funds and assets shall be retained by the MEG Unit to be utilized in the MEG Program as matching funds.

B) All other program income requires the approval of the Department prior to its use or disposal.

e) Minutes of Meetings

The proceedings of all Supervisory, Advisory, Ad Hoc and Executive committees or commissions should be recorded as official minutes and maintained by the MEG Unit. Copies of the official minutes shall be forwarded to the Department MEG Coordinator. The minutes should be made available to the general public when mandated by law or Department staff.

History

Source: Amended at 42 Ill. Reg. 19207, effective October 10, 2018

20 Ill. Adm. Code 1220.340 Audits

a) Annual Audit

The Department shall have an audit of the MEG units conducted by a certified public accounting firm selected pursuant to this Section. The audits shall be submitted to the Department by December 31 for the fiscal period having ended June 30 of the previous year.

b) Selection of Auditor

The Department shall select the auditing firm from those who have submitted bids. Prior to selecting the auditing firm, the Director shall refer the bids to a committee comprised of members of the Department representing the Office of Internal Auditing; the Division of Administration, Bureau of Fiscal Management; the Division of Criminal Investigation; and such other members as the Director determines are appropriate based upon their experience and qualification.
The Committee shall consider the following criteria in order of rank of importance in recommending an auditing firm to the Director.

A) Time Frame for Completion

i) All field work will begin September 1, and must be completed within 60 days.

ii) A draft report must be prepared and filed with the Director within 35 days of the completion of subsection (b)(2)(A)(i).

iii) A final report shall be filed with the Director no later than December 31.

iv) In no event may the time for completion of the requirements of this subsection (b)(2)(A) exceed 120 days.

B) Reputation and Experience of the Firm

i) The firm shall provide the Department with evidence of its license and good standing with the Department of Financial and Professional Regulation.

ii) The firm shall provide the Department with evidence that its personnel assigned to the audit are familiar with, and experienced in, conducting governmental audits involving grant programs.

iii) The firm shall identify preliminary areas of problems and difficulties and a description of potential methods to solve those problems.

C) Cost

The cost of the audit shall be limited to professional services and administrative costs which shall be reimbursed as follows:

i) 75 percent upon completion of the draft report; and

ii) 25 percent upon acceptance of the final report by the Department.

c) Audit Scope

Each audit shall consist of a financial and compliance component of the MEG operations. Each audit shall consist of two components with coverage of at least those items listed in this subsection (c). The scope of review shall be broad enough to include expenditures and activities of MEG units with unique operations. The time frame of the examination shall be the Department's Fiscal Year including an additional 90 days in which expenses for obligations incurred during the fiscal year shall be paid.

Financial Examination

The examination shall include, on a test basis, a review of the receipts and expenditures of State and local funds, including any necessary supporting documentation. The requirements of Subpart C should be considered in conducting this financial review, and the review shall render an opinion on the financial statements, which are to be presented on the accrual basis.

Compliance Review

The compliance review shall consist of an examination of documentation to determine if there has been adherence to State and local regulations concerning the allowability of receipts and expenditures, such as the prohibition of payment for unauthorized travel. A paragraph attesting to that compliance, or non-compliance, shall be included in the report. The audit shall consider:

A) Development of necessary plans and concepts for the MEG operations (see Sections 1220.210, 1220.220, 1220.320 and 1220.350);

B) Management policies, procedures and controls to promote efficient and effective operations, and assure that accurate records have been generated from the MEG operations (see Sections 1220.310, 1220.320, 1220.330, 1220.350, 1220.360, 1220.370 and 1220.390);

C) The expenditure of State and matching funds to ensure that they are properly recorded and controlled, are expended for the purposes agreed upon, and have been properly reported (see Sections 1220.310, 1220.320, 1220.350, 1220.360 and 1220.390);

D) Non-financial resources, such as custody, utilization and control over property, equipment and supplies (see Section 1220.380).

History

Source: Amended at 42 Ill. Reg. 19207, effective October 10, 2018

20 Ill. Adm. Code 1220.350 Budget

a) Personnel

Written personnel policies are required and will include work hours to be maintained by employees, vacation and sick leave allowances, payment of accrued vacation at the end of employment, and overtime. The policies should also set forth employee benefits and information related to pay increases, promotions, and all other pertinent personnel policies and regulations.
Amounts charged for personnel services must be based on payrolls documented and approved in accordance with the generally accepted practice of the local agency. Payrolls must be supported by time and attendance records for individual employees. These records must demonstrate the days and hours worked on the MEG Unit.
Dual compensation is prohibited (i.e., the individual may not receive increased compensation from a second source for the same unit of work done at the same time).
The salaries and job titles of individuals must be outlined in an approved budget.
Appropriated State money cannot be used to pay the salaries of local and county sworn agents, with the exception of the Unit Director, unless prior approval from the Department is obtained. Determination will be made in accordance with existing resources or other relevant data.

b) Equipment

Equipment must be outlined in the approved budget and be necessary.

c) Consultants (Professional Services)

The requirement of professional services with respect to arrangements with individuals, other government units and non-government organizations or consultants needs prior approval by the Department.

d) Other Contractual

Other contractual costs may include the costs of utilities, equipment, rentals, evaluation and facilities. These are considered as "other contractual" in that they generally are incurred as a result of an agreement, letter of intent, contract or lease.

e) Travel

Travel costs are allowable for expenses for transportation, lodging, subsistence and related items incurred by employees who are on official business incident to a MEG program. These costs may be charged on an actual basis, on a per diem or mileage basis in lieu of actual costs incurred, or on a combination of the two, provided the method used is applied to an entire trip, and results in charges consistent with those normally allowed in like circumstances in non-State sponsored activities. The difference in cost between first-class air accommodations and less-than-first-class air accommodations is not allowable except when less-than-first-class air accommodations are not reasonably available. Meals may not be claimed if travel is within the city of the employee's assigned MEG headquarters.
Foreign Travel. Foreign travel is defined as any travel outside of Canada and the United States and its territories and possessions. Foreign travel costs are allowed only when the travel has received specific prior approval from the Department or MEG Policy Board.

A) Foreign travel costs for Department employees are allowed only when each specific foreign trip has received specific prior approval by the Department.

B) Foreign travel costs for non-Department MEG employees are allowed only when each separate foreign trip has received specific prior approval by the relevant MEG Policy Board.

Expenses between the employee's residence and headquarters are not allowable charges.
Travel costs must be supported by travel vouchers that contain dates, places, and purposes of travel. Motel or hotel bills and train or airplane ticket receipts must support these charges. State and Department travel regulations must be complied with.

f) Commodities

Commodities include supplies and materials. The cost of materials and supplies necessary to carry out MEG operations is allowable. Purchases made specifically for the MEG program should be charged to that program at their actual prices after deducting all cash discounts, trade discounts, rebates, and allowances received by the MEG Unit. Withdrawals from general stores or stockrooms should be charged at cost under any recognized method of pricing consistently applied. Incoming transportation charges are a proper part of material costs. All purchases of commodities must be supported by purchase orders, invoices or cancelled checks with vouchers supporting the amounts.

g) Other Allowable Costs

Conferences, lunches or dinners, reimbursement for which are limited by the Department of Central Management Services' Travel Regulations, to the extent that the funds are State appropriated.
Confidential expenditures. Confidential expenditures are payments to informants, purchases of materials as evidence (narcotics), or other uses as may be required by law enforcement personnel working in an undercover capacity as provided in Section 1220.390.

h) Unallowable Costs

Bad Debts. Any losses arising from uncollectible accounts and other claims and related costs.
Contingencies. Contributions to a contingency reserve or any similar provision for unforeseen events.
Contributions and Donations.
Entertainment. Costs of amusements, social activities, and incidental costs relating to those activities, such as meals, beverages, lodging, rentals, transportation, and gratuities.
Fines and Penalties. Costs resulting from violations of, or failure to comply with, federal, State, and local laws and regulations.
Interest and Other Financial Costs. Interest on borrowings (however represented), bond discounts, cost of financing and refinancing operations, and related legal and professional fees.
Inappropriate Expenditures. Expenditures not related to the program purpose or unreasonable as to cost benefits derived.
Purchase of Unit Owned Equipment. Program funds may not be used to provide reimbursement for the purchase price of equipment already owned by the Unit unless specifically approved by the Department based upon economic need of the Unit and availability of resources of the Unit.
Pre-Award Costs. Award costs incurred after the funding period termination or prior to award.
Indirect Costs. The Department shall not allow reimbursement of Department funds for the indirect costs of preparing an application in the awarding of any funding. The intent of this policy is to concentrate the use of State funds on crime control activities.

i) Costs Requiring Prior Department Approval, When Department Funds Will Be Expended. If the MEG Unit has a Fiduciary Agreement, those rules will be followed for procurement. Otherwise, subsection (i) shall be followed. In the event of conflict between a MEG Unit's Fiduciary Agreement and subsection (i), subsection (i) shall control.

Office space or other space rental when rent is in excess of $7.00 per square foot.
Remodeling or alterations to real property in excess of $1,500.
Purchases with a cost greater than the small purchase threshold as determined by the Chief Procurement Officer for General Services (CPO-GS).
Management studies to improve Unit effectiveness and efficiency.
Pre-agreement costs or costs incurred prior to the beginning of a new fiscal period.
Indirect Cost Plans.
Foreign Travel. Defined as travel outside of the United States or its possessions and Canada.
Sole Source Purchases greater than the small purchase threshold as determined by the CPO-GS.
Fixed fee contracts in excess of $1,500.
Consultant fees.
Salaries paid by State appropriated money for sworn agents, with the exception of the Unit Director.

History

Source: Amended at 42 Ill. Reg. 19207, effective October 10, 2018

20 Ill. Adm. Code 1220.360 Fund Disbursements

a) Cash Advances

The MEG Unit shall be reimbursed for expenses incurred upon submission of the Fiscal Report. The Department recognizes that, in some instances, the Unit may not possess sufficient local financial resources to support the Unit on a reimbursable basis and that individual units may require cash advances for anticipated operational costs. Consequently, the MEG Unit may request a cash advance to cover projected costs for a subsequent fiscal quarter. These requests must be in writing and should include the purpose of the proposed expenditure and the reasons necessitating the advance.

b) Sanctions

Those MEG Units not submitting Fiscal Reports will be sent a late notice via e-mail to the MEG contact and will have 30 days to respond. If no response is received to the first late notice, a second late notice will be sent via e-mail and will state that, unless a Fiscal Report is received within 15 days, disbursement of funds will be suspended and a request to return any unspent funds will be sent.
Should no response be received to the second late notice, a registered letter will be sent to the MEG Director and the responsible authorized official notifying them of the suspension. In order to activate the suspended funds and to keep any unspent funds, a written response will be required of the policy board to include explanation of deficient reporting, corrective action to be taken, and a current Fiscal Report.
If the action required to activate a suspension is not taken within 45 days, then appropriate measures will be taken to terminate funding and recover any unspent funds.

History

Source: Amended at 42 Ill. Reg. 19207, effective October 10, 2018

20 Ill. Adm. Code 1220.370 Accounting Standards

a) Financial Responsibility

Accounting records should provide the information needed to separately identify the receipts and expenditures of State and other matching funds.
Entries in accounting records should refer to subsidiary records and/or documentation that supports the entry and that can be readily located.
The accounting system should provide accurate and current financial information.
The accounting system should have an adequate system of internal controls to safeguard the funds and assets covered, check the accuracy and reliability of accounting information, and promote operational efficiency.

b) Internal Control

While it is recognized that many MEG Units have limited staffs, sound internal control requires a certain minimum separation of financial duties. Therefore, no one individual may control all of the following activities:

A) Authorization to initiate expenses, purchase orders, etc.

B) Approving vouchers for payment.

C) Signing checks.

D) Recording transactions in books of account.

E) Responsibility for physical custody of vouchers, payroll records, cancelled checks, and books of account.

All MEG Units are required by this subsection (b)(2) to establish a pre-voucher review in order to assure proper payment of funds. The person who signs the checks must assure himself/herself by review of the accompanying voucher, time sheet, or any other reasonable means that payment is correct. The person who initials and/or approves a voucher for payment may not be the sole signer of the check paying for those goods nor may he/she be delegated the entire pre-voucher review responsibility. Financial officers have the responsibility and authority to disallow payment of expenditures made contrary to the requirements of this subsection (b)(2).
Financial activities should be separated into the following functions and each should be performed by a different individual:

A) Initiating expense and approving payment.

B) Disbursing funds or signing checks.

C) Recording transactions into books of account.

All MEG Units are required to have an annual audit performed by a Certified Public Accountant.

c) Contractual Responsibility

The MEG Unit is the responsible authority, without recourse to the Department, regarding the settlement and satisfaction of all contractual and administrative issues arising out of procurements entered into in support of the MEG Unit. Matters concerning violation of law are to be referred to such local, State or federal authority as may have proper jurisdiction.

d) Procurement Requirements

The requirements outlined in this subsection (d) represent minimum State standards for the procurement of goods and services with Department funds; MEG Units may use their own applicable local rules and regulations if those standards meet or exceed the following:

The MEG Unit shall develop or maintain a code of conduct, in addition to the Department rules of conduct, which shall govern the performance of its officers, employees, or agents in contracting with or expending Department funds. To the extent permissible by State or local law, rules or regulations, these standards shall provide for penalties, sanctions or disciplinary actions to be applied for violations of these standards. Officers, employees or agents of the MEG Unit shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors or potential contractors.
All procurement transactions, regardless of whether negotiated or advertised and without regard to dollar value, shall be conducted in a manner so as to provide maximum and free competition. The MEG Director should be alert to organizational conflicts of interest or non-competitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade.
Proposed procurements shall be reviewed by MEG officials to avoid purchasing unnecessary or duplicative items. When appropriate, a lease vs. purchase analysis shall be conducted by the Unit to determine the most economical and practical procurement. A lease vs. purchase analysis is required for any acquisition of automatic data processing equipment. The analysis must be provided to the Department prior to procurement.
All procurements in excess of $20,000 shall contain suitable provisions for termination by the MEG Unit, including the manner by which termination will be effected and the basis for settlement. The provisions shall include conditions under which the contract can be terminated for default, as well as conditions under which the contract can be terminated because of circumstances beyond the MEG Unit's or the contractor's control.
All procurements in excess of $20,000 shall include provisions for compliance with federal Executive Order No. 11246 entitled "Equal Employment Opportunity" as amended by Executive Order No. 11375, as supplemented by U.S. Department of Labor regulations (41 CFR 60). Each contractor shall be required to have an affirmative action plan that declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age and that specifies target goals and target dates to assure implementation of that plan. The MEG Unit shall establish procedures to assure compliance with this requirement by contractors and to assure that suspected or reported violations are promptly investigated. The MEG Unit shall require the contractor to insert this provision in all subcontracts and subgrants in excess of $20,000.
Procurement records for purchases in amounts in excess of the small purchase threshold determined by the CPO-GS shall include, as a minimum, the following information:

A) Justification for use of negotiation in lieu of public advertising (if applicable) and the basis for the cost of price negotiation.

B) A copy of the advertisement and related document upon which the contract was awarded.

C) A copy of the purchase agreement and any modifications to that agreement.

Contracts shall be made only with responsible contractors who possess the ability to perform successfully under the terms and conditions of the proposed agreement. Consideration shall be given to such matters as contractor integrity, record of past performance, financial and technical resources and accessibility to other necessary resources.
Contracts shall contain provisions or conditions that will allow for administrative, contractual or other remedies in instances in which contractors violate or breach contract terms. The provisions of the contract shall provide for such sanctions and penalties as may be appropriate.
A cost plus percentage of the cost purchase agreement shall not be used.
The MEG Unit shall recognize minority and small business concerns when contracting with Department funds.

e) Invitations for Bids

Formal advertising with adequate purchase descriptions, sealed bids and public bid openings shall be the required method of procurement unless otherwise authorized. When advertised bids are received, the contract award must be made to the lowest responsive, responsible bidder, considering price and factors affecting price. (The factors may be discounts, transportation costs, or taxes.) Invitations for bids shall clearly set forth all requirements the bidder shall fulfill in order for his/her bid to be evaluated by the MEG Director. A fixed price purchase must result from the award after bid selection.

f) Negotiated Procurements

Procurements may be negotiated if it is impractical or unfeasible to use formal advertising. The MEG Unit shall attempt, however, to secure the maximum competition possible in all negotiated procurements. Generally, procurements may be negotiated if:

Public exigency/emergency will not permit the delay incident to formal advertising.
The material or service to be procured is available from one person or one firm.
The aggregate amount of the procurement does not exceed the small purchases threshold as determined by the CPO-GS.
The contract is for personal, professional or artistic services, or for any service to be rendered by a university, college or other non-profit educational institution.
No acceptable bids have been received after formal advertising.
The procurement involves use of State or local existing contracts that were originally entered into on a competitive basis.
The purchases are for:

A) highly perishable materials or medical supplies;

B) material or service for which the prices are established by law;

C) technical items or equipment requiring standardization and interchangeability of parts with existing equipment;

D) experimental, developmental or research work;

E) supplies purchased for authorized resale; and

F) technical or specialized supplies requiring substantial initial investment for manufacture.

Formal advertising may expose the MEG Unit and hinder the MEG agents and the MEG Unit in carrying out drug law enforcement.

g) Special Considerations

All procurements in excess of the small procurement threshold determined by the CPO-GS that are entered into without competition must receive prior Department approval. The MEG Unit shall provide a complete justification indicating the reasons that preclude formal competition and a copy of the proposed purchase agreement.
Equipment required for MEG operations should be purchased only after determination by responsible officials that no other equipment owned by the Unit is available for the effort.
Funds should not be used to provide reimbursement for the purchase price of equipment already owned by the Unit. This does not apply to equipment owned by a State or local government central purchasing department and held in stock available for issuance and sale to the MEG Unit or other government offices.
The MEG Unit shall include provisions, as appropriate, to preclude late delivery of equipment by contractors. These provisions may include penalty clauses and contract bonds. If it becomes evident that the contractor will be delinquent in fulfilling projected delivery schedules, the MEG Unit shall notify the Department immediately.

h) Construction Programs

Any MEG project that involves the erection, acquisition, expansion or repair of new or existing buildings or other physical facilities is a construction program and requires prior approval by the Department.

History

Source: Amended at 42 Ill. Reg. 19207, effective October 10, 2018

20 Ill. Adm. Code 1220.380 Use of Property

a) Definitions

Excess Property. Excess property means property, under the control of any agency, that is no longer required for the Unit's needs.
Expendable Personal Property. Expendable personal property refers to all tangible personal property other than non-expendable property.
Non-expendable Personal Property. Non-expendable personal property means tangible personal property having a useful life of more than one year and an acquisition cost of $100 or more per unit. The MEG Unit may use its own definition of non-expendable personal property provided that definition would at least include all tangible personal property as defined in subsection (a)(4).
Personal Property. Personal property means property of any kind except real property. It may be tangible (i.e., having physical existence) or intangible (i.e., having no physical existence), such as patents, inventions and copyrights.
Real Property. Real property means land, land improvements, structures and appurtenances thereto, excluding movable machinery and equipment.

b) Real Property

Real property acquisition requires prior approval by the Department.

c) State-Owned Non-expendable Personal Property

Unless statutory authority to transfer State property has been granted to the MEG Unit, title to Department/MEG owned property shall be reported to the Department for further agency use or, if appropriate, for reporting to Central Management Services for other State agency use. Appropriate disposition instructions will be issued to the MEG Unit after completion of agency review.

d) Property Control

Property records shall be maintained accurately and provide for:

A) a description of the property;

B) manufacturer's serial number or other identification numbers;

C) acquisition date and cost;

D) source of the property;

E) location, use and condition of the property; and

F) ultimate disposition data, including sales price or the method used to determine current fair market value if the MEG Unit reimburses the donator for its share.

A physical inventory of property shall be taken and the results reconciled with the property records at least once every 2 years to verify the existence, current use, and continued need for the property.
A control system shall be in effect to insure adequate safeguards to prevent loss, damage or theft of the property. Any loss, damage or theft of non-expendable property shall be investigated and fully documented.
Adequate maintenance procedures shall be implemented to keep the property in good condition.

History

Source: Amended at 42 Ill. Reg. 19207, effective October 10, 2018

20 Ill. Adm. Code 1220.390 Confidential Expenditures

a) The confidential expenditures budget is subject to prior approval by the Department, if Department funds are expended. The confidential expenditures budget would be used for payment to informants, purchase of materials as evidence (such as narcotics), or other uses as may be required by law enforcement personnel working in an undercover capacity. Such an approval will be based on a finding that it is necessary and reasonable for proper and efficient administration of the MEG Unit.

b) The funds authorized will be controlled by a bonded cashier.

c) Authorization for Information

The MEG Director to which the fund is assigned must authorize all advances of funds up to $1,000 to agents or officers for the purchase of information. Advances and payments in excess of $1,000 must be approved by the chairman of the Board. The authorization must specify the information to be received, the amount of expenditures, and assumed name of informer.
There must be maintained by the MEG Unit confidential files of the true names, assumed names, and signatures of all sources to whom payments of confidential expenditures have been made. To the extent practicable, pictures and/or fingerprints of the informer should also be maintained.
The cashier shall receive from the agent or officer authorized to make a confidential payment a receipt for cash advanced for those purposes.
The agent or officer shall receive from the confidential source payee a receipt.
The signed receipt from the confidential source payee, with a memorandum detailing the information received, will be forwarded to the agent or officer in charge. The agent or officer in charge shall compare the signature on the receipt with the confidential file of assumed name signatures. A certification of payment to the cashier will serve as support for the expenditure from the fund. The certification will be witnessed by the agent or officer in charge on the basis of the report and confidential source payee's receipt.
Each agent or officer in charge shall maintain records showing status and reconciliation of the fund and itemizing each payment, name used by informer payee, information received, and use to which information was put. This report shall be part of the files.
In each instance in which Department funds are used for confidential expenditures, it shall be understood that all of the records listed in subsection (c)(6), except the true names of the informers, are subject to the record and audit provisions of 34 USC 10101.

History

Source: Amended at 42 Ill. Reg. 19207, effective October 10, 2018

Part 1221 Seizure and Forfeiture Reporting Act Procedures

20 Ill. Adm. Code 1221.10 Definitions

Terms used in this Part shall have the meanings set forth in the Seizure and Forfeiture Reporting Act and in this Section.

"Act" means the Seizure and Forfeiture Reporting Act.

"Department" means the Illinois State Police.

"Participating Agency" means a unit of local government, including but not limited to law enforcement agencies, a drug task force, or a Metropolitan Enforcement Group (MEG), that participated in or received funds from the forfeiture or seizure process.

20 Ill. Adm. Code 1221.20 Scope

This Part is applicable to seized or forfeited property as set forth in Section 5 of the Act.

20 Ill. Adm. Code 1221.30 Purpose

The purpose of this Part is to provide notice of the requirements and procedures for Illinois law enforcement agencies to report seizures, forfeitures, disbursements and expenditures to the Department pursuant to the Act.

20 Ill. Adm. Code 1221.40 Duties

a) Department.

The Department shall establish and maintain on its official website at https://isp.illinois.gov/Finance/AssetSeizure:

A) All necessary forms for initial seizure and annual reporting, which require the journaling of information pertaining to seized assets, awarded assets, and expenditures, as outlined in subsection (a)(2) below; and

B) A public database that includes annual aggregate data for each participating agency that:

i) reports seizures of property under Section 10(a) of the Act;

ii) receives distributions of forfeiture proceeds subject to reporting under the Act; or

iii) reports expenditures under Section 10(b) of the Act. (Section 10(c) of the Act)

This aggregate data reported on the Department's website shall include, for each participating agency:

A) The total number of asset seizures reported by each participating agency during the calendar year;

B) The monetary value of all currency or its equivalent seized by the participating agency during the calendar year;

C) The number of conveyances seized by the participating agency during the calendar year, and the aggregate estimated value;

D) The aggregate estimated value of all other property seized by the participating agency during the calendar year;

E) The monetary value of distributions by the Department of State Police of forfeited currency or auction proceeds from forfeited property to the participating agency during the calendar year; and

F) The total amount of the participating agency's expenditures of forfeiture proceeds during the calendar year, categorized as provided under Section 10(b) of the Act. (Section 10(c) of the Act)

b) Law Enforcement. Each participating agency that seizes property subject to reporting under the Act shall report to the Department utilizing the forms referenced in subsection (a) consistent with the rules established in this Part.

20 Ill. Adm. Code 1221.100 Initial Seizure

a) Each participating agency shall report the following information about property seized or forfeited under State law to the Department:

The name of the participating agency that seized the property;
The date of the seizure;
The type of property seized, including a building, vehicle, boat, cash, negotiable security, or firearm, except reporting is not required for seizures of contraband including alcohol, gambling devices, drug paraphernalia, and controlled substances;
A description of the property seized, and if the property is a conveyance, the description shall include the make, model, year, and vehicle identification number or serial number;
The estimated value of the property; and
The location where the seizure occurred. (Section 10(a) of the Act)

b) The Department shall make ISP form 4-064, Notice/Inventory Seized Property form available to participating agencies through its asset forfeiture reporting system on its official website at https://ilspafjweb.isp.illinois.gov/spafjweb for reporting the required information. The form must be filed:

within 28 days after the seizure when it is related to drug and Article 36 cases filed pursuant to Article 36 of the Illinois Criminal Code of 2012 [720 ILCS 5/36-1]; and
within 60 days after the seizure when it is related to money laundering cases.

20 Ill. Adm. Code 1221.110 Annual Report

a) Annual reports are required of all participating agencies that:

seize property subject to reporting under the Act; or
receive proceeds from forfeitures subject to reporting under the Act (Section 10(b) of the Act); or
have forfeited property awarded by the Director to their agency for official use under the Act.

c) ISP Form 2-691, Asset Forfeiture Annual Report form, which the Department shall make available on its official website at: https://forms.office.com/g/7KCzMCWhpD.

20 Ill. Adm. Code 1221.200 Compliance Checks

a) Pursuant to Section 10(e) of the Act, the Department may check any participating agency's records or materials to ensure compliance with the Act and this part.

b) Participating agencies shall retain all records regarding seizures and forfeitures under the Act for a period of at least 7 years.

c) All participating agencies shall fully and timely cooperate with the Department during any requested compliance check, including making available personnel to interview and making records or property available upon request.

d) The proceeds from the sale of any asset purchased with asset forfeiture funds shall be spent with the same restrictions and reporting obligations as provided in the Act and this Part.

e) Participating agencies shall make available to the Department upon request:

records related to all forfeited funds or property, including but not limited to all financial accounts and evidence storage locations; or
the actual property awarded.

20 Ill. Adm. Code 1221.210 Noncompliance

a) The Department's Asset Forfeiture Section will perform compliance checks on up to 5% of all participating agencies each year.

b) If the Department's Asset Forfeiture Section deems a participating agency to be non-compliant with subsection (c) based upon a compliance check, the Director may:

Order property that was previously awarded under this Act to be returned to the Director; or
Sanction the non-compliant participating agency with a goal of remedying any non-compliant activity.

A) Sanctions may include but are not limited to:

i) remedial education;

ii) additional training;

iii) additional mandatory reporting requirements;

iv) delay in distribution of forfeited property pending compliance;

v) extinguishing the participating agency shares of un-distributed or seized but not yet forfeited property;

vi) suspension from the program; and

vii) removal from the program.

B) Non-compliant agencies removed from the program may be ordered to:

i) return all awarded property, any property purchased with forfeited funds, and any forfeited funds held by the participating agency as of the date of the removal from the program; and

ii) terminate any contracts involving the use of forfeited funds or cease using such funds for future payments under the contract if not terminated.

c) Non-compliance may include but not be limited to any of the following:

violating the Act or this Part;
disobeying or disregarding an order or directive of the Director regarding the program;
use of forfeited funds or property inconsistent with:

A) the Act, which allows for funds to be used for:

i) crime, gang, or abuse prevention or intervention programs;

ii) compensation or services for crime victims;

iii) witness protection, informant fees, and controlled purchases of contraband;

iv) salaries, overtime, and benefits, as permitted by law;

vi) travel, meals, entertainment, conferences, training, and continuing education seminars; and

vii) other expenditures of forfeiture proceeds.

i) the enforcement of laws governing cannabis and controlled substances;

ii) public education in the commuity or schools in the prevention or detection of the abuse of drugs or alcohol; or

iii) security cameras used for the prevention or detection of violence;

D) the Environmental Protection Act [415 ILCS 5/44.1], which allows for funds to be used for the enforcement of the environmental protection laws of this State;

failure to timely submit to the annual reporting requirement;
negative audit or compliance check findings; or
failure to cooperate with an audit or compliance check.

d) Participating agencies may appeal a finding of noncompliance by submitting documentation to the Department's Asset Forfeiture Section for further review by the Director or the Director's designee.

Within 30 days of receiving notice from the Department of non-compliance, the participating agency shall provide written responses to the findings. The audited entity's response options are:

A) "Concur" – the participating agency agrees with the finding.

B) "Do not concur" – the participating agency does not agree with the finding.

The response will also include a corrective action plan and an estimated completion date of the corrective action.

B) If a conference is requested, Asset Forfeiture staff will meet with the appropriate management/command to discuss the findings.

C) Once Asset Forfeiture staff and the participating agency agree on the findings, the participating agency will then provide a written response for each finding.

All written communication shall be sent to:

Illinois State Police

Asset Forfeiture Section

801 South Seventh Street, Suite 700-A

Springfield, Illinois 62703

Part 1225 Drug Asset Forfeiture Procedure Act

20 Ill. Adm. Code 1225.10 Purpose

The purpose of this Part is to provide requirements and procedures for the seizure and forfeiture of property under the Drug Asset Forfeiture Procedure Act (P.A. 86-1382, effective September 10, 1990).

20 Ill. Adm. Code 1225.20 Definitions

Unless specified otherwise, all terms shall have the meaning set forth in the Cannabis Control Act (Ill. Rev. Stat. 1989, ch. 56½, par. 701 et seq.), and the Illinois Controlled Substances Act (Ill. Rev. Stat. 1989, ch. 56½, pars. 1100 et seq.). For purpose of this Part, the following additional definitions apply:

"Act" means the Drug Asset Forfeiture Procedure Act (P.A. 86-1382, effective September 10, 1990).

"Cannabis Control Act" means the Illinois Cannabis Control Act (Ill. Rev. Stat. 1989, ch. 56½, pars. 701 et seq.) as amended by P.A. 86-1382, effective September 10, 1990.

"Conveyance" means any vehicle, aircraft, or vessel.

"Director" means the Director of the Department of State Police or the designee of the Director of the Department of State Police.

"Illinois Controlled Substances Act" means the Illinois Controlled Substances Act (Ill. Rev. Stat. 1989, ch. 56½, pars. 1100 et seq.) as amended by P.A. 86-1382, effective September 10, 1990.

"Notice/Inventory Form" means a form (or a copy of the form) supplied by the Department of State Police to be used to provide notice of seizure to the Director.

"Seized property" means any property, money, or other asset seized for the purpose of forfeiture under the Act.

"Seizing agency" means the agency primarily responsible for a particular seizure.

20 Ill. Adm. Code 1225.30 Seizure Notice

a) Any seizing agency that seizes property for the purpose of forfeiture under the Act shall, within 35 days of the seizure, provide notice of the seizure to the Director.

b) Notice shall be provided by mailing a completed Notice/Inventory Form, together with the agency's reports relating to the seizure, to the address indicated on the form.

c) The completed Notice/Inventory Form shall include, but is not limited to, the following information:

The date, address or location, and county of the seizure;
The name (including unit description), address, contact person, and telephone number of the seizing agency;
The name and address of the person from whom the property was seized;
The description of the property seized:

A) For conveyances, the description shall include the year, make, model, vehicle identification number, storage location, and fair market value;

B) For other personal property, the description shall include a narrative description, serial numbers (and any other identifying numbers, such as model numbers), storage location, and fair market value;

C) For real property, the description shall include the address, the legal description, and fair market value;

The name and address of the registered owner of any conveyance seized;
The names and addresses of all lien holders with respect to any property seized;
The names of any other agencies involved in the case.

d) Filing the Notice/Inventory Form with the Director shall satisfy the notice-of-seizure requirements found at Section 12(d) of the Cannabis Control Act and Section 505(d) of the Illinois Controlled Substances Act.

e) Information provided to the Director by the seizing agency shall be kept confidential to the extent allowable by law unless permission to disclose is given by the seizing agency. However, general statistical information relating to forfeitures may be released by the Director at any time.

20 Ill. Adm. Code 1225.40 Disposition of Seized Property Before Forfeiture

a) Unless an alternative arrangement as defined in Section 12(d)(1) through (6) of the Cannabis Control Act (Ill. Rev. Stat. 1989, ch. 56½, pars. 701 et seq.) and Section 505(d)(1) through (6) of the Illinois Controlled Substances Act (Ill. Rev. Stat. 1989, ch. 56½, pars. 1100 et seq.) is ordered in writing by the Director, seized property shall be kept in the possession of the seizing agency until forfeiture proceedings are completed.

b) The agency in possession of seized property shall take whatever action is necessary to ensure the seized property is secured and maintained in such a way so as not to be reduced in value. This provision applies to both real property and personal property. If seized property is returned based on the determination that the property was not forfeitable, the agency in possession of property shall be financially responsible for any reduction in value due to negligence, waste, or destruction of the property.

c) Seized property that is evidence in a criminal proceeding shall be kept by the seizing agency in the same manner other evidence is maintained by that agency.

d) The Director shall be notified in writing any time seized property is disposed of by means other than forfeiture.

20 Ill. Adm. Code 1225.50 Disposition of Seized Property After Forfeiture

a) Property forfeited under the Act shall be sold by the Director except in the following circumstances:

Law requires the property to be destroyed; or
The property is harmful to the public; or
The seizing agency or the prosecutor responsible for the forfeiture requests in writing that the Director return the property to the agency or prosecutor; and

A) The returned property would be used for the enforcement of laws relating to cannabis or controlled substances; and

B) The Director finds that return of the property to the agency or prosecutor would be more effective in the enforcement of laws relating to cannabis and controlled substances than would the distribution of proceeds of the sale of the property; and

C) If more than one agency participated in the seizure, the Director may require agreement among the participating agencies that return of the property to a particular agency or prosecutor is appropriate.

b) Real property may be returned to a seizing agency to be used for the enforcement of laws relating to cannabis and controlled substances. (See Section 121(g) of the Cannabis Control Act (Ill. Rev. Stat. 1989, ch. 56½, pars. 701 et seq.) and Section 505(a) of the Illinois Controlled Substances Act (Ill. Rev. Stat. 1989, ch. 56½, pars. 1101 et seq.)). The agency in possession of forfeited real property shall maintain all records related to the use and possession of the property. These records shall be available for inspection by the Director on request.

c) In the event real property returned to a seizing agency is sold by the seizing agency, the proceeds of that sale shall be returned to the Director for distribution in accordance with this Part. Forfeited real property shall not be sold for less than fair market value.

d) All money forfeited and the net proceeds of the sale of forfeited property, after reasonable expenses relating to the maintenance and sale of the property have been deducted, shall be distributed by the Director in the percentages indicated at Section 12(g) of the Cannabis Control Act and Section 505(g) of the Illinois Controlled Substances Act.

e) In the event more than one agency participated in the law enforcement effort resulting in the forfeiture, the distribution among the agencies shall bear a reasonable relationship to the degree of participation by each agency. In making this determination, the Director shall consider:

The extent to which each agency contributed information that led to the seizure, and the resources expended by each agency to develop that information;
The extent to which each agency contributed unique or specialized assistance to the law enforcement effort resulting in the forfeiture;
The extent to which each agency located and identified particular assets eligible for seizure and forfeiture;
The extent to which each agency contributed general agency resources for the investigation, seizure, and forfeiture process.

Part 1230 Firearm Owner's Identification Card Act

20 Ill. Adm. Code 1230.10 Definitions

Terms defined in the Firearm Owners Identification Card Act [430 ILCS 65/1.1] and Section 24-1.9 and 1.10 of the Criminal Code of 2012 [720 ILCS 5/24-1.9 and 720 ILCS 5/24-1.10] have the same meanings when used in this Part. The following additional definitions also apply to this Part, unless the context clearly requires a different meaning:

"Act" means Firearm Owners Identification Card Act [430 ILCS 65].

"Active" means the Firearm Owner's Identification Card is active in the online FOID/FCCL system and valid for purposes of acquiring and possessing firearms and firearms ammunition.

"Antique firearm" shall have the meaning ascribed to it in 18 U.S.C. 921(a)(16), i.e.:

any firearm, including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898; or

any replica of any firearm described in the previous paragraph if the replica:

is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or

uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade; or

any muzzle-loading rifle, muzzle-loading shotgun, or muzzle-loading pistol that is designed to use black powder or a black powder substitute and that cannot use fixed ammunition.

The term "antique firearm" shall not include any weapon that incorporates a firearm frame or receiver, any firearm that is converted into a muzzle-loading weapon, or any muzzle-loading weapon that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock or any combination of these.

"Applicant" means a person who has submitted an application for a Firearm Owner's Identification Card.

"Assault Weapon" means a firearm that meets the definition of an assault weapon as set forth in Section 24-1.9 of the Criminal Code of 2012 [720 ILCS 5/24-1.9(a)(1)]. For additional guidance see Appendix A.

"Assault Weapon Attachment" means any device capable of being attached to a firearm that is specifically designed for making or converting a firearm into any of the firearms listed in the Act. For example,

a pistol grip or thumbhole stock;

any feature capable of functioning as a protruding grip that can be held by the non-trigger hand;

a folding, telescoping, thumbhole, or detachable stock, or a stock that is otherwise foldable or adjustable in a manner that operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability of, the weapon;

a flash suppressor;

a grenade launcher;

barrel shroud;

a threaded barrel; and

a buffer tube, arm brace, or other part that protrudes horizontally behind the pistol grip and is designed or redesigned to allow or facilitate a firearm to be fired from the shoulder.

"Assault weapon attachments" do not include integral parts, components of an assault weapon, or other items not specifically designed for a firearm, for example items specifically designed for an airsoft gun. Rather they are supplementary items that can be attached to assault weapons. If a person were to attach parts specifically designed for an airsoft gun to a firearm thereby bringing the firearm within the definition of assault weapon under PICA, the firearm, not the attachment, would be regulated.

"ATF" means the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.

"Barrel Shroud" means a component added to the rifle that was not part of the original design that is attached to the barrel or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned. Barrel shroud does not include a handguard that is designed as part of the stock regardless of whether the stock is a one-piece wood or plastic unit or a multi-piece set.

"Capacity" means the total number of rounds that can be used at the maximum identified chambered sized round.

"Criminal Justice System Employee" includes law enforcement officials, courts, State's Attorneys, probation officers, parole officers, and federal law enforcement officials.

"Department" means the Illinois State Police.

"Designator" means an indication printed on the face of a FOID Card that the card holder has been issued an FCCL.

"Director" means the Director of the Illinois State Police or the Director's designee.

"Endorsement Affidavit" means an affidavit electronically executed through the online FOID/FCCL System that registers an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, with the Department as required by Section 24-1.9(d) of the Criminal Code of 2012 [720 ILCS 5/24-1.9(d)].

"FCCL" means Firearm Concealed Carry License pursuant to the Firearm Concealed Carry Act [430 ILCS 66], which may be indicated as a Designator printed on the face of a FOID Card.

"FFL" means a person or business who has been issued a Federal Firearms License by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.

"Felony Indictment" shall mean an indictment for a crime punishable by imprisonment for a term exceeding one year pursuant to 18 U.S.C. 922(d)(1) and (n).

"Flash Suppressor" means a muzzle attachment designed to reduce muzzle flash. A flash suppressor may also be referred to as a flash hider but does not include a muzzle brake.

"FOID Card" means the Firearm Owner's Identification Card as defined in Section 6 of the Act, which may include an FCCL Designator printed on the face of the card.

"Having Possessed Such Items Prior to January 10, 2023" means persons who possess one of the prohibited items under the Act, as the result of a sale or transfer with a background check initiated with the Department on or before January 10, 2023, where the sale or transfer was completed after that date pursuant to Section 24-1.9(f) of the Criminal Code of 2012 [720 ILCS 5/24-1.9(f)].

"Heir" means a person who receives property by reason of the death of another whether as heir, legatee, beneficiary, survivor or any other capacity as allowed by the Illinois Probate Act [755 ILCS 5/] and the Illinois rules of intestate succession.

"Inherit" means to receive a distribution pursuant to intestate succession, will, trust, or other method permitted by law upon the death of the owner.

"Large capacity ammunition feeding device" means

a) a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of any type of ammunition for long guns and more than 15 rounds of any type of ammunition for handguns; or

b) any combination of parts from which a device described in paragraph (a) can be assembled.

"Large capacity ammunition feeding device" does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition or a tubular magazine that is contained in a lever-action firearm or any device that has been made permanently inoperable.

"Law enforcement officer" means an employee of a government agency who:

is authorized by law to engage in or supervise the prevention, detection, investigation, prosecution or incarceration of any person for any violation of law;

has statutory powers of arrest or custodial detention;

is authorized by the agency to carry a firearm while on duty;

is not the subject of any disciplinary action by the employing agency that could result in termination;

meets the standards established by the agency that require the employee to regularly qualify in the use of a firearm; and

is not prohibited by federal law from possessing a firearm.

"Law enforcement official", for purposes of clear and present danger reporting, means any peace officer, warden, superintendent or keeper of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of a criminal offense, and employees of police laboratories having a department or section of forensic firearm identification.

"Move to Illinois" means to relocate from another state or country with intent to make Illinois the primary domicile as evidenced by an Illinois Driver's License or Illinois State Identification Card.

"Muzzle Brake" means an attachment or feature of the muzzle end of the barrel that uses the propellant combustion gas with the desired effect of redirecting the recoil. A muzzle brake may also be known as a compensator.

"Online FOID/FCCL System" means the Department's applicant and person-to-person portal which allows a person to apply for a FOID Card or FCCL and access their FOID Card/FCCL dashboard, as well as determine whether the applicant's FOID or another person's FOID Card is valid and active where permitted by law.

"Out-of-state resident" means a person who does not qualify for an Illinois driver's license or an Illinois State identification card due to his or her establishment of a primary domicile in another state.

"Peace Officer" shall have the meaning ascribed to it in Section 2-13 of the Criminal Code of 2012 [720 ILCS 5/2-13].

"PICA" means the Protect Illinois Communities Act, Public Act 102-1116.

"Proof of eligibility" for purposes of transferring an assault weapon, assault weapon attachment, .50 caliber rifle, .50 caliber cartridge, or large capacity ammunition feeding device to a person authorized to purchase and possess such items consistent with the provisions of Sections 24-1.9 and 24-1.10 of the Criminal Code of 2012 [720 ILCS 5/24-1.9 and 720 ILCS 5/24-1.10] means a copy of a current or retired employment identification card, a letter from the employing agency on official letterhead, or any similar official instrument used to confirm employment and identity.

"Properly licensed firing range" means an area that contains shooting stations or firing lines, target areas, and other related components for discharging firearms at a target in a sporting event, for practice or instruction in the use of a firearm, or for the testing of a firearm, which meets the requirements set forth in Section 5 of the Premises Liability Act 740 ILCS 130/5, as well as any applicable rules as set forth by the unit of local government with jurisdiction. It also includes licensed shooting preserves and public hunting areas operated or licensed by the Department of Natural Resources.

"Protective order" means any orders of protection issued under the Illinois Domestic Violence Act of 1986 [750 ILCS 60], stalking no contact orders issued under the Stalking No Contact Order Act [740 ILCS 21], civil no contact orders issued under the Civil No Contact Order Act [740 ILCS 22], and firearms restraining orders issued under the Firearms Restraining Order Act [430 ILCS 67].

"Purchaser" means any person who is buying or receiving firearms or firearms ammunition as part of a sale or transfer.

"Qualified Law Enforcement Officer" and "Qualified Retired Law Enforcement Officer" shall have the meanings ascribed to those terms in the Law Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B and 926C) and as recognized under Illinois law. (See 720 ILCS 5/24-1.9(e)(2) and 720 ILCS 5/24-1.10(e)(2))

"Readily assembled, modified, restored or converted" shall mean any assembly, modification, restoration, or conversion beyond those that would be required in regular maintenance that is fairly or reasonably efficient, quick, and easy, and does not require special knowledge or skill, additional parts or tools, or significant expense. Readily assembled, modified, restored or converted shall not include assembly, modifications, restorations, or conversions that would damage or destroy the firearm or cause it to malfunction.

"Seller" means any person who is selling or transferring firearms or firearms ammunition as part of a sale or transfer.

"Stock" means the wood or plastic component(s) to which the metal parts of a firearm are attached to enable the shooter to hold the firearm, including but not limited to the fore stock.

"Transfer" means the permanent relinquishment of ownership of a firearm or other item, where possession of the item is regulated by the Act or Article 24 of the Criminal Code of 2012 [720 ILCS 5/24], to another person regardless of whether consideration or money is received by the seller.

"Unlawful Drug Use" shall mean any unlawful use of or addiction to any controlled substance pursuant to 18 U.S.C. 922(d)(3) and (g)(3).

"Valid" means current and not suspended, revoked, expired, canceled, invalidated, denied or disqualified.

History

Source: Amended at 48 Ill. Reg. 2881, effective February 8, 2024

20 Ill. Adm. Code 1230.15 Foid Card and Assault Weapon Electronic Endorsement Affidavit Requirement

a) FOID Card Requirement. Pursuant to Section 2 of the Act, no person may acquire or possess any firearm, stun gun, or taser within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Illinois State Police. [430 ILCS 65/2(a)(1)]

Pursuant to Section 12 of the Act, if an Illinois resident without a FOID Card inherits a firearm or firearm ammunition upon the death of the owner, the provisions of the Act and this Part shall not apply to the person until 60 days after the passing or transfer of the firearm or ammunition. [430 ILCS 65/12]
Except as provided in subsection (e) of Section 24-1.9 of the Criminal Code of 2012 and beginning on January 1, 2024, any person, who moves into this State in possession of an assault weapon, assault weapon attachment, .50 caliber rifle, .50 caliber cartridge, or large capacity ammunition feeding device, shall apply for a FOID Card within 60 days after moving to Illinois. [720 ILCS 5/24-1.9(d)]
If a FOID Card application is denied, then upon receipt of the denial notice, any person who possesses an assault weapon, assault weapon attachment, .50 caliber rifle, .50 caliber cartridge, or large capacity ammunition feeding device and applied for a FOID Card upon inheriting or moving to Illinois shall either surrender the items to a law enforcement agency while seeking relief from such denial or transfer the items to a person authorized to purchase and possess the items consistent with the provisions of Sections 24-1.9 and 24-1.10 of the Criminal Code of 2012 [720 ILCS 5/24-1.9 and 720 ILCS 5/24/1.10].

A) If the owner surrenders possession to a law enforcement agency and intends to appeal the denial so that the items surrendered can be returned if the appeal is successful, the owner shall notify the law enforcement agency of their intent at the time of surrender.

i) If the appeal is successful, the items surrendered shall be returned to the owner who surrendered possession in the condition in which the items were surrendered.

ii) If the appeal is unsuccessful, the items surrendered may, at the request of the owner, be transferred to an FFL of the owner's choosing so that the items may be sold by the FFL on behalf of the owner consistent with PICA.

iii) If the appeal has not been exhausted within 180 days of the denial, suspension, or revocation, the owner must provide proof that the appeal is still pending at least every 30 days until the appeal has been exhausted.

B) Notwithstanding any other provision to the contrary, any items surrendered to law enforcement for safekeeping pursuant to a FOID Card denial or a protective order as defined by Section 1.1 and required by Section 8.2 of the Act, shall not be destroyed until after the appeal has been exhausted.

b) Electronic Endorsement Affidavit Requirement. Any person, other than individuals exempt by Section 24-1.9(e) of the Criminal Code of 2012 [720 ILCS 5/24-1.9(d)], in possession of an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, including but not limited to individuals under age 21, must electronically file an endorsement affidavit through the online FOID/FCCL system beginning October 1, 2023, but shall be completed no later than January 1, 2024.

Any person who moves into Illinois in possession of an assault weapon, assault weapon attachment, .50 caliber rifle, .50 caliber cartridge, or large capacity ammunition feeding device, shall complete the endorsement affidavit within 60 days after moving to Illinois. [720 ILCS 5/24-1.9(d)]

A) A person who has submitted an endorsement affidavit for an assault weapon or .50 caliber rifle that as manufactured has features that if removed would constitute assault weapon attachments is only required to submit an endorsement affidavit for the assault weapon or .50 caliber rifle.

B) If a person has submitted an endorsement affidavit for an assault weapon or .50 caliber rifle that as manufactured has features that if removed would constitute assault weapon attachments and subsequently removes items that separately constitute assault weapon attachments and retains possession, the person shall submit an updated endorsement affidavit.

C) Bolt, lever, or pump action firearms are not subject to the endorsement affidavit provisions of PICA even if as manufactured the firearm has features that if removed would constitute assault weapon attachments; however, if items that constitute assault weapon attachments are removed from a bolt, lever, or pump action firearm, the person in possession shall submit an endorsement affidavit for the specified assault weapon attachments upon removal regardless of when they were purchased lawfully as a part of the firearm.

Electronic Endorsement Affidavit Exemptions.

A) The electronic endorsement affidavit requirements of this Section do not apply to:

i) Peace officers;

ii) Qualified law enforcement officers and retirees;

iii) the acquisition and possession by a federal, State, or local law enforcement agency for the purpose of equipping that agency's peace officers; and

iv) Wardens, superintendents, and keepers of correctional institutions for the detention of persons accused or convicted of an offense. (See 720 ILCS 5/24-1.9(e)(1-4)).

v) Clubs, organizations, business, or companies, including but not limited to Federal Firearms Licensees doing business as a sole proprietor, partnership, corporation, or limited liability corporation, that own items subject to the endorsement affidavit provisions of PICA.

• If the leadership of such club, organization, business, or company changes but the ownership of the items does not change, no action is required on behalf of the club, organization, business, or company. However, if ownership transfers, the transfer must be consistent with PICA.

• Members or owners of clubs, organizations, businesses, or companies, including but not limited to Federal Firearms Licensees, must comply with the endorsement affidavit provisions of PICA for their personal possessions unless the person is eligible for another exemption.

B) Persons who are exempt from the endorsement affidavit provisions pursuant to this subparagraph are required to file an electronic endorsement affidavit should the circumstances giving rise to the exemption change.

Exemptions for Official Duties.

A) The following persons are not required to complete an electronic endorsement affidavit to possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge while the person is performing official duties:

i) Armed security personnel in this State at a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission;

ii) Private security personnel licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004; and

iii) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, who are also exempt while traveling to or from their places of duty.

B) Assault weapons used by persons exempt under Section 1230.15 (b)(3)(A) in the performance of their official duties, transported to and from their official duties, secured at home or their place of business, or possessed for the purposes of attending training approved by a licensed Illinois private detective agency or security contractor agency or the military, including travel to and from such training, shall be exempt from the endorsement affidavit provisions, so long as the person possesses a valid firearm control card, where applicable, and valid firearm owner's identification card, for the duration of their employment. Any person no longer employed by such an agency or not having an active firearm control card, where applicable, shall file an electronic endorsement affidavit prior to separation from the employment giving rise to the exemption.

Other Exemptions.

A) The following persons are not required to complete an electronic endorsement affidavit under the following circumstances:

i) Olympic target shooting competitors and coaches in possession of any firearm sanctioned by the International Olympic Committee and by USA Shooting;

ii) Nonresidents who are transporting an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge to any other place where the nonresident may lawfully possess and carry that weapon;

iii) Persons in possession of an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge at an event at the World Shooting and Recreational Complex at Sparta;

iv) Persons in possession of a weapon set forth in Appendix B, if the possession is only for hunting use expressly permitted under the Wildlife Code [520 ILCS 5]; and

v) Persons in possession of blank-firing assault weapons if the possession is only for props for a motion picture, television or video production or entertainment event. (See 720 ILCS 5/24 1.9(e)(7)(C)(v)).

B) However, these persons must have completed an electronic endorsement affidavit if their possession of these items extends beyond the circumstances outlined in subsection (b)(4)(A). For example, if a person owns an assault weapon and hunts with it, their possession extends beyond hunting use; or if a person owns an assault weapon and takes it to an event at the World Shooting and Recreational Complex at Sparta, their possession extends beyond possession at the World Shooting and Recreational Complex at Sparta. As a result, the persons in the above examples would be required to complete an electronic endorsement affidavit. If a person does not own an assault weapon but rather rents or borrows one from a neighbor for hunting or a teammate for a shooting event and immediately returns it upon the conclusion of the purpose, their possession does not extend beyond the permitted circumstances and that person would not be required to complete an electronic endorsement affidavit.

Nothing in this Section shall be construed to make lawful the acquisition, transportation, or possession of firearms or firearm ammunition which is otherwise prohibited by law, for example the FOID Act [430 ILCS 65] and the Wildlife Code [520 ILCS 5].

c) Electronic Endorsement Affidavit Contents. The endorsement affidavit shall include:

The affiant's Firearm Owner's Identification Card number when available;
An affirmation that the affiant:

A) possessed an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge before January 10, 2023; or

B) inherited such items from a person with an endorsement under Section 24-1.9 of the Criminal Code of 2012 [720 ILCS 5/24-1.9] or from a person authorized under Section 24-1.9(e)(1) through (5) of the Criminal Code of 2012 [720 ILCS 5/24-1.9(e)(1)-(5)] to possess such items; or

C) moved into Illinois after January 10, 2023 with such items; or

D) is filing an endorsement affidavit voluntarily (See subsection (e));

The make, model, caliber, and serial number of each assault weapon or .50 caliber rifle;
A warning printed in bold type that states: "Warning: Entering false information on this form is punishable as perjury under Section 32-2 of the Criminal Code of 2012. Entering false information on this form is a violation of the Firearm Owners Identification Card Act." [720 ILCS 5/24-1.9(d)]; and
An affirmation that the endorsement affidavit is signed under oath, swearing, affirming, and certifying, that the statements set forth in the endorsement affidavit are true and correct subject to the penalties as provided by law pursuant to Section 1-109 of the Code of Civil Procedure [735 ILCS 5/1-109].

d) Electronic Endorsement Affidavit Filing Deadlines. The endorsement affidavit, shall be filed electronically through the online FOID/FCCL system, no later than:

January 1, 2024, if the person is an Illinois resident who possessed an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, prior to January 10, 2023; or
60 days after moving to Illinois, if the person was an out-of-state resident who moved into Illinois after January 10, 2023, and possessed an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge prior to moving to Illinois.

e) Electronic Endorsement Affidavit Voluntary Compliance. Any person in possession of an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, who is exempt from the endorsement affidavit requirements of Section 24-1.9(e) of the Criminal Code of 2012 [720 ILCS 5/24-1.9(e)] may electronically file an endorsement affidavit through the online FOID/FCCL system voluntarily (See subsection (c)(2)(D)) at any time.

f) Penalty. Possession of a firearm without a FOID Card as required by Section 2 of the Act or possession of an assault weapon without having completed an electronic endorsement affidavit as required by Section 24-1.9 of the Criminal Code of 2012, is a Class A misdemeanor or Class 3 or 4 felony depending upon the circumstances of the violation. (See 430 ILCS 65/14 and 720 ILCS 5/24-1(a)(15)).

g) Notwithstanding the requirements of subsection (b), all endorsement affidavit records collected by the Illinois State Police pursuant to this Section shall be retained consistent with the Illinois State Records Act [5 ILCS 160/1.5] but shall be destroyed upon lawful order from an Illinois or federal court with appropriate jurisdiction following the exhaustion of all appeals or receipt of an authorized disposal date from the State Records Commission. See 40 Ill. Adm. Code 4400.

History

Source: Section transferred to 20 Ill. Adm. 3500.10 at 47 Ill. Reg. 2474; added at 48 Ill. Reg. 2881, effective February 8, 2024

20 Ill. Adm. Code 1230.20 Application Procedures

a) Application for a FOID Card shall be made electronically by inputting the information as required by the Act, including, but not limited to, Section 4, as set forth on the Department's website.

Assistance with completing the application is available at all customer service kiosks. The locations of such kiosks are available on the Department's website.
Paper applications, which may be obtained by contacting the Firearms Services Bureau Call Center, will only be accepted from applicants with appropriate proof of a religious exemption or a disability. Proof of disability includes, but is not limited to, documentation from:

A) the Social Security Administration;

B) the Illinois Worker's Compensation Commission;

C) the U.S. Department of Defense;

D) an insurer authorized to transact business in Illinois who is providing disability insurance coverage; or

E) a physician or heath care provider licensed in this State and is in the position to know the applicant's medical condition.

b) All application forms shall be completed accurately and, in their entirety, accompanied by all fees, and a photograph (except as provided in Section 4(a-20) of the Act), and submitted as indicated on the application form.

Applicants shall pay the fee required by Section 5 of the Act, in full, when submitting their application or reapplying if the application is denied.
All application fees shall be collected using the Illinois State Treasurer's E-Pay program, which is linked to the electronic FOID application on the Department's website. A convenience fee will be charged in accordance with the Illinois State Treasurer's E-Pay program.
Application, renewal and replacement fees are non-refundable.

c) Any application form that is not completed accurately and, in its entirety, including all fees and a photograph, and which contains any deficiencies that cannot be cured in an expeditious manner, will be denied or rejected.

An application is complete if it contains all of the information and materials required by the Act, including, but not limited to, Section 4, as well as the requisite fee and any associated convenience fee.
If an application is rejected because it is incomplete, the applicant will not be charged an additional fee upon completing the application process. If an application is rejected and the applicant does not correct deficiencies of which they were notified within 60 days, the application shall be denied.
If the application is denied because the applicant has not been found to be qualified under the Act, and then later reapplies, the applicant will be assessed another fee and any associated convenience fee.

d) Except as provided in subsection (e), any requirement for an Illinois driver's license number or Illinois identification card number shall mean a valid Illinois driver's license number or valid Illinois identification card number. A temporary visitor's driver's license (TVDL) will not be accepted.

e) In regard to an applicant who is employed as a law enforcement officer, an armed security officer in Illinois or by the United States military permanently assigned in Illinois and who is not an Illinois resident, any requirement for a driver's license number or State identification card number shall mean the valid driver's license number or valid state identification card number from the applicant's state of residence.

f) In regard to an applicant who is employed by the United States military permanently assigned in Illinois, the applicant shall also provide valid military identification and assignment orders establishing permanent assignment in Illinois. Only persons with a permanent duty assignment in Illinois qualify for a FOID Card if they are not otherwise an Illinois resident. Military personnel in Illinois on temporary duty assignment are not eligible and do not need a FOID Card.

g) In regard to an applicant who is applying under a non-immigrant visa exception, the applicant shall provide a letter from the applicant's foreign government stating the purpose for travel to Illinois and the date the applicant's non-immigrant visa expires. The applicant shall also explain the need for the FOID Card or submit a waiver from this Part granted by the U.S. Attorney General. Persons in Illinois on a non-immigrant visa must have permission from their government and the U.S. Attorney General to possess or transport firearms.

h) The Department shall, as part of the application process, ask any questions necessary to determine whether the applicant is qualified to possess or receive a firearm, and deny a FOID application of any applicant who is prohibited by the Act from possessing or receiving a firearm.

i) All FOID Cards issued shall remain the property of the Department.

j) Applicants submitting fingerprints shall do so electronically by submitting a full set of fingerprints to the Department in an electronic format using a Live Scan vendor licensed by the Department of Financial and Professional Regulation.

k) Upon receiving a Live Scan Fingerprint Transaction Control Number (TCN) from the licensed Live Scan vendor, the applicant may electronically complete and submit the FOID application to the Department.

History

Source: Amended at 48 Ill. Reg. 981, effective December 29, 2023

20 Ill. Adm. Code 1230.25 Electronic Communication

a) Upon development of a system that allows for electronic communication, the Department shall allow a person to elect to receive FOID Card related correspondence via email or text message and to opt out of first-class mail communication.

The person will be prompted to indicate how they wish to receive future communications, messages, and alerts using the applicant portal.
In order to select email, text messaging, or both, the person must confirm a valid email address and cellular phone number through the applicant portal.

b) The Department will require persons who select to receive FOID related electronic communication to consent to accept service by electronic means of all notices, orders, pleadings, and motions filed in this matter in lieu of service by certified or regular mail.

The person will be prompted to accept electronic service using the applicant portal.
Service shall be made upon the party's email address provided through the applicant portal.

History

Source: Added at 46 Ill. Reg. 1057, effective December 21, 2021

20 Ill. Adm. Code 1230.30 Duration, Renewal, and Expiration of Foid Card

a) Duration. A FOID Card shall expire 10 years from the date of issuance.

The date the FOID Card becomes active within the Department's online FOID/CCL system is designated as the date of issuance for purposes of this Part.
If a person who possesses an FCCL or FOID Card with a Designator becomes subject to suspension or revocation under the Firearm Concealed Carry Act, but is otherwise qualified under this Act, their FOID Card will remain valid for its duration without interruption.

b) Renewal

A FOID Card will remain conditionally valid during the processing period provided that a completed renewal application with the required fees, including but not limited to, applicable processing fees, have been submitted to ISP prior to its expiration pursuant to Section 5 of the Act and the FOID Card is not subject to revocation pursuant to Section 8 or 8.2 of the Act. FOID Card holders eligible for a paper application pursuant to subsection 1230.20(a)(2), may contact the Firearms Services Bureau,
Conditional Renewal During a Gubernatorial Disaster Proclamation. FOID Cards that expire during a Gubernatorial Disaster Proclamation issued pursuant to Section 7 of the Illinois Emergency Management Act [20 ILCS 3305] shall be considered conditionally renewed if:

A) a completed application for renewal is submitted to the Department pursuant to Section 5 of the Act while a statewide Gubernatorial Disaster Proclamation is in effect; and

B) the FOID Card is not subject to revocation pursuant to the provisions of Section 8 or Section 8.2 of the Act.

C) Conditionally renewed FOID Cards shall remain valid until a new FOID Card is issued.

Any conditionally renewed FOID Card shall be deemed valid for the purposes of possessing, transferring, and purchasing ammunition and firearms, unless the FOID Card is subject to revocation or suspension under Section 8 of this Act.
A FOID Card holder who is approved for a new or renewed FCCL shall have their FOID Card automatically renewed for 10 years from the time of approval of the FCCL. No additional fee shall be charged for the renewal of the FOID Card.
If the FOID Card of an FCCL holder expires during the term of the FCCL, the FOID Card shall remain valid and the FCCL holder does not have to renew their FOID Card during the term of the FCCL.
Effective January 1, 2023, at the time of a Firearm Transfer Inquiry pursuant to Section 3.1 of the Act, a FOID Card holder, who has previously provided a full set of fingerprints to the Department under this Act or the Firearm Concealed Carry Act, shall have their FOID Card remain active and be renewed for a period of 10 years from the date the Firearm Transfer Inquiry was approved so long as the FOID Card holder is not subject to revocation or suspension under the Act.

c) Expiration

The status of a FOID Card and FCCL, including but not limited to, the expiration date and whether the FOID Card or FCCL is active will be:

A) maintained by the Department;

B) reflected in the Department's online FOID/FCCL system and any federal online firearms tracking system pursuant to the requirements of Section 3.1 of the Act; and

C) made available electronically to the applicant through the applicant portal; and

D) made available electronically to persons authorized to access such information under either this Act or the Firearm Concealed Carry Act.

Persons who surrender their FCCL pursuant to the Firearm Concealed Carry Act but remain qualified for a FOID Card under this Act, shall remain valid in the online FOID/FCCL system until the FOID Card expires or is cancelled, suspended or revoked.

History

Source: Amended at 46 Ill. Reg. 1057, effective December 21, 2021

20 Ill. Adm. Code 1230.35 Possession and Validity of a Foid Card

a) Possession

Possession of either a valid FOID Card, FCCL, or FOID Card with Designator shall satisfy the requirements of Section 2(a) of the Act regarding possession of a FOID Card.
A Designator will be added to the FOID Card to distinguish between persons with an active FOID Card only and persons with an active FOID Card and an FCCL.
Possession of a valid FOID Card or FOID Card with Designator does not relieve the holder of the responsibility to comply with State and federal law as it pertains to acquiring or possessing firearms or firearms ammunition.
Upon the development of a system under which an electronic version of a FOID card can be displayed on a mobile telephone or other portable electronic device, the possession of such electronic version shall satisfy the requirements of Section 2(a) of the Act regarding possession of a FOID Card so long as the device contains all security features required by the Department to ensure the electronic version is current and accurate.

b) Validity. Prior to the sale or transfer of any firearms or firearms ammunition, if the FOID Card has no expiration date on its face or the FOID Card is expired, the validity of the purchaser's FOID Card under this Act must be checked on the Department's online FOID/FCCL system except as provided in subsection (b)(7) below.

Federally-licensed firearm dealers transferring a firearm are exempt from this requirement but must comply with the provisions set forth in Part 1235, Firearm Transfer Inquiry Program, of this Title.
These inquiry requirements apply equally to transfers involving new, used, and trade-in firearms.
Inquiries made to the Department's online FOID/FCCL system do not exempt or otherwise relieve the person making such inquiry from compliance with any other State or federal laws or local ordinances.
The seller will perform the inquiry by following the step-by-step instructions provided through the Department's online FOID/FCCL system.
The Department shall determine the validity of the purchaser's FOID Card and provide a transaction approval number if the FOID Card is active.

A) The seller shall not complete the sale or otherwise transfer the firearm until a transaction approval number is provided by the Department.

B) The seller must complete the transfer of all firearms within 30 days after the transaction approval number has been provided by the Department.

C) If the purchaser's FOID Card is not active, the Department shall advise the seller.

The purchaser and seller are required to comply with the requirements of Section 3b of the Act [430 ILCS 65/3(b)].

A) Purchasers and/or sellers who elect to provide the Department with a record of the transfer, shall do so by completing the form available on the Department's website for this purpose.

B) Completed transfer record forms will be attached to the purchaser's account within the Department's online FOID/FCCL system and retained for a period of not less than 20 years.

If the FOID Card has an expiration date printed on its face and the card has not yet expired, the card shall be considered active for purposes of sale or transfer of firearms ammunition only and need not be checked in the Department's online FOID/FCCL system. All FOID Cards must be checked in the Department's online FOID/FCCL system for the sale or transfer of firearms as provided in this subsection (b).

History

Source: Added at 46 Ill. Reg. 1057, effective December 21, 2021

20 Ill. Adm. Code 1230.40 Sponsorship of a Minor

a) Except as provided by Section 65/4(a)(2)(i-5) of the Act, applicants for a FOID Card under the age of 21 shall have the written consent of the applicant's parent or legal guardian to possess and acquire firearms and firearm ammunition, prior to issuance of a FOID Card. If the consent is given by a legal guardian, a certified copy of the guardianship court order must be submitted with the application. The parent or legal guardian providing consent shall file an affidavit with the Department, as prescribed by the Department (using the form available on the Department's website), stating that the parent/guardian is not prohibited from having a FOID Card under the Act.

b) No applicant under age 21 will be granted a FOID Card if the applicant is prohibited from having a FOID Card under the Act.

c) If the minor is not physically capable of signing the application because of age, disability or other cause, the parent or legal guardian providing consent must submit a copy of the minor's birth certificate.

History

Source: Amended at 46 Ill. Reg. 1057, effective December 21, 2021

20 Ill. Adm. Code 1230.45 Firearm Serial Number System to Identify Firearms Reported Stolen

a) Access to Illinois information online

The Department will establish a component to its FOID/FCCL Online System for the purpose of searching stolen gun information as reported by law enforcement agencies which is derived from the Illinois Law Enforcement Agencies Data System (LEADS) and authorized for release to the public.
This component shall be known as the ISP Stolen Firearms System.
The serial or identification number assigned to a particular firearm by the manufacturer may not be unique; duplicates may exist. The information contained within the system may not solely be used as a confirmation that any firearm is stolen.
If the identifiers entered hit as a potential match to an active report, then the potential match must be verified with the law enforcement agency that reported the firearm theft within LEADS.

b) Searching the system

Effective July 1, 2022, whenever a person sells or transfers a firearm under Section 3 of the Act [430 ILCS 65/3], the seller may access the ISP Stolen Firearms System and enter the firearm identification information for the firearm to be sold or transferred.
Effective January 1, 2024, whenever a person sells or transfers a firearm under Section 3 of the Act [430 ILCS 65/3], the seller must access the ISP Stolen Firearms System and enter the firearm identification information for the firearm to be sold or transferred.
Upon accessing the ISP Stolen Firearms System and submitting firearms identification information, the seller will receive a transaction number confirming that they accessed the system and will receive information regarding whether a potential match was identified.
Effective January 1, 2024, the seller must provide proof of the ISP Stolen Firearm System search and results therefrom to the purchaser prior to completing the sale or transfer.

A) A receipt printed from the ISP Stolen Firearms System with a transaction number shall serve as proof of the search.

B) Both parties must retain a copy of the receipt printed from the ISP Stolen Firearms System as a part of the record required by Section 3(b) of the Act.

Only persons transferring a firearm may access the ISP Stolen Firearms System to search Illinois stolen gun information.

c) Review of potential matches

The Department will assign appropriate personnel to follow-up with the local law enforcement agency that reported the firearm theft within LEADS.
The local law enforcement agency that reported the firearm theft within LEADS will cooperate with the Department to ensure any firearms transferred pursuant to Section 3(a-25) of the Act have not been reported stolen.
The seller and buyer shall cooperate with the Department, as well as the local law enforcement agency that reported the firearm theft within LEADS, in any investigation they may commence regarding a potential match.

History

Source: Added at 46 Ill. Reg. 6798, effective April 12, 2022

20 Ill. Adm. Code 1230.50 Return of Foid Card – Applicant

a) Suspension

The Department will suspend the FOID Card pursuant to Section 8.3 of the Act, whenever the Department finds that a person to whom a FOID Card was previously issued is disqualified pursuant to:

A) Section 8.2 of the Act as the result of a Protective Order and the duration of the disqualification is expected to be less than one year;

B) Section 8(n) of the Act as the result of Felony Indictment; or

C) Section 8(d) of the Act because the person is an Unlawful Drug Use if the person is prohibited under Illinois law from possessing firearms.

Upon receiving notice of suspension, the FOID Card holder must comply with the Firearms Disposition Record (FDR) provisions of Section 9.5 of the Act and shall surrender the FOID Card to the law enforcement agency or person listed on the FDR regardless of whether the FOID Card holder owns or possesses firearms.

A) A copy of the required Firearm Disposition Record can be found on the Department's website.

B) A person whose FOID Cards was confiscated by law enforcement or the court must submit documentation of the confiscation with the Firearm Disposition Record.

C) A person subject to Section 9.5 of the Act due to a suspension shall either surrender assault weapons, assault weapon attachments, .50 caliber rifles, and .50 caliber cartridges to a law enforcement agency for the duration of the suspension or transfer such items to a person authorized to purchase and possess such items consistent with the provisions of Sections 24-1.9 and 24-1.10 of the Criminal Code of 2012 [720 ILCS 5/24-1.9 and 720 ILCS 5/24-1.10].

i) Assault weapons, assault weapon attachments, .50 caliber rifles, .50 caliber cartridges, and large capacity ammunition feeding devices transferred to another person as the result of a suspension may not be returned upon reinstatement of the FOID Card.

ii) Assault weapons, assault weapon attachments, .50 caliber rifles, .50 caliber cartridges, and large capacity ammunition feeding devices may only be returned by a law enforcement agency to whom such items were surrendered.

iii) If the owner surrenders possession to a law enforcement agency and intends to appeal the suspension so that the items surrendered can be returned if the appeal is successful, the owner shall notify the law enforcement agency of their intent at the time of surrender.

• If the appeal is successful, the items surrendered shall be returned to the owner who surrendered possession in the condition in which the items were surrendered.

• If the appeal is unsuccessful, the items surrendered may, at the request of the owner, be transferred to an FFL of the owner's choosing so that the items may be sold by the FFL on behalf of the owner consistent with PICA.

• If the appeal has not been exhausted within 180 days of the suspension, the owner must provide proof that the appeal is still pending at least every 30 days until the appeal has been exhausted.

iv) Notwithstanding any other provision to the contrary, any items surrendered to law enforcement for safekeeping pursuant to a FOID Card suspension based upon a protective order as defined by Section 1.1 and required by Section 8.2 of the Act, shall not be destroyed until after the appeal has been exhausted.

The suspended FOID Card shall be invalid for the duration of the disqualification and suspension, including but not limited to, prohibiting the possession, purchase, sale, transfer or exchange of firearms and firearms ammunition.
The FOID Card holder shall provide written notification to the Department upon conclusion of the disqualification.
After verifying the conclusion of the disqualification, the Department will provide written notice and reinstate the FOID Card.
The FOID Card holder may appeal the suspension consistent with the provisions of Section 10 of the Act and Section 1230.70 of this Part.

b) Revocation

Whenever the Department finds that a person to whom a FOID Card was previously issued is disqualified pursuant to Section 8 or 8.2 of the Act other than as the result of a disqualification as provided in subsection (a)(1), the Department may revoke and seize the FOID Card.
Upon receiving notice of revocation, the FOID Card holder must comply with the provisions of Section 9.5 of the Act in its entirety.

A) A copy of the required Firearm Disposition Record can be found on the Department's website.

B) Individuals whose FOID Cards were confiscated by law enforcement or the courts must submit documentation of the confiscation with the Firearm Disposition Record.

C) A person subject to Section 9.5 of the Act due to a revocation shall either surrender assault weapons, assault weapon attachments, .50 caliber rifles, and .50 caliber cartridges to a law enforcement agency for the duration of the revocation or transfer such items to a person authorized to purchase and possess such items consistent with the provisions of Sections 24-1.9 and 24-1.10 of the Criminal Code of 2012 [720 ILCS 5/24-1.9 and 720 ILCS 5/24-1.10].

i) Assault weapons, assault weapon attachments, .50 caliber rifles, .50 caliber cartridges and large capacity ammunition feeding devices transferred to another person as the result of a revocation may not be returned upon reinstatement of the FOID Card.

iii) If the owner surrenders possession to a law enforcement agency and intends to appeal the revocation so that the items surrendered can be returned if the appeal is successful, the owner shall notify the law enforcement agency of their intent at the time of surrender.

• If the appeal is successful, the items surrendered shall be returned to the owner who surrendered possession in the condition in which the items were surrendered.

• If the appeal has not been exhausted within 180 days of the revocation, the owner must provide proof that the appeal is still pending at least every 30 days until the appeal has been exhausted.

iv) Notwithstanding any other provision to the contrary, any items surrendered to law enforcement for safekeeping pursuant to a FOID Card revocation based upon a protective order as defined by Section 1.1 and required by Section 8.2 of the Act, shall not be destroyed until after the appeal has been exhausted.

The FOID Card holder may appeal the revocation consistent with the provisions of Section 10 of the Act and Section 1230.70 of this Part.

c) Canceled. Pursuant to Section 8.4 of the Act, individuals who are not prohibited by State or federal law from acquiring or possessing a firearm or firearm ammunition may cancel their FOID Cards for administrative purposes.

The Department will, at the FOID Card holder's request, cancel a FOID Card whenever an individual reports to the Department that:

A) they have surrendered their Illinois driver's license or Illinois Identification Card to another jurisdiction;

B) their FOID Card has been lost, stolen, or destroyed; or

C) they no longer wish to possess a FOID Card.

If an applicant's payment is rejected due to insufficient funds and the applicant fails to pay all required fees, then the Department will cancel the applicant's FOID Card.
FOID Cards that are canceled are not subject to the requirements of Section 9.5 of the Act but must be destroyed or surrendered to law enforcement.

d) Notwithstanding the provisions of this Section, the Department will comply with any court order to the contrary that is not void as a matter of law.

History

Source: Amended at 48 Ill. Reg. 2881, effective February 8, 2024

20 Ill. Adm. Code 1230.60 Return of Revoked Foid Card – Other

Any criminal justice system employee or firearm or ammunition retailer who takes possession of a revoked FOID Card shall return the revoked card to the Illinois State Police, Firearms Services Bureau, within 10 business days.

History

Source: Amended at 38 Ill. Reg. 2301, effective December 31, 2013

20 Ill. Adm. Code 1230.65 Possession and Transfer of Items Regulated by Sections 24-1.9 or 24-1.10 of the Criminal Code of 2012

a) All transfers of an assault weapon, assault weapon attachment, .50 caliber rifle, .50 caliber cartridge, or large capacity ammunition feeding device, shall be made in accordance with Sections 24-1.9 and 24-1.10 of the Criminal Code of 2012 [720 ILCS 5/24-1.9 and 720 ILCS 5/24-1.10].

b) If a person is in possession of an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, and the person fails to comply with any applicable electronic endorsement affidavit filing requirements, the person shall either surrender the possession of the items to a law enforcement agency or transfer possession of the items to a person authorized to purchase and possess such items consistent with the provisions of Sections 24-1.9 and 24-1.10 of the Criminal Code of 2012 [720 ILCS 5/24-1.9 and 720 ILCS 5/24-1.10].

c) If a person's FOID Card is revoked, suspended or canceled while in possession of an assault weapon, assault weapon attachment, .50 caliber rifle, .50 caliber cartridge, or large capacity ammunition feeding device, the person shall either surrender possession to a law enforcement agency or transfer possession of the items to a person authorized to purchase and possess such items consistent with the provisions of Sections 24-1.9 and 24-1.10 of the Criminal Code of 2012 [720 ILCS 5/24-1.9 and 720 ILCS 5/24-1.10].

If the owner surrenders possession to a law enforcement agency and intends to appeal the revocation or suspension so that the items surrendered can be returned if the appeal is successful, the owner shall notify the law enforcement agency of their intent at the time of surrender.

A) If the appeal is successful, the items surrendered shall be returned to the owner who surrendered possession in the condition in which it was surrendered.

B) If the appeal is unsuccessful, the items surrendered may, at the request of the owner, be transferred to an FFL of the owner's choosing so that the items may be sold by the FFL on behalf of the owner consistent with PICA.

C) If the appeal has not been exhausted within 180 days of the suspension, the owner must provide proof that the appeal is still pending at least every 30 days until the appeal has been exhausted.

Notwithstanding any other provision to the contrary, any items surrendered to law enforcement for safekeeping pursuant to a FOID Card suspension or revocation based upon a protective order as defined by Section 1.1 and required by Section 8.2 of the Act, shall not be destroyed until after the appeal has been exhausted.

d) If transfer of an assault weapon, assault weapon attachment, .50 caliber rifle, .50 caliber cartridge, or large capacity ammunition feeding device is required, transfer shall be made to:

Peace officers;
Qualified law enforcement and retirees;
Federal, State, or local law enforcement agencies;
Wardens, superintendents, and keepers of correctional institutions;
Armed security personnel in this State at a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission;
Private security personnel licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 [225 ILCS 447];
Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard;
Any Department or Agency of the United States government;
An individual residing in and maintaining possession in another state; or
An FFL for export to another state or for sale to exempt individuals.

e) Whenever an assault weapon, assault weapon attachment, .50 caliber rifle, .50 caliber cartridge, or large capacity ammunition feeding device is transferred to a person authorized to purchase and possess such items consistent with the provisions of Sections 24-1.9 and 24-1.10 of the Criminal Code of 2012 [720 ILCS 5/24-1.9 and 720 ILCS 5/24-1.10], the person or FFL making the transfer shall confirm the identity and eligibility of the person receiving the items.

The person or FFL making the transfer must obtain a copy of a current or retired employment identification card, a letter from the employing agency on official letterhead, or any similar official instrument used to confirm employment and identity.
A copy of the proof of eligibility must be maintained as a part of the transfer record required by Section 3(b) of the Act.
If the transfer is completed by an FFL, a copy of the proof of eligibility shall be attached to the ATF Form 4473.

f) A person in possession of an assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge consistent with the exemptions set forth in 720 ILCS 5/24-1.9(e)(i) through (v) for shooting competition events and practice, non-residents, hunting consistent with the Wildlife Code, and entertainment props, are not required to provide proof of an endorsement affidavit while engaged in the conduct set forth in the exemptions.

g) A person who has completed endorsement affidavit(s), may possess the items set forth in the endorsement affidavit(s) in any of the locations set forth in 720 ILCS 5/24-1.9(d) including:

on private property owned or immediately controlled by the person;
on private property that is not open to the public with the express permission of the person who owns or immediately controls such property;
while on the premises of a licensed firearms dealer or gunsmith for the purpose of lawful repair;
while engaged in the legal use of the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge at a properly licensed firing range or sport shooting competition venue; or
while traveling to or from these locations, provided that the assault weapon, assault weapon attachment, or .50 caliber rifle is unloaded and the assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge is enclosed in a case, firearm carrying box, shipping box, or other container.

h) Pursuant to the provisions of 720 ILCS 24-1.9(d) and 720 ILCS 24-1.10(d), assault weapons, .50 caliber rifles, and large capacity ammunition feeding devices may be temporarily surrendered to an FFL or gunsmith for repairs regardless of the duration of the repairs. Any FFL or gunsmith making repairs pursuant to these provisions may order the parts necessary to complete such repairs and return the items to their owner upon completion of the repairs regardless of the duration of the repairs so long as the repairs do not include the purchase of additional assault weapon attachments beyond those necessary to make the item functional again.

History

Source: Added at 48 Ill. Reg. 2881, effective February 8, 2024

20 Ill. Adm. Code 1230.70 Record Challenge

Any person who wishes to challenge the record serving as the basis for the denial of a FOID Card application or revocation or suspension of a FOID Card as provided in Section 10(a-10) of the Act must first submit a Request for FOID Investigation, Relief, and Reinstatement of Rights form, which is available on the Department's website at https://isp.illinois.gov/FirearmsSafety/Forms, within 60 days after the date appearing on the FOID Card application denial notice or a FOID Card revocation notice.

a) Record Challenges

The record challenger must provide the Department with all information requested pursuant to the FOID Records Challenge Requirements/Checklist available on the Department's website at https://isp.illinois.gov/FirearmsSafety/Forms;
any other reasonable documentation requested by the Department related to the determination of the record challenge.
Documentation should be submitted to:

Illinois State Police

Office of Firearms Safety

801 South 7th Street, Suite 600-S

Springfield, IL 62703

or via e-mail to:

ISP.FOID.Appeals@illinois.gov and

Upon receiving complete documentation for the record challenge, the Department will investigate the circumstances surrounding the denial or revocation action. If the Director is satisfied that the record challenger does not meet one of the grounds for denial and revocation under Section 8 of the Firearms Owners Identification Card Act, then the Director or the Director's designee will approve the record challenge.

b) FOID Card holders or applicants who wish to appeal the denial of a FOID Card application or the revocation of a FOID Card pursuant to Section 8(c) or 8(n) of the Act due to either a federal conviction or an out of state conviction must contact the jurisdiction of conviction for relief. The Director may not grant relief for these firearms prohibitors.

c) The record challenge process will not begin until the Department has received all the required documentation. If a record challenger fails to provide all of the required documentation within 60 days, the record challenge will be denied and closed.

d) Once five years have passed since a voluntary mental health admission or a clear and present designation has been made, pursuant to Section 8.1(d) of the Act, the petitioner must have received a mental health evaluation by a physician, clinical psychologist, or qualified examiner as defined in the Mental Health and Developmental Disabilities Code [405 ILCS 5] and received a certification that he or she is not a clear and present danger to himself or herself or others to be eligible to receive a FOID Card. Applicants who do not have the required certification may not request relief. The decision to deny an application serves as a final administrative decision and shall be subject to judicial review under the provisions of the Administrative Review Law pursuant to Section 11 of the Act.

e) Individuals with felony convictions required to seek relief before the circuit court pursuant to Section 10(a) of the Act may petition in writing the circuit court in the individual's county of residence for a hearing unless the individual no longer resides in Illinois. Out of State residents may petition in writing the circuit court in the county of conviction. The Director may not grant relief for felony convictions that are within the jurisdiction of the courts pursuant to Section 10(a) of the Act, unless directed to do so by a court with appropriate jurisdiction.

f) Effective January 1, 2023, pursuant to Section 10(a-5) of the FOID Act, the Board shall consider any appeal under subsection (a) beginning January 1, 2023, other than an appeal directed to the circuit court and except when the applicant is challenging the record upon which the decision to deny or revoke was based as provided in subsection (a-10). The Department shall process all decisions of the Board. This shall include:

Sending correspondence to the FOID Card holder or applicant;
Updating the FOID Card holder or applicant's status within the Department's online FOID/FCCL system; and
Sending new or replacement FOID Cards as ordered by the Board.

g) If the Director or the Director's designee denies a record challenge under subsection (a), pursuant to Section 10(a-10) of the Act, the petitioner cannot request an administrative hearing but rather, the Director shall render a final administrative decision, which shall be subject to judicial review under the provisions of the Administrative Review Law pursuant to Section 11 of the Act.

h) In the event a final administrative decision is rendered and the record challenge is denied, a new application from the petitioner will not be accepted until two years have passed since the date of the last denial unless directed to do so by a court with appropriate jurisdiction.

History

Source: Amended at 47 Ill. Reg. 2431, effective February 3, 2023

20 Ill. Adm. Code 1230.75 Request for Relief

If relief is granted by a court with appropriate jurisdiction or the FOID Card Review Board, the Department shall reinstate the petitioner's firearms rights, issue a FOID Card, and update, correct, modify, or remove the person's record in any database that the Illinois State Police makes available to the National Instant Criminal Background Check System to reflect that the basis for the firearms prohibitor for which relief has been granted no longer applies within 15 business days after of the relief decision. [430 ILCS 65/10]

History

Source: Section transferred to 20 Ill. Adm. 3500.20 at 47 Ill. Reg. 2474; added at 48 Ill. Reg. 2881, effective February 8, 2024

20 Ill. Adm. Code 1230.80 Judicial Review

If a court with appropriate jurisdiction denies an individual's request for relief from a firearms prohibitor, either upon direct appeal or upon administrative review of the Director's or the FOID Card Review Board's denial, a new application from the individual will not be accepted until two years have passed since the date relief was denied unless directed to do so by a court with appropriate jurisdiction.

History

Source: Section repealed at 38 Ill. Reg. 2301, effective December 31, 2013; added at 48 Ill. Reg. 2881, effective February 8, 2024

20 Ill. Adm. Code 1230.90 Certification (repealed)

History

Source: Repealed at 38 Ill. Reg. 2301, effective December 31, 2013

20 Ill. Adm. Code 1230.100 Reduction of Remittance (repealed)

History

Source: Repealed at 38 Ill. Reg. 2301, effective December 31, 2013

20 Ill. Adm. Code 1230.110 Retention of Remittance

Application fees relating to denied applications will not be refunded.

History

Source: Added at 22 Ill. Reg. 16629, effective September 8, 1998

20 Ill. Adm. Code 1230.120 Clear and Present Danger Reporting

a) Physicians, clinical psychologists and qualified examiners shall report determinations of a clear and present danger to the Department by making notification to the Department of Human Services in the form and manner prescribed at Section 6-103.3 of the Mental Health and Developmental Disabilities Code [405 ILCS 5]. Such reports shall be maintained in accordance with subsections (e) and (f).

b) Law enforcement officials and school administrators shall report determinations of a clear and present danger directly to the Department. The Department shall make a form and instruction for the reporting available to law enforcement officials and school administrators on its website. Such reports shall be maintained in accordance with subsections (e) and (f).

Clear and present danger reports shall be reviewed by the Department to deny a FOID card application or revoke a FOID card under Section 8(f) or 8.1(d) of this Act.
Clear and present danger reporting shall be made consistent with the Family Educational Rights and Privacy Act (20 USC 1232g) to assist the Department with protecting the health and safety of the public by denying persons who present a clear and present danger from having lawful access to weapons.

c) When five years have passed since the date of the incident giving rise to the clear and present danger, an individual whose FOID card application was denied or FOID card was revoked pursuant to Section 8(f) of the Act, will be issued a FOID card, so long as there have been no new clear and present danger reports filed in the interim and the applicant otherwise meets the requirements of the FOID Act, upon submitting:

a new application;
a mental health evaluation by a physician, clinical psychologist, or qualified examiner as defined in the Mental Health and Developmental Disabilities Code [405 ILCS 5]; and
a certification from the physician, clinical psychologist or qualified examiner that the individual is not a clear and present danger to himself, herself, or others.

d) All other requests for reinstatement after denial or revocation pursuant to a clear and present danger report shall be treated as a request for relief pursuant to Section 10(f) of the Act and must be made consistent with Section 1230.75 of this Part.

e) When the report does not meet the definition of "clear and present danger" in Section 1.1 of the Act the Department shall maintain records of clear and present danger reporting for a period of five years from when the clear and present danger report is received.

f) When a denial or revocation is warranted under Section 8(f) of the Act, the Department shall maintain records of clear and present danger reporting.

History

Source: Amended at 46 Ill. Reg. 19237, effective November 21, 2022

20 Ill. Adm. Code 1230.APPENDIX A List of Assault Weapons Subject to an Endorsement Affidavit

a) This list is consistent with the definition of "assault weapon" as set forth in Section 24-1.9 of the Criminal Code of 2012, and includes, but is not limited to, the copies, duplicates, variants, and altered facsimiles of the assault weapons identified in paragraphs (J), (K), and (L) of subdivision (1) of subsection (a). [720 ILCS 5/24-1.9]

b) This list is not intended to permit the possession of a firearm that meets the definition of assault weapon as defined by Subsection 24-1.9(a)(1) unless the person in possession has complied with the endorsement affidavit requirements of the Act.

A semiautomatic rifle that has the capacity to accept a detachable magazine or that may be readily modified to accept a detachable magazine, if the firearm has one or more of the following:

A) a pistol grip or thumbhole stock;

B) any feature capable of functioning as a protruding grip that can be held by the non-trigger hand;

C) a folding, telescoping, thumbhole, or detachable stock, or a stock that is otherwise foldable or adjustable in a manner that operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability of, the weapon;

D) a flash suppressor;

E) a grenade launcher;

F) a shroud attached to the barrel or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel.

A semiautomatic rifle that has a fixed magazine with the capacity to accept more than 10 rounds of the maximum identified chambered size round, except for an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.
A semiautomatic pistol that has the capacity to accept a detachable magazine or that may be readily modified to accept a detachable magazine, if the firearm has one or more of the following:

A) a threaded barrel;

B) a second pistol grip or another feature capable of functioning as a protruding grip that can be held by the non-trigger hand;

C) a shroud attached to the barrel or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel;

D) a flash suppressor;

E) the capacity to accept a detachable magazine at some location outside of the pistol grip; or

F) a buffer tube, arm brace, or other part that protrudes horizontally behind the pistol grip and is designed or redesigned to allow or facilitate a firearm to be fired from the shoulder.

A semiautomatic pistol that has a fixed magazine with the capacity to accept more than 15 rounds of the maximum identified chambered size round.
Any shotgun with a revolving cylinder.
A semiautomatic shotgun that has one or more of the following:

A) a pistol grip or thumbhole stock;

B) any feature capable of functioning as a protruding grip that can be held by the non-trigger hand;

C) a folding or thumbhole stock;

D) a grenade launcher;

E) a fixed magazine with the capacity of more than 5 rounds; or

F) the capacity to accept a detachable magazine.

Any semiautomatic firearm that has the capacity to accept a belt ammunition feeding device.
Any firearm that has been modified to be operable as an assault weapon as defined in this Section.
Any part or combination of parts designed or intended to convert a firearm into an assault weapon, including any combination of parts from which an assault weapon may be readily assembled if those parts are in the possession or under the control of the same person.
All of the following rifles, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon:

A) All AK types, including the following:

i) AK, AK47, AK47S, A-74, AKM, AKS, ARM, MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms AK-47, VEPR, WASR-10, and WUM.

ii) IZHMASH Saiga AK.

iii) MAADI AK47 and ARM.

iv) Norinco 56S, 56S2, 84S, and 86S.

v) Poly Technologies AK47 and AKS.

vi) SKS with a detachable magazine.

B) All AR types, including the following:

i) AR-10

ii) AR-15

iii) Alexander Arms Overmatch Plus 16.

iv) Armalite M15 22LR Carbine.

v) Armalite M15-T.

vi) Barrett REC7.

vii) Beretta AR-70.

viii) Black Rain Ordnance Recon Scout.

ix) Bushmaster ACR.

x) Bushmaster Carbon 15.

xi) Bushmaster MOE series.

xii) Bushmaster XM15.

xiii) Chiappa Firearms MFour rifles.

xiv) Colt Match Target rifles.

xv) CORE Rifle Systems CORE15 rifles.

xvi) Daniel Defense M4A1 rifles.

xvii) Devil Dog Arms 15 Series rifles.

xviii) Diamondback DB15 rifles.

xix) DoubleStar AR rifles.

xx) DPMS Tactical rifles.

xxi) DSA Inc. ZM-4 Carbine.

xxii) Heckler & Koch MR556.

xxiii) High Standard HSA-15 rifles.

xxiv) Jesse James Nomad AR-15 rifle.

xxv) Knight's Armament SR-15

xxvi) Lancer L15 rifles.

xxvii) MGI Hydra Series rifles.

xxviii) Mossberg MMR Tactical rifles.

xxix) Noreen Firearms BN 36 rifle.

xxx) Olympic Arms.

xxxi) POF USA P415.

xxxii) Precision Firearms AR rifles.

xxxiii) Remington R-15 rifles.

xxxiv) Rhino Arms AR rifles.

xxxv) Rock River Arms LAR-15 or Rock River Arms LAR-47.

xxxvi) Sig Sauer SIG516 rifles and MCX rifles.

xxxvii) Smith & Wesson M&P15 rifles.

xxxviii) Stag Arms AR rifles.

xxxix) Sturm, Ruger & Co. SR556 and AR-556 rifles.

xl) Uselton Arms Air-Lite M-4 rifles.

xli) Windham Weaponry AR rifles.

xlii) WMD Guns Big Beast.

xliii) Yankee Hill Machine Company, Inc. YHM-15 rifles.

C) Barrett M107A1.

D) Barrett M82A1.

E) Beretta CX4 Storm.

F) Calico Liberty Series.

G) CETME Sporter.

H) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR 110C.

I) Fabrique Nationale/FN Herstal FAL, LAR, 22 FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000.

J) Feather Industries AT-9.

K) Galil Model AR and Model ARM.

L) Hi-Point Carbine.

M) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC.

N) IWI TAVOR, Galil ACE rifle.

O) Kel-Tec Sub-2000, SU-16, and RFB.

P) SIG AMT, SIG PE-57, Sig Sauer SG 550, Sig Sauer SG 551, and SIG MCX.

Q) Springfield Armory SAR-48.

R) Steyr AUG.

S) Sturm, Ruger & Co. Mini-14 Tactical Rifle M-14/20CF.

T) All Thompson rifles, including the following:

i) Thompson M1SB.

ii) Thompson T1100D.

iii) Thompson T150D.

iv) Thompson T1B.

v) Thompson T1B100D.

vi) Thompson T1B50D.

vii) Thompson T1BSB.

viii) Thompson T1-C.

ix) Thompson T1D.

x) Thompson T1SB.

xi) Thompson T5.

xii) Thompson T5100D.

xiii) Thompson TM1.

xiv) Thompson TM1C.

U) UMAREX UZI rifle.

V) UZI Mini Carbine, UZI Model A Carbine, and UZI Model B Carbine.

W) Valmet M62S, M71S, and M78.

X) Vector Arms UZI Type.

Y) Weaver Arms Nighthawk.

Z) Wilkinson Arms Linda Carbine.

All of the following pistols, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof:

A) All AK types, including the following:

i) Centurion 39 AK pistol.

ii) CZ Scorpion pistol.

iii) Draco AK-47 pistol.

iv) HCR AK-47 pistol.

v) IO Inc. Hellpup AK-47 pistol.

vi) Krinkov pistol.

vii) Mini Draco AK-47 pistol.

viii) PAP M92 pistol.

ix) Yugo Krebs Krink pistol.

B) All AR types, including the following:

i) American Spirit AR-15 pistol.

ii) Bushmaster Carbon 15 pistol.

iii) Chiappa Firearms M4 Pistol GEN II.

iv) CORE Rifle Systems CORE15 Roscoe pistol.

v) Daniel Defense MK18 pistol.

vi) DoubleStar Corporation AR pistol.

vii) DPMS AR-15 pistol.

viii) Jesse James Nomad AR-15 pistol.

ix) Olympic Arms AR-15 pistol.

x) Osprey Armament MK-18 pistol.

xi) POF USA AR pistols.

xii) Rock River Arms LAR 15 pistol.

xiii) Uselton Arms Air-Lite M-4 pistol.

C) Calico pistols.

D) DSA SA58 PKP FAL pistol.

E) Encom MP-9 and MP-45.

F) Heckler & Koch model SP-89 pistol.

G) Intratec AB-10, TEC-22 Scorpion, TEC-9, and TEC-DC9.

H) IWI Galil Ace pistol, UZI PRO pistol.

I) Kel-Tec PLR 16 pistol.

J) All MAC types, including the following:

i) MAC-10.

ii) MAC-11.

iii) Masterpiece Arms MPA A930 Mini Pistol, MPA460 Pistol, MPA Tactical Pistol, and MPA Mini Tactical Pistol.

iv) Military Armament Corp. Ingram M-11.

v) Velocity Arms VMAC.

K) Sig Sauer P556 pistol.

L) Sites Spectre.

M) All Thompson types, including the following:

i) Thompson TA510D.

ii) Thompson TA5.

N) All UZI types, including Micro-UZI.

All of the following shotguns, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof:

A) DERYA Anakon MC-1980, Anakon SD12.

B) Doruk Lethal shotguns.

C) Franchi LAW-12 and SPAS 12.

D) All IZHMASH Saiga 12 types, including the following:

i) IZHMASH Saiga 12.

ii) IZHMASH Saiga 12S.

iii) IZHMASH Saiga 12S EXP-01.

iv) IZHMASH Saiga 12K.

v) IZHMASH Saiga 12K-030.

vi) IZHMASH Saiga 12K-040 Taktika.

E) Streetsweeper.

F) Striker 12.

b) This list shall be available on the Illinois State Police website and shall be updated on the website no later than October 1, 2024, and every October 1st thereafter.

History

Source: Added at 48 Ill. Reg. 2881, effective February 8, 2024

20 Ill. Adm. Code 1230.APPENDIX B List of Assault Weapons Approved for Hunting Use Expressly Permitted Under the Wildlife Code

a) As used in this Appendix B:

"Centerfire" means a gun that will only fire a round that contains the primer in the center of the cartridge and not in the rim of the cartridge. [520 ILCS 5/1.2aa]
"Migratory game birds" means all wild species of ducks, geese, swans, doves, pigeons, cranes, rails, coots, gallinules, woodcocks, and snipes consistent with 50 CFR 20.11.
"Near" means adjacent, nearby, or in close proximity.
"Single shot" means a gun that is either manufactured or modified to only be capable of holding a total of one round in the magazine and chamber combined. Firearms shall be considered single shot if there is no magazine in possession of or near a hunter in the field, and the firearm can only hold a total of one round. Assault rifles may be modified to be a single shot firearm, for example by removing the internal magazine springs and follower, using a plug to block the magazine tube, using a "0 round" magazine, or otherwise modifying the receiver or internal magazine of the rifle. "Single shot" does not include:

A) A rifle in the possession of a person who is also in possession of or in close proximity to a magazine that would allow the rifle to be capable of holding more than one round; or

B) A revolver. A gun shall be considered single shot if there is no magazine in the possession of or in close proximity to a hunter in the field and the gun can only hold a total of one round. [520 ILCS 5/1.2bb]

b) This Appendix sets forth those weapons that are approved for hunting use expressly permitted under the Wildlife Code [520 ILCS 5] and was compiled in consultation with the Department of Natural Resources. [720 ILCS 5/24-1.9] This list is not exhaustive and is not intended to prohibit hunting with a firearm that otherwise meets the definition of assault weapon as defined by Section 24-1.9(a)(1) of the Criminal Code of 2012 [720 ILCS 5/24-1.9(a)(1)] if such firearm is in compliance with the hunting requirements within the Wildlife Code.

Shotguns as set forth in subsection (b)(12) are permitted for hunting cock pheasant, Hungarian partridge, bobwhite quail, wild turkey, crow, and migratory game birds if the shotgun meets the gauge or caliber, ammunition, and number of rounds limitations pursuant to the Wildlife Code and as set forth by the Illinois Department of Natural Resources in Title 17 of the Illinois Administrative Code.
All assault weapons set forth in Section 1230.Appendix A are permitted for hunting raccoon, opossum, striped skunk, red fox, gray fox, bobcat, squirrels, and woodchuck (groundhog), coyote, cottontail and swamp rabbit, and wild swine if the weapon meets the gauge or caliber, ammunition, and number of rounds limitations pursuant to the Wildlife Code and as set forth by the Illinois Department of Natural Resources in Title 17 of the Illinois Administrative Code.
All assault weapons set forth in Section 1230.Appendix A are permitted for hunting white tailed deer if the weapon meets the gauge or caliber, ammunition and centerfire single shot limitations pursuant to Section 2.25 of the Wildlife Code and as set forth by the Illinois Department of Natural Resources in Title 17 of the Illinois Administrative Code. Hunters may not be in possession of or near a magazine that can alter the rifle to no longer meet the definition of single shot.
No assault weapon set forth in Section 1230.Appendix A is permitted for hunting beaver, badger, river otter, weasel, mink and muskrat. For additional information regarding trapping of such wildlife please refer to the Wildlife Code and the administrative rules adopted by the Illinois Department of Natural Resources in Title 17 of the Illinois Administrative Code.

c) Notwithstanding subsection (b), all assault weapons approved for hunting are subject to existing laws under the Wildlife Code [520 ILCS 5] and rules under Title 17 of the Illinois Administrative Code, including, but not limited to, the number of rounds permitted in, a magazine and chamber combined; the Illinois Department of Natural Resources site specific rules; caliber of weapon, type of ammunition, and circumstances under which the weapon can be used to hunt a specific species; and the season when wildlife may be taken. (See also 17 Ill. Adm. Code 510, 530, 550, 570, 590, 650, 660, 675, 680, 690, 710, 715, 730, and 740).

d) Notwithstanding subsections (b) and (c), possession of assault weapons must be compliant with the Protecting Illinois Communities Act (P.A. 102-1116) and the administrative rules required by such Act, including but not limited to the electronic endorsement affidavit requirement as set forth in Section 1230.15(b)(3).

e) This list shall be updated annually in rule and will be available and updated regularly on the Illinois State Police website.

History

Source: Added at 48 Ill. Reg. 2881, effective February 8, 2024

20 Ill. Adm. Code 1230.EXHIBIT A Application for Firearm Owner's Identification Card (form Foid-1.2) (repealed)

History

Source: Repealed at 17 Ill. Reg. 18856, effective October 18, 1993

20 Ill. Adm. Code 1230.EXHIBIT B Certification (repealed)

History

Source: Repealed at 17 Ill. Reg. 18856, effective October 18, 1993

Part 1231 Firearm Concealed Carry Act Procedures

20 Ill. Adm. Code 1231.10 Definitions

In addition to the definitions included in this Section, any additional definitions created in Section 5 of the Act apply.

"Act" means the Firearms Concealed Carry Act [430 ILCS 66].

"Active" means the Firearm Concealed Carry License is active in the online FOID/FCCL system and valid for purposes of carrying a concealed firearm.

"All Applicable State and Federal Laws Relating to the Ownership, Storage, Carry and Transportation of Firearms Instruction" means, at a minimum, instruction on the Act in its entirety, with emphasis on Sections 10(h) and 65 of the Act; the Firearm Owner Identification Card Act [430 ILCS 65]; relevant portions of the Criminal Code of 2012, including but not limited to, use of force in defense of a person [720 ILCS 5/7-1], use of force in defense of dwelling [720 ILCS 5/7-2], use of force in defense of other property [720 ILCS 5/7-3], and unlawful use of a weapon [720 ILCS 5/Art. 24].

"Application Verification Document" means the documents electronically generated by the Department upon submission of a completed Firearms Instructor Approval Application, which authorizes the Department to verify the answers given and confirm the validity of the information provided.

"B-27 Silhouette Target" means any target that complies with the National Rifle Association of America B-27 50 Yard Target Specifications.

"Basic Principles of Marksmanship Instruction" means, at a minimum, instruction on stance, grip, sight alignment, sight picture and trigger control.

"Care, Cleaning, Loading and Unloading of a Concealable Firearm Instruction" means, at a minimum, instruction on gun identification, ammunition identification and selection, safety and cleaning protocols, cleaning equipment, and firearms loading and unloading.

"CCLRB" means the Concealed Carry Licensing Review Board.

"Department" means the Illinois State Police.

"Designator" means an indication printed on the face of a FOID Card signaling that the card holder has been issued an FCCL.

"FCCL" means Firearms Concealed Carry License issued pursuant to the Act, which may be indicated as a Designator printed on the face of a FOID Card.

"Firearms Safety Instruction" means, at a minimum, instruction on the four basic firearms handling safety rules, home storage, vehicle storage and public storage.

"FOID Act" means the Firearm Owner's Identification Card Act [430 ILCS 65].

"FOID Card" means the Firearm Owner's Identification Card as defined in Section 6 of the FOID Act, which may include an FCCL Designator printed on the face of the card.

"Four Basic Firearms Handling Safety Rules" means:

Keep the firearm pointed in a safe direction and never at anything the shooter is not willing to destroy;

Keep finger off the trigger until the sights are aligned on target and the shooter is ready to shoot and do not press on the trigger unless the shooter intends to fire;

Treat all guns as though they are always loaded; and

Know the target and what lies beyond the target.

For purposes of Section 75(e) of the Act, "hit the target" shall mean hit the scoring area of the B-27 Silhouette Target.

"Illinois Resident" means a person who qualifies for an Illinois driver's license, other than a Temporary Visitor's Driver's License (TVDL), or an Illinois State identification card due to his or her establishment of a primary domicile in Illinois.

"In Person" means during a live, face-to-face interaction and not via video conference, webinar or any other electronic media, except that pre-recorded materials may be used by an instructor during a live presentation.

"Law Enforcement Official" means an employee of a government agency who:

is authorized by law to engage in or supervise the prevention, detection, investigation, prosecution or incarceration of any person for any violation of law;

has statutory powers of arrest or custodial detention;

is authorized by the agency to carry a firearm while on duty;

is not the subject of any disciplinary action by the employing agency that could result in termination;

meets the standards established by the agency that require the employee to regularly qualify in the use of a firearm; and

is not prohibited by federal law from possessing a firearm.

"LEADS" means the Illinois Law Enforcement Agencies Data System maintained by the Department. It is a statewide, computerized telecommunications system designed to provide services, information and capabilities to the Illinois law enforcement and criminal justice community.

"NICS" means the National Instant Criminal Background Check System maintained by the Federal Bureau of Investigation.

"NLETS" means the National Law Enforcement Telecommunications System.

"Online FOID/FCCL System" means the Department's applicant and person-to-person portal which allows a person to apply for a FOID Card or FCCL and access their FOID Card/FCCL dashboard, as well as determine whether the applicant's FOID Card or another person's FOID Card is valid and active where permitted by law.

"Public Storage" means storage at publicly-owned location, for example in a storage locker provided by a public or government facility, which may or may not have its own storage rules or protocols.

"Purchaser" means any person who is buying or receiving firearms or firearms ammunition as part of sale or transfer.

"Reset" means the Department takes action to ensure the applicant may reapply with its online FOID/FCCL system.

"Seller" means any person who is selling or transferring firearms or firearms ammunition as part of a sale or transfer.

"Transfer" means the permanent relinquishment of ownership of a firearm to another person regardless of whether consideration or money is received by the seller.

"Substantially Similar" means the comparable state regulates who may carry firearms, concealed or otherwise, in public; prohibits all who have involuntary mental health admissions, and those with voluntary admissions within the past 5 years, from carrying firearms, concealed or otherwise, in public; reports denied persons to NICS; and participates in reporting persons authorized to carry firearms, concealed or otherwise, in public through NLETs.

"United States Armed Forces" shall, for purposes of Section 75 of the Act, include all branches of the U.S. Military (Army, Air Force, Coast Guard, Marine Corps and Navy), as well as the Federal Reserve Components (Army, Navy, Air Force, Marine Corps and Coast Guard) and National Guard (Army and Air).

"Valid Driver's License" or "Valid State Identification Card" means current and not suspended, revoked, expired, cancelled, invalidated, denied or disqualified. It does not include a temporary visitor's driver's license (TVDL).

"Valid Firearms Instructor Certification" means certification as:

a Law Enforcement Firearms Instructor; or

a Firearms Instructor qualified to teach either handgun safety or a handgun training course that requires in-person classroom or lecture sessions totaling at least 3 hours and a live handgun firing component that was issued by:

a law enforcement entity;

a State or federal government entity (e.g., Military, Coast Guard, etc.);

the Illinois Law Enforcement Training Standards Board;

the National Rifle Association of America (NRA); or

any other entity recognized by at least 3 state or federal government agencies as being qualified to provide education and training in the safe and proper use of firearms that maintains a program or process to certify instructors.

"Weapons Handling Instruction" means, at a minimum:

handgun fundamentals;

handgun concealment;

live fire qualification instruction; and

live fire qualification with a concealable firearm using a B-27 silhouette target consisting of a minimum of 30 rounds and 10 rounds from a distance of 5 yards, 10 rounds from a distance of 7 yards and 10 rounds from a distance of 10 yards.

"Within a Vehicle" means within the passenger compartment of a passenger or recreational vehicle or within a lockable container secured to a motorcycle.

History

Source: Amended at 46 Ill. Reg. 1081, effective December 21, 2021

20 Ill. Adm. Code 1231.20 Instructor Approval

a) Applicants for Concealed Carry Firearm Instructor (Instructor) approval shall meet the requirements of Section 80 of the Act and shall maintain:

A valid Firearm Owner's Identification (FOID) Card or, if an out-of-state resident, the applicant must meet all of the eligibility requirements to obtain a FOID Card other than Illinois residency (see 20 Ill. Adm. Code 1230); and
After April 16, 2014, a valid FCCL, unless the applicant is not required to possess an FCCL to conceal and carry handguns in Illinois, or, if the applicant is an out-of-state resident not from a substantially similar state, that person shall provide proof to the Department upon request that he or she is not required to possess an FCCL to conceal and carry handguns in Illinois, or that he or she is eligible to carry under the laws of his or her state or territory of residence.

b) Application to be a Concealed Carry Firearms Instructor shall be made by first submitting a full set of fingerprints to the Department in an electronic format using a Live Scan Vendor licensed by the Department of Financial and Professional Regulation or a law enforcement agency registered by the Department. Manual fingerprints will not be accepted.

c) Upon receiving a Live Scan Fingerprint Transaction Control Number (TCN) from the Licensed Live Scan Vendor or law enforcement agency registered by the Department, the applicant shall electronically complete and submit the Department's Concealed Carry Firearms Instructor Approval Application (Application), available on the Department's website at www.isp.state.il.us.

d) The Application must be complete and accurate. Incomplete Applications will not be accepted or processed. Upon receipt of an incomplete Application, the Department shall notify the instructor applicant and advise what information is missing. If an instructor applicant has not provided the missing information in response to the Department's notification within 60 days after notice from the Department, the Application shall be denied.

e) Applicants must have read the Act in its entirety and understand the rules and requirements of this Part.

f) Applicants must meet all of the requirements of Section 30 of the Act.

g) Upon completing and submitting the Application electronically, the applicant must print the Application Verification Document, sign it, have it notarized, attach the required Valid Firearms Instructor Certifications, and submit the Certification documents to:

Illinois State Police

Concealed Carry Firearms Instructor Approval

P.O. Box 19333

Springfield IL 62724

History

Source: Amended at 38 Ill. Reg. 19282, effective September 12, 2014

20 Ill. Adm. Code 1231.30 Instructor Approval Revocation

a) Revocation or expiration of either the FOID Card or FCCL shall result in the immediate revocation of the Instructor's approval.

b) The Department may revoke an Instructor's approval upon receiving substantiated information that the Instructor is not teaching the curriculum in a manner consistent with Section 75 of the Act.

c) The Department may, without providing prior notice, audit an Instructor's scheduled training for purposes of investigating allegations that an Instructor and/or curriculum is not in compliance with the Act and this Part.

To facilitate an adequate audit trail, instructors shall maintain all records to support any training certification as required by Section 75(f) of the Act, which shall include:

A) copies of training certificates currently accepted to satisfy the prior training credit submitted by students; and

B) written training rosters that shall include:

i) instructor's name and CCT number;

ii) curriculum name and CCC number;

iii) student's full legal name;

iv) student's date of birth;

v) student's address;

vi) student's phone number;

vii) total hours attended, broken down to identify hours per topic covered as approved in Section 1231.40;

viii) pass/fail live fire qualification; and

ix) an indication of yes/no on issuance of ISP CCL training certificate, which shall serve as proof of completion of training.

d) Complaints regarding Instructors may be made by contacting the Department (see the Department's website at www.isp.state.il.us).

e) Upon revocation of an Instructor's approval, the Instructor's name and information shall be removed from the registry of approved Instructors maintained by the Department and available on its website.

f) Once an Instructor's approval is revoked and the Department issues a letter of revocation to the Instructor, the Instructor may appeal the revocation to the Director of the Department and present evidence that the factors resulting in the revocation have been resolved. If the Director determines that the revocation of approval was not warranted, or that the issues that resulted in revocation have been remedied, the Instructor's approval shall be reinstated, the Instructor shall be notified and the name of the Instructor shall be restored to the registry of approved Instructors.

History

Source: Amended at 38 Ill. Reg. 19282, effective September 12, 2014

20 Ill. Adm. Code 1231.40 Curriculum Approval

a) Application for curriculum approval shall be made by completing and submitting a Request for Approval of a Concealed Carry License Firearms Curriculum form, which is available on the Department's website.

b) The application must be complete, accurate, signed, and notarized. If the application is not completed properly, it will be returned to the applicant and will not be processed.

c) The applicant shall verify that the proposed curriculum meets the requirements set forth in the Act and that the course will be taught in person, as described in this Section.

d) Training necessary for issuance of the FCCL shall consist of 16 hours of classroom and firearm training. Pursuant to Section 75(g), (h) and (i) of the Act, fewer hours of training, or no additional training, will be acceptable in certain instances (see Appendix B) indicating prior firearms training.

A 16 hour training course must, at a minimum, cover the following topics:

A) Firearms Safety − a minimum of 1 hour;

B) Basic Principles of Marksmanship − a minimum of 1 hour;

C) Care, Cleaning, Loading and Unloading of a Concealable Firearm − a minimum of 1 hour;

D) All Applicable State and Federal Laws Relating to the Ownership, Storage, Carry and Transportation of a Firearm and appropriate and lawful interaction with law enforcement while transporting or carrying a concealed firearm − a minimum of 2 hours; and

E) Weapons Handling − a minimum of 1 hour.

An 8 hour training course must, at a minimum, cover the following topics:

A) All Applicable State and Federal Laws Relating to the Ownership, Storage, Carry and Transportation of a Firearm and appropriate and lawful interaction with law enforcement while transporting or carrying a concealed firearm − a minimum of 2 hours; and

B) Weapons Handling − a minimum of 1 hour.

For the topics to be included in the 16 hour and 8 hour training courses, the minimum hours established in this subsection (d) have been determined to be sufficient for the experienced shooter and shall be adjusted upward by the approved instructor based upon the skill level of those to be trained to ensure proficiency by all upon the completion of the required training component.

e) A 3 hour licensure renewal course must, at a minimum, cover the following topics:

Two hours to cover:

A) any updates to Illinois or federal firearms laws governing concealed carry in Illinois;

B) updates in the Criminal Code Sections listed in Section 1231.10; and

C) appropriate and lawful interaction with law enforcement while transporting or carrying a concealed firearm; and

One hour of instruction to include a live fire qualification with a concealable firearm using a B-27 silhouette target consisting of a minimum of 30 rounds and 10 rounds from a distance of 5 yards, 10 rounds from a distance of 7 yards and 10 rounds from a distance of 10 yards.

f) The Department may request a complete course outline and instructional notes or any additional course related information from the applicant. If the applicant refuses the request, the application will be deemed incomplete and returned to the applicant.

g) Once approved by the Department, the curriculum may only be taught by an Instructor approved by the Department under Section 1231.20 who is listed on the registry of approved Instructors.

h) Upon receiving substantiated information that a curriculum is not consistent with Section 75 of the Act, the Department may remove that curriculum from the list of approved curriculums maintained on the Department's website.

i) Once a curriculum is removed from the list of approved curricula, the decision to remove the curriculum from the list may be appealed to the Director of the Department and evidence must be presented that the factors resulting in the revocation have been resolved. If the Director determines that the removal of the curriculum from the list was not warranted, or that the issues that resulted in that removal have been remediated, the curriculum approval shall be reinstated to the list.

20 Ill. Adm. Code 1231.50 Training Certification

a) Approved Instructors shall complete for FCCL applicants the Department's Concealed Carry Firearms Training Certification form, which is available on the Department's website.

b) The Certification form shall only be completed for those FCCL applicants who the Instructor trained in person for whom the Instructor can verify:

successful completion of the appropriate Department approved curriculum; or
that the FCCL applicant has already successfully completed training through a Department approved curriculum.

c) On the Certification form, the Instructor shall:

certify the number of hours the FCCL applicant successfully completed; and
provide the unique identification number assigned by the Department to the approved curriculum and the Instructor.

d) For those FCCL applicants who provided proof of up to 8 hours of training already completed toward the 16 hours training, the Instructor shall:

verify the aggregate number of hours for which the FCCL applicant provided proof of instruction in Firearms Safety, Basic Principles of Marksmanship, and Care, Cleaning, Loading and Unloading of a Concealable Firearm, based upon a list provided by the Department of accepted training courses, and provide the necessary additional hours of training to equal 16 hours total;
certify whether the FCCL applicant successfully completed the 8 hours training required by Section 1231.40; and
identify which prior training credits the Instructor verified, as identified on the Department's Concealed Carry Firearm Training Certification form.

e) The Instructor may certify up to 8 hours of prior training, consistent with Section 75 of the Act. The prior training may be substituted for no more than the following number of hours in any of the topics required by Section 1231.40(d)(2):

Firearms Safety − a maximum of 2 classroom hours;
Basic Principles of Marksmanship − a maximum of 3 classroom and range hours; and
Care, Cleaning, Loading and Unloading of a Concealable Firearm − a maximum of 3 classroom and range hours.

History

Source: Amended at 38 Ill. Reg. 19282, effective September 12, 2014

20 Ill. Adm. Code 1231.60 Issuance of License

a) An FCCL shall expire 5 years after the date of issuance.

b) The Department shall, 180 days prior to the expiration of an FCCL, forward to the last known address of each person whose FCCL is set to expire a notification of the expiration and instructions for renewal. If the person whose FCCL is set to expire has opted to receive electronic communications from the Department in accordance with Section 100(d)(1), then this notification will be sent via e-mail or text message.

c) The Department shall make applications available via its website no later than January 5, 2014. No later than January 1, 2022, the Department will provide an alternative to the web-based application process for Illinois residents who have limited or no access to the web-based application process by providing customer service kiosks at designated locations throughout the State.

Assistance with completing the application is available at all customer service kiosks. The locations of kiosks are available on the Department's website or by contacting the Firearm Services Bureau Call Center at (217) 782-7180.
Paper applications, which may be obtained by contacting the Firearm Services Bureau Call Center, will only be accepted from applicants with appropriate proof they are unable to apply either on the internet or at a customer service kiosk due to religion or disability. Proof of disability includes, but is not limited to, documentation from:

A) the Social Security Administration;

B) the Illinois Workers' Compensation Commission;

C) the U.S. Department of Defense;

D) an insurer authorized to transact business in Illinois who is providing disability insurance coverage; or

E) a physician or health care provider licensed in this State and is in the position to know the applicant's medical condition.

d) Applicants submitting fingerprints shall do so electronically by submitting a full set of fingerprints to the Department in an electronic format using a Live Scan vendor licensed by the Department of Financial and Professional Regulation or a law enforcement agency registered by the Department. Manual fingerprints will not be accepted.

e) Upon receiving a Live Scan Fingerprint Transaction Control Number (TCN) from the licensed Live Scan vendor or law enforcement agency, the applicant shall electronically complete and submit the FCCL to the Department.

f) The TCN for FCCL applicants will have a unique purpose code for the FCCL application process. Concealed Carry Firearm Instructors may use the TCN previously obtained for the instructor application process. No other previously obtained TCNs may be used unless the purpose code is approved for FOID or FCCL use under federal law.

g) The database of FCCL applicants maintained by the Department pursuant to Section 10(i) of Act shall be exempt from FOIA pursuant to FOIA Section 7.5(v) [5 ILCS 140/7.5(v)].

Persons authorized to access the database shall register with the Department to obtain a unique password granting them secure access to the database.
The entity employing persons requesting access to the database shall appoint a person to act as the entity's point of contact and shall enter into an agreement with the Department defining the security protocols of the database and access to the database.

h) Upon the development of a system under which an electronic version of an FCCL can be displayed on a mobile telephone other portable electronic device, the possession of that electronic version shall satisfy the requirements of Section 10(c) of the Act regarding possession of an FCCL so long as the device contains all security features required by the Department to ensure electronic version is current and accurate.

History

Source: Amended at 46 Ill. Reg. 1081, effective December 21, 2021

20 Ill. Adm. Code 1231.70 Objections

a) Criminal history background checks for all FCCL applicants will be conducted by the Department. Law enforcement officials who wish to raise an objection to an FCCL applicant shall not use LEADS to run background checks to determine FCCL eligibility.

b) Law enforcement officials may submit objections outside of the criminal history background check procedure via an electronic objection process available on the Department's website. Manual submissions and LEADS information will not be accepted.

Law enforcement officials submitting an objection shall provide a narrative outlining the detailed reason for the objection.
Law enforcement officials submitting an objection shall attach any available documentation, other than information obtained from LEADS, supporting their objection.

c) The Department may deny an application based upon a disqualifier identified pursuant to Section 25 of the Act; however, the local law enforcement official shall be permitted to submit objections for the duration of the objection period prescribed by Section 15 of the Act.

d) If, upon or after receiving an objection from a local law enforcement official, an FCCL applicant is disqualified through the criminal history background check conducted under Section 25 of the Act, the Department will maintain a record of those objections. The objections will not be forwarded to the Concealed Carry Licensing Review Board for further consideration.

20 Ill. Adm. Code 1231.80 Review Board

a) The Concealed Carry Licensing Review Board is part of the criminal justice process responsible for reviewing an FCCL applicant's criminal history record and eligibility.

b) Applicants disqualified pursuant to Section 25 of the Act shall not be referred to the Concealed Carry Licensing Review Board.

c) If the applicant is subject to review pursuant to Section 20 of the Act, the Department will make the results of the applicant's State criminal history background check and federal and out-of-state fingerprint-based criminal history background check, as well as any local law enforcement objections, available to the Concealed Carry Licensing Review Board.

d) The Concealed Carry Licensing Review Board shall provide the Department with its final decision on each applicant in an electronic report authored by the Chairperson of the Board.

20 Ill. Adm. Code 1231.90 Qualifications for a License

a) Applicants shall meet the requirements of Sections 25 and 30 of the Act, as well as Sections 4 and 8 of the FOID Act.

b) FCCL applicants who are Illinois residents must have a valid FOID Card. Illinois residents who have applied for a FOID Card may apply for an FCCL before the FOID Card is issued. The Department will not approve the FCCL application until the applicant has been issued a FOID Card. If the FCCL applicant's FOID Card application is denied, the FCCL fee is not refundable (see Section 60(a) of the Act).

c) The Department shall deny the FCCL application for any FCCL applicant who is prohibited under State or federal law from possessing or receiving a firearm.

20 Ill. Adm. Code 1231.100 Application

a) The application shall include the information required in Sections 25 and 30 of the Act, as well as the information required in Sections 4, 8, and 8.2 of the FOID Act. The application shall also include the FCCL applicant's citizenship, race, gender, phone number, e-mail address (if available) and state of residence. For Illinois residents, the application shall include the FCCL applicant's driver's license or identification card number and its expiration date.

b) As part of the application process and pursuant to Section 30(b)(10) of the Act, FCCL applicants must electronically upload proof of compliance (e.g., training certificates; official documentation from the employing agency demonstrating that the applicant is an active law enforcement or corrections officer, has completed required firearms training, and is authorized to carry a firearm; official documentation from the Department approving the Concealed Carry Firearm Instructor's application that includes the Instructor Number; official documentation from the Illinois Law Enforcement Training and Standards Board; printouts from the Illinois Department of Financial and Professional Regulations' "License Look-up" that includes the licensee's name, license number and license status; etc.) with the training requirements of Section 75 of the Act. For every certificate submitted, FCCL applicants must include the Instructor's name and contact number and the name of the approved curriculum, as well as the unique identification numbers assigned by the Department to the instructor and the curriculum.

c) All information required pursuant to Section 30 of the Act as made available by the Department on its website shall be submitted electronically as part of the FCCL application, including but not limited to, any certifications regarding qualifications for a license under penalty of perjury.

All applications pending on January 1, 2022, will be processed by the Department without further fee to the applicant if all fees as set forth in Section 1231.140 have been previously paid.
However, if an application is incomplete or inaccurate, the applicant will be subject to subsections (f) and (g).

d) FCCL applicants shall select whether they prefer to receive Department FCCL related notifications via e-mail, text message, or written notification.

Applicants will be prompted to indicate how they wish to receive future communications, messages, and alerts using the applicant portal.
If selecting e-mail or text messaging notifications, applicants shall opt out of first-class mail communication and provide a current e-mail address or cellular phone number to the Department as part of the application process and are responsible for checking the e-mail address and cellular phone number provided for correspondence from the Department regarding the application.
The Department will require persons who select electronic communication to consent to accept service by electronic means of all notes, orders, pleadings, and motions filed in this matter in lieu of service by certified or regular mail.

A) The person will be prompted to accept electronic service through the application portal.

B) Service shall be made upon the party's email address provided through the applicant portal.

e) If any of the FCCL applicant's contact information changes, including but not limited to the applicant's e-mail address or cellular number, the FCCL applicant shall amend the applicant's application to notify the Department of the corrected contact information.

f) An application is complete if it contains all of the information and materials required by this Act, as well as the requisite fee which shall include a processing fee. Upon receipt of an incomplete application, the Department shall notify the FCCL applicant and advise the applicant as to what information is missing. The application shall not be deemed complete and the provisions of Section 10(e) of the Act shall not apply until the FCCL applicant provides a complete application including the requested missing information.

g) If an FCCL applicant has not provided the missing information in response to the Department's notification within 60 days after notice from the Department, the application shall be denied.

History

Source: Amended at 46 Ill. Reg. 1081, effective December 21, 2021

20 Ill. Adm. Code 1231.110 Non-Resident Application

a) Pursuant to Section 40(b) of the Act, non-resident FCCL applications will only be accepted from persons licensed or permitted to carry firearms, concealed or otherwise, in public, in a substantially similar state.

b) The Department shall post on its website a list of all states determined to be substantially similar.

c) The Department shall determine which states are substantially similar, as defined in Section 1231.10, to Illinois in their manner of regulating concealed carry of firearms by surveying all other states.

d) Non-resident FCCL applicants shall obtain a non-resident eligibility affidavit from the Department's website.

The affidavit must be completed and notarized by all non-resident FCCL applicants.
A copy of the affidavit must be submitted as an electronic attachment to the non-resident's FCCL application through the on-line application process.
The original affidavit with notary stamp must be retained by the non-resident FCCL applicant and provided to the Department upon request.

e) FCCL applicants applying under the non-immigrant visa exception to the FOID Act (see 430 ILCS 65/8(i-5) and 20 Ill. Adm. Code 1231.20(g)) shall provide a letter from their foreign government stating the purpose for travel to Illinois, the date the applicant's non-immigrant visa expires, and the need for the FOID Card, or a waiver from this provision granted by the U.S. Attorney General.

f) All documentation required by Section 40(c) and (d) of the Act shall be submitted to the Department electronically by uploading it as an attachment to the non-resident's FCCL application.

20 Ill. Adm. Code 1231.120 Renewal

All information required pursuant to Section 50 of the Act as made available by the Department on its website shall be submitted electronically as a part of the FCCL renewal application, including but not limited to, any certifications regarding qualifications for a license under penalty of perjury. Licensees eligible for a paper application pursuant to 1230.20(a)(2), may contact the Firearms Services Bureau Call Center. A renewal application is complete if it contains all of the information and materials required by the Act, as well as the requisite fee which shall include a processing fee.

a) FCCL renewal applicants may submit a full set of fingerprints to the Department in an electronic format using a Live Scan vendor licensed by the Department of Financial and Professional Regulation or a law enforcement agency registered by the Department if the renewal applicant did not do so at the time of the applicant's original FCCL application.

Renewal fingerprints must comply with the provisions set forth in Section 1231.60.
FCCL renewal applicants who submitted fingerprints at the time of their original FCCL application need not submit additional sets of fingerprints upon renewal.

b) The Department will grant or deny an FCCL renewal application no later than 90 days after receipt of a completed application, except that the Department is granted by Section 30(b)(8) of the Act 30 days in addition to the 90 days if the applicant has not previously submitted a full set of fingerprints in electronic format.

c) Conditional Renewal During a Gubernatorial Disaster Proclamation

Any FCCL that expires during a Gubernatorial Disaster Proclamation issued pursuant to Section 7 of the Illinois Emergency Management Act [20 ILCS 3305] shall be considered conditionally renewed provided that the:

A) application is submitted for renewal pursuant to the requirements of Sections 30, 40 and 50 of the Act while a statewide Gubernatorial Disaster Proclamation is in effect;

B) applicant has an active FOID card pursuant to the requirements of Sections 4, 5, 8 and 8.2 of the FOID Act; and

C) applicant's FCCL card is not subject to revocation pursuant to the provisions of Section 70 of the Act.

Any conditionally renewed FCCL card shall be deemed valid for the purposes of possessing and carrying firearms, unless the FCCL card is subject to revocation or suspension under Section 70 of the Act.
The validity of a FCCL card during a conditional renewal period will be reflected in any inquiry into the Department's database of license applicants and licensees that is available to all federal, state, and local law enforcement agencies, State's Attorneys, the Attorney General, and authorized court personnel.
Conditionally renewed licenses shall remain active until a new FCCL card is issued.

d) Any renewed FCCL card expires 5 years from the date of issuance.

History

Source: Amended at 46 Ill. Reg. 1081, effective December 21, 2021

20 Ill. Adm. Code 1231.130 Change Requests

The notification requirements of Section 55 of the Act shall be made by the licensee through an online process established by the Department and available on its website. Licensees eligible for a paper application pursuant to 1230.20(a)(2), may contact the Firearms Services Bureau for assistance with Change Requests.

a) The acknowledgement that the FCCL is no longer in the licensee's possession required by the Act shall be made through the online FOID/CCL system that is available on the Department's website.

b) Any information required pursuant to Section 55 of the Act, as made available by the Department on its website, including but not limited to, any certifications regarding qualifications for a license under penalty of perjury, shall be submitted electronically.

c) Where required, submission of the acknowledgement and any information via the online FOID/CCL system shall serve as a record of the required notification.

d) Upon receipt of an incomplete change request, the Department shall notify the FCCL applicant and advise what information is missing. If an FCCL applicant has not provided the missing information in response to the Department's notification within 60 days after notice from the Department, the request shall be denied.

History

Source: Amended at 46 Ill. Reg. 1081, effective December 21, 2021

20 Ill. Adm. Code 1231.140 Fees

a) FCCL applicants shall pay the fee required by Section 60 of the Act, in full, when submitting their application.

b) All application fees shall be collected using the Illinois State Treasurer's E-Pay program, which is linked to the electronic FCCL application on the DSP website. A convenience fee will be charged in accordance with the Illinois State Treasurer's E-Pay program.

c) Application, renewal and replacement fees are non-refundable.

d) All fees collected for criminal history records checks required by Section 35 of the Act will be collected by the licensed Live Scan Vendors or local law enforcement agencies at the time of fingerprinting and transmitted to the Department for deposit in the State Police Services Fund. A convenience fee may be charged by the licensed Live Scan Vendors or local law enforcement agencies as provided by Section 31-5 of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 [225 ILCS 447/31-5].

20 Ill. Adm. Code 1231.150 Prohibited Areas

Section 65 of the Act specifies areas where concealed carry of firearms is prohibited and requires posting of those areas.

a) A template for signs required pursuant to Section 65(d) of the Act is provided in Appendix A and is available on the Department's website.

b) Owners of prohibited areas may utilize signage larger in size than the template provided, at their discretion. If prohibited areas use a larger sign, the template provided shall be reproduced somewhere on the larger sign no smaller than the 4" x 6" dimension required by the Act.

c) Prohibited areas may include additional language on their signs. If prohibited areas include additional language, the template provided shall be reproduced somewhere on the larger sign no smaller than the 4" x 6" dimension required by the Act.

d) The required signs shall be clearly and conspicuously posted at the entrance of the building, premises or real property. The sign shall provide persons entering the property notice that they are entering a prohibited area in which, pursuant to the Act, they shall not carry a concealed firearm.

20 Ill. Adm. Code 1231.160 Fccl Suspension, Revocation and Cancellation

a) Section 70 of the Act specifies violations resulting in suspension, revocation or cancellation of an FCCL.

Whenever a FOID Card is suspended pursuant to 20 Ill. Adm. Code 1230. 50 (Return of FOID Card – Applicant) and the FOID Card holder has an FCCL, the FCCL shall be suspended for the duration of the FOID Card suspension.
Upon reinstatement of a previously suspended FOID Card, the FCCL shall be reinstated as well.
Whenever a FOID Card is expired and the Department has not received a renewal application from a licensee, the FCCL shall not be renewed and shall be placed in a suspended status for a period of up to one year to allow the licensee to renew their FOID Card.

b) The Department will provide written notice to the licensee of a suspension, revocation or cancellation.

c) The license of a person in violation of Section 70(d) or (e) of the Act will be suspended for a period of 6 months upon conviction of the second violation and shall be permanently revoked for a third violation.

d) Surrender/Seizure of an FCCL

A person whose FCCL has been revoked or suspended shall surrender the FCCL to the local law enforcement agency where the person resides within 48 hours after receiving notice of the revocation or suspension except as provided in this subsection (d)(1).

A) If the revoked or suspended licensee has been issued a combined FOID card with FCCL Designator, the licensee does not need to surrender licensee's combined FOID card if the FOID card remains active.

B) If the licensee's FCCL is suspended because the licensee's FOID card has been suspended and the licensee has not been issued a combined FOID card with FCCL Designator, the licensee shall surrender the FCCL to the law enforcement agency or person listed on the Firearm Disposition Record consistent with 20 Ill. Adm. Code 1230.50 (Return of FOID Card – Applicant) regardless of whether the person issued the FOID card owns or possesses firearms.

The FCCL revocation or suspension will be reflected in the Illinois State Police's online FOID/FCCL system.
If the licensee whose FCCL has been revoked or suspended fails to comply with the requirements of this subsection, the law enforcement agency where the person resides may petition the circuit court to issue a warrant to search for and seize the FCCL.
Upon receipt of a surrendered FCCL, the local law enforcement agency shall confirm that the license is revoked or suspended and destroy it. If the license has not been revoked or suspended, it shall be returned to the licensee.

History

Source: Amended at 46 Ill. Reg. 1081, effective December 21, 2021

20 Ill. Adm. Code 1231.170 Appeals

a) Appeals to CCLRB

An individual whose application for an FCCL is denied or whose FCCL is suspended or revoked may petition the Department for relief unless the denial is based upon a determination of the CCLRB. A denial based upon a determination of the CCLRB may be appealed through petition to the circuit court in the county of the applicant's residence, pursuant to Section 87(a) of the Act.

In the event relief is denied by the circuit court in the county of the applicant's residence, a new application from the petitioner will not be accepted for two years after the date of the last denial unless directed to do so by a court with appropriate jurisdiction.
If the applicant does not appeal to a circuit court within 35 days from the date the denial was served, 60 days after the date of denial, the applicant may request that the Department reset the application one time within two years after the date of the denial.

A) No additional request to reset the application will be permitted.

B) If no appeal is made and a request to reset the application is not received, the application will automatically be reset once within two years after the date of the denial.

b) Informal Relief Proceeding

Individuals who wish to request relief from the Department shall provide written notice to the Department within 60 days after receipt of the notice that their FCCL application is denied or their FCCL is revoked to begin the appeal process.
The petitioner must provide to the Department any reasonable documentation requested by the Department related to the determination for granting relief.
Upon receiving complete documentation for the appeal, the Department will investigate the circumstances surrounding the denial or revocation. If the Director is satisfied that substantial justice has not been done through the denial or revocation and that it is not likely that the applicant or any other party will be injured by the granting of the relief, the Director or the Director's designee may grant relief.
The appeal process shall not begin until the Department has received all the necessary documentation.
In the event the Director or the Director's designee desires additional information concerning the circumstances surrounding the denial or revocation action, the Director may schedule a fact-finding conference with the petitioner or request additional information.
The Director or the Director's designee may grant or deny relief as a result of the fact-finding conference.
In an informal relief proceeding, the petitioner may be represented by counsel or present witnesses who have direct knowledge of the circumstances of the denial or revocation and may present any evidence or information relating to the Department's action.

c) Formal Administrative Hearing

If the Director does not provide relief as a result of the investigation or a fact-finding conference, the petitioner may request a formal administrative hearing. The request for hearing must be in writing and sent to the Department's Office of Firearms Safety.
The administrative law judge (ALJ) for contested hearings shall be an attorney licensed to practice law in Illinois appointed by the Director. The ALJ will be disqualified upon showing of bias or conflict of interest.
The procedures for the hearing shall be as described in Article 10 of the Illinois Administrative Procedure Act [5 ILCS 100/Art. 10] and as ordered by the ALJ.
In the event a final administrative decision is rendered and the relief is denied, a new application from the petitioner will not be accepted until two years have passed since the date of the last denial unless directed to do so by a court with appropriate jurisdiction.

d) Administrative Review Law

All final administrative decisions of the Department or the CCLRB shall be subject to judicial review under the Administrative Review Law.

History

Source: Amended at 46 Ill. Reg. 1081, effective December 21, 2021

20 Ill. Adm. Code 1231.180 Law Enforcement Fingerprinting Registration

a) Law enforcement agencies that plan to submit to the Department Electronic Fingerprint Fee Applications (EFFA, the application submitted by a person being electronically fingerprinted) for FCCL applicants shall sign a memorandum of understanding between the agency and the Department establishing the requirements of the applicable State statutes and federal laws for the submission of non-criminal justice fingerprint transactions to the Department or the Federal Bureau of Investigation (FBI).

b) Fingerprint images, a photograph of the individual being fingerprinted, and related alpha numeric identification data shall be submitted to the Department via electronic transmission utilizing Live Scan procedures and equipment approved by the Department. The photograph provision will be waived for applicants with a physical disability or ailment that could result in the taking of a photograph causing the applicant harm in any way.

c) A law enforcement agency's equipment and transmission of all types of transactions shall be certified by the Department as being compatible with the Department's systems (see 68 Ill. Adm. Code 1240).

d) All employees responsible for taking fingerprints for the purposes of the Act shall require each individual seeking to be fingerprinted to present primary or secondary identification in order to be fingerprinted by the agency.

Primary identification shall mean a valid driver's license or Secretary of State issued State identification card.
In the absence of a driver's license or State identification card, secondary identification shall mean the individual seeking to be fingerprinted shall provide at least two forms of identification within the Identity Verification Program Guide (2006) developed and available from the National Crime Prevention and Privacy Compact Council from the FBI website (http://www.fbi.gov/about-us/cjis/cc/current-initiatives/identity-verification-program-guide).

e) All FCCL applicants who submit an EFFA shall be required to sign a consent form prior to fingerprinting. The privacy statement within the consent form shall be approved by the Department.

f) Agencies must maintain a record of all documentation and non-criminal justice transactions submitted to the Department for the purpose of auditing by the Department or the FBI and make its records available for that auditing.

g) All employees responsible for taking fingerprints for non-criminal justice purposes shall successfully complete a fingerprint training course conducted or authorized by the Department.

h) Agencies will be required to establish a fiscal account with the Department of State Police-Bureau of Identification for the purpose of facilitating the payment of State and FBI background checks. The agencies will be invoiced monthly for all submissions received by the agency the prior month. The Department will not accept individual payments from the persons printed.

20 Ill. Adm. Code 1231.APPENDIX A Prohibited Area Posting

Pursuant to Section 65(d) of the Act, signs must be of a uniform design. The Department has adopted the following sign format. The background is white, with no text, other than the reference to 403 ILCS 66/65, and no other marking within the one-inch area surrounding the graphic design. The graphic design is a handgun in black ink surrounded by a red circle with a diagonal slash across the handgun. The circle shall be 4 inches in diameter. The black rectangle surrounding the image must measure 4 inches tall by 6 inches wide.

The image is available on the DSP website for download.

20 Ill. Adm. Code 1231.APPENDIX B Prior Training Credit

a) Section 75(g) and (i) of the Act provides that prior handgun training can be substituted for a portion of the training required for an FCCL. The following is a list of training courses that qualify for prior training credit and the amount of credit awarded for each.

b) It is the responsibility of the Instructor to verify successful completion of prior training and apply credit as listed. Once this credit is combined with additional training hours provided by the Instructor, the Instructor will certify that the 16 hour training requirement was met.

c) Instructors should inform applicants how much credit they will receive for their prior training and remind them the prior training certificates must be submitted with the FCCL Training Certificate when they apply.

d) The following are courses for which prior training credit can be awarded. This list will be updated as additional courses are submitted and approved by the Department.

Course Title Acceptable Credit

Illinois Hunter Safety Course........................................................ 4 hours

Utah Concealed Carry .................................................................. 4 hours

Florida Concealed Carry............................................................... 4 hours

Nevada Concealed Carry............................................................... 4 hours

Missouri Concealed Carry............................................................. 4 hours

Kentucky Concealed Carry........................................................... 4 hours

Michigan Concealed Carry........................................................... 4 hours

Chicago Firearms Safety Course................................................... 4 hours

NRA Basic Pistol.......................................................................... 8 hours

NRA Personal Protection in the Home......................................... 8 hours

NRA Personal Protection Outside the Home................................ 8 hours

Active, Retired or Honorably Discharged member of the

United States Armed Forces.......................................................... 8 hours

Prior Law Enforcement or Corrections Officer Training

(see Section 75(j) of the Act) .................................................... 8 hours

e) Section 75(g) of the Act requires that any hours remaining after the credit has been granted must at least cover the classroom subject matter and range qualifications listed in Section 1231.40(d) and (e)(2).

f) To submit training for recognition by the Department, mail the following items to Illinois State Police, FCCL Prior Credit, Post Office Box 19333, Springfield IL 62794:

Basic course outline of the training submitted; and
A letter from another state indicating it recognizes the course.

History

Source: Amended at 38 Ill. Reg. 19282, effective September 12, 2014

20 Ill. Adm. Code 1231.APPENDIX C Concealed Carry Firearm Training Certification Form (repealed)

History

Source: Repealed at 38 Ill. Reg. 19282, effective September 12, 2014

Part 1232 Firearm Dealer License Certification Act

20 Ill. Adm. Code 1232.10 Definitions

The following additional definitions also apply to this Part unless the context clearly requires a different meaning:

"Act" means Firearm Dealer License Certification Act [430 ILCS 68].

"Applicant" means a person who has submitted an application for a certified license.

"ATF" means the federal Bureau of Alcohol, Tobacco, Firearms and Explosives within the U.S. Department of Justice.

"Certified Licensee" or "CL" means a licensee who has certified its FFL under the Act and this Part.

"Dealer License" means a Federal Firearms License authorizing a person or entity to engage in the business of dealing firearms.

"Director" means the Director of State Police or his or her designee.

"Disaster" means an occurrence or threat of widespread or severe damage, injury or loss of life or property resulting from any natural or technological cause, including, but not limited to, fire, flood, earthquake, hazardous materials spill, extended periods of severe and inclement weather, explosion, riot, public health emergencies, or acts of domestic or cyber terrorism, or any other State or federally declared disaster situation.

"Electronic Record" means a record generated, communicated, received or stored by electronic means for use in an information system or for transmission from one information system to another.

"Engage in the Business of Dealing Firearms", as used in Section 5-5 of the Act, "Engage in the Business of Selling, Leasing, or Otherwise Transferring Firearms" as used in Section 5-15 of the Act, or "Dealer" means a person or entity that devotes time, attention and labor to the selling, leasing or transferring of firearms at retail as a regular course of trade or business with the principal objective of livelihood and profit through the sale, lease or transfer of firearms. These terms apply to any person or entity who engages in the business on a full or part-time basis. The terms shall not apply to the following:

a person or entity that primarily engages in gunsmithing services in which it accepts a firearm for service, services the firearm, and returns it only to the customer who gave it the firearm to service;

a person or entity that engages primarily in the manufacture or import of firearms but does not sell, lease or transfer firearms at retail to individual purchasers;

a person or entity that is a collector of firearms who acquires, holds or disposes of firearms as curios or relics;

pawnshops that acquire firearms only for purposes of bailment as defined in Section 5-25(11) of the Act;

a person or entity that primarily engages in transactions that do not require the completion of a Form 4473 and background check under State or federal law; or

any activity otherwise exempt under Section 5-25 of the Act.

"Entity" means any person, firm, corporation, group of individuals, or other legal entity.

"FFL" means Federal Firearms License.

"FFL Holder" means a person, firm, corporation, or other entity that has been given, and currently possesses, a valid Federal Firearms License.

"Firearm" means any device, by whatever name known, that is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas, or escape of gas.

"Firearm" does not include:

any pneumatic gun, spring gun, paint ball gun, or BB gun that expels a single globular projectile not exceeding .18 inch in diameter or that has a maximum muzzle velocity of less than 700 feet per second;

any pneumatic gun, spring gun, paint ball gun, or BB gun that expels breakable paint balls containing washable marking colors;

any device used exclusively for signaling or safety that is required or recommended by the U.S. Coast Guard or the Interstate Commerce Commission;

any device used exclusively for the firing of stud cartridges, explosive rivets, or similar industrial ammunition; and

a curio or relic (other than a machine gun) that, although designed as a weapon, ISP finds, by reason of the date of its manufacture, value, design, and other characteristics, is primarily a collector's item and is not likely to be used as a weapon.

"Firearm" does include:

any weapon (including a starter gun) that will, or is designed to, or may readily be converted to, expel a projectile by the action of an explosive;

the frame or receiver of any such weapon; and

any firearm muffler or firearm silencer.

"Firearm Ammunition" means any self-contained cartridge or shotgun shell, by whatever name known, that is designed to be used or adaptable to use in a firearm. "Firearm ammunition" does not include:

any ammunition exclusively designed for use with a device used exclusively for signaling or safety and required or recommended by the U.S. Coast Guard or the Interstate Commerce Commission; and

any ammunition designed exclusively for use with a stud or rivet driver or other similar industrial ammunition.

"FOID Act" means the Firearm Owners Identification Card Act [430 ILCS 65].

"Gunsmith" means a person who devotes time, attention and labor to servicing firearms as a regular course of trade or business with the principal objective of livelihood and profit, including a person who makes occasional repairs of firearms or who occasionally fits special barrels, stocks, or trigger mechanisms to firearms.

"Importer" means any person or entity engaged in the business of importing or bringing firearms or ammunition into the United States for purposes of sale or distribution.

"Inspection of Licensee's Place of Business" means review of all records and documents involving the selling, leasing or transferring of firearms present in a retail location, as well as all firearms subject to sale, lease or transfer in a retail location.

"Inventory" means firearms in the possession of an individual or entity for the purpose of sale, lease, or transfer.

"ISP" means the Illinois State Police.

"Law Enforcement Agency" means a federal or State government agency that:

is authorized by law to engage in or supervise the prevention, detection, investigation, prosecution or incarceration of any person for any violation of law;

has statutory powers of arrest or custodial detention; and

allows its members to carry a firearm while on duty.

"License" means a Federal Firearms License authorizing a person or entity to engage in the business of dealing firearms.

"Limited Access Area" means a room or rooms on the premises of, and under the control of, the certified licensee to which only the CL, the CL's agents and other authorized personnel (e.g., ISP or law enforcement personnel) have access. "Limited access area" includes places where weapons are stored when not on display, surveillance equipment is maintained, and other areas that are not generally accessible by the public or nonauthorized employees.

"Manufacturer" means any person or entity engaged in the business of manufacturing firearms or ammunition for purposes of sale or distribution.

"Open to the Public" means that a certified licensee sells, leases or transfers firearms to the general public during regular business hours or by appointment only.

"Pawnbroker" means any person or entity whose business or occupation includes the taking of, or receiving of, by way of pledge or pawn, any firearm as security for the payment or repayment of money.

"Person" means any individual, corporation, company, association, firm, partnership, or any other entity, including any governmental entity.

"Retail Location" means the actual physical space or location open to the public from which a certified licensee engages in the business of selling, leasing, transferring, or facilitating the sale or transfer of a firearm. For purposes of the Act, a gun show or similar event at which a certified licensee engages in business from time to time is not a retail location. (Section 5-5 of the Act) A location is not considered a retail location if the certified licensee only transfers weapons classified as curios or relics.

"Secure Gun Storage or Safety Device" means:

a device that, when installed on a firearm, is designed to prevent the firearm from being operated without first deactivating the device;

a device incorporated in the design of the firearm to prevent the operation of the firearm by anyone not having access to the device; or

a safe, gun safe, gun case, lock box, or other locked receptacle that is designed to be, or can be, used to store a firearm and that is designed to be unlocked only by use of a key, combination, or other similar means.

"Straw Purchase" means:

the unlawful purchase of a firearm by a person who knowingly purchases or attempts to purchase a firearm with the intent to deliver that firearm to another person who is prohibited by federal or State law from possessing a firearm; or

the unlawful purchase of a firearm by a person who intentionally provides false or misleading information on an ATF firearms transaction record form to purchase a firearm with the intent to deliver that firearm to another person.

"Valid" means current and not suspended, revoked, expired, canceled, invalidated, denied or disqualified.

"Valid Photo Identification Card" means a current, and not suspended, revoked, expired, canceled, invalidated, denied or disqualified, driver's license or identification card issued by the federal government or any state. It does not include a temporary visitor's driver's license (TVDL).

"With the Principal Objective of Livelihood and Profit" means that the intent underlying the sale, lease or transfer of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal collection, and is not intended to apply to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes.

20 Ill. Adm. Code 1232.20 Application Procedures

a) Application for a certificate of license shall be made by completing an application form provided by ISP. The application will be made available through ISP's website (www.isp.state.il.us) or in a form and manner prescribed by ISP as directed on its website. Applications will include, but not be limited to, the following information:

Business contact information, including federal and State tax identification numbers;
Employee information;
Information necessary to determine whether the business constitutes a retail location;
Notification of previous suspensions or revocations of any FFL;
Training certifications for all owners and employees (see Section 1232.90);
Nature of the certification requested (see Section 1232.110);
Proof of FFL (see Section 1232.20(c));
Affidavit verifying all owners, agents and employees have completed background checks and verified FOID card information (see Section 1232.20(d)); and
Submission of safe storage plans (see Section 1232.80).

b) All applications and related documents shall be completed accurately and in their entirety, accompanied by the correct fee (see Section 1232.110), and submitted as indicated on the application or ISP's website.

c) Federal Firearms License Required

The applicant shall submit a copy of its FFL, with a sworn affidavit verifying that the FFL presented was issued to the applicant and that the FFL is valid at the time of submission of the application.
In lieu of requiring an affidavit, ISP may verify the validity of an FFL via any system or website approved by ATF and designed to allow an FFL holder or other authorized entity to verify or authenticate the FFL submitted under subsection (c)(1). The system or website will verify the information shown on the FFL to determine if the FFL is valid.
ISP will advise applicants on its website or the application itself if an FFL affidavit is not required to be submitted.

d) The applicant shall submit an affidavit identifying the name and Firearm Owner's Identification Card number of each owner, employee, or other agent who sells or transfers firearms for the applicant. The affidavit shall declare that each owner, employee, or other agent of the applicant who sells or transfers firearms is at least 21 years of age, has a valid FOID Card, and, for a renewal, has completed the training required under Section 5-30 of the Act. The affidavit form will be available through ISP's website.

e) Incomplete Submissions

Any application that is not completed accurately and in its entirety, or does not include the correct fee (see Section 1232.110), will be rejected.
ISP will provide written notice to any applicant whose application is rejected stating the reasons for the rejection. The notice will also inform the applicant that a Notice of Intent to Deny will be filed 30 days after notice of the rejection if the applicant fails to provide all required information, complete the application in its entirety, and submit the correct fee.
If an applicant has not provided the required information or fee within 30 days after notice of the rejection, ISP will file a Notice of Intent to Deny, unless the applicant requests, and ISP agrees to, an extension.

f) If the application process does not sufficiently provide all information ISP needs to make its certification decision, ISP will attempt to get that information from the applicant before it makes the final certification decision.

g) All certificates issued shall remain the property of ISP.

20 Ill. Adm. Code 1232.30 Measuring Distances

For purposes of Section 5-20(c) of the Act, the distance between a retail location and a school, pre-school, or day care facility shall be measured linearly and shall be the shortest distance between the nearest corner of the building holding the retail location to the corner of the school, pre-school, or day care facility building nearest the retail location at the time the retail location seeks licensure.

20 Ill. Adm. Code 1232.40 Exemptions

FFL holders are not required to obtain a certificate of license if they do not engage in the business of selling, leasing, or otherwise transferring firearms, or if they only engage in any of the transfers described in Section 5-25 of the Act. However, if an FFL holder engages in the business of selling, leasing, or otherwise transferring firearms in any manner not described in Section 5-25, a valid certificate of license issued under the Act is required.

20 Ill. Adm. Code 1232.50 Inspection of Certified Licensees' Places of Business

a) Time for Inspection

Certified licensees shall have their places of business available for inspection by ISP, and by law enforcement agencies authorized by ISP to accompany ISP and provide assistance, during all hours of operation involving the sale, leasing or transfer of firearms. ISP, acting on its own or with an assisting, authorized law enforcement agency, may conduct no more than one unannounced inspection per year without good cause. For purposes of this Section, "good cause" includes such instances as the need for follow-up when a remediation plan has been entered or as part of an ISP investigation based on concerns that the Act or this Part is being violated.
Any CL that is not open to the public, does not keep regular business hours, or operates by appointment only shall advise ISP, in writing, of that fact and of a means for ISP to contact that CL to establish a reasonable time for inspection when needed.
Nothing in this subsection (a) shall be construed to interfere with any federal agency or any federal agency inspection or investigation.

b) During an inspection, certified licensees shall make the following accessible for inspection, upon the request of ISP or an authorized assisting law enforcement agency accompanying ISP:

All records and documents related to the sale, lease, transfer, and/or destruction of firearms; and
All firearms in inventory. (Section 5-35 of the Act)

c) Failure to fully cooperate with an inspection could result in the imposition of discipline and/or a fine in accordance with the Act.

History

Source: Amended at 45 Ill. Reg. 6285, effective April 29, 2021

20 Ill. Adm. Code 1232.60 Security System

On or before January 2, 2021, a certified licensee operating a retail location shall be required to operate and maintain in good working order a 24 hour, seven days a week, video surveillance system.

a) The system, at a minimum, shall record and monitor:

Entrances and exits in a retail location open to the public, including exterior areas intended for ingress and egress, and including, but not limited to, walkways leading into the retail location and parking areas in the immediate vicinity of the retail location. When a retail location open to the public exists in a residence or other area of a residential property, a video surveillance system must cover the entrances and exits and exterior areas intended for ingress and egress, including, but not limited to, walkways leading into the retail location and parking areas in the immediate vicinity of the area of the residence where firearms are sold, leased or transferred and any other area where firearms are stored.
The critical areas of the interior of a facility where firearms in inventory are displayed, handled, sold, leased, transferred or stored, including, but not limited to, all entrances, exits, exterior windows, roof hatches, skylights, window or wall mounted air conditioning units, and cash register or checkout areas, but does not include restrooms or any other area specifically prohibited by law. (Section 5-50(a) of the Act) When a retail location open to the public exists in a residence or other area of a residential property, a video surveillance system must cover operational entrances and exits, windows, roof hatches, skylights, and window or wall mounted air conditioning units, if any of those openings could be used as a means of ingress or egress to the retail location. Video surveillance is required in any area where firearms in inventory are displayed, handled, sold, leased, transferred or stored. The system must operate during the hours the retail location is open to the public and when the residential location is otherwise vacant. Cameras should be installed to provide consistent recording or motion activated recording of these areas.

b) The certified licensee shall ensure that surveillance cameras are installed in a manner that avoids backlighting and physical obstructions to maximize the quality of recorded images, to the extent that lighting and/or physical obstructions are in the control of the certified licensee.

c) Cameras installed outdoors and in low-light interior areas shall be day/night cameras, or extra lighting sufficient to maximize the quality of recorded images shall be installed.

d) The recording system shall be digital and shall:

Display a date and time stamp on all recorded video. The date and time shall be set correctly and shall not significantly obstruct the picture;
Have the ability to remain operational, during a power outage, with an uninterruptable power supply that meets minimum power industry standards;
Allow for the exporting of still images in an industry standard image format, including, but not limited to, .jpg, .bmp and .gif. Exported video shall be able to be saved in an industry standard file format that can be played on a standard computer operating system. All recordings shall be erased or destroyed prior to disposal.
Have a display capability that ensures recordings are viewable at any time.

e) Electronic recording security systems shall be maintained in good working order at all times. Any malfunction or technical problem with the system shall be memorialized in a written report detailing the nature of the malfunction or technical problem and documenting the date and time period of the malfunction or technical problem. Documentation shall be made available to law enforcement during routine inspection or for purposes of investigation in the event of theft or other loss of any firearms in inventory due to criminal activity.

f) Security Recording Retention

Video recordings shall be retained by the certified licensee for a minimum of 90 days. Video recordings may be retained by storage mediums including, but not limited to, cloud storage, an external hard drive or server, flash drives, discs, or other storage devices that can adequately store video data.
The 90 day requirement for retaining security recordings will be extended if the CL is aware of the loss or theft of any firearms in inventory, or is aware of, or has been notified by the Department or any law enforcement agency with jurisdiction of, a pending criminal, civil or administrative investigation or a legal proceeding requiring relevant information captured on the recording. In those instances, recordings shall be maintained for a one-year period or until tendered to the investigating law enforcement agency, whichever is sooner. CLs are required to document in writing the date, time, and name of the law enforcement agency and officer who received and/or collected any recording containing evidence of loss or theft of firearms in inventory.

g) Access to the recording system shall be limited to authorized personnel in an area that does not permit access to the public. A current roster of authorized personnel that have access to the recording system shall be available to ISP upon request. The roster shall, at a minimum, document the full name of the employee; contact information for the employee, including address and phone number; and the employee's FOID card number. This documentation requirement does not apply to individuals employed by an outside vendor who has access to the recording system, whether remotely or on site, for purposes of providing technical support.

h) The system shall be:

Tested on a regular basis, but in no event less than once quarterly, to ensure it is functioning properly; and
Demonstrably operational and functioning upon inspection by ISP and any law enforcement agencies authorized by ISP to accompany ISP and provide assistance.

History

Source: Amended at 45 Ill. Reg. 6285, effective April 29, 2021

20 Ill. Adm. Code 1232.70 Alarm Monitoring System

a) Beginning January 2, 2020, a certified licensee maintaining firearms for sale, lease or transfer must be connected to an alarm monitoring system or service that will notify the licensee and/or the local law enforcement agency having primary jurisdiction for the licensee's retail location of an unauthorized intrusion into the premises of the certified licensee where firearms in inventory are maintained. (Section 5-50(c) of the Act)

b) Each alarm monitoring system or service shall meet the following minimum requirements:

Coverage of critical areas of the retail location, including, but not limited to, all entrances, exits, exterior windows, roof hatches, skylights, and window or wall mounted air conditioning units where firearms are sold, leased, transferred or stored. When a retail location exists in a residence or other area of a residential property, an alarm monitoring system or service must cover the critical areas of the retail location, open to the public, where firearms are sold, leased, or transferred and any other area where inventory is stored.
Monitoring of interior motion detection, glass breakage detection, and/or any failure in the alarm system.
A notification system that will provide an alert to the certified licensee, by telephone, email or text message or a combination thereof, within five minutes after any interior motion detection, glass breakage, or system failure.
The ability to remain operational during a power outage if all access doors are solely controlled by an electronic access panel so that locks are not released during a power outage.

c) The system shall be:

tested on a regular basis, but in no event less than once quarterly, to ensure it is functioning properly; and
demonstratively operational and functioning upon inspection by ISP or by any authorized assisting law enforcement agency.

20 Ill. Adm. Code 1232.80 Safe Storage by Certified Licensees

a) Certified licensees maintaining a retail location shall develop a written plan that addresses the safe storage of firearms using secured gun storage or safety devices and the safe storage of firearms ammunition. Safe storage plans shall address the following areas:

Storage of firearms and ammunition during retail hours and after closing;
Access to firearms and ammunition during retail hours (business practices);
Procedures for removing or replacing firearms to show to customers;
Loss or theft reporting;
Description of anti-theft measures and practices;
Disaster plan;
Structural Security;
Employee Screening; and
Employee training and education regarding certified licensee's policy and procedures and loss prevention measures.

b) Safe storage plans shall be submitted to ISP for approval in an electronic format that will be provided by ISP. (Section 5-55 of the Act) Safe storage plans will require a written description of methods for complying with all areas listed in subsection (a). The safe storage plan shall also address the following practices:

Use of safety devices reasonably designed to prevent diversion, theft or loss;
Keep all locks and security equipment in good working order;
Ensure that keys remain in a location that is not accessible to persons other than specifically authorized personnel;
Maintain a roster of personnel possessing and/or using keys for secure storage areas and/or safety devices. The roster should, at a minimum, document the date and time (duration) the keys were in the employee's possession and the specific secure storage areas or safety devices accessible to personnel in possession of those keys.
Prohibit other security measures, such as combination numbers, codes, passwords or electronic or biometric security systems, from being accessible to persons other than specifically authorized personnel;
Keep the retail location securely locked and protected from unauthorized entry at all times when closed for business or unoccupied by authorized personnel;
Keep firearm ammunition stored out of the reach of customers unless the ammunition is being displayed in sealed cases or a quantity that could not be concealed on the person of an individual. Storage that is out of the reach of customers may include, but is not limited to, shelving that is arranged behind an enclosed counter area, or a safe, case, lock box or other receptacle that is not immediately accessible to unauthorized personnel. Firearm ammunition in smaller quantities that could be concealed on the person of an individual may be stored within the reach of customers if the firearm ammunition is equipped with a safety device designed to prevent theft.
Ensure inventory records are protected by securing the records after business hours in a locked location. Only authorized or law enforcement personnel shall be permitted to view or handle the inventory records;
Complete an internal audit of inventory (as defined in Section 1232.10) on a regular basis, but in no event less frequently than twice per calendar year. Internal audits shall be memorialized in writing, and the person or persons who conducted the internal audit shall be identified in the memorialized document. The document shall be made available to ISP upon request;
Keep current and accurate inventory acquisition and disposition records. These records shall be made available to ISP upon request;
Maintain a plan that adequately ensures the timely securing of inventory and firearm ammunition in the event of a disaster. The plan shall be made available to ISP upon request; and
Ensure employees with access to inventory and/or firearm ammunition, or who otherwise handle inventory and/or firearm ammunition, are not prohibited from possessing firearms under State or federal law.

c) If a loss, theft or diversion of inventory has occurred from a retail location, the certified licensee shall notify ATF and the local law enforcement agency having primary jurisdiction for the licensee's retail location within 48 hours after the loss or theft is discovered, pursuant to the notification requirements of 18 USC 923(g)(6). The certified licensee shall provide a copy of any such notification to ISP. If any firearms previously reported as lost or stolen are subsequently recovered by the CL, the CL shall notify ATF and the appropriate local law enforcement agency of the recovery.

History

Source: Amended at 45 Ill. Reg. 6285, effective April 29, 2021

20 Ill. Adm. Code 1232.90 Training; Statewide Compliance Standards

a) The annual training shall consist of, at minimum, a review of materials made available to certified licensees on ISP's website or through other publicly available means, or any other curriculum approved by ISP. Those materials will be made available on ISP's website or through other publicly available means.

b) A certified licensee shall:

Ensure the CL and all employees who sell, facilitate leases, or otherwise transfer firearms attend the training required by Section 5-30 of the Act. The required training shall be completed before certification by ISP and yearly thereafter.
Ensure training required by Section 5-30 of the Act is completed by all newly hired employees who will be selling, facilitating leases, or otherwise transferring firearms prior to the new employee participating in the sale, lease or transfer of any firearms or ammunition.
Verify completion of the required annual training by the CL and all applicable employees by submitting an affidavit to ISP indicating the CL and all applicable employees have completed the training required by Section 5-30 of the Act. A copy of the affidavit will be available through ISP's website. The affidavit shall be submitted with each application for certification or renewal.

20 Ill. Adm. Code 1232.100 Electronic-Based Recordkeeping

a) On or before January 2, 2020, each certified licensee operating a retail location shall implement a searchable electronic record system to track its changing inventory by updating the date a firearm was received or sold, the name and address or the name and FOID card number of the person from whom the firearm was received or sold, the name of the manufacturer and importer (if known), make, model, caliber or gauge, and serial number of each firearm that it receives or sells. (Section 5-65 of the Act)

b) The electronic record system must permit inventory queries by firearm serial number, acquisition date of the firearm, name of the manufacturer or importer, name of the purchaser, address of the purchaser or other transferee, and ATF Form 4473 transferor's transaction serial number. Use of commonly recognized trade names or abbreviations are acceptable when denoting manufacturer or importer.

c) The electronic record system must denote original entries and must track or include notations of any edits, corrections, amendments or current transactions.

d) The electronic record system must be able to present the necessary information in any column format and may include a notes column to track any edits, corrections, amendments, or other relevant information related to a transaction. If a spreadsheet program (e.g., Excel) is being utilized, the system must be able to track any edits, corrections, amendments, or other relevant information in a "notes" column that explains any changes that were made to the original entries.

e) The electronic record system must be backed up to a physical storage device separate from the primary system (e.g., hard drive, Compact Disc (CD), Digital Versatile Disc (DVD), or Universal Serial Bus (USB) Flash Drive) at the licensee's business premises.

f) The electronic record system may be stored on a computer server or physical storage device owned and operated by the licensee, or contracted/leased by the licensee through a host facility such as a remote server or cloud storage provider. The electronic record system must be readily accessible through a computer server or device owned and operated by the licensee at the licensed premises during regular business hours. If a host facility is used, that facility must have a business premises within the United States and its territories and be subject to U.S. legal process.

g) The electronic record system must have the capacity to provide records in print or by another portable medium (e.g., hard drive, CD, DVD, or USB Flash Drive), or may be transmitted to ISP by electronic means such as an attachment to email:

at least semiannually;
upon request by ISP when required by law;
when the system memory is purged;
when the license is terminated; and
sequentially by date of acquisition for all inventory and indicating the date of all sales of inventory conducted during the period covered.

h) The electronic record system must be able to record both the manufacturer and the importer for foreign-made firearms.

i) Each licensee operating as a licensed dealer must maintain its firearms acquisition and disposition records in a manner that allows those records to be separated and partitioned from other business related records.

j) The electronic record system must be self-contained, without reliance upon invoices or other paper/manual systems to provide any of the above information.

k) Retail sales and purchases shall be recorded within 24 hours after the transaction. Shipments of firearms from manufacturers or wholesalers shall be recorded upon the earlier of five business days or within 24 hours after the shipment is unpacked and the firearm placed in inventory. (Section 5-65 of the Act)

l) A certified licensee shall make a legible copy of a buyer's or transferee's valid photo identification card whenever a firearm sale transaction takes place. The photocopy shall be attached to the documentation detailing the record of sale. (Section 5-20(a) of the Act)

m) Each certified licensee shall maintain these records for a period of no less than the time period under 27 CFR 478.129 or any subsequent law that regulates the retention of records. (Section 5-65 of the Act)

n) Alternate Method of Record Keeping

Certified licensees may seek ISP approval to use an alternate, non-electronic method or procedure to record the acquisition and disposition of firearms when it is shown by the licensee that the alternate records will accurately and readily disclose the information required to be maintained. The alternate records must be legible even if scanned and must be easily uploaded to a PDF format. The amount of transactions recorded must assure that review of the alternate records will not impose an undue burden on ISP.
The Director may approve an alternate method or procedure when he or she finds that:

A) good cause is shown for the use of the alternate method or procedure;

B) the alternate method or procedure comports with the purpose and is consistent with the effect intended by the specifically prescribed method or procedure, and that the alternate method or procedure is substantially equivalent to that specifically prescribed method or procedure; and

C) the alternate method or procedure will not be contrary to any provision of law and will not result in an increase in cost to the State or hinder the effective administration of the Act.

o) Any electronic or alternate record keeping system compliant with ATF regulations that accurately records the information required to be maintained by this Section is sufficient for satisfying the requirements of Section 5-65 of the Act.

20 Ill. Adm. Code 1232.110 Fees and Fines

a) An applicant for license certification shall submit the following certification fee, submitted in the form of a certified check or money order payable to "Illinois State Police", or by such other means as approved by ISP. Checks or money orders shall be delivered to ISP as provided in Section 1232.180, upon notification from ISP that the application has been approved. The notification will advise the applicant of the applicable certification fee due.

The certification fee for an FFL held by a person operating without a retail location, as defined by Section 5-5 of the Act, shall be $300 for each application submitted.
The certification fee for an FFL held by a person operating with a retail location shall be $1,200 for each application submitted. (Section 5-70 of the Act)
The renewal fee for an FFL shall be $100 for a certified licensee operating without a retail location and $400 for a CL operating with a retail location.
For new CL applicants who are current FFL holders as of January 18, 2019, the certification fee shall be prorated on a monthly basis from the date of the initial FFL application and shall be effective for the duration of the current FFL in the applicant's possession. The prorated certification fee shall be based on the number of months remaining on the applicant's current valid FFL.
For CLs who submitted a full certification fee prior to the effective date of this Part, and who are eligible for proration of the certification fee under subsection (a)(4), ISP will credit any overpayment towards the cost of the CL's next renewal or, upon written request by the CL to ISP, will issue a refund of any overpayment.

b) ISP may not charge a certified licensee, operating under the same or different business name in this State, fees exceeding $40,000 for the certification of multiple licenses. (Section 5-70 of the Act)

c) ISP may impose a fine not to exceed $10,000 for each violation of the Act (see Sections 5-15 and 5-85 of the Act and Section 1232.150). (Section 5-85 of the Act)

d) All civil penalties or fines imposed under the Act shall be paid within 90 days after the effective date of the final order issued imposing the fine. (Section 5-15(g) of the Act) All civil penalties or fines shall be paid by certified check or money order payable to the "Illinois State Police" or by such other means as approved by ISP. Checks or money orders shall be delivered to ISP as provided in Section 1232.180.

20 Ill. Adm. Code 1232.120 Term of License

a) Each certification shall be valid for the term of the FFL being certified. An FFL holder shall certify each new or renewed FFL. However, ISP is not required to renew a certification if a prior certification has been revoked or suspended. (Section 5-75 of the Act)

b) If a certified licensee submits an application for certification of a renewed FFL prior to the expiration of the current FFL, the current certification shall remain valid while the application is pending.

20 Ill. Adm. Code 1232.130 Retention of Records

a) Each certified licensee shall keep, either in electronic form or hard copy, all acquisition and disposition records for a period of time no less than the time required under 27 CFR 478.129 or any subsequent law that regulates the retention of records. Electronic-based recordkeeping will be required for certified licensees operating a retail location on or after January 2, 2020, pursuant to Section 5-65 of the Act.

b) All video surveillance records, along with sound recordings (if any) obtained from them, shall be retained by the certified licensee for a minimum of 90 days and in accordance with Section 1232.60. (Section 5-80 of the Act)

20 Ill. Adm. Code 1232.140 Return of Suspended or Revoked Certificate of License

a) Upon the suspension or revocation of a certification of license, the certified licensee shall surrender the certificate to ISP in accordance with Section 1232.180. Upon failure to do so, ISP will seize the certificate.

b) When the certification is suspended, the certified licensee shall not operate as a CL during the period in which the certificate is suspended and, if operating during that period, shall be operating in violation of Section 5-15(a) of the Act. (Section 5-100(e) of the Act)

20 Ill. Adm. Code 1232.150 Disciplinary Sanctions; Restoration

a) For violations of the Act not penalized under Section 5-15 of the Act, ISP may refuse to renew or restore, or may reprimand, place on probation, suspend, revoke, or take other disciplinary or nondisciplinary action against any certified licensee, and may impose a fine commensurate with the severity of the violation not to exceed $10,000 for each violation. (Section 5-85(a) of the Act) Any disciplinary action taken under this Section will be made public on the ISP website.

b) Violations that, after investigation, are demonstrated to be the result of errors in record keeping, other required inventory tracking mechanisms, or other ministerial errors that do not constitute deliberate misfeasance, malfeasance, criminal intent, or negligence may be addressed through nondisciplinary action, including, but not limited to, a written warning, remediation plan, or additional training requirements.

c) The following factors shall be weighed by the Director or hearing officer appointed by the Director when determining the severity of a violation that requires disciplinary action:

Whether the violation constitutes a criminal offense under the Criminal Code of 2012 [720 ILCS 5] or any federal law and, if so, whether the violation would be considered a petty or business offense, misdemeanor, or felony under Illinois law;
Whether the certified licensee cooperated with ISP in its investigation;
Whether the CL refused to cooperate with ISP in its investigation, including, but not limited to, providing false or misleading information;
Whether the violation is the first violation or a subsequent violation of the Act;
Whether the CL has received prior discipline for the violation in question (i.e., 1st violation, 2nd or subsequent violation);
The number of violations committed by the CL;
Whether the violation involves fraudulent activity, deception or misrepresentation;
Whether the violation directly resulted in the death or injury to any person or damage to any property; and
Whether the violation constitutes a petty, minor, or major violation as those terms are defined in subsections (c), (d) and (e).

d) Petty violations of the Act may be subject to a written reprimand, a specified term of probation or suspension not to exceed 6 months for a 1st violation or one year for a 2nd violation, or a civil penalty or fine not to exceed $200 for a 1st violation and $500 for a 2nd or subsequent violation. For purposes of this Section, "petty violation" means any violation of the Act listed in Section 5-85 of the Act that is not a criminal offense, or that would constitute a petty or business offense or a Class B or C misdemeanor, under the Criminal Code of 2012.

e) Minor violations of the Act may be subject to probation or suspension not to exceed one year for a 1st violation or 18 months for a 2nd or subsequent violation, or a civil penalty or a fine not to exceed $2,500 for a 1st violation and $5,000 for a 2nd or subsequent violation. For the purposes of this Section, "minor violation" means:

any violation of Section 5-15 of the Act that would constitute a Class A misdemeanor; and
a violation of Section 5-85 of the Act:

A) (a)(1), (a)(3), (a)(5) or (a)(8), if the violation would constitute a Class A misdemeanor;

B) (a)(2), if due to negligence or carelessness;

C) (a)(6)(A), if a misdemeanor;

D) (a)(7), if the person did not have knowledge the firearms were sold or transferred illegally, but should have known; and

E) (a)(9).

f) Major violations of the Act shall be subject to suspension for a period of time deemed appropriate by the Director, or to revocation, based on the facts and circumstances of the violation, and may include a civil penalty or fine not to exceed $5,000 for a 1st violation and $10,000 for a 2nd or subsequent violation. For the purposes of this Section, "major violation" means:

any violation of Section 5-15 of the Act that would constitute a Class 4 felony; and
a violation of Section 5-85 of the Act:

A) (a)(1), (a)(3), (a)(5), (a)(6)(A), or (a)(8), if the violation would constitute a felony;

B) (a)(2), if due to intentional or willful and wanton behavior;

C) (a)(7), if the person had knowledge the firearms were sold or transferred illegally;

D) (a)(10); and

E) (a)(11).

g) All penalties, including civil penalties or fines, shall only be assessed by ISP after a hearing is held in accordance with Sections 5-95 and 5-100 of the Act. (Section 5-15(e) of the Act)

h) All civil penalties or fines imposed under the Act shall be paid within 90 days after the effective date of the final order imposing the fine. The order shall constitute a judgment and may be filed and executed in the same manner as any judgment from any court of record. (Sections 5-15(g) and 85(b) of the Act) All civil penalties or fines shall be paid via certified check or money order payable to the "Illinois State Police" or by such other means as approved by ISP. Checks or money orders shall be delivered to ISP as provided in Section 1232.180.

i) Any certificate of license obtained under the Act by material misstatement or fraudulent misrepresentation shall be automatically revoked.

j) At any time after the successful completion of a term of probation, suspension or revocation of a certificate of license, ISP may restore the license to the certified licensee, unless, after an investigation and a hearing, the Director determines that restoration is not in the public interest. (Section 5-105 of the Act)

20 Ill. Adm. Code 1232.160 Complaints; Investigations; Hearings

a) Notice of Intent to Deny

A refusal to issue a certificate of license shall be initiated by the filing of a Notice of Intent to Deny and issuance of a written Notice of Hearing. A Notice of Intent to Deny shall clearly state the facts that inform the applicant of the particular acts or circumstances complained of by ISP and the statutes or rules upon which the allegations in the Notice of Intent to Deny are based.
A Notice of Intent to Deny and Notice of Hearing shall be served upon the applicant, by certified mail to the applicant's address of record, at least 30 days prior to the date set for hearing. The Notices shall advise the applicant of the following:

A) a written answer to the charges must be filed under oath within 20 days after service;

B) failure to answer will result in a default being entered against the applicant; and

C) the time and place for the hearing on the charges.

Answers to the Notice of Intent to Deny shall be filed with ISP in the form and manner as provided for in Sections 1232.180, 1232.190 and 1232.200.

b) Complaint for Discipline

An action for discipline shall be initiated by ISP filing a written Complaint and issuance of a written Notice of Hearing. The Complaint shall clearly state the charges made and facts that inform the certified licensee of rules upon which the allegations in the Complaint and Notice are based.
A copy of the Complaint and Notice shall be served upon the CL, by certified mail to the CL's address of record, at least 30 days prior to the date set for hearing and shall advise the CL of the following:

A) a written answer to the charges must be filed under oath within 20 days after service;

B) failure to answer will result in a default being entered against the CL; and

C) the time and place for the hearing on the charges.

Answers to the Complaint and Notice shall be filed with ISP as provided for in Sections 1232.180, 1232.190 and 1232.200.

c) Investigations

ISP may, as necessary, coordinate efforts with relevant local, State and federal law enforcement agencies to enforce the Act. (Section 5-120 of the Act)
Investigations may be prompted by citizen complaints made directly to ISP through ISP's website in a form and manner prescribed by ISP as directed on its website or forwarded to ISP by other law enforcement entities.
Authority to Continue Operations

A) Certified Licensees. A certified licensee may continue to operate during the course of an investigation or hearing unless the Director finds that the public interest, safety, or welfare requires emergency action. (Section 5-100(d) of the Act)

B) Certification Applicants. An applicant who is served with a Notice of Intent to Deny, due to a determination by ISP that the applicant does not possess a currently valid FFL, shall be prohibited from operating during the course of the investigation or hearing, or unless and until ISP determines that the applicant possesses a currently valid FFL.

Each certified licensee shall respond immediately to, and in no event later than 24 hours after the receipt of, a request by ISP for information contained in the records required to be kept by the Act as may be required for determining the disposition of one or more firearms in the course of a criminal investigation. The requested information shall be provided orally or in writing as ISP may require.

d) Issuance of Subpoenas

Upon application to a hearing officer appointed by the Director, the hearing officer may issue a subpoena requiring any person or entity to attend a hearing to give written or oral testimony. The subpoena may include an order to produce books, papers, electronic records, or any other documents or tangible things designated in those materials that ISP deems directly relevant or material to an investigation or hearing and reasonably necessary to resolve the matter under consideration, subject to the same fees and in the same manner prescribed in civil cases in the courts of this State.
Every subpoena shall state the title of the action and shall command each person to whom it is directed to attend and give testimony or produce documents, records or tangible things at the time and place specified in the subpoena. Notice of the request for subpoena shall be served on all parties.
The certified licensee may file an emergency motion with the Director or a hearing officer authorized by ISP to quash a subpoena issued by ISP.
The Hearing Officer or the Director, upon timely made written motion, and, in any event, at or before the time specified in the subpoena for compliance, may quash or modify the subpoena if it is unreasonable and oppressive. (Section 5-45 of the Act)
Any application for subpoena must be submitted to the Hearing Office at least 10 days before the hearing.

e) Hearings

The hearing officer for contested hearings shall be an attorney licensed to practice law in Illinois appointed by the Director. The hearing officer may be disqualified for bias or conflict of interest.
The procedures for the hearing shall be as described in Article 10 of the Illinois Administrative Procedure Act [5 ILCS 100], unless other procedures are specifically described in this Section or as ordered by the hearing officer.
A hearing may be postponed or continued for due cause by the hearing officer upon his or her own motion or upon motion of a party to the hearing. Notice of any postponement or continuance shall be given in writing to all parties to the hearing within a reasonable time in advance of the previously scheduled hearing date, when feasible. All parties involved in a hearing shall attempt to avoid undue delay caused by repetitive postponements or continuances so that the subject matter of the hearing may be resolved expeditiously.
Failure of a CL to appear on the date set for hearing, or failure to proceed as ordered by the hearing officer, shall constitute a default. The hearing officer shall thereupon enter such Findings, Conclusions of Law, and Recommendations as is appropriate under the pleadings and the evidence received into the record.
The hearing officer's Findings, Conclusions of Law, and Recommendations shall be in writing and shall include Findings of Fact and Conclusions of Law, and Recommendations or Opinions separately stated when possible. Findings of Fact shall be based exclusively on the evidence presented at the hearing or known to all parties, including matters officially noticed. Findings of Fact shall be accompanied by a statement of the underlying supporting facts. If a party submits proposed Findings of Fact that may control the decision or order, the decision or order shall include a ruling upon each proposed finding. Each Conclusion of Law shall be supported by authority or reasoned opinion. A hearing officer's Recommendation shall not be made except upon consideration of the record as a whole or such portion of the record as may be supported by competent material and substantial evidence.
The hearing officer shall submit his or her Findings, Conclusions of Law, and Recommendations to the Director within 45 days after the conclusion of the hearing.
All hearings shall be conducted at a location determined by the Director.

20 Ill. Adm. Code 1232.170 Order of the Director

a) The Director shall review the hearing officer's Findings, Conclusions of Law, and Recommendations and shall issue an order either adopting or declining to adopt the hearing officer's Findings of Fact, Conclusions of Law, and Recommendations, in whole or in part, within a reasonable time, not to exceed 60 days. The order shall also contain a finding of whether the accused licensee violated the Act or failed to comply with the conditions required in the Act. (Section 5-100(a) of the Act)

b) The decision in the case will become effective immediately upon the execution of a written order, or as otherwise specified by either the order or applicable statute. The order is final and subject to judicial review under Section 5-10 of the Act.

c) A certified licensee shall be immediately notified of the order, either personally or by certified mail, addressed to the last known address of the CL. A copy of the order shall be delivered or mailed to the CL or to his or her attorney of record.

20 Ill. Adm. Code 1232.180 Filing

a) Documents and motions permitted or required to be filed with ISP in connection with a hearing or response to a subpoena issued by ISP shall be addressed to and mailed to, or filed in person with, the Illinois State Police, 801 South Seventh Street, Springfield IL 62703, in duplicate or as otherwise directed by a hearing officer if one has been appointed by the Director. The offices of ISP are open for filing from 8:30 a.m. to 5:00 p.m., Monday through Friday, except on National and State legal holidays.

b) By agreement of the parties or by order of the hearing officer, filing of these documents may also be accomplished by email to ISP and opposing party (or opposing party's counsel). Any filings by email must be in PDF format and received by the recipient no later than 5:00 p.m. on the date filing is due.

20 Ill. Adm. Code 1232.190 Form of Documents

All documents filed with ISP must meet the following requirements:

a) Documents shall clearly show the file Hearing Number and the title of the proceedings in connection with which they are filed.

b) Except as otherwise provided, 2 copies of all documents, including notices, motions, and petitions, shall be filed with ISP.

c) Except as otherwise provided, documents shall be typewritten or reproduced from typewritten copy on letter or legal size white paper.

d) One copy of each document filed shall be signed by the certified licensee or by his or her authorized representative or attorney.

20 Ill. Adm. Code 1232.200 Motion and Answer

a) Any CL receiving a Complaint or Notice of Intent to Deny shall file an answer within 20 calendar days after service and not later than 10 calendar days prior to the date of hearing. All answers or motions preliminary to a hearing shall be presented to ISP and to the hearing officer at least 10 calendar days prior to the date of hearing, or on such other date as the hearing officer shall designate, and shall be served personally or by certified mail.

b) Unless made orally on the record during a hearing, or unless the hearing officer directs otherwise, an answer or motion shall be in writing and shall be accompanied by any other evidence relied upon and, as appropriate, by a proposed order. At least 2 copies of all such motions shall be filed with ISP (one for the ISP attorney and one for the hearing officer) and at least one copy served on each additional party, if any, to the hearing.

c) Every answer shall contain an explicit admission or denial of each allegation of the Complaint, Notice of Intent to Deny, or motion to which it relates. Every allegation not explicitly denied shall be deemed admitted unless the party states in his or her answer that he or she has no knowledge of the allegation sufficient to form a belief, and attaches an affidavit of the truth of the statement of want of knowledge, or unless the party has had no opportunity to deny. Denials must not be evasive, but must fairly answer the substance of the allegation denied.

d) Within 10 calendar days after service of a written motion, or such other period as the hearing officer may prescribe, a party may file a response in support of or in opposition to the motion, accompanied by affidavits or other evidence. If no response is filed, the parties shall be deemed to have waived objection to the granting of the motion. The moving party shall have no right to reply, except as permitted by the hearing officer.

e) No oral argument will be heard on a motion unless the hearing officer directs otherwise. A written brief may be filed with a motion or a response to a motion, stating the arguments and authorities relied upon.

f) The hearing officer shall rule upon all motions, except that he or she shall have no authority to dismiss or decide a hearing on the merits without granting all parties to the proceeding a right to be heard and to establish a record.

g) A party may participate in the proceedings without forfeiting any jurisdictional objection, if that objection is raised at or before the time the party files his or her answer or motion, or, if no answer or motion is made, before the commencement of the hearing.

20 Ill. Adm. Code 1232.210 Rehearings

a) Except as otherwise provided by law, and for good cause shown, the Director may, in his or her discretion, order a rehearing on written motion of the certified licensee. The motion shall specify the particular grounds for rehearing.

b) When the record of testimony made at the hearing is found by the Director to be inadequate for purposes of judicial review, the Director may order a reopening of the hearing.

c) A motion for a rehearing or a motion for the reopening of a hearing shall be filed within 20 calendar days after service of the Director's order. ISP may respond to the motion for rehearing if it is determined that a response is necessary to address issues raised in the rehearing motion. ISP's response shall be filed within 20 calendar days after its service on ISP. A rehearing shall be noticed and conducted in the same manner as an original hearing. The evidence received at the rehearing shall be included in the record for the director's reconsideration and for judicial review. A decision or order may be amended or vacated after rehearing.

20 Ill. Adm. Code 1232.220 Administrative Review

a) All final administrative decisions of ISP shall be subject to judicial review under the Administrative Review Law [735 ILCS 5/Art. III]. (Section 5-110 of the Act) The term "administrative decision" is defined in Section 3-101 of the Administrative Review Law.

b) If any final ISP action is appealed in circuit court pursuant to this Section, the record on review shall include the following:

The application and any other related documents submitted;
Any written documentation considered by ISP in making its final decision with respect to the application;
Any written correspondence between ISP and the person or entity submitting the application, provided that the correspondence played a material role in the final decision rendered by ISP, made a material argument to ISP with respect to the application or petition, or would be helpful to the circuit court in reviewing the matter because the correspondence provides helpful procedural background; and
The transcript of any administrative hearing and any documents or other evidence submitted at the hearing.

20 Ill. Adm. Code 1232.230 Mandatory Signage

Sections 5-20 and 5-50 of the Act specify warning language that must be posted.

a) Signage shall be posted as required under Sections 5-20 and 5-50 of the Act.

b) Templates for signs required pursuant to Sections 5-20 and 5-50 of the Act are provided in Appendix A and are available on ISP's website.

c) If a larger sign is warranted, ISP's image must be incorporated into the sign, and the required warning language must still be in block letters not less than one inch in height.

d) The required signs shall be clearly and conspicuously posted, as required by Sections 5-20 and 5-50 of the Act, on the premises where the certified licensee conducts business.

The sign required by Section 5-20 of the Act shall advise persons that it is unlawful:

A) to store or leave an unsecured firearm in a place where a child can obtain access to it;

B) to sell or transfer a firearm to someone else without receiving an approval for the transfer from ISP; and

C) to fail to report the loss or theft of a firearm to local law enforcement within 72 hours. (Section 5-20 of the Act)

The sign required by Section 5-50 of the Act shall provide persons entering the property notice that the premises are under video surveillance and their image may be recorded pursuant to Section 5-50 of the Act. (Section 5-50 of the Act)

20 Ill. Adm. Code 1232.EXHIBIT A Warning Signage

Pursuant to Sections 5-20 and 5-50 of the Act, the warning language on the signs must be in BLOCK LETTERS at least one inch in height.

The images are available on ISP's website for download. Image prints to 25" x 32".

Image prints to 8.5" x 14".

Part 1235 Firearm Transfer Inquiry Program

20 Ill. Adm. Code 1235.10 Purpose

The purpose of this Part is to provide requirements and procedures for inquiry into the Firearm Transfer Inquiry Program.

20 Ill. Adm. Code 1235.20 Definitions

Unless specified otherwise, all terms shall have the meaning set forth in Section 1.1 of the Firearm Owner's Identification Card Act [430 ILCS 65/1.1].

"Act" means Firearm Owner's Identification Card Act [430 ILCS 65].

"Dealer" means a federally-licensed firearm dealer under the provisions of 18 U.S.C. 921 et seq.

"Department" means the Illinois Department of State Police.

"Firearm Transfer Inquiry Program" means the functional unit within the Bureau of Identification of the Department responsible for providing federally-licensed firearm dealers in the State of Illinois with a dial-up telephone system to determine the current eligibility of a transferee to acquire firearms.

"Transfer" means selling, assigning, pledging, leasing, loaning, giving away, pawning, redeeming, or otherwise disposing of firearms occurring at a single point in time. Transfer of more than one firearm to a single transferee at a single point in time is considered a single transfer.

"Transferee" means the recipient of a transfer.

History

Source: Amended at 22 Ill. Reg. 16635, effective September 8, 1998

20 Ill. Adm. Code 1235.30 Federal and State Laws and Local Ordinances

All federally-licensed firearm dealers must abide by all federal and State laws and local ordinances. Inquiries made to the Firearm Transfer Inquiry Program do not exempt or otherwise relieve federally-licensed firearm dealers from compliance with any other laws or ordinances.

20 Ill. Adm. Code 1235.40 Access to System

The Firearm Transfer Inquiry Program will receive automated inquiries 8:30 a.m. to 9:30 p.m., Monday through Sunday, 365 days a year, and manual inquiries from 8:30 a.m. to 4:30 p.m., Monday through Friday. Hours of operation shall be increased if need is identified and funding is available.

History

Source: Amended at 27 Ill. Reg. 5998, effective March 21, 2003

20 Ill. Adm. Code 1235.50 Holidays

Automated inquiries will be available on all State holidays. Manual transactions will not be available on State holidays.

History

Source: Amended at 27 Ill. Reg. 5998, effective March 21, 2003

20 Ill. Adm. Code 1235.60 Enrollment

All participating dealers must be federally-licensed firearm dealers in Illinois and must enroll in the Firearm Transfer Inquiry Program upon initial licensing and upon renewal of licensing with the Bureau of Alcohol, Tobacco, and Firearms and every three years thereafter by completing the dealer enrollment form provided by the Department. These forms may be obtained from the Firearm Transfer Inquiry Program, P.O. Box 3677, Springfield, IL 62708-3677. The Department shall not charge a fee to enroll. The Department shall provide enrolled dealers with a unique number to be used when inquiring into the Firearm Transfer Inquiry Program. It is the responsibility of the federal firearm licensee to notify the Department of any change, license status, or licensing information.

History

Source: Amended at 27 Ill. Reg. 5998, effective March 21, 2003

20 Ill. Adm. Code 1235.70 Inquiry Requirement

All dealers shall inquire into the Firearm Transfer Inquiry Program for all transfers which require the transferee to display a currently valid Firearm Owner's Identification Card previously issued in his name by the Department under the provisions of the Act, except that an inquiry is not required for a transfer from one dealer to another dealer. The inquiry requirements apply equally to transfers involving new, used, and trade-in firearms. Regardless of the requirements of this Part, dealers must comply with all State and federal firearm laws.

History

Source: Amended at 27 Ill. Reg. 5998, effective March 21, 2003

20 Ill. Adm. Code 1235.80 Inquiry Procedure

a) The dealer will perform the inquiry by calling a toll-free telephone number provided by the Department to the dealer. The number shall be kept confidential by the dealer and only used to perform inquiries required under Section 1235.70.

b) The inquiry will consist of the permanent portion of the dealer's federal firearm license number (the first three digits and the last five digits), the dealer number issued by the Department, and the transferee's Firearm Owner's Identification Card number.

c) In the event an inquiry results in a conditional denial, the dealer will provide additional information to facilitate a return call from the Department. The additional information shall include a description of the subject firearm(s) sufficient to determine which delivery waiting period applies and information concerning the dealer's business hours for inquiry response purposes.

History

Source: Amended at 27 Ill. Reg. 5998, effective March 21, 2003

20 Ill. Adm. Code 1235.90 Response Procedures

The Department shall provide, during the initial dealer inquiry, an approval, denial, or conditional denial of the transfer. The time period for the Department to respond shall begin at the time the inquiry is received. When the Department provides a conditional denial, the dealer shall not transfer the firearm until an approval is provided by the Department or the length of time prescribed in Section 24-3 of the Criminal Code of 1961 [720 ILCS 5/24.3] has been exceeded. Failure of the Department to provide an approval or denial within the prescribed length of time does not relieve the dealer from compliance with any other statutory restrictions on firearm transfers. Regardless of the requirements of this Part, transactions must comply with all State and federal firearm laws.

History

Source: Amended at 27 Ill. Reg. 5998, effective March 21, 2003

20 Ill. Adm. Code 1235.100 Denial Notification

If the Department denies approval to transfer firearms, the dealer shall enter the denial number on the Department's Firearm Transfer Inquiry Program denial notification form and provide the form to the transferee. The Department shall provide enrolled dealers with the denial notification forms.

20 Ill. Adm. Code 1235.110 Transfer of Firearms

The transfer of the firearm(s) associated with a particular inquiry shall only occur after the withholding of delivery provisions of Section 24-3 of the Criminal Code of 1961 [720 ILCS 5/24-3] and within 30 days after the approval to transfer has been provided by the Department.

History

Source: Amended at 27 Ill. Reg. 5998, effective March 21, 2003

20 Ill. Adm. Code 1235.120 Fees

The fee for inquiries shall be $2.00 per inquiry. The fee shall be the cost to provide the service, but shall not exceed $2.00 per inquiry as defined by State statute. The fee shall be collected through a billing process implemented by the Department.

History

Source: Amended at 27 Ill. Reg. 5998, effective March 21, 2003

20 Ill. Adm. Code 1235.130 Termination of Services

a) If a dealer fails to pay the fees for the Firearm Transfer Inquiry Program transactions within 30 days after their due date, the Department shall notify the dealer that failure to pay this bill will result in termination of services.

b) If a dealer fails to pay the fees for the Firearm Transfer Inquiry Program transactions within 60 days after their due date, the Department shall terminate Firearm Transfer Inquiry Program services to the dealer.

c) If a dealer fails to comply with any of the requirements of this Part, the Department shall notify the dealer of the non-compliance. The dealer shall have 30 days from notification of non-compliance in which to respond to the Department.

d) If a dealer fails to respond to a notice of non-compliance or if the response fails to resolve the non-compliance to the satisfaction of the Department, the Department shall terminate Firearm Transfer Inquiry services to the dealer.

e) If a dealer's continued access to Firearm Transfer Inquiry Program services would result in a violation of law or create a danger to the public, services may be suspended immediately.

History

Source: Amended at 27 Ill. Reg. 5998, effective March 21, 2003

Part 1240 Law Enforcement Agencies Data System (leads)

20 Ill. Adm. Code 1240.10 Introduction

a) The Illinois Law Enforcement Agencies Data System (LEADS) provided by the Department of State Police (Department) is a statewide, computerized telecommunications system designed to provide services, information, and capabilities to the law enforcement and criminal justice community in the State of Illinois.

b) The Director of the State Police (Director) is responsible for establishing policy, procedures, and regulations consistent with State and federal rules, policies, and law by which LEADS operates. The Director shall designate a statewide LEADS Administrator for management of the system. The Director may appoint a LEADS Advisory Policy Board to reflect the needs and desires of the law enforcement and criminal justice community and to make recommendations concerning policies and procedures.

20 Ill. Adm. Code 1240.20 The Leads Advisory Policy Board (apb)

a) The Director shall appoint a LEADS APB to advise the Director with respect to the needs and interests of the law enforcement and criminal justice community.

b) The APB's Objectives and Scope of Activity

To recommend to the Director general policy with respect to the philosophy, concept, and operational principles of LEADS.
To review and consider LEADS rules, regulations, standards, and procedures.
To consider and advise the Director with respect to participating agency non-compliance and sanctions.
To review and consider other LEADS-related issues as may be requested by the Director.

c) The APB, subject to the Director's approval, shall establish its own bylaws and procedures.

20 Ill. Adm. Code 1240.30 Accessing Leads Data and Participating in Leads

a) Access to and the extent of participation in LEADS are determined by the criteria in this Section.

b) Definitions as used in this Section

"Direct access" refers to having a terminal device or computer located on the agency's premises connected by a data communications link to the LEADS computer.
"Full access" refers to direct access to all LEADS data and services.
"LEADS data" refers to all data available through the LEADS computer.
"LEADS services" refer to:

A) providing access to LEADS files;

B) processing messages through LEADS;

C) providing training and technical support to LEADS users; and

D) other LEADS-related services that may become available from the Department.

"Less than full access" refers to limited access to some LEADS data and services.

c) Criteria for Full Access

To qualify for full access to LEADS:

the following criteria must be met:

A) The candidate organization must be a criminal justice agency as defined in the U.S. Department of Justice Regulations on Criminal Justice Information Systems (28 CFR 20, Subpart A); or

B) The candidate organization must be under the management control of a criminal justice agency; or

C) The candidate organization must be a governmental consolidated dispatch center for providing police dispatch services and must have entered into a specific agreement with a criminal justice agency to provide services for the administration of criminal justice pursuant to that agreement. The agreement must be approved by the LEADS Administrator and incorporated into the LEADS interagency agreement; or

D) The candidate organization must be a non-governmental railroad or campus police department that performs the administration of criminal justice, has arrest powers pursuant to State statute, allocates a substantial part of its budget to the administration of justice, and meets the training requirements established by law for peace officers; or

E) The candidate organization must be authorized by law to access some or all LEADS data and the organization's utilization of LEADS will not adversely impact criminal justice purposes; and

The participating organization must enter into a LEADS interagency agreement reflecting rights and duties of the parties.

20 Ill. Adm. Code 1240.40 Connecting to LEADS

a) To connect to LEADS, an agency must have computer hardware and computer software, and be connected to a communications link to the LEADS Data Center in Springfield. For each of these requirements, there are various options. In addition, the agency must meet certain planning and administrative responsibilities.

Notify LEADS Administrator

When an agency desires to participate in LEADS and meets the qualifications described in Section 1240.30 or when an agency wishes to change its method of connecting to LEADS, it must make a written request at least 90 days in advance of the desired connection date. The request must be sent to the LEADS Administrator and must state:

A) When connection to LEADS is desired; and

B) What equipment and connecting options are planned by the agency.

Arrange a Conference

The agency must arrange for a conference between its own representatives, any hardware or software vendors involved, and the Department. The LEADS Administrator may waive the requirement for a formal meeting if the vendor has previously demonstrated the ability to successfully interface with LEADS. The Department accepts no responsibility for misunderstanding of LEADS specifications and requirements that occurs between the local agency and its vendors.

b) The LEADS Administrator must approve the agency's hardware and software configuration prior to the agency connecting to LEADS.

20 Ill. Adm. Code 1240.50 LEADS Access Security

a) Each LEADS participating agency shall comply with the LEADS access security standards established by the Department.

b) Personnel Security Requirements

Thorough background screening of LEADS-related personnel is required by the employing agency. State and national criminal history record checks by fingerprint identification must be conducted for terminal operators, programmers, and other persons employed or utilized to effectuate access to or initiate transmission of LEADS and National Crime Information Center (NCIC) information, regardless of the frequency of access. A fingerprint-based background check must be performed on any person with direct access to LEADS. The agency shall submit both Illinois and FBI criminal justice applicant fingerprint inquiries to the Illinois State Police, Bureau of Identification.
No persons will be permitted LEADS access unless they are of good character and have not been convicted of a felony or a crime involving moral turpitude under the laws of this or any other jurisdiction. Any person may have their LEADS access denied if charged with a felony or crime of moral turpitude under the laws of this or any other jurisdiction.
No person may provide maintenance or technical services at or near LEADS equipment unless they are of good character and have not been convicted of a felony or a crime involving moral turpitude under the laws of this or any other jurisdiction. Any persons may have their authority to provide maintenance or technical services at or near LEADS equipment denied if charged with a felony or a crime involving moral turpitude under the laws of this or any other jurisdiction.
LEADS operators shall use the terminal only for those purposes for which they are authorized. The individual receiving a request for criminal justice information must ensure the person requesting the information is authorized to receive the data.
Each participating criminal justice agency must have appropriate written standards for discipline of LEADS and NCIC policy violators.

c) Site Management Requirements

Each LEADS agency must ensure that all LEADS computer devices are placed in a location under the direct control and supervision of authorized criminal justice personnel and are inaccessible to the public or persons not qualified to either operate, view, or possess LEADS and/or NCIC transmitted or received data. The computer site and/or terminal area must have adequate physical security to protect against any unauthorized personnel gaining access to the computer equipment or to any of the stored data.

Chapter II Illinois State Police

Part 1240 Law Enforcement Agencies Data System (leads)

20 Ill. Adm. Code 1240.60 Computerized Hot Files (chf) Records

a) CHF Maintenance

Any agency that has entered records into the CHF must ensure that its terminal is operated on a 24-hour-per-day basis by certified LEADS operators.
Each LEADS record must be supported by an investigative document, active warrant, or complaint. No LEADS entry shall be made solely on a telephone report by the alleged victim or owner. Documents supporting LEADS records must be available on a 24-hour-per-day basis to the terminal operator, either by direct access or telephone inquiry, for purposes of case confirmation, quality control, validation, record maintenance, etc.
Each agency must enter information into LEADS or ensure information has been entered into LEADS as soon as the facts are known and sufficient identifiers are available to permit the establishment of a LEADS record.
All warrants will be immediately entered into LEADS by the responsible agency within 24 hours after receiving reliable information sufficient to permit the establishment of a LEADS record unless entry is delayed by emergency operational needs.
Each agency assumes responsibility for the accuracy of the records entered under its authority. The accuracy of LEADS records must be double-checked by a second party within 24 hours after entry. That verification will ensure the available cross-checks (e.g., vehicle identification/license numbers) were made and that data in the LEADS record matches the data in the investigative report. Each agency will cooperate with LEADS quality control efforts by modifying or removing records that are incorrect or invalid. An agency must take action with respect to an incorrect or invalid record as soon as possible and no later than the end of the shift or work period during which notification is received. The Department (through "Serious Error" messages) has the right to remove any record where a substantial question exists concerning the validity or accuracy of the record.
Each agency will respond to inquiries for confirmation from other agencies relative to the validity and currency of its LEADS records based on the level of priority requested, either urgent or routine.
Each agency will promptly cancel an entry when the agency is notified or when it becomes aware that the legal intent of its entry has been satisfied, i.e., stolen property has been recovered or the suspect has been apprehended or returned. The agency that entered a record is responsible for the accuracy of that record.

20 Ill. Adm. Code 1240.70 Validation of Chf Records

a) A record is valid if the CHF data in the agency's LEADS records are supported by documentation maintained by the agency.

b) CHF records in LEADS must be immediately removed when no longer valid. Promptness in entering, modifying, voiding, and cancelling records is essential to maintaining the integrity of the LEADS files.

c) All agencies having records in the LEADS CHF shall participate in the LEADS record quality-control activities initiated by the Department.

20 Ill. Adm. Code 1240.80 Dissemination of Data Obtained Through Leads

a) The LEADS network and LEADS data shall not be used for personal purposes.

b) Personal or unofficial messages shall not be transmitted.

c) LEADS data shall not be sold.

d) LEADS data shall not be disseminated to any individual or organization that is not legally authorized to have access to the information.

20 Ill. Adm. Code 1240.90 Administrative and Training Responsibilities

All LEADS agencies must meet the following administrative responsibilities:

a) Appoint LEADS Agency Coordinator

Every LEADS terminal agency is required to appoint one employee as its LEADS Agency Coordinator. Immediately upon appointment, the name of this person must be submitted to the LEADS Administrator.
The minimum requirements for the appointed LEADS Agency Coordinator are:

A) Must be an employee under the direct management control of the agency head;

B) Must be certified through the LEADS User Certification Program prior to appointment and remain in certified status during time of appointment; and

C) Must be thoroughly familiar with all LEADS regulations, policies, capabilities, and procedures.

The duties of the LEADS Agency Coordinator include, but are not limited to:

A) Serve as liaison with Department personnel;

B) Coordinate training of all agency personnel on LEADS capabilities, procedures, regulations, and policies;

C) Assist the agency head to ensure all LEADS regulations and policies are followed; and

D) Provide input to LEADS personnel of the Department regarding problems and ideas for improvement of and changes to LEADS.

Immediately upon the termination or reassignment of the LEADS Agency Coordinator, the agency head must appoint a new LEADS Agency Coordinator and notify the LEADS Administrator of the appointment.

b) Training Requirements

LEADS user certification is mandatory for all LEADS agency personnel who have full access or less-than-full access to LEADS functions.
LEADS User Certification Program training is administered by the Department.
User certification is awarded after successful completion of the LEADS User Certification Program and satisfaction of all its requirements for the level of access sought.
Each full access and less-than-full access LEADS user must be functionally retested and recertified according to the LEADS Operator Certification Program.
Each LEADS agency shall maintain records of all LEADS training, testing, and proficiency affirmation.
Each agency shall provide basic LEADS training to all indirect users after LEADS and other criminal justice practitioners (within six months after employment or assignment) for which the agency provides LEADS service.
Each LEADS agency shall provide continuing access to information concerning changes or enhancements to LEADS to all indirect users of LEADS and criminal justice practitioners who utilize LEADS.
Each LEADS agency shall provide basic LEADS training regarding functionality, regulations, policy, audits, sanctions, and related civil liability to criminal justice administrators and upper-level managers within the agency.
User certification may be suspended or revoked by the Department for violation or non-compliance with laws, rules, regulations, or procedures. An individual whose certification is to be suspended or revoked will be informed of the reason for the action and the evidence supporting it. The individual will be provided an opportunity to respond prior to a suspension or revocation.

20 Ill. Adm. Code 1240.100 Leads Terminal Agency Audits

a) Each LEADS terminal agency will be audited periodically by the Department. The agency will be notified prior to the audit.

b) The LEADS Agency Coordinator or designee must be present to assist the Department and make available all agency files, logs, or any other documentation required to be examined.

c) Following the audit, each LEADS terminal agency will receive a written analysis detailing the findings, recommendations, discussions, and requirements for compliance generated by the audit.

d) If an agency is found not in compliance with LEADS/NCIC policy, the agency head must respond in writing to the LEADS Administrator within 30 days after receiving the audit report with a plan of action that will place the agency within policy guidelines. Upon completion of these corrective measures, the agency head must notify the LEADS Administrator in writing that the agency has accomplished its planned objectives and is now in full compliance with LEADS/NCIC policy and regulations.

e) If the head of an agency not in compliance with LEADS/NCIC policy fails to respond in writing to the LEADS Administrator within 30 days after receiving an audit report with a plan of action that will place the agency within policy guidelines or if the agency head fails to notify the LEADS Administrator in writing that the agency has accomplished its planned objectives and is now in full compliance with LEADS policy and regulations, the agency will be considered non-compliant and will be subject to suspension of all LEADS services or other sanctions.

f) If an agency refuses to cooperate in a Department audit, the agency will be considered non-compliant and will be subject to suspension of all LEADS services or other sanctions.

20 Ill. Adm. Code 1240.110 Non-Compliance/Sanctions

The Department may suspend all or any portion of LEADS service without prior notification as the result of an agency's non-compliance with laws, rules, regulations, or procedures.

a) Minor Violations (Low Risk)

When a violation occurs that does not threaten the integrity of LEADS or LEADS data, the LEADS Administrator will give written notice to the agency explaining the violation. If the matter is promptly addressed, no suspension of any LEADS access or service will occur.

b) Repeated, Continuous, Multiple, or Major Violations that Do Not Require Immediate Suspension (Moderate Risk)

When an agency is repeatedly or continuously in violation, has committed multiple violations or has committed a major violation not requiring suspension, the Director or designee shall set a hearing date, providing the agency with at least a 20-day advance written notice.

c) Major Violations Requiring Immediate Suspension (High Risk)

When a violation occurs that could seriously affect the integrity of LEADS or could threaten the safety of officers or the public, or is against the law, the Director may immediately suspend all or part of LEADS access or services without prior notice. When immediate suspension becomes necessary, the Director will notify the suspended agency and give the following:

A list of the services that have been suspended;
Alleged violations;
A hearing date that shall be within 10 days after the date of the immediate suspension. The Director may lift the suspension prior to the hearing for emergency or public safety needs.

d) Hearing Procedures

When a hearing has been set by the Director or designee, the following procedures will be followed:

Agency representatives may appear at the hearing;
The Leads Administrator or designee will present evidence that a violation has occurred or is occurring;
The agency representatives may present any evidence they choose relevant and material to the alleged violation or to any corrective actions taken.

e) Director's Decision

At the conclusion of the hearing, the Director may:

Suspend service;
Find no violation;
End a suspension already imposed; or
Grant a period of time to correct the non-compliance. If the Director grants additional time to comply, the Director shall set a date for a subsequent hearing to review compliance with the terms of the Director's order. At the second hearing, the Director may exercise any option that could have been exercised at the original hearing.

20 Ill. Adm. Code 1240.120 Audits of Participating Agencies

The Department of Law Enforcement reserves the right to conduct routine audits of any agency participating in LEADS at any time. The purpose of an audit will be to determine that all of these LEADS regulations in general or certain of these regulations in particular are being complied with.

a) Audit Procedures

The Department of Law Enforcement will:

A) Routinely give two (2) weeks notice prior to the commencement of an audit;

B) Provide personnel to conduct the audit;

C) Furnish a written report of its findings to the audited agency at the conclusion of the audit.

The agency being audited will:

A) Make its LEADS Supervisor available to provide assistance during the audit;

B) Make available to the auditors the Active Message File, the Cancelled Records File (see Section 1240.70(a) (7) and (8)), logs, all copies of the LEADS Reference Manual, and non-confidential case file material supporting LEADS and NCIC Hot Files entries;

C) Permit the auditors access to all LEADS terminal operators, clerks handling I-UCR entry, and other agency personnel involved with LEADS-related activities.

b) CCH Audits – Federal requirements demand that the Department of Law Enforcement select a random sample of agencies for periodic auditing in order to ensure compliance with security and privacy provisions. As these relate to CCH considerations, such audits shall be limited to:

Evaluation of agency compliance with secondary dissemination logging provisions outlined in Section 1240.90(b)(8)(D) of this Part.
Terminal security.
Distribution of CCH Output Reports and any other CHRI supplied by the Department.

20 Ill. Adm. Code 1240.130 Procedures for Implementing Changes

a) Changes to This Part – If it should become necessary for the Director of the Department of Law Enforcement to change the regulations in this Part, the following procedures will be used:

Filed with the SOS – All changes to this Part will be filed with the Secretary of State in accordance with provisions of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, pars. 1005-35 and 1005-65).
Published in the LEADS Reference Manual – Upon taking effect, changes to this Part will be published and distributed as part of a routine, bi-monthly Modification to the LEADS Reference Manual, Chapter 30.

b) Changes to LEADS Services – This Part requires that any agency using non-standard equipment must provide access to all authorized LEADS files and services and permit the agency's operator to perform all functions that may be performed on fully-supported equipment. The one exception is on-line entry of I-UCR data. (See Section 1240.40(e)(2), subparagraphs (I) and (J).) The following regulations will apply when changes are to be made to LEADS:

The Department of Law Enforcement will:

A) Announce Each Change – Major additions or changes to LEADS services or procedures for LEADS access will be announced by DLE at least 45 days prior to the planned implementation date. Such announcements will be made as articles in the LEADS monthly Newsletter and/or as notices in the on-line Daily Bulletin Board. (See Section 1240.110(e) of this Part.)

B) Issue Technical Bulletin – When the DLE LEADS Staff believes that a change will dictate that technical modifications must be made by local LEADS users of non-standard equipment, a technical bulletin will be provided by DLE. The bulletin will be mailed to all requesting LEADS user agencies at least 30 days prior to the planned implementation date of the change or addition.

C) Provide Notice of Implementation -- When a change is implemented, DLE will immediately notify all users of that fact through the Daily Bulletin Board.

D) Enter an Operational Note – When deemed necessary, DLE will enter an Operational Note into the on-line Help File to provide appropriate instructions for dealing with the change.

E) Publish Manual Modification – All changes to LEADS services will be reflected in a bi-monthly LEADS Reference Manual Modification to be published by DLE no more than 90 days after the actual implementation date.

F) Expedite Emergency and Minor Changes – DLE reserves the right to make emergency and minor changes and additions to LEADS without prior notice or with less notice than called for in subparagraph (A) above. Whenever this becomes necessary, DLE will still provide notice of implementation, enter an Operational Note, and publish a Manual Modification. If deemed necessary, a technical bulletin will be issued at the earliest possible time.

All LEADS User Agencies will:

A) Stay Abreast of Changes – All users must be aware of all changes and additions to LEADS that are announced in the Daily Bulletin Board. All LEADS operators and other appropriate personnel should be informed at the earliest possible time.

B) Update Manuals – The Reference Manual Modifications must be applied to all copies as stipulated elsewhere in this Part. (See Section 1240.110(b)(1).)

Agencies Operating Non-Standard Equipment will:

A) Request Technical Bulletins – It shall be each individual agency's responsibility to request that it be placed on the mailing list to receive technical bulletins. The request may be made by directed message to terminal KQC, or by letter to the LEADS Administrator, 501 Armory Building, Springfield, Illinois 62706.

B) Promptly Implement Technical Changes – To remain in compliance with the provisions of Section 1240.40(e)(2)(J), the agency must implement any necessary technical changes within 60 days after the actual DLE implementation date or within 60 days after the technical bulletin is received, whichever occurs first.

C) Request an Extension

i) In any case where the agency believes it cannot comply with (B), above, within the specified time frame, it must submit a written request for an extension. The request must state the circumstances necessitating the extension and give the agency's plan and target date for getting into compliance. Requests must be sent to the LEADS Administrator, 501 Armory Building, Springfield, Illinois 62706.

ii) The Director of the Department of Law Enforcement will grant extensions on an individual basis depending on the circumstances involved. Either the Director or the agency may also request a hearing as provided for in Section 1240.140 of this Part.

20 Ill. Adm. Code 1240.140 Non-Compliance

Violation of this Part will be dealt with on an individual basis and could result in suspension of part or all LEADS capabilities, either temporarily or completely and permanently. The Department of Law Enforcement reserves the right to suspend all or any portion of LEADS service without prior notification.

a) Minor Violations − When a violation of the regulations in this Part occurs that does not threaten the integrity of LEADS, the LEADS Administrator will give written notice to the guilty agency explaining the violation. Such minor violations will not justify suspension of any LEADS access or service.

b) Repeated, Continuous, or Multiple Violations − When an agency is believed to be repeatedly or continuously in violation of the regulations in this Part or has violated multiple regulations, the Director of the Department of Law Enforcement shall set a hearing, providing the agency with at least 20 days advance written notice of the hearing date. See Hearing Procedures (d) below.

c) Major Violations

When a violation of the regulations in this Part or related law occurs that could seriously affect the integrity of LEADS or could threaten the safety of officers or the public, the Director of the Department of Law Enforcement reserves the right to immediately suspend all or part of LEADS access or services without prior notice. When this becomes necessary, the Director will immediately notify the suspended agency by the quickest means possible with a follow-up letter giving the following:

A) A list of the services which have been suspended;

B) Reasons for suspension;

C) A hearing date which shall be within 10 days of the date of suspension.

If circumstances warrant, the Director may lift the suspension prior to the hearing. Normally, however, the suspension would remain in effect at least until the hearing has been concluded.

d) Hearing Procedures − When a hearing has been set by the Director or his designee, the following procedures will be followed:

The agency believed to be in non-compliance will appear at the hearing.
Representatives of the LEADS Advisory Policy Board will present evidence that a violation has occurred or is occurring.
The agency shall be given an opportunity to explain the reasons for non-compliance or explain why the agency believes that it has not committed a violation.
If a violation has occurred, the agency will explain the steps taken to prevent a future violation or to eliminate non-compliance.

e) Director's Decision

At the conclusion of the hearing, the Director may:

A) Suspend service;

B) Find compliance;

C) Lift a suspension already imposed;

D) Grant a period of time to comply with the regulations.

If the Director grants additional time to comply, the Director shall set a date for a subsequent hearing to review compliance with the terms of the Director's order. At the second hearing, the Director may exercise any option he could have exercised at the original hearing.

Part 1244 Use of Force Reporting

20 Ill. Adm. Code 1244.10 Introduction - Fbi National Use of Force Database

a) In 2015, the Federal Bureau of Investigation (FBI) created the National Use of Force Data Collection in partnership with law enforcement agencies to provide nationwide statistics on law enforcement Use of Force incidents. The FBI began collecting this data from law enforcement agencies on January 1, 2019.

b) The data collection includes National level statistics on law enforcement Use of Force incidents and basic information related to the circumstances, subjects, and officers involved.

20 Ill. Adm. Code 1244.20 Purpose

The purpose of this Part is to provide requirements and procedures for Illinois law enforcement agencies to report Use of Force incidents to the Illinois State Police (ISP) for forwarding to the FBI Use of Force National Database. The ISP will leverage the Illinois Uniform Crime Reporting (I-UCR) data collection technical infrastructure to enhance efficiency.

20 Ill. Adm. Code 1244.30 Reporting Use of Force to the Department

a) All Illinois law enforcement agencies shall submit to the ISP on a monthly basis a report on Use of Force, in a form and manner prescribed by ISP, utilizing the Illinois National Incident-Based Reporting System (NIBRS) Repository. The report shall include any action that resulted in the death or serious bodily injury of a person or the discharge of a firearm at or in the direction of a person.

b) For the purpose of this data collection, the definition of serious bodily injury is based, in part, on Title 18 United States Code, Section 2246 (4): The term "'serious bodily injury' means bodily injury that involves a substantial risk of death, unconsciousness, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty."

c) The Use of Force reports submitted by all Illinois law enforcement agencies to the ISP shall include information required in the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Division, Information Technology, "National Use-of-Force Data Collection: Flat File and Bulk Load, Technical Specifications"; Version 4.5, dated August 27, 2019.

d) In the event an Illinois law enforcement agency has no Use of Force incidents to report in a given month, the agency shall submit a zero report for that particular month by the 15th day of the following month.

e) The ISP shall submit such reports on a monthly basis to the FBI National Use of Force Database in the form and manner prescribed by FBI.

20 Ill. Adm. Code 1244.10 Introduction - FBI National Use of Force Database

a) In 2015, the Federal Bureau of Investigation (FBI) created the National Use of Force Data Collection in partnership with law enforcement agencies to provide nationwide statistics on law enforcement use of force incidents. The FBI began collecting this data from law enforcement agencies on January 1, 2019.

b) The data collection includes national level statistics on law enforcement Use of Force incidents and basic information related to the circumstances, subjects, and officers involved.

History

Source: Amended at 47 Ill. Reg. 7002, effective May 8, 2023

20 Ill. Adm. Code 1244.20 Purpose

20 Ill. Adm. Code 1244.30 Reporting Use of Force to the Department

e) The ISP shall submit such reports on a monthly basis to the FBI National Use of Force Database in the form and manner prescribed by FBI.

20 Ill. Adm. Code 1244.100 Definitions

Unless specified otherwise, all terms in this Subpart shall have the meanings set forth in the Uniform Crime Reporting Act.

"ISPERN" means the Illinois State Police Emergency Radio Network.

"Mental health crisis" means when a person's behavior puts them at risk of hurting themselves or others or prevents them from being able to care for themselves. [50 ILCS 709/5-12(7)]

History

Source: Added at 47 Ill. Reg. 7002, effective May 8, 2023

20 Ill. Adm. Code 1244.200 Purpose

The purpose of this Subpart is to provide Illinois law enforcement agencies with the requirements and procedures for reporting mental health crisis or incidents dispatching to the Illinois State Police (ISP) as required by the Uniform Crime Reporting Act [50 ILCS 709].

History

Source: Added at 47 Ill. Reg. 7002, effective May 8, 2023

20 Ill. Adm. Code 1244.300 Incident Reporting

All law enforcement agencies shall report to the Illinois State Police (ISP) incidents where a law enforcement officer was dispatched to deal with a person experiencing a mental health crisis or incident.

a) The data reported for each incident shall include:

the level of law enforcement response, and
the outcome of each incident. [50 ILCS 709/5-12]

b) The duty to report is based upon the reason for dispatch rather than the outcome of the incident.

c) The data reported should not include:

officers responding to an ISPERN or emergency broadcast if they were not specifically dispatched to respond; and
officers handling an incident who subsequently learn a mental health crisis or incident is involved if they were not dispatched in response to a mental health crisis or incident.

d) The data reported should include officers dispatched to a mental health incident or crisis even if they are unable to locate the subject and/or otherwise do not complete a field report regarding the incident.

e) The data reported shall be submitted electronically, in a form and manner prescribed by ISP. A form, including instructions, shall be made available on the ISP's website.

f) Data reported shall be submitted for any given month by the 15th day of the following month.

History

Source: Added at 47 Ill. Reg. 7002, effective May 8, 2023

20 Ill. Adm. Code 1244.400 Level of Response Reporting

The level of response is intended to capture the resources dispatched only by the reporting law enforcement agency.

a) Level of response reporting options include: Sworn Officer, Crisis Intervention Team Trained Officer, SWAT Team, Social Worker, Psychologist, Ambulance, or Other.

b) The law enforcement agency shall report all resources dispatched by the reporting law enforcement agency, excluding resources requested by others.

History

Source: Added at 47 Ill. Reg. 7002, effective May 8, 2023

20 Ill. Adm. Code 1244.500 Outcome Reporting

The outcome is intended to capture the result of the reporting law enforcement agency's involvement.

a) Outcome options include: Released (Own Recognizance), Released (Family Member), Arrested, Voluntary Admission to Mental Health Facility, Officer Admitted Offender to Mental Health Facility, Offender Adjudicated to Mental Health Facility, and Other.

b) The reporting law enforcement agency shall be specific where possible and report all outcomes that apply.

History

Source: Added at 47 Ill. Reg. 7002, effective May 8, 2023

Chapter II Illinois State Police

Part 1250 Operation of Motor Vehicles

20 Ill. Adm. Code 1250.10 Specific Exemptions

The provisions of Section 11-1419 of the Illinois Vehicle Code shall not apply with respect to drivers used wholly in driving motor vehicles having not more than two axles and whose gross weight, including the load, does not exceed 10,000 pounds.

20 Ill. Adm. Code 1250.20 Vehicular Emergencies

In case of any vehicular emergency, such as a temporary malfunction or breakdown of equipment, a driver may complete his run by driving for not more than 12 hours in the aggregate following 8 consecutive hours off duty, without being in violation of the provisions of Section 11-1419 of the Illinois Vehicle Code, if such run could reasonably have been completed without such violation.

20 Ill. Adm. Code 1250.30 Adverse Driving Conditions

In case of snow, sleet, fog, or other adverse weather conditions, or in case the highways are covered with snow or ice, or presence of unusual road and traffic conditions, a driver may be permitted to drive or operate a motor vehicle of the second division, in order to complete his run, for not more than 12 hours in the aggregate following 8 consecutive hours off duty, instead of the limit of 10 hours driving following 8 consecutive hours off duty as provided in Section 11-1419 of the Illinois Vehicle Code.

20 Ill. Adm. Code 1250.40 Road Maintenance

The provisions of Section 11-1419 of the Illinois Vehicle Code shall not apply to State or local governmental road maintenance and/or emergency vehicles required to service roads and streets during adverse weather conditions, snowstorms, floods, fire or calamitous visitation or disaster.

20 Ill. Adm. Code 1250.50 Unusual Temporary Demands

The provisions of Section 11-1419 of the Illinois Vehicle Code shall not apply with respect to drivers of motor vehicles engaged solely in making deliveries for retail stores during the period from December 10 to December 25, both inclusive, of each year.

20 Ill. Adm. Code 1250.60 Disaster Relief

The provisions of Section 11-1419 of the Illinois Vehicle Code shall not apply to any carrier subject thereto when transporting passengers or property to or from any section of the country with the object of providing relief in case of earthquake, flood, fire, famine, drought, epidemic, pestilence, or other calamitous visitation or disaster.

Part 1255 Sexual Assault Evidence Submission Act

20 Ill. Adm. Code 1255.10 Purpose

The purpose of this Part is to provide procedures and define responsibilities for the submission of sexual assault evidence in connection with the investigation of a criminal case to a Department of State Police laboratory or a laboratory approved and designated by the Director of the State Police.

20 Ill. Adm. Code 1255.20 Definitions

Unless otherwise specified, all terms shall have the meanings set forth in Section 5 of the Act.

"Act" means the Sexual Assault Evidence Submission Act [725 ILCS 202].

"Approved Laboratories" means all laboratories within Illinois that are designated as National DNA Index System (NDIS) Participating by the Federal Bureau of Investigation and that are approved by the Director of the Department of State Police under this statute. For example, all Illinois State Police laboratories that conduct DNA casework, the DuPage County Forensic Science Center, and the Northeastern Illinois Regional Crime Laboratory are approved laboratories, provided the individual laboratories maintain their respective status as NDIS Participating laboratories.

"CODIS" means the Combined DNA Index System.

"Department" means the Department of State Police.

"DNA Record" means the DNA profile or genetic marker grouping.

"Law Enforcement Agency" means local, county, state or federal law enforcement agencies involved in the investigation of sexual assault cases in Illinois.

20 Ill. Adm. Code 1255.30 Responsibilities

a) Law Enforcement Agencies

By October 15, 2010, each law enforcement agency is required to complete and submit to the Department an inventory of sexual assault cases that have not previously been submitted to a laboratory as described in Section 20 of the Act, per the instructions provided by the Department.
Each law enforcement agency must confirm the submitted inventory form is a complete listing of all previously unsubmitted sexual assault cases in its possession.

b) Illinois State Police

The Department will provide, by mail, to each law enforcement agency instructions for completing the inventory of cases required by Section 20 of the Act.
By February 15, 2011, the Department will submit a plan for analyzing cases submitted pursuant to this Act to the Governor, the Attorney General, and both houses of the General Assembly.

20 Ill. Adm. Code 1255.40 Procedures for Submission

a) Certification

All sexual assault cases submitted to the laboratory pursuant to any Section of the Act must include a certification that the evidence is submitted in connection with a criminal investigation, as required by Section 30 of the Act. The submitting law enforcement agency must sign the certification required by this subsection (a)(1), stating the evidence is part of a prior or current criminal investigation, for each submission of evidence. This certification relates to the status of the investigation (whether it is criminal or non-criminal) at the time of submission. Evidence from cases that subsequent to collection have been determined to be non-criminal cannot be submitted for analysis since DNA profiles from non-criminal cases are prohibited from being entered into the CODIS database. This certification, to accompany each case submission, is required to ensure that the laboratories are able to comply with all federal and State laws for entering and searching DNA profiles, at the State level, of CODIS. The certification shall read as follows:

This evidence is being submitted by (name of investigating law enforcement agency) in connection with a prior or current criminal investigation. (Section 30 of the Act)

With approval of the Department's Forensic Sciences Commander or designee, the statutory certification described in subsection (a)(1) may be incorporated into other documentation in lieu of a separate certification form.

b) Required Signatures

Prior to submission, the law enforcement agency must ensure that all required signatures are obtained for the Patient Consent/Authorization to Release Information and Evidence to Law Enforcement Agency form within the Illinois State Police Sexual Assault Evidence Kit. This includes:

A) the patient, parent or guardian signing the consent authorizing evidence preservation and collection; and

B) the patient, parent or guardian, investigating officer or DCFS representative signing the release portion of the form, authorizing release of information.

A case cannot be accepted for laboratory analysis without the required signatures.

c) Sexual assault evidence submitted to the laboratory pursuant to any Section of the Act must adhere to the laboratory's case acceptance policy. The law enforcement agency and the laboratory will work together to determine which items of evidence in each case will be submitted. Submissions may be limited to only the most probative evidence collected in the case, as well as any known DNA standards required for the laboratory to properly interpret DNA results. For example, such known DNA standards could be those from the victim, the suspect and a husband/consensual partner, depending on the specific case circumstances.

d) A complete inventory of all previously unsubmitted sexual assault cases, as described by Section 20 of the Act, regardless of statute of limitations or current prosecutorial/investigative status, must be submitted electronically to the Illinois State Police by October 15, 2010, as per the instructions provided by the Department, unless an alternate submission method is approved by the Department's Forensic Sciences Commander or designee.

20 Ill. Adm. Code 1255.50 Expungement of Records

Upon receipt of notification from the investigating law enforcement agency or State's Attorney's Office by the approved laboratory that analyzed the case that a DNA record, uploaded into CODIS pursuant to the Act, was not connected to a criminal investigation, the DNA record will be removed from the local, State and national CODIS databases. Written confirmation will be sent to the submitting law enforcement agency by the approved laboratory verifying the expungement is completed.

Part 1265 Electronic Transmission of Fingerprints

20 Ill. Adm. Code 1265.10 Purpose

The purpose of this Part is to provide requirements and procedures for the electronic transmission of fingerprint data to the Illinois State Police.

20 Ill. Adm. Code 1265.20 Definitions

The following definitions shall apply to this Part:

"Department" means the Illinois Department of State Police.

"FBI" means the Federal Bureau of Investigation.

"Electronic transmission" means the transmission of data by electronic method.

"Fee applicant process" means the procedure used by noncriminal justice agencies and other entities in conducting fingerprint-based criminal history background investigations of prospective employees or licensees. This term does not include inquiries made under the provisions of the Uniform Conviction Information Act.

20 Ill. Adm. Code 1265.30 Requirements

a) Fingerprint images, a photograph (beginning January 1, 2014) of the individual being fingerprinted, and related alpha numeric identification data submitted to the Department for the purpose of the fee applicant process shall be submitted by means of electronic transmission.

b) Electronic transmission of fingerprint data to the Department shall be accomplished utilizing livescan procedures or other comparable technology approved for use by the Department.

c) Electronic transmission of data and a photograph of the individual being fingerprinted are required for all fee applicant process inquiries to the Department and all fee applicant process inquiries made to the FBI through the Department. The effective date of the photograph requirement is January 1, 2014.

d) In the event of equipment malfunction or other special circumstance that makes electronic transmission of fingerprint data impractical, the Department may allow limited use of paper fingerprint records for fee applicant submissions.

e) Applicants with a physical handicap or ailment, when taking the applicant's photo would cause the applicant harm in any way, are excluded from the photo requirement.

History

Source: Amended at 37 Ill. Reg. 16836, effective October 3, 2013; expedited correction at 38 Ill. Reg. 4524, effective October 3, 2013

Part 1275 Gang Crime Witness Protection Act

20 Ill. Adm. Code 1275.10 Purpose

This Part delineates procedures for the implementation of the Gang Crime Witness Protection Act.

20 Ill. Adm. Code 1275.20 Definitions

a) Unless specified otherwise, all terms shall have the meanings set forth in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act [740 ILCS 147/10].

b) For purposes of these rules, the following additional definitions apply:

"Act" means the Gang Crime Witness Protection Act [P.A. 89-498, effective June 27, 1996].

"Administrator" means the Director of State Police or the Director's designee.

"Attorney General" means the Attorney General of the State of Illinois.

"Department" means the Illinois Department of State Police.

"Director" means the Director of State Police.

"Gang Crime" means the same as set forth in the Gang Crime Witness Protection Act [P.A. 89-498, effective June 27, 1996].

"Victim" means a person who has suffered direct or threatened physical harm as a result of the commission of a gang crime, and such person has delivered sworn testimony or actively aided in the prosecution of perpetrators of gang crimes.

"Victim/Witness" means a victim or a witness as defined by this Part and any relative of a victim or witness who, with respect to the related gang crime, has suffered direct or threatened physical harm or if the potential for such harm can be reasonably inferred.

"Witness" means a person who has delivered sworn testimony or actively aided in the prosecution of perpetrators of gang crimes if such person has suffered direct or threatened physical harm or if the potential for such harm can be reasonably inferred.

"Witness Protection Coordinator" means an employee of the Department of State Police who is charged with the responsibility of receiving, evaluating and processing applications for reimbursement on behalf of the Director.

20 Ill. Adm. Code 1275.30 Procedures

a) Illinois State Police shall:

Receive, review and process requests for reimbursement of victim/witness temporary living costs, moving expenses, rent, security deposits and other appropriate expenses of relocation or transition received from State's Attorneys or the Attorney General;
Evaluate requests for reimbursement for completeness and accuracy and ensure that verification is submitted for all expenditures claimed;
Arrange for the disbursement of monies from the Gang Crime Witness Protection Fund as authorized by the Administrator; and
Receive reimbursement from the Gang Crime Witness Protection Fund for expenses related to the implementation of the Act.

b) Submission of requests for reimbursement

Only the Illinois Attorney General and the State's Attorney of any Illinois county may request reimbursement under the Act.
All requests for reimbursement must be submitted in writing to the Witness Protection Coordinator on a form provided by the Department. The form shall include information identifying the requesting authority, a description of the related gang crime, identification of the recipient of the reimbursement, justification for the protected status, estimate of future expenditures, identification of matching expenditures and certification of compliance with the Act and this Part.
Requests for reimbursement must include receipts or equivalent documentation verifying expenditures.
Requests for reimbursement must include documentation verifying expenditure of matching funds by the affected county.
Requests shall be made individually for each victim/witness. For cases involving more than one victim/witness, a separate form will be used for each.
Supplemental requests can be made for continuing expenses during the same State fiscal year. A new form shall be used for each supplemental request.

c) Security

Information concerning the identity or whereabouts of a victim/witness will not be provided to the Department as part of the request process. Association of reimbursement payments to a given witness/victim will be accomplished through issuance of a unique Audit Control Number assigned by the requesting prosecutorial authority. Only one Audit Control Number will be assigned an individual, even if claims for continuing witness protection expenses are filed in subsequent fiscal years. The referenced Audit Control Number shall be composed of the following: \

The last two digits of the State fiscal year in which the first request is made;
The letters "WP";
The National Crime Information Center (NCIC) ORI (identification code) assigned to the Office of the Attorney General or to the applicable State's Attorney; and
An ascending, sequential, 4-digit suffix, corresponding to the total number of victims/witnesses for which the entity has initiated a request for reimbursement of protection expenses in a given fiscal year (e.g., the first victim/witness would be identified with the suffix "0001", the second with "0002", etc.).

d) Matching funds

The county initiating a request must fund at least 25 percent of any expenditure for which reimbursement is requested. This matching contribution may be waived by the administrator upon showing of good cause. The following factors will be considered in making this determination:

The amount of matching funds relative to the overall budget of the requesting county;
Particular administrative obstacles limiting the requestor's ability to obtain access to matching funds;
The negative consequences which could occur if the matching funds are not waived; and
The severity of the related gang crime and the likelihood of harm to the victim/witness.

e) Processing of Applications for Reimbursement

Applications for reimbursement will not be approved:

A) If an active, enforceable felony warrant is on file for the victim/witness;

B) If relocation of the victim/witness will violate the provisions of the subject's probation, parole, supervision or other form of conditional release;

C) If the victim/witness is required to register or is registered in accordance with the provisions of the Sex Offender Registration Act;

D) If the most recent related gang crime took place prior to July 1, 1996;

E) If the victim/witness has not delivered sworn testimony at trial before a grand jury or during other official proceedings or otherwise delivered substantial assistance in furtherance of prosecution;

F) If documentation for expenditures claimed is not appended to the application form;

G) If the requesting agency is unwilling to cooperate in completing auditing requirements stipulated in the Act;

H) If required matching funds have not been contributed by the requesting agency, unless a waiver of this provision is granted by the Director;

I) If more than 50 percent of funding available in any given fiscal year has previously been obligated to the county that initiated the request; and

J) If the Department application form does not bear the original written signature of the requesting State's Attorney or the Attorney General and the date on which the referenced form was signed.

Incoming applications will be reviewed for completeness and for the presence of any disqualifying conditions.

A) Minor defects/omissions may be corrected verbally by telephone.

B) Applications which contain any of the disqualifying conditions cited in subsection (e)(1) of this Section will be returned to the submitting agency with an accompanying letter of explanation.

C) Corrected applications may be re-submitted at any time.

The final approval of the Director will be sought for all applications which comply with submission requirements; and upon his authorization, notification shall be provided to the requesting prosecutorial authority and a request for disbursement of funds will be initiated by the Department. Reimbursement will be awarded and estimated expenditures obligated in the order received. In the event requests exceed available funds, the Director may award reimbursement out of chronological order to address life-threatening or other extraordinary circumstances.

f) Technical Assistance

State's Attorneys and the Attorney General may request the Department to provide guidance in protecting and relocating a victim/witness.
If protection and relocation of the victim/witness would qualify for reimbursement as described in Section 1275.30 of this Part, the Department will provide guidance when requested and to the extent the Director determines Department resources are available.
Guidance may include information regarding appropriate relocation destinations, how to structure travel and moving arrangements and methods of providing personal protection for the victim/witness.
When providing guidance, the Department shall have exclusive authority to determine the manner and extent to which Department resources and personnel are utilized.
The cost of any guidance provided by the Department will be reimbursed from the Gang Crime Witness Protection Fund.
All requests for guidance shall be made to the Witness Protection Coordinator.
The Attorney General or the State's Attorney who requests guidance shall make available to the Department upon request all records relating to the victim/witness, the related gang crime and the need for protection.

Part 1280 Sex Offender Registration Act

20 Ill. Adm. Code 1280.10 Purpose

The purpose of this Part is to provide requirements and procedures for the registration of sex offenders.

History

Source: Amended at 20 Ill. Reg. 8045, effective June 3, 1996

20 Ill. Adm. Code 1280.20 Definitions

Unless specified otherwise, all terms shall have the meanings set forth in the Sex Offender Registration Act. For purposes of this Part, the following definitions apply:

"Act" means the Sex Offender Registration Act [730 ILCS 150].

"Adjudicated juvenile delinquent sex offender" means a juvenile that has been adjudicated a juvenile delinquent as the result of committing or attempting to commit any of the sex offenses described in Section 2(B), (C), or (C-5) of the Act or a violation of any substantially similar federal, sister state, or foreign country law.

"Agency of jurisdiction" means the law enforcement agency having jurisdiction as defined in the Act, i.e., the agency with jurisdiction where the sex offender intends to reside, work or attend school.

"Conviction" means one or more convictions which result from or are connected with the same act, or result from offenses committed at the same time; such convictions shall be counted as one conviction.

"Department" means the Illinois Department of State Police and any of its subdivisions.

"Institution of higher education" means an Illinois institution legally constituted to offer degree and instruction post secondary education.

"Out-of-state employee" means any sex offender or sexual predator who is employed in Illinois, regardless of whether the individual receives payment for services performed, volunteers, or performs services for government or educational benefit for a period of time of 10 or more days or for an aggregate period of time of 30 or more days during any calendar year. Persons who are employed to operate motor vehicles in or through Illinois or whose employment involves periods of less than a full day in Illinois accrue one day of employment for any portion of a day spent in Illinois.

"Out-of-state student" means any sex offender or sexual predator who is enrolled in Illinois, on a full-time or part-time basis, in any public or private educational institution, including, but not limited to, any secondary school, trade or professional institution, or institution of higher education.

"Place of confinement" means any prison, jail, hospital or other institution or facility where a sex offender may be confined due to conviction or a finding other than acquittal for a sex offense; due to a person's status as a sexually violent person under the Sexually Violent Persons Act; or due to a person's status as a sexually dangerous person under the Sexually Dangerous Persons Act.

"Registry" means data maintained by the Department for the purpose of complying with and implementing the Sex Offender Registration Act and the Sex Offender and Child Murderer Community Notification Law. This data includes information forwarded to the Department by jurisdictions and information obtained by the Department itself.

“Resides” means to maintain a residence or to be temporarily domiciled for a period of 10 or more days.

“Sex offender” means the same as the definition found in Section 2(A) of the Sex Offender Registration Act [730 ILCS 150/2(A)].

"Sex Offender Notification Form" means the form designed by the Department to be used to notify the sex offender of the responsibility to register.

"Sex Offender Registration Form" means the form designed by the Department to be used to satisfy the registration requirements of the Act.

"Sexual predator" means the same as the definition found in Section 2(E) of the Sex Offender Registration Act [730 ILCS 150/2(E)].

History

Source: Amended at 27 Ill. Reg. 16141, effective September 30, 2003

20 Ill. Adm. Code 1280.25 Juvenile Sex Offender

An adjudicated juvenile delinquent sex offender as described or defined at Section 2(A)(5)of the Act is required to comply with all the statutory and administrative obligations of a sex offender. However, to qualify as an adjudicated juvenile delinquent sex offender, the adjudication referenced in Section 2(A)(5) must have occurred on or after July 1, 1999 (the effective date of Public Act 91-48).

History

Source: Amended at 27 Ill. Reg. 16141, effective September 30, 2003

20 Ill. Adm. Code 1280.30 Procedures

a) Place of Confinement

A sex offender, prior to the release from a place of confinement, shall be notified by the place of confinement of the duty to register under the Act. The offender shall also be required to read and sign a completed Sex Offender Notification Form.
The place of confinement shall give one copy of the completed Sex Offender Notification Form to the offender, keep the original for their record and send a photograph of the offender to the Department.
The Illinois Department of Corrections (IDOC) will share with the Department, within 24 hours, electronic data files, including photographs, containing all sex offenders being released from IDOC facilities.
The hospital, other treatment facility, or place of confinement other than IDOC, shall give one copy of the completed Sex Offender Notification Form to the offender, keep the original for their record, and forward one copy to the Department within three days after the sex offender's release.

b) Court

The court will ensure a sex offender, released on probation or discharged upon payment of a fine as a result of a conviction for a sex offense or an attempted sex offense, shall be informed of the duty to register under the Act. The offender shall also be required to read and sign a completed Sex Offender Notification Form.
The court will ensure one copy of the completed Sex Offender Notification Form is given to the offender and the original is maintained in the court file.
The court will ensure the record of notification is entered into LEADS and a photograph is forwarded to the Department within three days after conviction.

c) Agency of Jurisdiction

The agency of jurisdiction will complete the Sex Offender Registration Form; ensure the offender reads and signs the form, provide one copy of the form to the offender, keep the original signed copy until the requirement to register has expired, and, within three days, enter registration information in the Law Enforcement Agencies Data System (LEADS); and forward a copy of the offender's photograph to the Department. Fingerprints will be obtained from the sex offender, using the standard arrest card, and forwarded to the Illinois State Police Bureau of Identification during initial registration. The card shall indicate that the purpose of the fingerprints is for sex offender registration.
The agency of jurisdiction shall review the current criminal history record of the offender. The agency shall confirm the offender's duty to register and the offender's registration information and determine if the offender qualifies as a Sex Offender. If the disposition is missing or the criminal history is incomplete, the agency shall inform the Illinois State Police. The Bureau of Identification shall provide any information it has that would assist in completing the record.
The agency of jurisdiction shall record contacts with convicted sex offenders into LEADS as an add-on record.
Agencies of jurisdiction can establish agreements with other agencies of jurisdiction to facilitate the discharge of their responsibilities under the Act and this Part. These agreements may delegate to another agency tasks necessary to accomplish an agency's mandatory duties. The agreements shall be in writing and shall be submitted to the Department prior to implementation. Regardless of any agreement, each agency shall be responsible to ensure its individual compliance with the Act and this Part.
Agencies of jurisdiction shall verify the address of sex offenders required to register with their agency at least once a year. A record of the results of this verification shall be documented with a LEADS add-on.
Section 3(a)(1) of the Sex Offender Registration Act [730 ILCS 150/3(a)(1)] requires that a sex offender or sexual predator required by the Act to register shall register with each agency of jurisdiction where the sex offender or sexual predator intends to reside, be temporarily (10 or more days per calendar year) domiciled, be employed or attend school. Registration of location of employment or school attendance shall be completed within 10 days after beginning employment or school. Except as provided by subsection (c)(7) of this Section, the sex offender or sexual predator is deemed to have met these registration requirements if the sex offender or sexual predator timely registers all residence, temporary domicile, employment and school attendance information with the agency or jurisdiction in which the registrant resides. The Department will electronically share the registrant information with the agency of jurisdiction in the location of the registrant's temporary domicile, employment or school attendance.
When an individual required to register is employed by or attends an institution of higher education outside the jurisdiction of the sex offender's or sexual predator's place of residence, that individual shall additionally register directly with the agency of jurisdiction in the location of the institution of higher education.

d) Change of Address

A sex offender, who changes residence address, shall within ten days after the change so inform, in writing, the last law enforcement agency with whom registered. Within three days after receiving notification, the law enforcement agency shall enter the notice of address change into LEADS.

A sex offender shall report any changes of employment or school status in writing or in person to the law enforcement jurisdiction of the sex offender’s residence within 10 days after the change.
A sex offender attending or employed at an institution of higher education shall, in addition to the other requirements of this subsection (d), report any changes of employment or school status in person to the law enforcement jurisdiction of the institution of higher education within 10 days after the change if the institution of higher education is not located in the law enforcement jurisdiction of the sex offender’s residence.

e) Registration Fees

The agency of jurisdiction shall collect a $10 initial registration fee and a $5 annual renewal fee from sex offenders. The agency can waive the fee if the sex offender is indigent or otherwise unable to pay the registration fee. All registration fees shall be retained by the registering agency and used for official purposes only. Appropriate records of receipts and expenditures should be maintained by the registering agency. Fees shall not be collected for reporting employment, school, or institution of higher education changes other than as may be required for annual registration.

f) Notification of Sex Offenders Moving to Illinois from Other States or Countries; Sex Offenders Who Were Convicted or Adjudicated in Illinois and Were Released from Confinement Prior to January 1, 1996 or Who Were Convicted and Sentenced to Probation Prior to January 1, 1996. Any law enforcement agency can notify a sex offender to register. Documentation of this notification may include, but shall not be limited to, a LEADS add-on, Notification Form, local field or investigative report, etc.

g) Registration of Juveniles

The parent, legal guardian, probation or parole supervisor, or other court-appointed custodian shall accompany juveniles to the agency having jurisdiction for the purpose of registering as a sex offender.

History

Source: Amended at 27 Ill. Reg. 16141, effective September 30, 2003

20 Ill. Adm. Code 1280.40 Requirements

a) Registration Period

A sex offender required to register under the Act shall be required to register for a period of ten years after the conviction or adjudication if not confined to a penal institution, hospital or any other institution or facility, and if confined, for a period of ten years after parole, discharge or release from any such facility. Liability for registration terminates at the expiration of ten years from the date of conviction or adjudication if not confined to a penal institution, hospital or any other institution or facility, and if confined, at the expiration of ten years from the date of parole, discharge or release from any such facility, providing such person does not, during that period, again become liable to register under the provisions of the Act. Reconfinement (due to violation of parole or other circumstances) which relates to the original conviction or adjudication shall extend the period of registration to ten years after final parole, discharge or release. A sex offender shall register in person annually within one year after his or her last registration. Failure to comply with any provision of the Act shall extend the period of registration by ten years beyond the period otherwise required. A sexually dangerous person or sexually violent person shall register in person no later than 90 days after the date of his or her last registration for the period of his or her natural life. A sexual predator shall register in person annually within one year after his or her last registration for the period of his or her natural life.

b) Confidentiality

The secondary dissemination of sex offender information is not prohibited.

c) Sex Offender Registration Form

The Sex Offender Registration Form shall contain all the information necessary to comply with the requirements of these rules and shall also provide descriptive information necessary to identify the person registering.

d) Sex Offender Notification Form

The Sex Offender Notification Form shall be used to notify the offender regarding responsibilities under the Act. The form shall at a minimum include the sex offender's name, date of birth, sex, race, SID (State identification number), county of conviction, date of conviction and intended address. The form must be initialed and signed by the sex offender. The form is not required for sex offenders who were convicted and sentenced to probation or who were released from confinement prior to January 1, 1996.

e) Out-of-State Student

Out-of-state students must register with the law enforcement agency having jurisdiction where they attend school in Illinois.

f) Out-of-State Employee

Out-of-state employees must register with the law enforcement agency having jurisdiction where they are employed in Illinois. Out-of-state employees whose employment involves work in more than one location shall register in the location in which the greatest time of employment is spent. Out-of-state employees are required to register no later than the day on which they qualify as an out-of-state employee as defined in Section 1280.20.

History

Source: Amended at 27 Ill. Reg. 16141, effective September 30, 2003

20 Ill. Adm. Code 1280.50 Extension of Registration Period

a) Extension

Whenever a sex offender fails to register for the period of time as required by Section 7 of the Sex Offender Registration Act [730 ILCS 150/7], the Director shall extend for 10 years the registration period of any sex offender.

b) Notice

The Department shall send a registered letter to the law enforcement agency where the sex offender last registered within 3 days after the extension of the registration period.
The sex offender shall obtain a copy of the letter from the law enforcement agency where the sex offender last registered.
When a sex offender signs for the letter notifying them of the extension, the law enforcement agency shall ensure the date received is indicated with the signature, and then shall retain one copy and return one to the Department.

c) Petition for Review

Upon receipt of notice that the registration period has been extended pursuant to Section 7 of the Sex Offender Registration Act [730 ILCS 150/7], the sex offender shall have 10 business days to petition the Department to review the circumstances surrounding the extension of the registration.
The sex offender shall complete any forms prescribed by the Department and provide any additional documentation requested (e.g. hospital release, rehab release, jail release, family death certificate, obituary, etc.) that is relevant and necessary to review the circumstances surrounding the extension of the registration.
As the result of such review:

A) If there is sufficient information to determine whether substantial justice has been done, the Director shall issue a final administrative decision regarding the extension of the registration;

B) If there is insufficient evidence to determine whether substantial justice has been done, the Director shall provide notice to the petitioner that they may request a hearing before an administrative law judge.

i) The petitioner shall request an administrative hearing within 30 days from the date notice is sent.

ii) The request for an administrative hearing must be in writing on forms made available by the Department through its website.

d) Administrative Hearing

The administrative law judge for contested hearings shall be an attorney licensed to practice law in Illinois appointed by the Director. The administrative law judge will be disqualified for bias or conflict of interest.
The procedures for the hearing shall be as described in Article 10 of the Illinois Administrative Procedure Act [5 ILCS 100/Art. 10] and as ordered by the administrative law judge (See 20 IAC 1200).
Within 90 days after the conclusion of the hearing, the administrative law judge shall issue a recommended decision.
The Director shall be provided with a copy of the entire record, including but not limited to the recommendation of the administrative law judge and shall issue a final administrative decision to the complainant regarding the extension of the registration.

e) Decisions rendered under this process are subject to the Administrative Review Law [50 ILCS 100/10-50].

History

Source: Added at 46 Ill. Reg. 6803, effective April 12, 2022

Part 1282 Sex Offender and Child Murderer Community Notification Law

20 Ill. Adm. Code 1282.10 Purpose

The purpose of this Part is to provide requirements and procedures for providing the names, addresses and offenses of sex offenders to the community.

History

Source: Amended at 24 Ill. Reg. 9073, effective June 19, 2000

20 Ill. Adm. Code 1282.20 Definitions

a) Unless specified otherwise, all terms shall have the meanings set forth in the Sex Offender and Child Murderer Community Notification Law.

b) For purposes of these rules, the following definitions apply:

"Child care facilities" has the meaning set forth in Section 2.05 of the Child Care Act of 1969 [225 ILCS 10/2.05], but does not include licensed foster homes. This term includes licensed child care facilities and child care facilities for which applications for license are being processed by the Department of Children and Family Services.

"Department" means the Illinois Department of State Police.

"Institution of higher education" means an Illinois institution legally constituted to offer degree and instruction post secondary education.

"Jurisdiction" means law enforcement jurisdiction as described in the definition of "law enforcement agency having jurisdiction" in Section 105 of the Sex Offender Registration Act.

"Law" means the Sex Offender and Child Murderer Community Notification Law [730 ILCS 152].

"Point of contact" means an individual identified by an agency or other entity as the person responsible for accepting and issuing communications relating to the implementation of this Part.

"Registry" means data maintained by the Department for the purpose of complying with and implementing the Sex Offender Registration Act and the Sex Offender and Child Murderer Community Notification Act. This data includes information forwarded to the Department by jurisdictions and information obtained by the Department itself.

"Scheduled notifications" means the first two weeks of February, May, August and November.

"Schools" means the school boards of public school districts and the principal or other appropriate administrative officer of each non-public school which has registered with the State Board of Education or, in the case of a group of non-public schools registered with the State Board of Education which are organized under a single controlling administrative entity, the controlling administrative entity of that group of non-public schools.

"Sex offender" means the same as the definition found in Section 2(A) of the Sex Offender Registration Act [730 ILCS 150/2(A)].

"Sexual predator" means the same as the definition found in Section 2(E) of the Sex Offender Registration Act [730 ILCS 150/2(E)].

"Victim" means the individual subjected to the particular offense for which the perpetrator acquired the status of a sex offender. This term also includes the individual's parent and legal guardian.

History

Source: Amended at 27 Ill. Reg. 16152, effective September 30, 2003

20 Ill. Adm. Code 1282.30 Procedures

a) State Board of Education

The State Board of Education will provide to the Department an accurate listing of addresses and points of contact for all schools.
The listing will be provided to the Department at least 30 days prior to the beginning of scheduled notifications.
The State Board of Education will appoint a point of contact to coordinate notification activities with the Department.

b) Department of Children and Family Services

The Department of Children and Family Services will provide to the Department a listing of addresses and points of contact for all child care facilities.
The listing will be provided to the Department at least 30 days prior to the beginning of scheduled notifications.
The Department of Children and Family Services will appoint a point of contact to coordinate notification activities with the Department.

c) State Board of Higher Education

The State Board of Higher Education will provide to the Department an accurate listing of addresses and points of contact for all institutions of higher education.
The listing will be provided to the Department at least 30 days prior to the beginning of scheduled notifications.
The State Board of Higher Education will appoint a point of contact to coordinate notification activities with the Department.

d) Victim Notification

The victim may request automatic notification of the change of address of the associated sex offender.
In order to obtain automatic notification, the victim must make a request in writing to the Department which must include the full name and date of birth of the sex offender or the full name, date of conviction and county of conviction of the sex offender.

e) Law Enforcement Agency Having Jurisdiction

Law enforcement agencies having jurisdiction will develop internal procedures and policies for implementing the provisions of the Law. Procedures will provide for the reasonable access to the information required to be provided under the Law.
Agencies shall provide the name, address, date of birth and offense or adjudication of sex offender required to register to any individual as may be authorized by law who requests access to the registry. Agencies have the discretion to provide any additional information contained in the registry, which will help identify the sex offender, to any individual as may be authorized by law. Such disclosure shall not include any information which would help identify the victim.
A point of contact will be identified to serve as a liaison with schools, child care facilities, and institutions of higher education. Agencies will provide the name and telephone number of their point of contact to all child care facilities, schools, and institutions of higher education within their jurisdictions. Schools, child care facilities, and institutions of higher education will be provided any changes on a timely basis. Point of contact information will also be provided to the Department.
Requesters will be required to show identification to receive sex offender information.
Agencies may charge a reasonable fee, not to exceed costs, to provide the information to individuals requesting access to the registry. Provisions for this charge must be included in their written procedures. Fees cannot be charged to schools, child care facilities, institutions of higher education, or other government agencies or for discretionary release of information.
Disclosure to the Department of Children and Family Services, schools, child care facilities, and institutions of higher education will be made during each scheduled notification. Additional disclosures may be made at any time.
Law enforcement agencies having jurisdiction can establish agreements with other law enforcement agencies having jurisdiction to facilitate the discharge of their responsibilities under the Law and this Part. These agreements may delegate to another agency tasks necessary to accomplish an agency's mandatory duties. The agreements shall be in writing and shall be submitted to the Department prior to implementation. Regardless of any agreement, each agency shall be responsible to ensure its individual compliance with the Law and this Part.
Law enforcement agencies having jurisdiction have the discretion to place sex offender information, including photographs, on the Internet or in other media. Law enforcement agencies having jurisdiction shall have the discretion to release information regarding employment, school, institution of higher education, and juvenile information only when a risk to the public exists. Adjudicated juvenile information will not be placed on the Internet.
Law enforcement agencies having jurisdiction of sex offenders attending or employed at institutions of higher education will within three days forward one copy of the registration form and all changes of employment or education status to the point of contact for the institution.

f) Illinois State Police

The Department will provide a listing of all schools, child care facilities, and institutions of higher education to Illinois sheriffs' offices and the Chicago Police Department for their respective jurisdictions. However, the Department will not list controlling administrative entities of groups of non-public schools. The listing or changes will be provided to agencies at least two weeks prior to the beginning of scheduled notifications.
The Department will maintain the registry and conduct audits of criminal justice agencies affected by this Part to ensure the integrity of data. The Department will maintain LEADS as the primary mechanism for registration and communication relating to sex offenders.
The Department will confer with the State Board of Education, the Department of Children and Family Services, and the State Board of Higher Education concerning the implementation of this Part. Procedures to evaluate the notification process will be developed jointly. Periodic meetings will be scheduled to address issues and identify potential problems.

g) Requirements

Confidentiality

Information regarding an adjudicated juvenile delinquent sex offender shall not be available to the public except that information may be provided to a person when that person's safety may be compromised for some reason related to the juvenile sex offender if so determined by the Department or any law enforcement agency.

Sex Offender Information

The name, address, date of birth and offense of the sex offender will be provided to all persons or entities receiving information from the registry pursuant to this Part. General sex offender information can be obtained on the Illinois State Police Website at www.isp.state.il.us. Law enforcement agencies have the discretion to provide any additional information contained in the registry, including photographs, which will help identify the sex offender. Information which would help identify the victim may not be disclosed.

Registration and Notification Period

Sex offenders are required to register for 10 years after conviction or adjudication if not confined to a penal institution, hospital or any other institution or facility. If confined, sex offenders are required to register for 10 years after final parole, discharge or release from any such facility. Sexual predators, sexually dangerous persons, and sexually violent persons are required to register for the period of their natural lives. Notification requirements with respect to a particular sex offender expire when that individual is no longer required to register.

Electronic Transmission of Information

Any of the Department's communications and transfer of information described in this Part may be accomplished by electronic means. Publicly accessible communication networks, such as those commonly described as the "Internet", may be used when technically feasible.

h) Public Access

Discretionary Access

The Department and any law enforcement agency having jurisdiction may provide any information contained in the registry, including photographs but excluding information which would help identify the victim, on any sex offender to any individual or entity likely to encounter the offender. However, adjudicated juvenile sex offender information shall only be disseminated when related to personal safety.

Public Inspection

Any individual or entity shall, upon request to the local law enforcement agency having jurisdiction, be provided an opportunity by that agency to inspect a listing of all names, addresses, dates of birth and offenses or adjudications of sex offenders required to register or registered with that agency. The agency has the discretion to provide any additional information contained in the registry, including photographs but excluding information which would help identify the victim, for the purposes of public inspection. The agency has the discretion to provide the requester with the list of all sex offenders required to register within the county, or in any other Illinois county. The agency may either allow the requester to inspect the list and take notes, as appropriate, or provide a copy of the list to the requester. Secondary dissemination of sex offender information is not prohibited. However, adjudicated juvenile sex offender information shall only be disseminated when related to personal safety.

History

Source: Amended at 27 Ill. Reg. 16152, effective September 30, 2003

Part 1283 Murderer and Violent Offender Against Youth Registration Act

20 Ill. Adm. Code 1283.10 Purpose

The purpose of this Part is to provide requirements and procedures for the registration of child murderers and violent offenders against youth.

20 Ill. Adm. Code 1283.20 Definitions

Terms used in this Part shall have the meanings set forth in the Murderer and Violent Offender Against Youth Registration Act or in this Section.

"Act" means the Murderer and Violent Offender Against Youth Registration Act [730 ILCS 154].

"Adjudicated juvenile delinquent violent offender" means a juvenile who has been adjudicated a juvenile delinquent as a result of committing or attempting to commit any of the offenses described in Section 5 of the Act or a violation of any substantially similar federal, other state or foreign country law.

"Agency of jurisdiction" or "jurisdiction" means the law enforcement agency having jurisdiction as defined in the Act, i.e., the agency with jurisdiction where the offender intends to reside.

"Child care facilities" has the meaning set forth in Section 2.05 of the Child Care Act of 1969 [225 ILCS 10/2.05], but does not include licensed foster homes.

"Conviction" means one or more convictions that result from or are connected with the same act, or result from offenses committed at the same time. Such convictions shall be counted as one conviction.

"Department" means the Illinois Department of State Police and any of its subdivisions.

"Fixed residence" means any and all places that an individual resides for an aggregate period of time of 5 or more days in a calendar year. [730 ILCS 154/5(i)]

"Institution of higher education" means an Illinois institution legally constituted to provide post-secondary education.

"Notification Form" means the Murderer and Violent Offender Against Youth Notification Form designed by the Department to be used to notify the violent offender of the responsibility to register.

"Out-of-state employee" means any violent offender who is employed in Illinois, regardless of whether the individual receives payment for services performed, volunteers, or performs services for government or educational benefit for a period of time of 10 or more days or for an aggregate period of time of more than 30 days during any calendar year. Persons who are employed to operate motor vehicles in or through Illinois or whose employment involves periods of less than a full day in Illinois accrue one day of employment for any portion of a day spent in Illinois. [730 ILCS 154/5(g)]

"Out-of-state student" means any violent offender who is enrolled in Illinois, on a full-time or part-time basis, in any public or private educational institution, including, but not limited to, any secondary school, trade or professional institution, or institution of higher education. [730 ILCS 154/5(f)]

"Registration Form" means the Murderer and Violent Offender Against Youth Registration Form designed by the Department to be used to satisfy the registration requirements of the Act.

"Registry" means data maintained by the Department for the purpose of complying with and implementing the Murderer and Violent Offender Against Youth Registration Act and the Murderer and Violent Offender Against Youth Community Notification Law [730 ILCS 154/75-105]. This data includes information forwarded to the Department by jurisdictions and information obtained by the Department itself.

"Resides" means to maintain a residence or to be temporarily domiciled for a period of 5 or more days.

"Scheduled notifications" means notices sent annually.

"School" means any public or private educational institution, including, but not limited to, any elementary or secondary school, trade or professional institution, or institution of higher education. School also means the school boards of public school districts and the principal or other appropriate administrative officer of each non-public school that has registered with the State Board of Education or, in the case of a group of non-public schools registered with the State Board of Education that are organized under a single controlling administrative entity, the controlling administrative entity of that group of non-public schools. [730 ILCS 154/5(h)]

"Sex Offender Registry" means the data maintained by the Department for the purpose of complying with and implementing the Sex Offender Registration Act [730 ILCS 150] and the Sex Offender Community Notification Law [730 ILCS 152]. This data includes information forwarded to the Department by jurisdictions and information obtained by the Department itself.

"Sexually motivated" is defined in Section 10 of the Sex Offender Management Board Act [20 ILCS 4026/10].

"State's Attorney's Office" means the Office of the State's Attorney for the county in which the violent offender against youth was convicted.

"Transfer" means to move the name of and all registration data for the registered offender from the Sex Offender Registry to the Murderer and Violent Offender Against Youth Registry.

"Verification of Case Facts Form" means the form that the Department created for use by the State's Attorney's Office to verify an offense was not sexually motivated.

"Victim" means the individual subjected to the particular offense for which the perpetrator acquired the status of a violent offender against youth. This term also includes the parent and legal guardian of the victim.

"Violent offender against youth" is defined in Section 5(a) of the Murderer and Violent Offender Against Youth Registration Act.

History

Source: Amended at 46 Ill. Reg. 9105, effective May 17, 2022

20 Ill. Adm. Code 1283.30 Juvenile Violent Offender Against Youth

An adjudicated juvenile delinquent violent offender against youth is required to comply with all the statutory and administrative obligations of a violent offender against youth. However, to qualify as an adjudicated juvenile delinquent violent offender against youth, the adjudication referenced in Section 5(a)(2) of the Act must have occurred on or after July 1, 1999 (see 730 ILCS 150/2(A-5) and 730 ILCS 152/105).

20 Ill. Adm. Code 1283.40 Procedures

The procedures set forth in this Section are necessary to ensure the information in the Murderer and Violent Offender Against Youth Database is accurate as required by Section 85 of the Act.

a) Section 15 of the Act sets forth the duties and responsibilities of the Illinois Department of Corrections (IDOC), Hospital or Other Place of Confinement, which include:

A violent offender against youth, prior to release from an IDOC facility or other penal institution, hospital or other treatment facility, or other place of confinement, shall be notified by the place of confinement of the duty to register under the Act. The violent offender against youth shall also be required to read and sign a completed Murderer and Violent Offender Against Youth Notification Form.
The place of confinement shall give one copy of the completed Notification Form to the violent offender against youth, keep the original for its records, and send a photograph of the offender to the Department.
IDOC shall share with the Department, within 24 hours of the offender's release, electronic data files, including photographs, containing all violent offenders being released from IDOC facilities.
A hospital, treatment facility, or place of confinement other than IDOC shall give one copy of the completed Notification Form to the violent offender against youth, keep the original for its records, and forward one copy to the Department within 3 days after the violent offender against youth's release. [730 ILCS 154/15]

b) Section 20 of the Act sets forth the duties of the Court of conviction, which include:

A violent offender against youth, released on probation or discharged upon payment of a fine as a result of a conviction for an offense or an attempted offense that requires registration under the Act, shall be informed of the duty to register under the Act. The violent offender against youth shall also be required to read and sign a completed Notification Form.
One copy of the completed Notification Form is given to the violent offender against youth and the original is maintained in the court file. [730 ILCS 154/20]
The record of notification is entered into the Law Enforcement Agencies Data System (LEADS) and a photograph is forwarded to the Department within 3 days after conviction.
Pursuant to Section 86 of the Act, a Verification of Case Facts Form is completed by the convicting State's Attorney's Office to verify the offense was not sexually motivated. This form must be forwarded to the Department and to the jurisdiction with which the violent offender against youth must register.

c) Agency of Jurisdiction – Registration Requirements

The agency of jurisdiction will:

A) complete the Murderer and Violent Offender Against Youth Registration Form;

B) ensure the violent offender against youth reads and signs the form, provide one copy of the form to the violent offender against youth, keep the original signed copy until the requirement to register has expired, and, within 3 days of completion of the form, enter registration information into LEADS; and

C) forward a copy of the violent offender against youth's photograph to the Department. Fingerprints will be obtained from the offender, using the standard arrest card, and forwarded to the Illinois State Police Bureau of Identification during initial registration. The card shall indicate that the purpose of the fingerprints is for Murderer and Violent Offender Against Youth registration.

The agency of jurisdiction shall review the current criminal history record of the violent offender against youth. If the disposition is missing or the criminal history is incomplete, the jurisdiction shall inform the Illinois State Police. The Bureau of Identification shall provide any information it has that would assist in completing the record.
The agency of jurisdiction shall record contacts with convicted violent offenders against youth into LEADS as an add-on record.
Agencies of jurisdiction can establish agreements with other agencies of jurisdiction to facilitate the discharge of their responsibilities under the Act and this Part. These agreements may delegate to another jurisdiction tasks necessary to accomplish a jurisdiction's mandatory duties. The agreements shall be in writing and shall be submitted to the Department prior to implementation. Regardless of any agreement, each agency of jurisdiction shall be responsible to ensure its individual compliance with the Act and this Part.
Agencies of jurisdiction shall verify the address of violent offenders against youth required to register with that jurisdiction at least once a year. A record of the results of this verification shall be documented with a LEADS add-on. [730 ILCS 154/50(a)]
Section 10(a) of the Act requires that violent offenders against youth required by the Act to register shall register in person with the agency of jurisdiction where the violent offender against youth intends to reside or be temporarily (5 or more days per calendar year) domiciled. Registration of location of employment or school attendance shall be completed within 5 days after beginning employment or school. The Department will electronically share the registrant information with the agency of jurisdiction in the location of the registrant's temporary domicile, employment, or school attendance.
When an individual required to register is employed by or attends an institution of higher education outside the jurisdiction of the place of residence, that individual shall provide this information to the agency of jurisdiction in the location of the offender's residence.

d) Change of Address

A violent offender against youth who changes place of residence shall inform, in person, the last law enforcement agency with whom the offender registered within 5 days after the change. Within 3 days after receiving notification, the law enforcement agency shall enter the notice of address change into LEADS.
A violent offender against youth shall report in person any changes of employment or school status to the agency of jurisdiction of the violent offender against youth's residence within 5 days after the change.

e) Registration Fees

The agency of jurisdiction shall collect a $20 initial registration fee and a $10 annual renewal fee from violent offenders against youth. The jurisdiction can waive the fee if the violent offender against youth is indigent or otherwise unable to pay the registration fee. [730 ILCS 154/10(b)]

Appropriate records of receipts and expenditures shall be maintained by the registering jurisdiction. Fees shall not be collected for reporting changes in employment or school, other than as may be required for annual registration.
All registration fees should be made payable to the Illinois State Police for deposit into the Offender Registration Fund. Registration fees should be sent to the following address:

Illinois State Police

Fiscal Operations

801 South 7th Street, Suite 700-S

Springfield, IL 62703

f) Registration of Juveniles

The parent, legal guardian, probation or parole supervisor, or other court-appointed custodian shall accompany juveniles to the agency of jurisdiction for the purpose of registering as a violent offender against youth.

g) Transfer from the Sex Offender Registry

The registration information for a person registered under the Sex Offender Registration Act who was convicted or adjudicated for offenses listed in Section 5(b) of the Act may only be transferred to the Murderer and Violent Offender Against Youth Registry if all the following conditions are met:

A) The offender's sole offense requiring registration is a conviction or adjudication for an offense or offenses listed in Section 5(b) of the Act.

B) The State's Attorney's Office in the county in which the offender was convicted has verified on the Verification of Case Facts Form the person's crime that requires registration was not sexually motivated as defined in Section 10 of the Sex Offender Management Board Act.

C) The completed Verification of Case Facts Form has been received by the registering law enforcement agency and the Sex Offender Registration Unit at the Department.

Once transferred, if an offender is convicted of an offense that requires sex offender registration, the offender will be removed from the Murderer and Violent Offender Against Youth Registry and will be placed in the Sex Offender Registry.

h) State Board of Education Information

Pursuant to Section 90 of the Act, the State Board of Education shall provide to the Department an accurate listing of addresses and points of contact for all schools.
The listing shall be provided to the Department at least 30 days prior to the beginning of each calendar quarter.
The State Board of Education shall appoint a point of contact to coordinate notification activities with the Department.

i) Department of Children and Family Services Information

Pursuant to Section 90 of the Act, the Department of Children and Family Services shall provide to the Department a listing of addresses and points of contact for all licensed child care facilities.
The listing shall be provided to the Department at least 30 days prior to the beginning of each calendar quarter.
A point of contact from the law enforcement agency of jurisdiction will be identified to serve as a liaison with schools and child care facilities. Jurisdictions shall provide the name and telephone number of their point of contact to all child care facilities and schools within their jurisdictions.

j) Board of Higher Education Information

Pursuant to Section 90 of the Act, the Illinois Board of Higher Education shall provide to the Department an accurate listing of addresses and points of contact for all institutions of higher education.
The listing shall be provided to the Department at least 30 days prior to the beginning of each calendar quarter.
The Board of Higher Education shall appoint a contact to coordinate notification activities with the Department.

k) Victim Notification

The victim may request automatic notification of the change of address of the violent offender against youth associated with that victim.
In order to obtain automatic notification, the victim must make a request in writing to the Department that includes the full name and date of birth, or the full name, date of conviction and county of conviction, of the violent offender against youth.

l) Agency of Jurisdiction − Community Notifications

Law enforcement agencies having jurisdiction will develop internal procedures and policies for implementing the provisions of the Act. Procedures shall provide for reasonable access to the information required to be provided under the Act.
Jurisdictions shall provide the name, address, date of birth and offense or adjudication of the violent offender against youth required to register to any individual authorized by law who requests access to the registry. Jurisdictions have the discretion to provide to any individual authorized by law any additional information contained in the registry that will help identify the violent offender against youth. This disclosure shall not include any information that would help identify the victim.
A point of contact will be identified to serve as a liaison with schools and child care facilities. Jurisdictions shall provide the name and telephone number of their point of contact to all child care facilities and schools within their jurisdictions. Schools and child care facilities will be provided any changes on a timely basis. Point of contact information will also be provided to the Department.
Requesters will be required to show identification to receive violent offender against youth information.
Jurisdictions may charge a reasonable fee, not to exceed costs, to provide the information to individuals requesting access to the registry. Provisions for this charge must be included in their written procedures. Fees cannot be charged to schools, child care facilities or other government agencies or for discretionary release of information.
Disclosure to the Department of Children and Family Services, schools and child care facilities will be made during each scheduled notification. Additional disclosures may be made at any time.
Jurisdictions can establish agreements with other law enforcement agencies having jurisdiction to facilitate the discharge of their responsibilities under the Act and this Part. These agreements may delegate to another jurisdiction tasks necessary to accomplish a jurisdiction's mandatory duties. The agreements shall be in writing and shall be submitted to the Department prior to implementation. Regardless of any agreement, each jurisdiction shall be responsible to ensure its individual compliance with the Murderer and Violent Offender Community Notification Law and this Part.
Jurisdictions have the discretion to place violent offender against youth information, including photographs, on the Internet or in other media. Jurisdictions shall have the discretion to release information regarding employment, school and juvenile information only when a risk to the public exists.
Law enforcement agencies having jurisdiction of violent offenders against youth attending or employed at institutions of higher education will, within 3 days of completion, forward one copy of the registration form and all changes of employment or education status to the point of contact for the institution.

m) Illinois State Police

The Department will provide a listing of all schools and child care facilities to Illinois sheriffs' offices and the Chicago Police Department for their respective jurisdictions. However, the Department will not list controlling administrative entities of groups of non-public schools. The listing or changes in the listing will be provided to agencies at least two weeks prior to the beginning of scheduled notifications.
The Department will maintain the registry and conduct audits of criminal justice agencies, as defined in 28 CFR 20 (Criminal Justice Information Systems), affected by this Part to ensure the integrity of data. The Department will maintain LEADS as the primary mechanism for registration and communication relating to violent offenders against youth.
The Department will confer with the State Board of Education, the Department of Children and Family Services, and the Board of Higher Education concerning the implementation of this Part. Procedures to evaluate the notification process will be developed jointly. Periodic meetings will be scheduled to address issues and identify potential problems.

History

Source: Amended at 46 Ill. Reg. 9105, effective May 17, 2022

20 Ill. Adm. Code 1283.50 Requirements

a) Registration Period

A violent offender against youth required to register under the Act shall be required to register for a period of 10 years after the conviction or adjudication if not confined to a penal institution, hospital, or any other institution or facility, or, if confined, for a period of 10 years after parole, discharge or release from any such facility. Liability for registration terminates at the expiration of 10 years from the date of conviction or adjudication if not confined to a penal institution, hospital, or any other institution or facility, or, if confined, at the expiration of 10 years from the date of parole, discharge or release from any such facility, providing the person does not, during that period, again become liable to register under the Act. Reconfinement (due to violation of parole or other circumstances) that relates to the original conviction or adjudication shall extend the period of registration to 10 years after final parole, discharge, or release. Failure to comply with any provision of the Act shall extend the period of registration by 10 years beyond the period otherwise required. Except that, a person at least 17 years of age at the time of the commission of the offense who is convicted of first degree murder under Section 9-1 of the Criminal Code of 2012 [720 ILCS 5/9-1], against a person under 18 years of age, shall register in person annually within one year after his or her last registration for the period of his or her natural life. Transfer from the Sex Offender Registry to the Murderer and Violent Offender Against Youth Registry will not extend the registration period for offenders who were registered under the Sex Offender Registration Act. [730 ILCS 154/40]

b) Confidentiality

The secondary dissemination of murderer and violent offender against youth information is not prohibited. Secondary dissemination is defined as dispersing the information beyond law enforcement officials.
Notwithstanding the requirement of subsection (b)(1) information regarding an adjudicated juvenile delinquent violent offender against youth shall not be available to the public, except that information may be provided to a person or legal guardian when the Department or any law enforcement agency determines that the person's safety or the safety of a minor child may be compromised for some reason related to the juvenile violent offender against youth. [730 ILCS 154/100]

c) Murderer and Violent Offender Against Youth Registration Form

The Registration Form shall contain all the information necessary to comply with the requirements of this Part and shall also provide descriptive information necessary to identify the person registering.

d) Murderer and Violent Offender Against Youth Notification Form

The Notification Form shall be used to notify the violent offender against youth regarding responsibilities under the Act. The form shall, at a minimum, include the violent offender against youth's name, date of birth, sex, race, SID (State identification number), county of conviction, date of conviction, and intended address. The form must be initialed and signed by the violent offender against youth. The form is not required for violent offenders against youth who were convicted and sentenced to probation or who were released from confinement prior to January 1, 1996.

e) Out-of-State Student

Out-of-state students must register with the agency of jurisdiction where they attend school in Illinois.

f) Out-of-State Employee

Out-of-state employees must register within 5 days after beginning employment in this State with the agency of jurisdiction where they are employed in Illinois. Out-of-state employees whose employment involves work in more than one location shall register in the location in which the greatest time of employment is spent. [730 ILCS 154/10]

g) Electronic Transmission of Information

h) Section 55 of the Act sets forth parameters for public access, which include:

Discretionary Access

The Department and any law enforcement agency having jurisdiction may provide any information contained in the registry, including photographs but excluding information that would help identify the victim, on any violent offender against youth to any individual or entity likely to encounter the offender. However, information on an adjudicated juvenile delinquent violent offender against youth shall only be disseminated when related to personal safety.

Public Inspection as set forth in the Act. [730 ILCS 154/55].

i) Violent Offender Against Youth Information

General violent offender against youth information can be obtained on the Illinois State Police Website at www.isp.state.il.us.

History

Source: Amended at 46 Ill. Reg. 9105, effective May 17, 2022

20 Ill. Adm. Code 1283.60 Extension of Registration Period

a) Extension

Whenever a murderer or violent offender against youth fails to register for the period of time as required by Section 40 of the Murderer and Violent Offender Against Youth Registration Act (730 ILCS 154/40), the Director shall extend for 10 years the registration period of any sex offender.

b) Notice

The Department shall send a registered letter to the law enforcement agency where the murderer or violent offender against youth last registered within 3 days after the extension of the registration period.
The murderer or violent offender against youth shall obtain a copy of the letter from the law enforcement agency where the murderer or violent offender against youth last registered.
When a murderer or violent offender against youth signs for the letter notifying them of the extension, the law enforcement agency shall ensure the date received is indicated with the signature, and then shall retain one copy and return one to the Department.

c) Petition for Review

Upon receipt of notice that the registration period has been extended pursuant to Section 40 of the Murderer and Violent Offender Against Youth Registration Act (730 ILCS 154/40), the murderer or violent offender against youth shall have 10 business days to petition the Department to review the circumstances surrounding the extension of the registration.
The murderer or violent offender against youth shall complete any forms prescribed by the Department and provide any additional documentation (e.g., hospital release paperwork, rehab release paperwork, jail release paperwork, family death certificate or obituary, etc.) requested that is relevant and necessary to investigate the circumstances surrounding the extension of the registration.
As the result of such review:

a) If there is sufficient information to determine whether substantial justice has been done, the Director shall issue a final administrative decision regarding the extension of the registration;

b) If there is insufficient evidence to determine whether substantial justice has been done, the Director shall provide notice to the petitioner that they may request a hearing before an administrative law judge.

i) The petitioner shall request an administrative hearing within 30 days from the date notice is sent; and

ii) The request for an administrative hearing must be in writing on forms made available by the Department through its website.

d) Administrative Hearing

The administrative law judge for contested hearings shall be an attorney licensed to practice law in Illinois appointed by the Director. The administrative law judge will be disqualified for bias or conflict of interest.
The procedures for the hearing shall be as described in Article 10 of the Illinois Administrative Procedure Act [5 ILCS 100/Art. 10] and as ordered by the administrative law judge (See 20 Ill. Adm. Code 1200.30).
Upon conclusion of the hearing, the administrative law judge shall issue a recommended decision within 90 days.
The Director shall be provided with a copy of the entire record, including but not limited to the recommendation of the administrative law judge and shall issue a final administrative decision to the Complainant regarding the extension of the registration.

e) Decisions rendered under this process are subject to the Administrative Review Law [50 ILCS 100/10-50].

History

Source: Added at 46 Ill. Reg. 9105, effective May 17, 2022

Part 1284 Methamphetamine Manufacturer Registry Act

20 Ill. Adm. Code 1284.10 Introduction

The purpose of this Part is to provide requirements and procedures for the registration of persons convicted of a violation of Section 15 of the Methamphetamine Control and Community Protection Act [720 ILCS 646/15].

20 Ill. Adm. Code 1284.20 Definitions

"Department" means the Department of State Police.

"Offender" means a person who has been convicted of any violation of Section 15 of the Methamphetamine Control and Community Protection Act.

"Registry" means the Methamphetamine Manufacturer Database established and maintained by the Department of State Police for the purpose of identifying methamphetamine manufacturers and making that information available to law enforcement and the general public.

20 Ill. Adm. Code 1284.30 Procedures

a) The following data shall be reported for inclusion in the registry:

offender's name
offender's date of birth
offenses committed
date of conviction
county of conviction

b) Accuracy of Data Included in the Registry

The Department will ensure the registry accurately reflects the information provided on a timely basis by the circuit clerks and the Department of Corrections. The registry will reflect changes such as the reversal of a conviction. Names of offenders will be removed pursuant to a certified copy of a court order requiring the sealing or expungement of any records.

c) Access to Data Contained in the Registry

The information contained in the registry will be available to law enforcement authorities and the general public. The data can be accessed via the Internet through a hyperlink entitled "Methamphetamine Manufacturer Information" on the Department of State Police homepage.

d) Report of Data for Inclusion in the Registry

On a monthly basis, as part of their normal disposition reporting process, the circuit clerk of each county shall forward a copy of the judgment for all persons convicted in the previous month of an offense of participation in methamphetamine manufacturing as defined in 720 ILCS 646/15.
As part of their normal information-sharing process, the Illinois Department of Corrections shall forward a list of all persons who are incarcerated or on mandatory supervised release for a conviction of participation in methamphetamine manufacturing as defined in 720 ILCS 646/15.

e) Removal of Data from the Registry

The circuit clerk shall notify the Department of State Police of a reversal of a qualifying conviction for persons convicted of the offense of participation in methamphetamine manufacturing as defined in 720 ILCS 646/15. Upon receipt of such notification, and if there are no other qualifying convictions, the Department of State Police will remove the name of the person whose conviction has been reversed from the registry. Removal will occur within 90 days after notification.
Upon receipt of a certified copy of a court order requiring the sealing or expungement of a specific charge that qualified the individual for the registry, and if there are no other qualifying charges, the Department of State Police will remove the name of the person identified in the court order from the registry.

Part 1285 Sample Collection for Genetic Marker Indexing

20 Ill. Adm. Code 1285.10 Purpose

a) The purpose of this Part is to provide procedures and define responsibilities for the collection of body fluid samples from offenders or other individuals eligible per statute for collection and databasing. These samples are required by law to be collected to enable genetic marker grouping analysis and indexing. The results shall be available for future criminal investigations and other forensic analysis purposes. Genetic marker grouping analysis and indexing may include, but is not limited to, those procedures known as DNA profiling, DNA indexing, and other processes used to identify distinctive genetic characteristics.

b) A match between casework evidence DNA samples from a criminal investigation and DNA samples from a state or federal offender DNA database may be used only to sustain probable cause for the issuance of a warrant to obtain a separate DNA sample for confirmation.

c) If it is determined that a sample was not eligible for the database after the sample was matched during a search, the laboratory will proceed as if the sample was in fact eligible. The profile will be removed from CODIS, and the sample will be retained until such time an expungement order is received.

History

Source: Amended at 36 Ill. Reg. 5610, effective March 26, 2012

20 Ill. Adm. Code 1285.20 Definitions

Unless specified otherwise, all terms shall have the meaning set forth in Section 5-4-3 of the Unified Code of Corrections [730 ILCS 5/5-4-3]. For purposes of this Part, the following additional definitions apply:

"Act" means the Unified Code of Corrections [730 ILCS 5].

"CODIS" means the Combined DNA Index System.

"Department" means the Illinois Department of State Police.

"Designated Agency" means the entity designated by this Part to be responsible for the identification of and collection of samples from eligible individuals per statute and includes successor agencies.

"FBI" means the Federal Bureau of Investigation.

"Kit" means the Genetic Marker Indexing Kit provided by the Department.

"NDIS" means the FBI's National DNA Index System.

"Qualifying offender" means any person described in Section 5-4-3 of the Act.

"Registering agency" means the agency responsible for registering a sex offender.

"Sample" means specimens of biological material from a qualifying offender.

History

Source: Amended at 36 Ill. Reg. 5610, effective March 26, 2012

20 Ill. Adm. Code 1285.30 Responsibilities

a) After the occurrence of one of the qualifying events specified in Section 5-4-3(a-3.2) of the Act or at the sentencing of the otherwise qualified offender, the judge shall issue an order requiring the offender to provide specimens that shall be submitted to the Department in accordance with Section 5-4-3 of the Act.

b) The designated agency responsible for sample collection of qualifying offenders is as follows:

If the qualifying offender has not previously had a sample taken and is serving a term of incarceration in a facility under the control of the county sheriff, or is being transferred to another state to serve the sentence, the sheriff's office is the designated agency and is responsible for the collection of the sample prior to the release or transfer of the offender.
If the qualifying offender has not previously had a sample taken and is transferred to a facility under the control of the Department of Corrections to serve a term of incarceration, the Department of Corrections is the designated agency and is responsible for the collection of the sample from the offender before his/her release on parole, or mandatory supervised release or final discharge or, in the event the offender is sentenced to death or natural life, at any time.
If the qualifying offender has not previously had a sample taken and is transferred to a facility under the control of the Department of Juvenile Justice to serve a term of incarceration, the Department of Juvenile Justice is the designated agency and is responsible for the collection of the sample from the offender before his/her release on parole, mandatory supervised release or final discharge or, in the event the offender is sentenced to death or natural life, at any time.
If the qualifying offender has not previously had a sample collected and is transferred to the Department of Corrections to be institutionalized as a sexually dangerous person or institutionalized as a person found guilty but mentally ill of a sexual offense or an attempted sexual offense, the Department of Corrections is the designated agency and is responsible for the collection of the sample any time prior to release of the offender.
If the qualifying offender has not previously had a sample collected and is ordered committed as a sexually violent person, the Department of Human Services is the designated agency and is responsible for the collection of the sample prior to the release of the offender.
If the qualifying offender has not previously had a sample collected and is serving a sentence but not physically incarcerated, the supervising agency (such as a probation office) is the designated agency and is responsible for collection of the sample prior to the termination of the sentence. This includes offenders that transfer to Illinois under the Interstate Compact for Adult Offender Supervision [45 ILCS 170] or the Interstate Agreements on Sexually Dangerous Persons Act [45 ILCS 20].
If the qualifying offender for any reason is not under the control or supervision of any agency listed in subsections (c)(1) through (c)(6), then the probation authority of the sentencing or ordering jurisdiction is the designated agency.
If the qualifying offender has not previously had a sample collected and is required to provide a sample before conviction (e.g., indicted), the county sheriff is the designated agency.
If the qualifying offender has not previously had a sample collected and is required to register as a sex offender and is not under supervision by an Illinois criminal justice agency, the registering agency is the designated agency.

c) The designated agency is responsible for ensuring that the offender is eligible for collection under the statute.

d) The designated agency is responsible for ensuring that the offender has a complete set of fingerprints on file with the Department of State Police, Bureau of Identification.

History

Source: Amended at 36 Ill. Reg. 5610, effective March 26, 2012

20 Ill. Adm. Code 1285.40 Voluntary Samples

Individuals may voluntarily provide samples for the Convicted Offender DNA database if they sign the informed consent section of the sample collection receipt contained in the collection kit, or by signing a separate consent form provided or approved by the Department of State Police. The voluntary sample will be used for criminal investigations by comparing the DNA profile from the individual with other DNA profiles in the database. The DNA Indexing Sample Collection Kit is not to be used to collect samples in missing persons investigations. The local ISP forensic laboratory should be contacted for collection instructions in such investigations.

History

Source: Amended at 36 Ill. Reg. 5610, effective March 26, 2012

20 Ill. Adm. Code 1285.50 Procedures for Collection

a) Genetic Marker Indexing Kits shall be provided as needed by the Department to the designated agencies. The designated agencies shall order Genetic Marker Indexing Kits from a vendor specified by the Department. The kits shall be supplied and shipped at no cost to the designated agency. Each kit shall contain, but not be limited to, a receipt form, an instruction sheet, and containers for sample collections.

b) The collection site shall be any location chosen by the designated agency for sample collection.

c) The offender shall be positively identified and his/her eligibility ensured under the statute before the samples are collected.

d) The samples shall be collected by qualified personnel as described in Section 5-4-3(d) and Section 5-4-3(d-1) of the Act.

e) Samples collected for submission to the Department shall be buccal swabs, unless otherwise approved by the Director of the Department-DNA Indexing Laboratory or designee.

f) The receipt form, including the fingerprint of the qualifying offender, shall be completed by the designated agency at the time of sample collection.

g) The completed kit shall be delivered or sent to the Department address indicated in the kit instructions.

h) In the event a sample is lost or destroyed or otherwise found inadequate for analysis purposes, the designated agency and the offender are obligated to produce a substitution sample.

i) Alternative collection procedures may be requested by a designated agency and may be utilized if the proposed procedures ensure the quality of the sample and the reliability of the identification and are approved in writing by the Department Director or designee.

History

Source: Amended at 31 Ill. Reg. 9249, effective June 12, 2007

20 Ill. Adm. Code 1285.60 Privacy Protection

a) Except as provided in subsection (b) of this Section, the results of the genetic marker grouping analysis shall be disclosed only:

To criminal justice agencies for law enforcement identification purposes;
To a defendant, his/her own genetic marker grouping results, for criminal defense purposes in response to valid subpoenas or other court orders;
To law enforcement agencies for investigation of missing persons; or
As otherwise required by law.

b) In addition, the Illinois State Police may use test results for a population statistics database or for other research or quality control purposes if personally identifying information is removed.

c) Direct electronic access to genetic marker grouping analysis data may be utilized when available for the purposes of disclosure as allowed in subsection (a) of this Section.

History

Source: Amended at 31 Ill. Reg. 9249, effective June 12, 2007

20 Ill. Adm. Code 1285.70 Expungement of Records

a) In the event the disposition or conviction upon which a sample collection was based has been reversed based on actual innocence or that a pardon has been granted based on actual innocence, the genetic marker grouping will be removed from the local, State, and national offender databases after receipt of a final court order requiring expungement. The sample receipt containing personal identifiable information will be destroyed; pointers to computerized sample records will be deleted; the sample will be destroyed in a biologically safe manner; and a letter will be sent to the court verifying the expungement is completed. With respect to electronic and other means of record keeping for which an index or pointer system is necessary to locate a record, deletion of the index entry or pointer is equivalent to deletion of the record.

b) For specimens required to be collected prior to conviction (e.g., indictee), a certified copy of a final court order pursuant to 730 ILCS 5/5-4-3(f-1) is required to expunge the sample. The court order shall specifically address all eligible charges against the donor, and include language that the DNA arrestee sample be expunged.

c) Expungements will not be processed if the qualifying offender is also eligible for the database due to a matter not addressed in the court order. In this situation, the court will be asked for further guidance.

d) Voluntary samples submitted under Section 1285.40 of this Part may only be removed by court order.

e) Samples determined to be ineligible by either the collection agency or laboratory staff, prior to a database match, will be administratively removed upon the receipt of a written request from the collection agency.

f) Expungement requests for samples that are currently involved in a pending database match will be held until all pending matches are addressed.

History

Source: Amended at 36 Ill. Reg. 5610, effective March 26, 2012

20 Ill. Adm. Code 1285.80 Non-Participation

a) Results of genetic marker grouping analysis and access to the State genetic marker database information may be denied to any agency which fails to comply with this Part.

b) Direct access to the State genetic marker database shall only be granted to forensic DNA laboratories in Illinois that are current NDIS participants.

History

Source: Amended at 31 Ill. Reg. 9249, effective June 12, 2007

20 Ill. Adm. Code 1285.90 Maintenance of Genetic Marker Groupings

The Department may maintain its genetic marker grouping data at the National DNA Index System (national database) pursuant to agreement with the Federal Bureau of Investigation.

History

Source: Added at 27 Ill. Reg. 8303, effective April 28, 2003

Part 1286 Testing of Breath, Blood and Urine for Alcohol, Other Drugs, and Intoxicating Compounds

20 Ill. Adm. Code 1286.10 Definitions

"Accredited Law Enforcement Training Academy" means a police training organization that is recognized by the Illinois Law Enforcement Training Standards Board and is accredited by Commission on Accreditation for Law Enforcement Agencies (CALEA), 10302 Eaton Place, Suite 100, Fairfax VA 22030-2215.

"Accuracy Check Record" means the data recorded in a logbook or stored in memory when an accuracy check is performed on an approved evidentiary instrument. Accuracy test records will include at least the type of instrument, instrument serial number, test date, reference sample value, and the readings of the two accuracy check tests. Certification check and standard check are synonyms for accuracy check.

"Agency" means a Municipal, Park District, County, State and Federal law enforcement agency or Circuit Court Probation Department involved in the use of approved evidentiary instruments or PBTs.

"Alcohol" means ethanol (commonly referred to as grain alcohol), ethyl alcohol, alcoholic beverage, alcoholic liquor, isopropanol or methanol.

"Alcohol Concentration" means weight in grams of alcohol in a specified volume of blood, breath, or urine.

"Approved Evidentiary Instrument" means an instrument approved for use by the Department to obtain a BrAC pursuant to a breath test as described under Section 6-106.1a of the Illinois Vehicle Code [625 ILCS 5/6-106.1a], Section 11-501 of the Illinois Vehicle Code [625 ILCS 5/11-501], Section 11-501.1 of the Illinois Vehicle Code [625 ILCS 5/11-501.1], Section 11-501.2 of the Illinois Vehicle Code [625 ILCS 5/11-501.2], Section 11-501.6 of the Illinois Vehicle Code [625 ILCS 5/11-501.6], Section 11-501.8 of the Illinois Vehicle Code [625 ILCS 5/11‑501.8], and Sections that cross-reference Section 11-501.2 of the Illinois Vehicle Code [625 ILCS 5/11-501.2].

"Approved PBT" means an instrument approved for use by the Department either to obtain a BrAC pursuant to a preliminary breath screening test as described under Section 11-501.5 of the Illinois Vehicle Code [625 ILCS 5/11-501.5], Section 5-7.5 of the Snowmobile Registration and Safety Act [625 ILCS 40/5‑16b], Section 5-16b of the Boat Registration and Safety Act [625 ILCS 45/5‑16b], and Sections that cross-reference Section 11-501.5 of the Illinois Vehicle Code [625 ILCS 5/11-501.5] or to obtain a BrAC pursuant to a breath test as described under Section 11-501.6 of the Illinois Vehicle Code [625 ILCS 5/11‑501.6], and Section 11-501.8 of the Illinois Vehicle Code [625 ILCS 5/11‑501.8].

"Blood Alcohol Concentration" or "BAC" means grams of alcohol per 100 milliliters of whole blood (Section 11-501.2(a)(5) of the Illinois Vehicle Code [625 ILCS 5/11-501.2(a)(5)]).

"Breath Alcohol Concentration" or "BrAC" means grams of alcohol per 210 liters of breath (Section 11-501.2(a)5 of the Illinois Vehicle Code [625 ILCS 5/11‑501.2(a)5]).

"Breakdown" means a malfunction that affects the analytical performance of the instrument or its ability to quantitate a BrAC.

"Breath Analysis Instructor" or "BAI" means an individual who is accredited by the Department to instruct breath analysis instrument operations and to train and administer licensing examinations to BAOs.

"Breath Analysis Operator" or "BAO" means an individual licensed by the Department to operate approved evidentiary instruments and to create subject test records. BAOs can print local reports from an evidential instrument, including accuracy checks, and perform basic maintenance on the instrument, such as replacing the instrument's paper or keyboard.

"Breath Analysis Reading" means the numeric value of the first two digits to the right of the decimal point of a BrAC analysis as displayed, printed, or recorded by an instrument.

"Breath Analysis Technician" or "BAT" means an individual who is authorized by the Department to conduct re-certification classes for BAOs and to administer that examination, to install, examine, certify, repair, maintain, check the accuracy of approved evidentiary instruments, and create accuracy check records and service records.

"Central Repository" means the collection and maintenance by the Department of business records, maintained by an agency in the normal course of business, of subject test records, quick tests, accuracy check records, calibrations, and service records.

"Certified Paramedic" means an individual licensed by the Illinois Department of Public Health as an Emergency Medical Technician (Intermediate) or Emergency Medical Technician (Paramedic) acting under the direction of a licensed physician as a phlebotomist.

"Department" means the Illinois Department of State Police.

"Director" means the Director of State Police.

"Foreign Substance" means any substance not in the subject's body when a 20‑minute observation period is commenced, excluding a substance introduced due to normal breathing.

"Ingested" means eaten, chewed, swallowed or consumed by mouth in any other manner; inhaled, sniffed, snorted, sprayed, or introduced into the breathing passages in any other manner; injected or introduced into the body in any manner.

"Instrument" means any item or combination of items of equipment used to quantitate a breath analysis reading.

"Internal Memory" means the digital storage medium that is part of an approved evidentiary instrument that registers subject test records, accuracy check records, quick tests, and calibrations.

"License" means a permit issued as evidence by the Department to an individual as proof of his or her authority and competence as a BAO, BAT, BAI, or PBT-E.

"Logbook" means a business record, maintained by the agency in the normal course of business, of subject test records and accuracy check records. The logbook does not contain automatic accuracy checks or accuracy checks performed remotely.

"Malfunction" means failure of an instrument to function properly.

"NHTSA's List" means the Conforming Products List of Evidential Breath Measuring Instruments produced by the National Highway Traffic Safety Administration, United States Department of Transportation.

"Passive Sensor" means a unit that monitors ambient air for the presence of alcohol for an investigative purpose.

"Phlebotomist" means a person trained to collect blood from another individual through venipuncture.

"Preliminary Breath Test Device" or "PBT" means a portable device used to quantitate a breath analysis reading.

"Preliminary Breath Test Examiner" or "PBT-E" means a BAO who is authorized by the Department to perform accuracy checks on preliminary breath test devices.

"Reference Sample" means either a solution for use in a breath simulator, commonly referred to as a wet bath simulator, or a dry gas mixture, commonly referred to as a dry gas evidential standard (DGES), for the purpose of instrument certification, accuracy checks, and/or calibration.

"Service Record" means information concerning an instrument breakdown. Service records will include at least the type of instrument, instrument serial number, date of service, service issue reported, service issue found, probable cause of service issue, corrective action taken, and BAT. Service records do not include information such as a bill for repairs of an approved evidentiary instrument or documentation included with an instrument returned from the manufacturer.

"Subject Test Record" means the data recorded by a BAO in the logbook or printed out or stored by the instrument in memory when a subject is tested with an approved evidentiary instrument. Subject test records will include at least the type of instrument, instrument serial number, name of individual tested, test date, breath analysis reading, and BAO. Subject Test Records do not include information other than that which can be recorded in instrument memory or the central repository.

"Urine Alcohol Concentration" or "UAC" means the number of grams of alcohol per 67 milliliters of urine (Section 6-500(2)(C) of the Illinois Vehicle Code [625 ILCS 5/6-500(2)(C)]).

"Whole Blood Equivalent" means the conversion of a blood serum or blood plasma alcohol concentration to an approximate BAC.

History

Source: Amended at 39 Ill. Reg. 11670, effective July 29, 2015

20 Ill. Adm. Code 1286.20 Grievances

Aggrieved persons who wish to contest the Department's actions with respect to their BAO license, BAT authorization, PBT-E authorization, BAI accreditation, or laboratory certification shall follow general hearing procedures outlined in 20 Ill. Adm. Code 1200.

History

Source: Amended at 28 Ill. Reg. 10017, effective June 30, 2004

20 Ill. Adm. Code 1286.30 Additional Testing

Should a subject choose to undergo additional chemical analysis, the person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of his/her own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer (Section 11-501.2(a)3 of the Illinois Vehicle Code).

a) The additional tests must be conducted in a manner as close as practicable to the procedures in this Part.

b) Persons wishing to have additional tests administered shall make their own arrangements for such tests.

c) Any additional testing conducted pursuant to this Section shall be at the subject's expense and subsequent to the posting of bond.

20 Ill. Adm. Code 1286.40 Conversion of a Blood Serum or Blood Plasma Alcohol Concentration to a Whole Blood Equivalent

The blood serum or blood plasma alcohol concentration result will be divided by 1.18 to obtain a whole blood equivalent.

20 Ill. Adm. Code 1286.50 Passive Sensors

Passive sensors are not regulated by the Department.

20 Ill. Adm. Code 1286.60 Department Notification

a) Notification by an Agency

Agencies shall notify the Department if an approved evidentiary instrument needs service.
Agencies shall notify the Department if the agency receives an approved evidentiary instrument or PBT from an entity other than the manufacturer.
If an agency returns the evidentiary instrument to the manufacturer for repairs, the service report shall be submitted to the Department.
Agencies shall designate a Breath Analysis Operator to monitor the evidential instrument in their department each month on a day of their choice between the 1st and 10th of the month. This monitoring shall include the review of any error messages displayed and ensuring sufficient mouthpieces and paper are available.

b) BAOs shall notify the Department:

If the BAO leaves the employment of the agency that employed the BAO.
If the BAO changes his or her name.

c) Certified laboratories (see Section 1286.170) shall notify the Department of any change in accreditation status, as well as when a laboratory technician leaves the employment of the laboratory or when a new laboratory technician is hired to quantitate alcohol and/or other drugs in human biological fluids.

d) Any manufacturer who sells an approved evidentiary instrument or a PBT to an agency in Illinois shall notify the Department of all such sales, listing the name of the agency, the date, the make, and serial number of the instrument.

History

Source: Amended at 39 Ill. Reg. 11670, effective July 29, 2015

20 Ill. Adm. Code 1286.70 Maintenance of Records for Approved Evidentiary Instruments

Subject test records, accuracy check records, and service records will be maintained for and/or by each approved evidentiary instrument.

a) Subject test records and accuracy check records may be maintained in a logbook and/or the instrument's memory.

b) Logbook entries will be made in the logbook as contemporaneous as reasonably practicable to the time the procedure was performed.

c) Service records will be maintained by the Alcohol and Substance Testing Section or may be maintained in the instrument's memory. Malfunctions that are not breakdowns (non-analytical failures such as battery expiration, incorrect time/date, printer problems, keyboard replacement, breath hose replacement, etc.) will not be documented.

d) Only instruments equipped with sufficient internal memory to store 100 subject test records and that can download stored information to the central repository may keep the test records in the memory of the instrument.

e) All records removed from the internal memory of an instrument shall be erased and downloaded if possible and practicable, to the central repository.

f) The central repository will maintain instrument records for not less than five years from the date downloaded.

History

Source: Amended at 31 Ill. Reg. 7305, effective May 1, 2007

20 Ill. Adm. Code 1286.75 Subpoena Procedure for Evidentiary Instruments

a) Subpoena requests for accuracy checks, subject tests, quick tests, calibrations, and maintenance/repair records will be responded to as quickly as possible. If the response cannot be provided within the timeframe requested, the requesting party shall be notified by telephone. If further information is needed to determine the material requested, the requesting party shall be contacted by telephone to obtain this information and the subpoena response completed.

b) The timeframe for the information provided in response to a subpoena request for accuracy checks, subject tests, quick tests, calibrations, and maintenance/repair records shall be from 62 days prior to the subject's arrest date through 62 days following the arrest date.

c) Responses to subpoenas that request accuracy checks, subject tests, quick tests, calibrations and maintenance/repair records may be in the form of an Intoxnet report. The terms "test success" and "certified accurate" are synonymous.

History

Source: Amended at 43 Ill. Reg. 4640, effective April 5, 2019

20 Ill. Adm. Code 1286.80 Installation of Approved Stationary Evidentiary Instruments, Ethernet Connectivity, and Logbook and Portable Evidentiary Instrument Availability

a) Beginning January 1, 2012, any law enforcement agency that purchases an approved stationary evidentiary instrument shall be required to connect the instrument to the Illinois State Police network, using the LEADS network and/or through a Virtual Private Network (VPN). The installation of a Tibbo DS-203 or similar device in a manner acceptable to the Department, prior to the instrument being placed into service by a BAT, will also be required. Any and all costs associated with a LAN (Ethernet) connection to State network will be the responsibility of that law enforcement agency. Any law enforcement agency that utilizes an approved stationary evidentiary instrument on January 1, 2012 shall be required to provide Ethernet connectivity via a DS-203 or similar device in a manner acceptable to the Department by January 1, 2013, or the instrument may be placed out of service by a BAT immediately following that date. All agencies must repair any problems with a LAN (Ethernet) connection that impact connectivity to the State network.

b) All agencies shall have their approved evidentiary instruments available for examination by a BAT.

c) All agencies shall have the logbooks for their approved evidentiary instruments available for examination by a BAT.

d) Agencies with portable evidentiary instruments may be required to transport the instrument to a specific location for its accuracy check.

History

Source: Amended at 35 Ill. Reg. 18897, effective October 31, 2011

20 Ill. Adm. Code 1286.90 Reporting Laboratory Results

a) Laboratories shall return the original analysis report of the blood or urine sample to the submitting agency only.

b) Laboratories shall retain a duplicate copy of the analysis report in the testing laboratory for two years.

History

Source: Amended at 28 Ill. Reg. 10017, effective June 30, 2004

20 Ill. Adm. Code 1286.100 Licensing Baos

The Director or the Director's designee is authorized to license persons to be BAOs subject to the requirements of this Section. BAOs are permitted to perform all appropriate BAO functions described in this Part. Only after the completion of both the written/digital examination and proficiency test may a BAOs operate evidential breath testing instruments.

a) To be eligible to be a BAO, the individual must be employed by an agency or an accredited law enforcement training academy. BAO candidates, including those who have previously been licensed as a BAO in another state, must successfully attend the course and pass the written and proficiency examination or successfully complete a computer-based training (CBT) course.

b) Under the direction and control of a BAI, BAO candidates must:

Complete a training curriculum approved by the Department that includes a minimum of 8 hours of instruction, which includes the following:

A) Presentation and discussion of the psychological, physiological, and pharmacological effects of alcohol in the human body;

B) Demonstration and discussion of instruments and the analytical processes used to measure BrAC;

C) Practical application and demonstration in the use of an approved evidentiary instrument; and

D) Discussion of current DUI issues, the administrative rules, and case law.

Pass the following:

A) The standardized written examination for Breath Analysis Operator provided by the Department with a minimum score of 70 percent; and

B) A proficiency examination in which the candidate operates approved evidentiary instruments.

c) The Department shall issue a certificate/license to a BAO candidate upon successful completion of both the examinations described in subsection (b)(2). A certificate/license shall be valid for a period of three years after the printed date of issuance. If the certificate/license is not renewed as provided for in Section 1286.110, it shall expire three years after the printed date of issuance.

d) Breath Alcohol Operator classes will be held in locations approved by the Department based upon appropriate lighting, space, heating, and air conditioning conditions. A minimum of 12 students must be in attendance to start and conduct the class.

e) When the Department approves a new evidentiary instrument (see Section 1286.210) after the BAO's initial licensure, the Department will provide training on the new instrument.

History

Source: Amended at 46 Ill. Reg. 14363, effective July 28, 2022

20 Ill. Adm. Code 1286.110 Renewal of Bao License

The Director or his/her designee is authorized to renew BAO licenses subject to the requirements of this Section. An individual with a renewed BAO license is a BAO. A renewed BAO license shall be subject to the same terms and conditions as an original BAO license.

a) BAO license renewal candidates must either successfully attend the renewal course and pass the written renewal examination or successfully complete the computer-based training course.

Under the direction and control of a BAT, BAO renewal candidates attending the renewal course must:

A) Complete a training curriculum approved by the Department that includes the following:

i) Review of theory and practice with an approved evidentiary instrument;

ii) Review of administrative rules as contained in this Part; and

iii) Review of current and related problems in the field.

B) Pass the standardized written examination for Breath Analysis Operator provided by the Department with a minimum score of 70 percent.

The computer-based BAO license renewal course will:

A) Review subject matter similar to the BAO classroom instruction; and

B) Provide an objective examination that the BAO license renewal candidate must pass with a minimum score of 70 percent.

b) A BAO license that has either been revoked or been expired for more than one year cannot be renewed. To become licensed again, the individual must complete the initial licensure course. Appeals from this decision may be pursued in accordance with Section 1286.20.

c) The Department will designate sites and dates for renewal courses.

d) Renewal courses will be held in locations approved by the Department based upon appropriate lighting, space, heating, and air conditioning conditions.

e) When the Department approves a new evidentiary instrument (see Section 1286.210) after the BAO's licensure renewal, the Department will provide training on the new instrument.

History

Source: Amended at 39 Ill. Reg. 11670, effective July 29, 2015

20 Ill. Adm. Code 1286.120 Revocation and Denial of Bao License

The Director or his/her designee may revoke a BAO license or deny BAO licensing. Grounds for BAO license revocation and denial can be, but are not limited to:

a) Misuse of an instrument by the BAO in such a way that he or she violated State law or this Part.

b) Unauthorized testing of the analytical system of an instrument.

c) Unauthorized attempts to access instrument memory.

d) Failure to comply with Section 1286.100.

e) Failure to notify the Department the BAO has changed his or her name from what it was when the license was issued.

f) Failure to notify the Department the BAO is no longer employed by the agency that employed the BAO.

g) Failure to comply with Department direction with regard to correcting the BAO license information subsequent to a change in employment or name.

h) Relocating approved evidentiary instruments without Department approval.

i) Anything deemed by the Director or his/her designee not in the best interest of the program.

20 Ill. Adm. Code 1286.130 Authorization of Bats

The Director or his/her designee is authorized to license persons employed by the Department to be BATs subject to the requirements of this Section. BATs are authorized to perform all appropriate BAT functions described in this Part.

a) BATs must be BAOs and meet all BAO licensing requirements.

b) The candidate must display knowledge and understanding through specialized training in all of the following areas:

Psychological, physiological, and pharmacological effects of alcohol in the human body;
Proficiency on all approved evidentiary instruments and the analytical processes used to measure BrAC;
Maintenance, calibration, and repair procedures on all approved evidentiary instruments; and
Knowledge of current DUI issues, the administrative rules, and case law.

c) Under the direction and control of the Director or his/her designee, BAT candidates must pass a proficiency examination for each approved evidentiary instrument.

d) A BAT's authorization period coincides with his or her BAO license term. The Director or his/her designee will evaluate the appropriateness of renewing the BAT authorization when the BAO license is renewed. Other than keeping their BAO license current, BATs are not required to retake the examination in subsection (c) of this Section to retain their authorization as a BAT.

e) The Department will maintain a list of authorized BATs.

History

Source: Amended at 28 Ill. Reg. 10017, effective June 30, 2004

20 Ill. Adm. Code 1286.140 Revocation and Denial of Bat Authorization

The Director or his/her designee may revoke or deny authorization to a BAT. Grounds for revocation or denial of BAT authorization can be, but are not limited to:

a) Any grounds for revocation set forth in Section 1286.120.

b) Failure to comply with Section 1286.130.

c) Anything deemed by the Director or designee not in the best interest of the program.

20 Ill. Adm. Code 1286.150 Accrediting Bais

The Director or his/her designee is authorized to accredit persons to be BAIs subject to the requirements of this Section. BAIs are accredited to perform all appropriate BAI functions described in this Part.

a) The BAIs must be BAOs and meet all BAO licensing requirements.

b) The candidate must display knowledge and understanding through specialized training in all of the following areas:

Psychological, physiological, and pharmacological effects of alcohol in the human body;
Proficiency on all approved evidentiary instruments and the analytical processes used to measure BrAC;
Maintenance, calibration, and repair procedures on all approved evidentiary instruments; and
Knowledge of current DUI issues, the administrative rules, and case law.

c) Under the direction and control of the Director or his/her designee, BAI candidates must pass the following:

The written breath analysis operator's examination with a minimum score of 100 percent;
The written breath analysis instructor's examination with a minimum score of 90 percent; and
A proficiency examination for each approved evidentiary instrument.

d) The Director or his/her designee will evaluate the appropriateness of maintaining an individual's BAI accreditation. Other than keeping their BAO license current, BAIs are not required to retake the examinations in subsection (c) to retain their accreditation.

e) The Department will maintain a list of accredited BAIs.

History

Source: Amended at 28 Ill. Reg. 10017, effective June 30, 2004

20 Ill. Adm. Code 1286.160 Revocation and Denial of Bai Accreditation

The Director or his/her designee may revoke or deny accreditation to a BAI. Grounds for revocation or denial of BAI accrediting can be, but are not limited to:

a) Any grounds for revocation set forth in Section 1286.120.

b) Failure to comply with Section 1286.150.

c) Anything deemed by the Director or designee not in the best interest of the program.

20 Ill. Adm. Code 1286.170 Certification of Laboratories and Laboratory Technicians

The Director or his/her designee is authorized to certify laboratories and laboratory technicians subject to the requirements of this Section.

a) Only laboratories that employ technicians who work under the supervision of a pathologist, toxicologist, or other person who has at least five years experience in the specialty of analytical chemistry may be deemed qualified to detect and/or quantitate alcohol and/or other drugs in human biological fluids will be certified by the Department. The Laboratory Director shall be responsible for the accuracy of all laboratory testing performed in the laboratory. The following conditions must be met by laboratories:

Prior to initial laboratory certification, and at least biannually thereafter, the Department shall request the demonstration of proficiency in the performance of the tests by the laboratory through the satisfactory examination of specimens by participation in a program of proficiency testing conducted by an agency or agencies approved by the Department.

A) The Laboratory Director will advise the Department of the proficiency testing program in which it is participating.

B) The laboratory will direct the proficiency testing agency to forward a copy of the laboratory's testing results and evaluations to the Department after each testing cycle.

A candidate for certification under this Part shall furnish evidence of competent supervision by a person who meets the qualifications set forth in this Section.

b) Upon evidence that a laboratory has complied with this Section, a letter of certification listing those technicians certified to perform appropriate tests shall be issued, and such certification shall be valid for three calendar years. It may be renewed upon submission by the holder of the certification of evidence that the laboratory continues to perform analyses for alcohol concentration and/or other drug content on human biological fluids under the supervision of a person meeting the qualifications set forth in this Section and upon the Department's determination that the laboratory is complying with subsection (a)(1) of this Section.

History

Source: Amended at 33 Ill. Reg. 8529, effective June 4, 2009

20 Ill. Adm. Code 1286.180 Revocation and Denial of Laboratory Certification

The Director or his/her designee may revoke or deny certification of a laboratory or a laboratory technician. Grounds for revocation or denial of certification can be, but are not limited to:

a) Change in laboratory accreditation status.

b) Failure to comply with Section 1286.170.

c) Anything deemed by the Director or his/her designee not in the best interest of the program.

History

Source: Amended at 33 Ill. Reg. 8529, effective June 4, 2009

20 Ill. Adm. Code 1286.200 Equipment Approval and Accuracy

The procedures contained in this Subpart are the only procedures for establishing the accuracy of breath testing instruments. A rebuttable presumption exists that an instrument was accurate at the particular time a subject test was performed when the following four conditions are met.

a) The instrument was approved under this Subpart at the time of the subject test.

b) The performance of the instrument was within the accuracy tolerance described in this Subpart according to the last accuracy check prior to the subject test.

c) No accuracy check has been performed subsequent to the subject test or the next accuracy check after the subject test was within the accuracy tolerance described in this Subpart.

d) Accuracy checks have been done in a timely manner, meaning not more than 62 days have passed since the last accuracy check prior to the subject test.

History

Source: Amended at 33 Ill. Reg. 8529, effective June 4, 2009

20 Ill. Adm. Code 1286.210 Evidentiary Instrument Approval

Approved evidentiary instruments shall print and display a breath analysis reading. Approved evidentiary instruments can print and display two or three digits to the right of the decimal point. Whether the approved evidentiary instrument prints and displays two or three digits to the right of the decimal point, the breath analysis reading consists of the first two digits to the right of the decimal point.

a) The Department shall only approve evidentiary instruments enumerated in NHTSA's list. The Department approves the following instruments for obtaining breath analysis readings:

RBT IV, in conjunction with a printer, manufactured by Intoximeters, Inc., may be used until August 1, 2022, at which time the Intoximeters RBT IV will no longer be approved for use in Illinois.
Intoximeters EC/IR II, manufactured by Intoximeters, Inc.
Intoximeters EC/IR II, with serial numbers 10001 and above, manufactured by Intoximeters, Inc.
Alco-Sensor VXL, in conjunction with a printer, manufactured by Intoximeters, Inc.

b) Should an instrument in subsection (a) be removed from NHTSA's list, the instrument will remain an approved evidentiary instrument under this Part for a period of 18 months subsequent to removal or until it is removed from this Part.

c) The Department may temporarily approve additional evidential instrumentation from NHTSA's list after conducting a program suitability evaluation. The Department shall maintain a list of evidentiary instruments temporarily approved for breath testing in addition to those provided in subsection (a). Evidentiary instruments may be temporarily approved for a maximum period of 18 months. The list of temporarily approved evidentiary instruments, if any, shall be available to the public upon request to the Alcohol and Substance Testing Section.

History

Source: Amended at 46 Ill. Reg. 14363, effective July 28, 2022

20 Ill. Adm. Code 1286.220 Checking Approved Evidentiary Instruments for Accuracy

The accuracy of all approved evidentiary instruments used to obtain a breath analysis reading from a subject shall be checked by a BAT.

a) Accuracy checks are required:

Prior to being placed in operation;
After a breakdown has been repaired; and/or
When an approved evidentiary instrument fails to quantitate the two required accuracy check tests within 10 percent of the reference sample's value, as adjusted for environmental factors.

b) Approved evidentiary instruments must quantitate the reference sample within 10 percent of the reference sample's value, as adjusted for environmental factors, to be certified accurate.

c) Approved evidentiary instruments shall be adjusted by a BAT when necessary to cause the instruments to quantitate the reference sample within 10 percent of the reference sample's value, as adjusted for environmental factors.

d) The accuracy check results shall be recorded in the instrument's logbook or internal memory, or in the central repository. The automatic accuracy checks or accuracy checks performed remotely will not be entered in the instrument logbook. If the accuracy check was performed by a BAT at the instrument location, the accuracy check results shall be recorded in the instrument's logbook.

History

Source: Amended at 35 Ill. Reg. 18897, effective October 31, 2011

20 Ill. Adm. Code 1286.230 Checking Approved Evidentiary Instruments for Continued Accuracy

To ensure the continued accuracy of approved evidentiary instruments, a BAT or automated system shall perform accuracy checks.

a) Checks shall be performed at least once every 62 days.

b) Checks shall consist of at least two tests of the instrument in which the instrument quantitates a reference sample.

c) Approved evidentiary instruments must quantitate a reference sample within 10 percent of the reference sample's value, as adjusted for environmental factors.

d) The accuracy check results shall be recorded in the instrument's logbook or internal memory, or in the central repository. The automatic accuracy checks or accuracy checks performed remotely will not be entered in the logbook. If the accuracy check was performed by a BAT at the instrument location, the accuracy check results shall be recorded in the instrument's logbook.

e) The Director or his/her designee, at his/her discretion, may remove any approved evidential instrument located in any department, agency, or sheriff's office from active service due to lack of use.

History

Source: Amended at 43 Ill. Reg. 4640, effective April 5, 2019

20 Ill. Adm. Code 1286.240 Pbt Approval

PBTs shall display a breath analysis reading. PBTs can display two or three digits to the right of the decimal point. Whether the PBT displays two or three digits to the right of the decimal point, the breath analysis reading consists of the first two digits to the right of the decimal point.

a) The Department shall only approve PBTs enumerated in NHTSA's list. The Department approves the following PBTs for obtaining breath analysis readings:

S-D2, manufactured by CMI, Inc., until August 1, 2022, at which time the S-D2 will no longer be approved for use in Illinois.
Alcosensor III, manufactured by Intoximeters, Inc., until August 1, 2022, at which time the Alcosensor III will no longer be approved for use in Illinois.
Alcosensor III (Enhanced with serial numbers above 1,200,000), manufactured by Intoximeters, Inc., until August 1, 2022, at which time the Alcosensor III (Enhanced with serial numbers above 1,200,000) will no longer be approved for use in Illinois.
Alcosensor IV, manufactured by Intoximeters, Inc., until August 1, 2022, at which time the Alcosensor IV will no longer be approved for use in Illinois.
Alcosensor FST, manufactured by Intoximeters, Inc.
Alco-Sensor VXL, manufactured by Intoximeters, Inc.
Intoxilyzer 500, manufactured by CMI, Inc.

b) The Department may temporarily approve additional PBTs from NHTSA's list after conducting a program suitability evaluation. The Department shall maintain a list of PBTs temporarily approved for screening instrument testing in addition to those provided in subsection (a). PBTs may be temporarily approved for a maximum period of 18 months. The list of temporarily approved PBTs, if any, shall be available to the public upon request to the Alcohol and Substance Testing Section.

History

Source: Amended at 46 Ill. Reg. 14363, effective July 28, 2022

20 Ill. Adm. Code 1286.250 Checking Approved Pbts for Accuracy

PBTs shall be checked for accuracy by a BAT or an individual specially trained to perform PBT accuracy checks at least once every 93 days. To be accurate, the PBT must quantitate a reference sample within 10 percent of the reference sample's value, as adjusted for environmental factors.

History

Source: Amended at 35 Ill. Reg. 18897, effective October 31, 2011

20 Ill. Adm. Code 1286.260 Operation of Pbts

The following procedures shall be used to obtain a breath sample to determine a subject's BrAC with an approved PBT:

a) Each test shall be performed according to an operational procedure programmed into the instrument.

b) A test shall consist of only one breath analysis reading, based on the PBT's internal operational calculations.

A complete and valid breath analysis reading is denoted by at least one air blank, one subject breath test reading, and no breakdown message.
Messages such as "No Go", "Void", etc., are not breakdowns or malfunctions. These messages indicate the subject's failure to adequately complete the test.

c) A subject who submits an insufficient sample or otherwise fails to adequately complete the test or tests may be asked to submit to an additional test or tests.

History

Source: Amended at 31 Ill. Reg. 7305, effective May 1, 2007

20 Ill. Adm. Code 1286.300 General Sampling Protocol

The arresting officer has discretion to determine whether a subject will be required to submit a breath, blood, and/or urine sample for testing.

a) If the subject has been in a vehicle crash and must be treated or is currently being treated by a physician licensed to practice medicine for injuries sustained in the crash, the arresting officer will consult with the treating physician to determine when best to test the subject without unreasonably jeopardizing the subject's treatment.

b) The arresting officer or BAO shall deem a subject who fails to submit to a requested test or additional testing to have refused testing. If a subject refuses a breath test, no 20-minute observation period is required, but rather the refusal of the test may be noted and the refusal ticket printed immediately.

c) When a subject has submitted an insufficient sample or otherwise failed to adequately complete a requested test or tests, the arresting officer or BAO has discretion to determine if the subject:

has refused testing; or
will be required to undergo additional testing.

d) The procedures contained in this Subpart are the only procedures required to obtain a valid breath, blood, other bodily substance and/or urine sample. There are no additional sampling procedures.

History

Source: Amended at 43 Ill. Reg. 4640, effective April 5, 2019

20 Ill. Adm. Code 1286.310 Approved Evidentiary Instrument Operation

The following procedures shall be used to obtain a breath sample to determine a subject's BrAC with an approved evidentiary instrument:

a) Prior to obtaining a breath analysis reading from a subject, the BAO or another agency employee shall continuously observe the subject for at least 20 minutes.

During the 20 minute observation period the subject shall be deprived of alcohol and foreign substances and shall not have vomited.
If the subject vomits during the observation (deprivation) period, the process shall be started over by having the individual rinse the oral cavity with water.
If the individual continues to vomit, alternate testing shall be considered.

b) After starting the instrument's breath test sequence, the BAO will obey instrument prompts. When prompted by the instrument, the BAO shall direct the subject to blow into the instrument. The subject shall be directed to keep blowing into the instrument until he or she has submitted an adequate breath sample. Once an adequate breath sample is collected, the instrument shall complete the test cycle and print and display the breath analysis reading.

c) A breath test shall consist of only one breath analysis reading, based on the instrument's internal operational calculations.

A complete and valid breath analysis reading is denoted by at least one air blank, one subject breath test reading, and no breakdown message.
Messages such as "refusal", "insufficient sample", "inadequate sample", etc., are not breakdowns or malfunctions. These messages indicate the subject's failure to adequately complete a requested test or tests.

History

Source: Amended at 28 Ill. Reg. 10017, effective June 30, 2004

20 Ill. Adm. Code 1286.320 Blood Collection for Determining the Presence of Alcohol, Other Drugs or Intoxicating Compounds

The following procedures shall be used to obtain a blood sample from a subject to determine the alcohol concentration, or presence of other drugs or intoxicating compounds:

a) The blood sample shall be collected in the presence of the arresting officer, another law enforcement officer, or an agency employee who can authenticate the sample.

b) For samples collected in Illinois, the blood sample shall be collected by a licensed physician, physician assistant, licensed advanced practice nurse, registered nurse, trained phlebotomist, or certified paramedic. When a blood test of a person who has been taken to an adjoining state for medical treatment is requested by an Illinois law enforcement officer, the blood may be withdrawn only by a physician authorized to practice medicine in the adjoining state, physician assistant, licensed advanced practice nurse, registered nurse, trained phlebotomist acting under the direction of the physician, or certified paramedic. (Section 11-501.2(a) of the Illinois Vehicle Code)

c) The blood sample should be drawn using proper medical technique.

d) Officers shall use DUI kits provided by the Department, if possible. If kits are not available, officers may submit two standard grey top vacuum tubes. (Pursuant to generally accepted industry standards, grey top vacuum tubes contain an anticoagulant and preservative.)

e) The individual tubes shall be labeled with the name of the subject and the date of the withdrawal and treated as biohazard evidence.

f) The blood samples shall be delivered as soon as practicable to a laboratory certified by the Department (see Section 1286.170).

g) The testing laboratory shall maintain any remaining sample for a period of six months after testing unless otherwise directed by the submitting agency or the appropriate prosecuting authority.

History

Source: Amended at 39 Ill. Reg. 11670, effective July 29, 2015

20 Ill. Adm. Code 1286.330 Urine Collection for Determining the Presence of Alcohol, Other Drugs or Intoxicating Compounds

UAC testing is not a preferred method of determining the amount of alcohol in a subject and the feasibility of other testing procedures should be explored before deciding UAC testing for alcohol concentration. Urine is the preferred method for drug confirmation. The following procedures shall be used to obtain a urine sample from a subject to determine the presence of alcohol, other drugs or intoxicating compounds:

a) A sample of urine shall be collected in a manner to preserve the dignity of the individual and to ensure the integrity of the sample.

b) A urine sample may be collected by the arresting officer, another law enforcement officer, an agency employee, or a hospital nurse who can authenticate the sample. The officer, agency employee, or nurse shall be of the same sex as the subject undergoing testing.

c) A urine sample of approximately 60 ml should be collected.

d) Urine sample shall be collected in clean, dry containers.

e) No preservatives shall be used. The containers shall be closed.

f) The containers shall be labeled with the name of the subject and the date of the collection.

g) The urine samples shall be delivered as soon as practicable to a laboratory certified by the Department.

h) The testing laboratory shall maintain any remaining sample for a period of six months after testing unless otherwise directed by the submitting agency or the appropriate prosecuting authority.

History

Source: Amended at 31 Ill. Reg. 7305, effective May 1, 2007

20 Ill. Adm. Code 1286.340 Urine Collection for Determining the Concentration of Urine Alcohol (repealed)

History

Source: Repealed at 28 Ill. Reg. 10017, effective June 30, 2004

20 Ill. Adm. Code 1286.350 Operation of Pbts (repealed)

History

Source: Repealed at 28 Ill. Reg. 10017, effective June 30, 2004

Part 1287 Disclosure of Forensic Laboratory Toxicological Testing Results

20 Ill. Adm. Code 1287.10 Purpose

The purpose of this Part is to allow for the production of uniformly sufficient information to allow a proper, well-informed determination of the admissibility of toxicology evidence and to ensure that the evidence is presented competently and intelligibly. This Part is designed to provide a minimum standard for compliance concerning toxicology evidence and is not intended to limit the production and discovery of material information.

20 Ill. Adm. Code 1287.20 Definitions

"Accreditation Certificates" means documentation by an authoritative body that gives formal recognition that a body is competent to carry out specific tasks.

"Individual Testing Certifications" means documentation by an authoritative body that gives formal recognition that a person is competent to carry out specific tasks.

"Instrumental Maintenance Logs" means a record documenting events in relation to the upkeep, preventative maintenance, and operating condition of an instrument.

"Instrumental Sequence Logs" means a record documenting a particular order or sequence in which samples are analyzed on an instrument.

"Measurement Uncertainty" or "MU" means an estimate of the range values with which a measurand (the quantitative expression of that which is being determined) is likely to be found.

"Proficiency Testing" means tests (administered internally by a third party) taken by the forensic scientist/examiner/technician that demonstrate competency in an area of analysis.

"Quality Issue Documentation" means documentation of potential nonconforming work or a departure from the policies and/or procedures in the quality system of technical operations.

"Standard Operating Procedures" means established or prescribed methods to be followed routinely for the performance of designated analytical operations or in designated situations.

"Testing Laboratory" means the laboratory that is conducting the toxicological analysis.

"Toxicology Confirmatory Testing" means the testing performed to confirm the identity of the substance or compound.

"Toxicology Evidence" means forensic laboratory testing of blood, urine or other bodily substance.

20 Ill. Adm. Code 1287.30 Obligation to Produce

The purpose of this Section is to establish a minimum standard for supplying toxicological evidence and is not intended to limit the production or discovery of material information. For subpoenas seeking the disclosure of records in addition to case file information, the testing laboratory will provide the following listed items for all prosecutions, post-trial and post-conviction proceedings. The proponent offering the toxicology evidence shall provide or otherwise make available to the adverse party all relevant materials, which includes:

a) Copies of the records contained in the case file, including all reports, notes, phone logs, data and quality issue documentation relating to the testing performed in the case;

b) Copies of standards and controls utilized in the case that reflect compliance with quality control guidelines or standards employed during the testing process;

c) Copies of the toxicology standard operating procedures utilized in the particular case analysis;

d) Proficiency testing results from the last test prior to the date of the case report and two years prior to that date;

e) Current curriculum vitae for forensic scientists or others involved in the testing and analysis of toxicology evidence in the case;

f) Reports explaining any discrepancies in the testing, observed defects or laboratory errors in the particular case, as well as the reasons for and the effects of those defects/errors;

g) Copies of chain of custody documentation for each item of evidence subjected to toxicology testing in the particular case;

h) Copies of accreditation certificates and individual testing certifications, relating to the laboratory and/or individuals performing the specific tests in the particular case, that were in effect at the time of testing;

i) Copies of instrumental sequence logs for each item of evidence subjected to toxicology confirmatory testing in the particular case;

j) Copies of instrumental maintenance logs for one year ending the date each item of evidence was subjected to toxicology testing in the particular case;

k) If ethanol testing was conducted and measurement uncertainty calculated, data utilized for MU will be provided; and

l) Validation studies, when available.

Part 1290 Missing Person Birth Records and School Registration

20 Ill. Adm. Code 1290.10 Purpose

The purpose of this Part is to facilitate the locating and return of missing persons by establishing procedures relating to birth records and school registration.

20 Ill. Adm. Code 1290.20 Definitions

a) Unless specified otherwise, all terms shall have the meaning set forth in Section 1 of "AN ACT to require the registration of habitual child sex offenders and in relation to the confidentiality of information concerning minor victims of sex offenses and concerning missing children" (Ill. Rev. Stat. 1987, ch. 23, par. 2271) and Section 1 of "AN ACT in relation to children" (Ill. Rev. Stat. 1987, ch. 23, par. 2281).

b) For the purposes of these rules, the following definition applies:

"Acts": "AN ACT to require the registration of habitual child sex offenders and in relation to the confidentiality of information concerning minor victims of sex offenses and concerning missing children" (Ill. Rev. Stat. 1987, ch. 23, par. 2271 et seq.) and "AN ACT in relation to children" (Ill. Rev. Stat. 1987, ch. 23, par. 2281 et seq.).

"Department": The Illinois Department of State Police.

"Registrar": The State Registrar of Vital Records.

20 Ill. Adm. Code 1290.30 Department Notification Requirements

Notifications required by the Acts to be made by the Department shall include, if known, at least the name, date of birth, and sex of the missing child or missing person. This information shall be provided in written form or by electronic data transfer.

20 Ill. Adm. Code 1290.40 Registrar Notification Requirements

Notifications required by paragraphs 2273 and 2283 of the Acts to be made by the Registrar to city, municipality, or county custodians shall include, if known, at least the name, date of birth, and sex of the missing child or missing person. This information shall be provided in written form or by electronic data transfer.

20 Ill. Adm. Code 1290.50 Custodian Identification Procedures

The form required by paragraphs 2274(b) and 2284(b) of the Acts to be completed by a person requesting a flagged birth certificate shall include the name, date of birth, mailing address, and telephone number of the requesting person and the relationship of the requesting person to the missing child or missing person. When a flagged birth certificate is requested by a person, pursuant to paragraphs 2273 and 2283 of the Acts the person's driver's license shall be requested or, if unavailable, one other form of identification must be presented. This identification must contain a photograph that accurately portrays the requesting person. The custodian shall make and retain a photocopy of the tendered identification.

20 Ill. Adm. Code 1290.60 School Enrollment Identification and Reports

a) No proof of the student's identity and age, other than a certified copy of the student's birth certificate, shall be accepted. The Department finds no other proof to be reliable.

b) The reports required by paragraphs 2275(b) and 2285(b) of the Acts, which identify those enrollments failing to comply with the Acts, shall be in writing and shall include at least the student's name, sex, race, and date of birth.

c) The reports required by paragraphs 2275(b) and 2285(b) of the Acts, which identify requests for flagged student records pursuant to paragraphs 2273 and 2283, shall be in writing; shall include at least the student's name, sex, race, and date of birth; and shall provide the name of the party requesting the record.

20 Ill. Adm. Code 1290.70 Miscellaneous Provisions

a) All requirements and procedures contained in the Acts shall be followed.

b) All reports made to the Department under the provisions of the Acts shall be directed to the nearest State Police Region Investigative Office, to the Department's Clearinghouse for Missing and Exploited Children, or to any subsequent functionally equivalent but differently named office of the Department.

History

Source: Amended at 25 Ill. Reg. 7280, effective May 25, 2001

Part 1291 Missing Person Notification

20 Ill. Adm. Code 1291.10 Purpose

The purpose of this Part is to define the means, manner, and form of missing person reports entered on the Law Enforcement Agencies Data System.

20 Ill. Adm. Code 1291.20 Definitions

Unless specified otherwise, all terms shall have the meanings set forth in Section 2 of the Intergovernmental Missing Child Recovery Act of 1984 (Ill. Rev. Stat. 1987, ch. 23, par. 2252).

20 Ill. Adm. Code 1291.30 Requirements

The minimum level of data required to make an entry of a missing person into the Law Enforcement Agencies Data System shall be the missing person's name, sex, and date of birth.

20 Ill. Adm. Code 1291.40 Procedures

Contact with the State Missing Persons Clearinghouse personnel shall be accomplished by entering the original missing person record into the Law Enforcement Agencies Data System. The Law Enforcement Agencies Data System has been programmed by the Department of State Police to automatically direct the information to the designated Missing Persons Clearinghouse personnel.

History

Source: Amended at 41 Ill. Reg. 12629, effective September 21, 2017

Part 1292 Amber Alert Notification Plan

20 Ill. Adm. Code 1292.10 Purpose

The purpose of this Part is to develop and implement a coordinated program for a statewide emergency alert system to be used when a child is abducted.

20 Ill. Adm. Code 1292.20 Definitions

"AMBER Alert Notification Plan" means the system implemented to broadcast critical information to the public when a child is abducted.

"AMBER Plan Task Force" means the group appointed by the Illinois Department of State Police to monitor and review the implementation and operation of the plan, including procedures, budgetary requirements, and response protocols. The Task Force shall also develop additional network resources for use in the system.

"Child" means a minor under the age of 16 or an individual with a proven mental or physical disability, which may be determined on a case-by-case basis.

"Child Safety Coordinator" means the Illinois Department of State Police employee appointed to assist in the establishment of State standards for child safety from kidnap and abduction and to advocate for the achievement of those standards. The qualifications and experience for the position shall include the knowledge, skill, and mental development equivalent to completion of four years of college, preferably with courses in business or public administration; at least one year of professional experience in a public or private organization; prior law enforcement experience, preferably in crimes against children; ability to assist with the development and management of a supportive agency program; ability to assist in the interpretation of Department policies and procedures; and the ability to maintain cooperative working relationships.

"Department" means the Illinois Department of State Police.

"Investigative law enforcement agency" means the law enforcement agency leading the investigation in the jurisdiction in which the abduction occurred.

20 Ill. Adm. Code 1292.30 Requirements

The following criteria must be met to activate the AMBER Alert Notification Plan:

a) The investigative law enforcement agency must confirm that a child has been abducted.

b) The investigative law enforcement agency must confirm that the child meets the definition of child contained within Section 1292.20 of this Part.

c) Law enforcement officials must believe the child is in danger of serious bodily harm or death.

d) There must be sufficient descriptive information about the child, abductor, and/or suspect's vehicle to believe an immediate broadcast alert will help locate the child, abductor, and/or suspect's vehicle.

20 Ill. Adm. Code 1292.40 Procedures

a) The investigative law enforcement agency must confirm the situation meets the criteria outlined in Section 1292.30 of this Part and then contact the Illinois Department of State Police Springfield Communications Center to request activation of the AMBER Alert Notification Plan.

b) The investigative law enforcement agency shall notify all Illinois law enforcement agencies of a child abduction alert through the Law Enforcement Agencies Database System (LEADS) and other state law enforcement agencies through the National Law Enforcement Telecommunications System (NLETS).

c) Critical information relating to the abduction will be sent via the National Weather Service Emergency Alert System to statewide media outlets by the Illinois Department of State Police Springfield Communications Center.

d) The Illinois Department of State Police Springfield Communications Center will request that the media broadcast details of the abduction in order to obtain the public's assistance in locating the abducted child, abductor, and/or vehicle used in the abduction.

e) The Illinois Department of State Police Springfield Communications Center will contact the Illinois Department of Transportation in order to post the critical information relating to the abduction on Illinois Department of Transportation and Illinois Tollway electronic message signs on roads and highways and Illinois State websites.

20 Ill. Adm. Code 1292.50 Responsibilities

a) The Department shall establish an AMBER Plan Task Force.

b) The Department shall appoint a Child Safety Coordinator.

c) The Department, in coordination with the Illinois Emergency Management Agency, shall develop and implement a community outreach program to promote awareness among the State's parents and children of child abduction prevention and response.

d) The Department, in coordination with the Illinois State Board of Education, shall develop child abduction prevention instruction for inclusion in elementary and secondary school curricula throughout the State. The Department and State Board of Education shall encourage the inclusion of the child abduction prevention instruction in private elementary and secondary school curricula throughout the State.

Part 1293 Emission Inspection Training and Certification

20 Ill. Adm. Code 1293.10 Purpose

The purpose of this Part is to establish procedures for the training and certification of Illinois State Police Officers who conduct diesel emission inspections pursuant to the Act.

20 Ill. Adm. Code 1293.20 Definitions

"Act" means to Chapters 13, 13A and 13B of the Illinois Vehicle Code [625 ILCS 5/Ch. 13, 13A and 13B], which pertain to diesel emission inspections.

"Certification" means the authorization of an individual by the Director of State Police or designee as a person qualified to perform diesel emission inspections as provided by the Act.

"Training" means instruction provided by the Illinois Department of State Police in the legal, practical, and technical aspects of diesel emission inspection.

20 Ill. Adm. Code 1293.30 Procedures

a) Certification will occur upon completion of training and successful passage of a written examination.

b) Training shall be not less than six hours in duration and shall include both classroom and practical components.

c) Certification expires after two years from the date of certification.

d) Re-certification may occur any time within one year before or after the expiration of certification.

e) Re-certification training will consist of a refresher course of not less than four hours in duration and successful passage of a written examination.

f) Re-certification provides the same authorization as certification.

g) The Director of State Police or designee shall schedule training and select trainees on the basis of need, qualifications, and available resources.

Part 1295 Certification and Training of Electronic Criminal Surveillance Officers

20 Ill. Adm. Code 1295.10 Purpose

The purpose of this Part is to delineate regulations for the certification, periodic recertification, and revocation of certification of electronic criminal surveillance officers; to specify standards for procedures and equipment used to intercept and record private oral communications; and to adopt measures to protect privileged communications and minimize monitoring of nonpertinent conversations, while permitting the legitimate investigative aims of law enforcement to be pursued.

20 Ill. Adm. Code 1295.20 Definitions

a) Unless specified otherwise, all terms shall have the meanings set forth in Article 108B of the Code of Criminal Procedure of 1963 [725 ILCS 5/108B].

b) For purpose of this Part, the following additional definitions apply:

"Act" means Article 108B of the Code of Criminal Procedure of 1963 [725 ILCS 5/108B].

"Call Content" means the oral (audio) communication received from a communication's common carrier.

"Call Data" means the data received from a communications common carrier that includes, but is not limited to, signaling, call progress signals, dialed digits, and caller identification.

"Chief Executive Officer of a Law Enforcement Agency" means a chief of police, sheriff, director, superintendent, or other title that serves as the head of a law enforcement agency.

"Department" means the Illinois Department of State Police.

"Dialed Number Recorder" means a device used to register telephone numbers, either dialed or pulse dialed.

"Director" means the Director of the Illinois Department of State Police.

"Electronic Criminal Surveillance Officer Certification" refers to registered credentials issued by the Department and the Illinois Law Enforcement Training Standards Board that identify those aspects of electronic criminal surveillance that the officer is authorized to perform.

"Electronic Criminal Surveillance Officers Training Course" means a course or series of courses of instruction provided by the Department, in cooperation with the Illinois Law Enforcement Training Standards Board, in the legal, practical, and technical aspects of the interception of private oral communications and related investigative and prosecutive techniques.

"Electronic Recording" means a digital recording of intercepted conversations made in accordance with the intercept device's design and function and stored in a manner to protect from editing or alteration.

"Intercept Device" means the specialized equipment developed to interface with a communications common carrier's equipment in order to capture data, including, but not limited to, call data and call content.

"Minimization" refers to measures initiated to prevent the interception of privileged communications and to limit the interception of conversations which are innocent and lack evidentiary or investigative value.

"Retired law enforcement officer" means a person:

who is a graduate of a police training institute or academy and who, after graduating, served for at least 15 consecutive years as a sworn full-time peace officer qualified to carry firearms for any federal or State department or agency or for any unit of local government of Illinois;

who has retired as a local, State, or federal peace officer in a publicly created peace officer retirement system; and

whose service in law enforcement was honorably terminated through retirement or disability and not as result of discipline, suspension, or discharge.

"Technical Service Unit" is a component of a law enforcement agency charged with the responsibility for providing support to investigative activities by operating electronic surveillance apparatus, including electronic criminal surveillance devices, alarms, communications apparatus, video equipment, photographic equipment, and night vision devices.

History

Source: Amended at 45 Ill. Reg. 13430, effective October 5, 2021

20 Ill. Adm. Code 1295.30 Qualification, Certification, and Recertification of Officers

No person shall engage in the interception of private oral communication as described in the Act, unless authorized to do so pursuant to certification provisions elaborated in this Part.

a) Qualifications – The qualifications of all candidates for certification as electronic criminal surveillance officers shall be specified in an application to the Director from the chief executive officer of the law enforcement agency which the candidate represents. The application shall include a recommendation of the candidate by the chief executive officer. Other information to be supplied shall include:

The candidate's name, sex, date of birth, and agency identification number;
The candidate's business address and telephone numbers; and
Statement that the candidate is a full-time law enforcement officer or a retired law enforcement officer.

b) Certification – Electronic Criminal Surveillance Officer (ECSO) training and certification shall be provided by the Department. ECSO training and training for recertification shall be certified by the Illinois Law Enforcement Training Standards Board (see 20 Ill. Adm. Code 1720) and shall include training in the legal, practical, and technical aspects of the interception of private oral communications and related investigation and prosecution techniques.

c) Upon successful completion of training, an officer shall be certified by the Illinois State Police and the Illinois Law Enforcement Training Standards Board and shall be authorized to perform the following tasks:

Preparing petitions for the authority to intercept private oral communications in accordance with the provisions of the Act;
Intercepting and supervising the interception of conversations;
Handling, safeguarding, and utilizing evidence derived from such conversations; and
Operating and maintaining equipment used to intercept such conversations.

d) ECSO certification, unless renewed by recertification, expires in 5 years.

History

Source: Amended at 45 Ill. Reg. 13430, effective October 5, 2021

20 Ill. Adm. Code 1295.40 Revocation of Certification

The Director, with the concurrence of the Illinois Law Enforcement Training Standards Board, shall have the power to revoke or suspend any certification granted under this Part. The procedure to revoke or suspend certification shall be as follows:

a) If the Director receives an allegation from any source that a certified Electronic Criminal Surveillance Officer is violating any law relating to electronic criminal surveillance or is violating any provision of this Part, the Director shall investigate the allegation. The Director shall notify the Illinois Law Enforcement Training Standards Board of all such investigations.

b) At the conclusion of the investigation, the Director shall review the findings with the Illinois Law Enforcement Training Standards Board.

c) If the Director and the Illinois Law Enforcement Training Standards Board conclude that the officer has intentionally violated the law or has intentionally violated the civil rights of any party, the officer's certification shall be revoked, and the officer's credentials impounded and destroyed. An officer whose credentials have been revoked shall not be eligible for certification or recertification for a period of 5 years.

d) If the Director and the Illinois Law Enforcement Training Standards Board conclude that the officer has violated any requirement of this Part, the officer's certification shall be suspended and impounded until the officer has successfully completed a recertification training course.

e) Within 10 days after the decision, the Director shall notify in writing the officer and the chief executive officer of the agency employing the officer of any decision to revoke or suspend the officer's certification.

History

Source: Amended at 45 Ill. Reg. 13430, effective October 5, 2021

20 Ill. Adm. Code 1295.50 Recording and Minimization Standards

Electronic Criminal Surveillance Officers shall comply with the minimization standards required by the Act and this Part:

a) Minimization requires that the intercepting officer must use judgement and background knowledge of the criminal investigation and its participants, together with facts and circumstances that develop in the overheard conversations, to refrain from intercepting their non-pertintent, innocent, or privileged conversations as they take place.

b) Judgements concerning minimization decisions shall be based on the knowledge possessed by the interception officer at the time of the decision. Examples of factors to be considered are as follows:

The nature and scope of the criminal activity being investigated.
The use of ambiguous, guarded, coded, or foreign language.
The location of the telephone or facility.
The expectation of the intercepted conversation containing statements relating to criminal conduct.
The likelihood of the interception containing privileged communications.

c) Officers authorized to supervise the interception of private oral communications shall, if possible, ascertain the identities and phone numbers of targeted conspirators, spouses, attorneys, clergymen, and physicians. This information shall be disseminated to all officers charged with responsibility for intercepting the referenced communications in order to assist in identifying potentially privileged communications.

d) Minimization shall be a simultaneous process involving the cessation of audio interception, monitoring and recording, and the registering of such information. All such transactions shall be documented on the Intercept Log and/or electronic intercept device.

e) Spot monitoring of apparently privileged and non-pertinent conversations shall be permitted in order to ensure that such conversations do not lose their privileged and innocent character. This process shall be used to safeguard against instances where conspirators assume the identities of privileged parties to initiate non-pertinent conversations to mask criminal communications. All spot monitoring shall be reflected on the Intercept Log and/or electronic intercept device.

History

Source: Amended at 45 Ill. Reg. 13430, effective October 5, 2021

20 Ill. Adm. Code 1295.60 Documentation Requirements

The following documents shall be completed and maintained with respect to any interception of private oral communication authorized by the Act. The log may be a paper form, or a digital record produced by the intercept device:

a) The Monitor's Intercept Log shall include the monitors' names; the date and shift; the intercept case number; the designation number of recording media; the name of the subject; the court order number; and for each call, identification of the call as outgoing or incoming and the caller and called parties; the start and finish time of the call; call tag data; whether the call was pertinent; whether any minimization was required; if any spot checks were made; a summary of the call; and the initials of the party making the entry.

b) The Monitor's Post Log shall include the case number; the shift and date; the case investigator; and for each individual present at the monitor post, the person's name and agency; the time in and time out of the monitor post; the person's reason for being at the monitoring post; and an acknowledgement that the person is aware of all instructions from judges, prosecutors, and supervising officers concerning the execution of the court order authorizing the intercept.

History

Source: Amended at 45 Ill. Reg. 13430, effective October 5, 2021

20 Ill. Adm. Code 1295.70 Evidence Handling Procedures

The following procedures shall apply to the handling of evidence generated pursuant to these provisions:

a) Based on the operating specifications of the intercept equipment, all intercepted conversations will be electronically recorded in a manner consistent with the intercept device.

b) Each shift shall ensure all electronically recorded conversations are properly stored and protected in accordance with the intercept device's design and function.

History

Source: Amended at 45 Ill. Reg. 13430, effective October 5, 2021

20 Ill. Adm. Code 1295.80 Specifications for Materials and Equipment

a) The materials and equipment used for electronic criminal surveillance shall be of a type and quality sufficient to satisfy the requirements of the Act and ensure adequate collection and preservation of evidence. The standards outlined in subsection (b) shall be met or exceeded.

b) Intercept device equipment shall:

Include audio monitoring capabilities.
Include controls to facilitate minimization.
Provide electronic documentation of all minimization incidents.
Display call data.
Protect the recording from editing or other alterations.

History

Source: Amended at 45 Ill. Reg. 13430, effective October 5, 2021

Part 1296 Exempt Conversation Procedures

20 Ill. Adm. Code 1296.10 Purpose

The purpose of this Part is to delineate regulations concerning the use of devices in the interception and recording of oral conversations, to adopt measures regarding the retention of tape recordings and reports made as a result of such interceptions, and establish documentation requirements with respect to such interceptions.

20 Ill. Adm. Code 1296.20 Definitions

Unless specified otherwise, all terms shall have the meaning set forth in Section 14-1 of the Criminal Code [720 ILCS 5/14-1]. For purpose of this Part, the following additional definitions apply:

"Act" means Article 14 of the Criminal Code [720 ILCS 5/Art. 14].

"Chief Law Enforcement Officer of the County" means the sheriff of said county.

"Inventoried" means retained under the policies and procedures of the investigating law enforcement agency conducting the interception or recording; or, if no policy or procedure exists, the policies and procedures established by the Office of the Sheriff of the County in which the interception or recording occurred.

"Prior Notification" means written or verbal notice directed to the State's Attorney's Office informing the State's Attorney of a law enforcement agency's intention to use a listening or recording device pursuant to 720 ILCS 5/14-3(g). The notification shall be deemed to have occurred if delivered by hand; upon verbal communication; or upon faxing or transmitting by any electronic information system.

20 Ill. Adm. Code 1296.30 Interception and Recording Standards

a) Interceptions or recordings made pursuant to 720 ILCS 5/14-3(g) of the Act shall be accomplished in a manner and with devices which shall provide the law enforcement agency conducting the interception or recording a method to monitor the safety and security of the consenting party during the conversation between the consenting party and the non-consenting party or parties to the conversation.

b) Any and all recordings of any interception or recording made pursuant to this Section shall be protected from editing or other alteration. The law enforcement officer conducting the interception shall designate the first recording from each device used as the "Original" tape for inventory and reporting purposes. Any duplicates or other recordings made from the "Original" recordings shall be designated "Duplicates" for inventory and reporting purposes. Both the "Original" and "Duplicate" recordings shall be inventoried with the original signed written record. Access to any "Original" recording, "Duplicate" recording, or inventoried original written record shall be logged as to the date, time, and identity of the person inspecting, removing, or returning any specified items.

c) The Chief Law Enforcement Officer of the County shall direct that any law enforcement agency that intercepts or records any conversation in said county pursuant to 720 ILCS 5/14-3(g) will either deliver both the written record of the interception or recording and any and all recordings of the interception or recording to the Office of the Sheriff, or retain said written record and recording as evidence within the law enforcement agency. In no event shall the Sheriff deny a request by a law enforcement agency to retain the written record or recordings of interceptions made pursuant to 720 ILCS 5/14-3(g).

20 Ill. Adm. Code 1296.40 Period of Time

Prior notification issued under 720 ILCS 5/14-3(g) shall authorize a law enforcement agency to use any device for the interception or recording during the time period specified in the prior notification, not to exceed ten days, or for ten days from the date and time the initial prior notification was issued if no interception time period is stated in the prior notification. If the continuing use of a device is required beyond the specified interception period in the initial prior notification, or if the use exceeds ten days and no time period was specified, the law enforcement agency shall issue subsequent notifications to the State's Attorney extending the interception or recording time period in accordance with the prior notification procedures established under the Act.

20 Ill. Adm. Code 1296.50 Documentation Requirements

a) Prior Notification

Prior to the initiation of any period of interception or recording pursuant to 720 ILCS 5/14-3(g), the law enforcement agency shall provide the State's Attorney, in the county in which said recording or listening will occur, prior notification.

b) A copy of all written prior notification to the State's Attorney shall be maintained by the submitting police agency. Verbal prior notifications to the State's Attorney shall be documented in writing and submitted to the State's Attorney within 24 hours after the verbal notification and a copy shall be retained by the submitting police agency in the same manner as written prior notifications. The prior notification shall contain the following information:

The nature of the notice;
The agency providing notice;
The name of the individual providing notice;
The name and phone number of an agency contact;
The agency case number;
The date and time notice was issued;
Information on how the notice was issued;
The nature of the offense being investigated;
The time period for which the notice shall apply; and
The fact there is a consenting party to the conversation.

c) Written Record of Interception

A signed written record shall be completed by the intercepting or recording law enforcement officer. The signed written record shall include:

The day and hours of interception or recording;
The time and duration of each intercepted communication;
The parties, if known, to each intercepted communication;
A summary of the contents of each intercepted or recorded communication;
The make, model, and serial number of all interception and recording equipment used to intercept or record; and
The signature of the intercepting officer.

d) Both the written record of the interception or recording and any and all recordings of the interception or recording shall immediately be inventoried and shall either be retained as evidence within the law enforcement agency conducting the interception or recording or delivered to the Office of the Sheriff. The written records of the interception or recording conducted under 720 ILCS 5/14-3(g) shall not be destroyed except upon an order of a court of competent jurisdiction and in any event shall be kept for ten years.

e) Notice of Interception or Recording

Within a reasonable time, but not later than sixty days after the termination of the investigation for which the interception or recording was conducted, or immediately upon the initiation of criminal proceedings, the law enforcement agency conducting the investigation shall serve on the person who was the subject of an interception or recording under 720 ILCS 5/14-3(g), an inventory that shall include:

Notice that the person was the subject of the interception or recording;
Notice of any interception or recording if the defendant was arrested or indicted or otherwise charged as a result of the interception of his or her private oral communication;
The date of the interception or recording;
The period of interception or recording; and
Notice of any interception or recording devices used.

f) A prior notification or notice of interception or recording required under the Act shall not be deemed defective nor shall any interception or recording related to said notification or notice be quashed or abated because of technical irregularities not affecting the substantial rights of any person who has been the subject of an interception or recording pursuant to 720 ILCS 5/14-3(g).

20 Ill. Adm. Code 1296.60 Specifications for Equipment

a) Audio recording tapes shall be virgin standard audio recording cassettes or spools.

b) The audio recording equipment shall be of a type and quality sufficient to ensure adequate collection and protection of its recording from editing or alteration.

Part 1297 Bait Car Procedures

20 Ill. Adm. Code 1297.10 Purpose

The purpose of this Part is to delineate regulations concerning the use of devices in the recording of transmissions from a microphone placed by a person under the authority of a law enforcement agency inside a bait car surveillance vehicle and to adopt measures regarding the retention of any such recorded evidence. These regulations shall apply exclusively to bait cars as defined in Section 14-1(f) of the Code.

20 Ill. Adm. Code 1297.20 Definitions

Unless specified otherwise, all terms shall have the meaning set forth in Section 14-1 of the Criminal Code. For purpose of this Part, the following additional definitions apply:

"Article 14" means Article 14 of the Criminal Code [720 ILCS 5/Art. 14] (Eavesdropping).

"Code" or "Criminal Code" means the Criminal Code of 1961 [720 ILCS 5].

"Inside a bait car" means inside of the vehicle.

"Inventoried" means retained under the policies and procedures of the investigating law enforcement agency conducting the interception or recording; or, if no policy or procedure exists, the policies and procedures establishes by the office of the sheriff of the county in which the interception or recording occurred.

20 Ill. Adm. Code 1297.30 Interception and Recording Standards

a) Any and all recordings made pursuant to this Section shall be protected from editing or other alteration. The first recording from each device used shall be designated as the "original" for inventory and reporting purposes.

b) Any and all original recordings shall be inventoried in accordance with the guidelines of the appropriate law enforcement agency.

20 Ill. Adm. Code 1297.40 Specifications for Equipment

a) Based on the operating specifications of the recording equipment, all recorded conversations will be saved to virgin blank media and protected from future additions, editing or alterations.

b) The materials and equipment used for recording conversations pursuant to Section 14-3(n) of the Code shall be of a type and quality sufficient to satisfy the requirements of Article 14 and ensure adequate collection and preservation of evidence.

Part 1298 Imaging Products

20 Ill. Adm. Code 1298.10 Introduction

The Department of State Police, in the context of its powers and duties, captures digital images, videos, and measurements in a variety of formats. Individuals and other entities often desire to obtain copies of these digital images, videos, and measurements. This Part is intended to establish the requirements and procedures for obtaining imaging products from the Department.

History

Source: Amended at 42 Ill. Reg. 19238, effective October 10, 2018

20 Ill. Adm. Code 1298.20 Definitions

"Department" means the Illinois Department of State Police.

"Graphic Image" means any image, video or electronic file, including, but not limited to, those depicting a nude human body, autopsy or post-mortem images, a body with severe trauma or injuries, or any digital image, video or similar image, the release of which a reasonable person would find constitutes an unwarranted invasion of personal privacy.

"Imaging Products" means any digital images, videos, or measurements collected or produced by Department of State Police personnel. These may include, but are not limited to, digital animations, charts, or other digital media produced by Department of State Police personnel.

"Requester" means a person or other entity that requests imaging products from the Department.

History

Source: Amended at 42 Ill. Reg. 19238, effective October 10, 2018

20 Ill. Adm. Code 1298.30 Request Procedures

a) A requester shall complete an Imaging Request Form for each imaging product request.

b) Each request shall include the appropriate fee established in Section 1298.40, for the particular image product requested. The payment of fees, established in Section 1298.40, shall be made by certified check, money order or personal check made payable to the State Police Services Fund; cash will not be accepted.

c) The Department shall not process any request until a correctly completed Imaging Request Form and the appropriate fee is received. The Department shall return any incorrect or incomplete Imaging Request Form and fee to the requester.

d) All imaging products will be provided to the requester in a digital format.

e) Graphic images will only be provided to the requester if the Imaging Request Form is accompanied by a subpoena or notarized permission of the individual depicted in the graphic image. If the individual depicted in the graphic image is deceased or lacks capacity to grant permission, the Imaging Request Form must be accompanied by notarized permission of that individual's legal representative.

f) All requested imaging products shall be sent to the requester by U.S. Mail unless other arrangements are made and paid for by the requester.

g) The requester shall not reproduce, license, sell, or further distribute imaging products without the written consent of the Department.

h) Imaging products will only be provided to requesters in compliance with the exemptions to the Illinois Freedom of Information Act [5 ILCS 140/7].

i) Imaging products will be provided to the requester in the electronic format in which they are maintained by the Department.

History

Source: Amended at 42 Ill. Reg. 19238, effective October 10, 2018

20 Ill. Adm. Code 1298.40 Fees

The fees reflect the costs incurred to reproduce the particular imaging products. Fees shall be deposited into the State Police Services Fund or as otherwise legally required. The fees shall be as follows:

a) Optical CD/DVD containing imaging products (<80 MB) $20

b) Optical CD/DVD containing imaging products (80-160 MB) $40

c) Optical CD/DVD containing imaging products (>160 MB) $100

d) Flash drive containing imaging products (<80 MB) $40

e) Flash drive containing imaging products (80-160 MB) $60

f) Flash drive containing imaging products (>160 MB) $120

History

Source: Amended at 42 Ill. Reg. 19238, effective October 10, 2018

Chapter III Illinois Criminal Justice Information Authority

Part 1500 The Uniform Consideration of Annual and Periodic Audits of the State Central Repositories for Criminal History Record Information

20 Ill. Adm. Code 1500.100 Purpose

As the official body in the State of Illinois designated to conduct annual and periodic audits of the procedures, policies, and practices of the state central repositories for criminal history record information, the Illinois Criminal Justice Information Authority (hereinafter called the Authority) shall be responsible for monitoring and evaluating the performance of the repositories with respect to the accuracy and completeness of criminal history record information and for the detection and correction of audit exceptions. The Authority shall conduct the annual and periodic audits for the purposes of ensuring:

a) continuing public review and discussion of the procedures, practices, and policies of the repositories' maintenance of criminal history record information;

b) adherence to federal and state laws governing criminal history record information (See e.g., 28 CFR 20 et seq., as amended December 6, 1977; Ill. Rev. Stat. 1982 Supp., ch. 38 pars. 210-1 et seq., as amended; Public Act 83-1013, certified December 27, 1983);

c) retention of documentation tracing the creation, copying, and dissemination of criminal history record information;

d) compliance by the repositories with their internal procedures, policies, and practices; and

e) availability of information regarding the accuracy, completeness and integrity of the criminal history record information maintained throughout the State.

20 Ill. Adm. Code 1500.200 Audit Conduct

a) The Authority shall audit the state central repositories at least once each year. The Executive Director shall designate those members of the Authority staff authorized to conduct the audits of the state central repositories on behalf of the Authority (based upon costs and available resources). The Executive Director shall also authorize other state employees or private or government consultants to conduct audits when such assistance is required to improve the efficiency of the audit.

b) All persons authorized by the Executive Director to conduct audits on behalf of the Authority shall be subject to personnel clearances as required by federal regulations (28 CFR 20, as amended December 6, 1977) and shall have an obligation to be familiar with the substance and intent of all federal and state laws regarding the privacy and security of criminal history record information.

c) The audits shall be conducted on the premises of the state central repositories when necessary for the Authority to review original record documents or to improve the quality of the audit. In addition, the Authority shall direct the repositories to provide whatever information is required to complete the audit.

d) The Authority shall audit a representative sample of records maintained by the state central repositories for compliance with established procedures. At a minimum, the Authority shall audit:

accuracy and completeness of records;
dissemination procedures for consistency with state and federal laws;
correction procedures for records found to contain errors;
delinquent disposition monitoring, internal audit, security, access and review procedures.

e) The audit procedures stated herein shall apply to both manual and automated criminal history record information.

20 Ill. Adm. Code 1500.300 Responsibilities of the State Central Repositories

a) As required by law, the state central repositories shall audit, correct and update criminal history record information maintained by them. This responsibility shall be fulfilled by conducting systematic audits for accuracy and completeness by automatically logging data entries, primary and secondary disseminations and by automatically monitoring for delinquent dispositions.

b) The state central repositories shall audit local criminal justice agencies reporting to them or obtaining criminal history record information from them. This responsibility shall be fulfilled by conducting random audits for compliance with state and federal requirements regarding criminal history record information, including, but not limited to, auditing for disposition reporting, dissemination, security, access and review of such information.

c) In conducting the audits of local criminal justice agencies described above, the state central repositories shall document each individual record, practice, policy or procedure audited by recording whether or not any audit exception was found, if so, stating what the exception was, the nature of the response needed to correct the exception, and the date the correction was actually made. This documentation shall be retained by the state central repositories for one year after the Authority issues an audit report.

d) The state central repositories shall notify the local criminal justice agency, in writing, of all errors and exceptions found and establish a reasonable time period in which the local criminal justice agency can respond and correct the errors or exceptions, but not more than thirty days. At the expiration of the time period established, the state central repositories shall monitor the local agency to determine whether the errors or exceptions have, in fact, been corrected.

20 Ill. Adm. Code 1500.400 Sampling Procedures

a) The state central repositories shall audit a statistically significant random sample of the records they maintain for accuracy and completeness by comparing them with the source documents. Such audits shall be conducted at least once a year, documented as described in Section 1500.300(c) above, and retained for at least one year for audit by the Authority.

b) The state central repositories shall audit a representative sample of local criminal justice agencies chosen on a random basis for compliance with state and federal laws. Such audits shall be conducted on a continuous basis, documented as described in Section 1500.300(c) above, and retained for at least one year for audit by the Authority. A "representative sample" as used in this subsection means a statistically significant number of criminal justice agencies varying by type, geographic location and size (expressed by population served) so as to fairly depict a cross-section of the criminal justice agencies found in the state.

20 Ill. Adm. Code 1500.500 Audit Findings and Reports

a) The Authority shall issue a report of its audit findings to the Governor, the General Assembly, the state central repositories, and the public.

b) The report shall include a precise statement of the scope of the audit, a statement of the findings resulting from the audit, a statement of the prospective significance of the findings, recommendations to the state central repositories with respect to their procedures, practices, and policies, and a statement of explanation or rebuttal which may have been submitted by the audited agency.

c) In conducting subsequent audits the Authority shall specifically monitor the state central repositories for correction of audit exceptions noted in the previous audit and include its findings in the audit report.

Part 1510 The Uniform Consideration of Administrative Appeals

20 Ill. Adm. Code 1510.100 Purpose

The Illinois Criminal Justice Information Authority (hereinafter called the "Authority") is the sole administrative appeal body in the State of Illinois to conduct hearings and make final determinations concerning individual challenges to the completeness and accuracy of criminal history record information (Illinois Criminal Justice Information Act, Ill. Rev. Stat. 1982 Supp., ch. 38, par. 210-7(h)) and is authorized to promulgate such rules, regulations, and procedures as are necessary to the operation of the Authority and to the uniform consideration of appeals (Ill. Rev. Stat. 1982 Supp., ch. 38, par. 210-7(o)). The purpose of public administrative appeal hearings shall be to air the pertinent evidence in cases concerning individual access and review of criminal history record information, while affording due process to all parties. All parties shall have the right to appear with counsel, to be present and to participate. The right to participate shall include the rights to call, examine and cross-examine witnesses, and to introduce evidence into the record. Unless specified otherwise herein, all public administrative appeal hearings of the Authority shall be governed by the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1981, ch. 127, pars. 1001 et seq.) as in effect as of the date of filing of this rule.

20 Ill. Adm. Code 1510.200 Definitions

a) Appeals Committee – The term "Appeals Committee" means the standing committee of the Authority consisting of the Authority's three members of the general public.

b) Committee Chairman – The term "committee chairman" means the chairman of the Appeals Committee of the Authority who is appointed by the Chairman of the Authority.

20 Ill. Adm. Code 1510.300 Request for Administrative Appeal

a) An individual shall file with the Authority a request for administrative appeal within 56 days of receipt of written notification that an administrative review has been completed by the reviewing agency of the state central repository. Such request shall be submitted to the Authority on an "Administrative Appeal Complaint Form," or, if such form is unavailable, a written request for administrative appeal may be substituted.

b) An Administrative Appeal Complaint Form shall contain the reviewing agency's name and the National Crime Information Center (NCIC) number, the State identification number, the individual's full name, address and telephone number, date of birth, notices and instructions, the reviewing officer's name and identification number, the individual's signature, the date filed, space for narrative explaining the specific item or items challenged as being incomplete or inaccurate, the exact correction(s) the individual would have the Authority make, and a space where the individual may request an oral hearing. The form shall also contain a space for a narrative to allow explanation of the reason for the appeal.

c) Upon receipt of a request for an administrative appeal, the Appeals Committee shall request that the state central repository or reviewing criminal justice agency forward within seven (7) days all documentation and information used by the reviewing agency to reach its decision.

20 Ill. Adm. Code 1510.400 Administrative Appeal Hearings

a) The Appeals Committee of the Authority shall conduct administrative appeal hearings on behalf of the Authority.

b) All hearings shall be open to the public. However, hearings, or parts of hearings, may be closed to the public upon request of the individual and at the discretion of the Appeals Committee, to the extent necessary to protect the privacy of individuals or to ensure the security of criminal history record information, pursuant to federal or state law or regulations. See Omnibus Crime Control and Safe Streets Act of 1968, as amended, (42 U.S.C. 3701 et seq.), Federal Privacy and Security Regulations (28 CFR 20, as amended December 6, 1977), Illinois Open Meetings Act (Ill. Rev. Stat. 1981, ch. 102, pars. 41 et seq.) and Illinois Administrative Procedure Act (Ill. Rev. Stat. 1981, ch. 127, pars. 1010-1015), as in effect as of the date of filing (adopting) of this rule.

c) Within 28 days of receipt of a request for administrative appeal, the committee chairman shall set a date for the hearing and shall notify the individual of the time, date, and place of the hearing by mail at least seven (7) days prior to the hearing.

d) A hearing must be conducted within 49 days of receipt of a request for administrative appeal, unless the time period is waived by the individual.

e) The hearing shall be conducted at the offices of the Authority unless the committee chairman determines that the hearing should be in some other location based on the following factors: residence of the individual, location of the reviewing criminal justice agency, or the location of necessary witnesses. Every effort shall be made to hold the hearing in a place convenient to all parties involved.

f) At a hearing, the individual may appear with counsel, may present evidence, and may cross-examine witnesses.

g) All testimony at the hearing shall be under oath or affirmation.

h) An accurate record, which may be taken by tape recording, stenographer or any other means which will result in a verbatim record, shall be kept of the proceedings of any hearing at no expense to the parties. The record need not be transcribed or printed unless the Appeals Committee receives notice of an appeal of its decision and a request for such transcript is made. Upon written request to the Authority, a party shall be entitled to be furnished the use of a stenographer and/or a transcript of the record for a fee in accordance with the State Records Act (Ill. Rev. Stat. 1981, ch. 116, pars. 43.4 et seq.) as in effect as of the date of the filing of this rule, or if the State Records Act is not applicable, a fee equal to the cost to the Authority for fulfilling the request. Such fee shall not exceed the actual cost of stenographic charges or the actual cost for reproduction of the transcript.

20 Ill. Adm. Code 1510.500 Evidence

The Authority shall exclude irrelevant, immaterial or unduly repetitious evidence. All documents and other evidence offered or taken for the record shall be open to examination by the parties. An opportunity shall be given to refute facts and arguments advanced on either side of the issues either by written or oral statements.

20 Ill. Adm. Code 1510.600 Findings and Orders

a) The Appeals Committee shall issue findings and orders on behalf of the Authority.

b) Unless waived by the individual, the Appeals Committee shall issue written findings of fact and conclusions within 28 days from the date the administrative appeal is heard. The Appeals Committee shall send written notice of the findings of fact, reasons therefor, and the conclusions to the Authority, the individual, the reviewing agency and the state central repository. After fifteen (15) business days, such action shall constitute the final decision of the Authority.

c) If the criminal history record information in question is found to be incomplete, inaccurate, or not maintained in accordance with the standards of the agency which regularly maintains the records, the Appeals Committee shall request the Authority to order the information to be purged, sealed, modified, or supplemented by explanatory notation, as appropriate. Such order shall be executed by the reviewing agency and state central repository within 24 hours of receipt of the order. The reviewing agency or the state central repository shall disseminate the corrected information to all agencies which have received this information.

20 Ill. Adm. Code 1510.700 Failure to Provide Information

The failure of any individual or agency to supply the Appeals Committee with requested information or to testify upon request of the Appeals Committee shall be grounds for reaching conclusions against the interest of the disobedient individual or agency.

Part 1520 Operating Procedures for the Administration of Federal Funds

20 Ill. Adm. Code 1520.10 Purpose and Authorization

a) The Illinois Criminal Justice Information Authority (Authority) establishes this Part to exercise its responsibility to apply for, receive, establish priorities for, allocate, disburse and spend grant funds that are made available by...the United States pursuant to the federal Crime Control Act of 1973 (P.L. 93-83), as amended, and similar federal legislation, and to enter into agreements with the United States Government to further the purposes of the Act, or as may be required as a condition of obtaining federal funds,.... [20 ILCS 3930/7(k)]

b) Pursuant to the Organizational rules of the Illinois Criminal Justice Information Authority (2 Ill. Adm. Code 1750.340), the Budget Committee has the duty to oversee the grant award procedures of the Authority. This duty includes responsibility for establishing grant award procedures, submission of the Applications for funds and oversight of the grant award procedures for Victims of Crime Act of 1984 (P.L. 98-473, effective October 12, 1984), Anti-Drug Abuse Act of 1988 (P.L. 100-690, effective November 18, 1988), Violence Against Women Act of 1994 (P.L. 103-322, effective September 13, 1994), and other federal program funds that the Authority is designated to administer.

History

Source: Amended at 21 Ill. Reg. 8909, effective June 27, 1997

20 Ill. Adm. Code 1520.20 Definitions

Adverse Action – The term "adverse action" means any or all of the following with respect to federal funds administered by the Authority:

The suspension by the Executive Director of the performance of an interagency agreement for more than twenty-eight (28) days aggregated within a twelve month period, exclusion of any period of extension that may be granted under Section 1520.50(c).

The termination of an interagency agreement by the Executive Director.

The denial by the Executive Director of a request for a material revision to an interagency agreement.

Application – The term "Application" means the document submitted by the Authority on behalf of the State of Illinois to apply for funds available from a federal agency.

Budget Committee – The term "Budget Committee" means the Budget Committee of the Authority as empowered by the Organizational Rules of the Illinois Criminal Justice Information Authority (2 Ill. Adm. Code 1750.340).

Executive Director – The term "Executive Director" means the Executive Director of the Authority (Ill. Rev. Stat. 1983, ch. 38, par. 210-6 and 2 Ill. Adm. Code 1750.350.).

Interagency Agreement – The term "interagency agreement" means a contract between the Authority and a unit of state or local government or a not-for-profit organization whereby the Authority provides funds to carry out specified programs, services, or activities.

Implementing Agency – The term "implementing agency" means any party, including the Authority, designated to receive funds administered by the Authority pursuant to these rules.

20 Ill. Adm. Code 1520.30 Application and Receipt of Justice Assistance Act of 1984 Funds (repealed)

History

Source: Repealed at 21 Ill. Reg. 8909, effective June 27, 1997

20 Ill. Adm. Code 1520.40 Application and Receipt of Victims of Crime Act of 1984 Funds

a) The Authority will annually review Section 1404 of the Victims of Crime Act of 1984 (P.L. 98-473, effective October 12, 1984) and based on the requirements of Section 1404(a) and (b), the need for services to victims and the services available to address that need, as evidenced by oral and written comment and testimony received at public meetings conducted pursuant to the Open Meetings Act (Ill. Rev. Stat. 1983, ch. 102, par. 41 et seq.), select program priorities for each federal fiscal year. Such funding priorities shall be selected by the Authority at a public meeting in conformance with the Open Meetings Act and the Authority's rules (2 Ill. Adm. Code 1750.310 et seq.).

b) For purposes of determining the distribution of federal funds made available to the State of Illinois through the Victims of Crime Act of 1984, the Authority shall give priority to those units of local government and not-for-profit organizations providing assistance to victims of sexual assault, spousal abuse, or child abuse. To that end, based upon the funding priorities selected by the Authority pursuant to subsection (a) above, the Executive Director shall use the following evaluation criteria to identify those units of local government and not-for-profit organizations eligible for the receipt of federal funds:

demonstration of either a record of providing effective services to victims of crime and financial support from sources other than the Victims of Crime Fund or substantial financial support from sources other than the Victims of Crime Fund;
utilization of volunteers in providing such services;
promotion within the community served of coordinated public and private efforts to aid crime victims;
assistance of potential recipients in seeking crime victim compensation benefits;
an analysis of need as evidenced by demographic and criminal justice data; and
current research findings.

A unit of local government or not-for-profit organization, so identified, shall be contacted by the Executive Director to assess its interest in and ability to qualify for the receipt of federal funds pursuant to the requirements of the Victims of Crime Act of 1984 and, if so interested and so qualified, to prepare a description of programs or services that identifies the problem to be addressed, states goals and objectives, and indicates the means by which the unit of local government or not-for-profit organization proposes to achieve those objectives. A unit of local government or not-for-profit organization not so identified by the Executive Director shall, however, upon written request to the Executive Director, be included among those units of local government or not-for-profit organizations evaluated by the Executive Director pursuant to the criteria described herein.

c) The Budget Committee shall, at a public meeting, designate programs or services, implementing agencies, and amounts for funding which address one or more of the program priorities specified by the Authority in subsection (a) above, consistent with the Victims of Crime Act of 1984 and the Program Guidelines for Crime Victim Assistance Grants of the Department of Justice, Office of Justice programs (50 FR 43011, et seq., October 23, 1985). The Budget Committee's decision to designate these programs or services, implementing agencies and fund amounts shall be based upon equal consideration of the following factors:

the recommendations of the Executive Director made pursuant to subsection (b) above;
comments from the public and State and local officials;
the availability of funds; and
the overall cost of the program or services.

d) Pursuant to Section 1402(d)(2) of the Victims of Crime Act of 1984 and the Program Guidelines for Crime Victim Assistance Grants, the Application to the Office for Victims of Crime shall include a table of fund allocations and those certifications and assurances listed in Section 1404 of the Victims of Crime Act of 1984.

e) Upon notification by the Office for Victims of Crime that an Application has been approved, the Executive Director shall enter into interagency agreements with the implementing agencies designated by the Budget Committee pursuant to subsection (c) above, specifying the terms and conditions under which the programs, services, or activities are to be conducted and the federal funds are to be received. If the Authority is the designated implementing agency, then the Executive Director shall document such terms and conditions, which, to become effective, must be accepted in writing by the Chairman of the Authority.

20 Ill. Adm. Code 1520.45 Application and Receipt of State and Local Law Enforcement Assistance Act of 1986 Funds (repealed)

History

Source: Repealed at 21 Ill. Reg. 8909, effective June 27, 1997

20 Ill. Adm. Code 1520.46 Application and Receipt of Anti-Drug Abuse Act of 1988 Funds

a) The Authority will annually review Section 501 of the Anti-Drug Abuse Act of 1988 (P.L. 100-690, effective November 18, 1988) and based on the need for services to enforce state and local laws that establish offenses similar to offenses established in the Controlled Substances Act (21 U.S.C. 801 et. seq.) and to improve the functioning of the criminal justice system with emphasis on violent crime and serious offenders, the services available to address that need, and oral and written comment and testimony received at public meetings conducted pursuant to the Open Meetings Act (Ill. Rev. Stat. 1987, ch. 102, par. 41 et seq.), select program funding priorities for each federal fiscal year. Such funding priorities shall be selected by the Authority at a public meeting in conformance with the Open Meetings Act and the Authority's rules (2 Ill. Adm. Code 1750.310 et seq.).

b) Federal funds made available to the State of Illinois through the Anti-Drug Abuse Act of 1988 shall be distributed to State agencies and units of local government. In distributing funds among urban, rural and suburban units of local government and combinations thereof, the Authority shall give priority to those jurisdictions with the greatest need. Based on the funding priorities selected by the Authority pursuant to subsection (a) above, the Executive Director shall use the following evaluation criteria to identify those State agencies and units of local government eligible for the receipt of federal funds:

analysis of need as evidenced by demographic and criminal justice data;
comments from the public and state and local officials;
information (including but not limited to drug activity information, arrests, prosecutions, drug types, prior experience with grants and current efforts regarding drug enforcement) indicating the likelihood that a State agency or unit of local government will achieve the desired objectives of the Anti-Drug Abuse Act of 1988;
drug law enforcement and violent crime information, including arrests, prosecutions, convictions, recidivism, (percentages as well as gross numbers), overdose, information provided to police by citizens, and treatment information such as admissions to programs; and
current research findings.

c) A unit of local government or State agency, so identified pursuant to subsection (b) above, shall be contacted by the Executive Director to assess its interest in and ability to qualify for the receipt of federal funds pursuant to the requirements of the Anti-Drug Abuse Act of 1988 and, if so interested and so qualified, to prepare a description of programs or services that identifies the problem to be addressed, states goals and objectives, and indicates the means by which the unit of local government or State agency proposes to achieve those goals and objectives. In assessing the interest in and ability to qualify for the receipt of the above-mentioned funds, the Executive Director shall consider resolutions from county and municipal boards and written assurance from these boards of their ability to obtain the required matching money.

d) A unit of local government or state agency not so contacted by the Executive Director pursuant to subsection (c) above shall, however, upon written request to the Executive Director, be included among those units of local government or State Agencies evaluated by the Executive Director pursuant to the criteria established in subsection (b) above. Such written request shall include a description of programs or services that identifies the problem to be addressed, states goals and objectives, and indicates the means by which the unit of local government or State Agency proposes to achieve those goals and objectives. In assessing the interest in and ability to qualify for the receipt of federal funds pursuant to the Anti-Drug Abuse Act of 1988, the Executive Director shall consider resolutions from county and municipal boards and written assurance from these boards of their ability to obtain the required matching money. If the Executive director determines that the unit of local government or State Agency is not so eligible or so qualified, the Executive Director shall notify the unit of local government or State Agency, within 45 days of receipt of the written request, that it will not be recommended for funding and the reasons for such recommendation. The unit of local government or State Agency may submit a written request for reconsideration to the Chairman of the Budget Committee within 28 days from receiving notice from the Executive Director. The written request for reconsideration shall include the reasons for requesting reconsideration by the Budget Committee.

e) The Budget Committee shall, at a public meeting conducted pursuant to the Open Meetings Act, designate programs or projects, implementing agencies, and amounts for funding which address one or more of the program priorities specified by the Authority in subsection (a) above, consistent with the Anti-Drug Abuse Act of 1988. The Budget Committee's decision to designate these programs or services, implementing agencies and fund amounts shall be based upon equal consideration of the following factors:

the recommendations of the Executive Director made pursuant to subsection (b) above and written requests for reconsideration made pursuant to subsection (d) above;
comments from the public and State and local officials;
the proven effectiveness of a program, by making a prudent assessment of the problem to be addressed by a proposed program;
the likelihood that a program will achieve the desired objectives, by making a prudent assessment of the concepts and implementation plans included in a proposed program and by the results of any evaluations of previous tests, demonstrations or similar programs;
the availability of funds; and
the overall cost of the program or services.

f) Pursuant to Section 503 of the Anti-Drug Abuse Act of 1988, the Application to the Bureau of Justice Assistance shall include a statewide strategy for drug and violent crime control programs which improve the functioning of the criminal justice system, with an emphasis on drug trafficking, violent crime and serious offenders, and those certifications and assurances listed in Section 503 of the Anti-Drug Abuse Act of 1988.

g) Upon notification by the Bureau of Justice Assistance that an Application has been approved, the Executive Director shall enter into interagency agreements with those implementing agencies designated by the Budget Committee pursuant to subsection (e) above, specifying the terms and conditions under which the programs or projects are to be conducted and the federal funds are to be received. If the Authority is the designated implementing agency, then the Executive Director shall document such terms and conditions, which, to become effective, must be accepted in writing by the Chairman of the Authority. The terms and conditions shall include but not be limited to reporting requirements that reflect fiscal expenditures and progress toward program objectives, compliance with applicable laws and regulations, maintenance of financial and program records beyond the expiration of the agreement, the prohibition of subcontracting or assignment of agreements without prior written approval of the Authority, audit procedures as described in the federal laws and regulations listed in Section 1520.50(a), and the status of the implementing agency as an independent contractor.

History

Source: Added at 13 Ill. Reg. 5926, effective April 17, 1989

20 Ill. Adm. Code 1520.47 Application and Receipt of Violence Against Women Act of 1994 Funds

a) The Authority will annually review Section 2001 of the Violence Against Women Act of 1994 (P.L. 103-322, effective September 13, 1994) and based on the need to strengthen law enforcement, prosecution and victim services in cases involving violent crimes against women, particularly crimes of sexual assault and domestic violence, the services available to address that need, consultation with nonprofit, nongovernmental victim service programs, and oral and written comment and testimony received at public meetings conducted pursuant to the Open Meetings Act [5 ILCS 120], will select program funding priorities for each federal fiscal year. Such funding priorities shall be selected by the Authority at a public meeting in conformance with the Open Meetings Act and the Authority's rules (2 Ill. Adm. Code 1750.330).

b) Federal funds made available to the State of Illinois through the Violence Against Women Act of 1994 may be distributed to State agencies, units of local government, and nonprofit, nongovernmental victim services programs. In distributing funds, the Authority will give priority to areas of varying geographic size with the greatest needs, consider the population to be served within a geographic area, assure that the needs of previously underserved populations are identified and addressed, and equitably distribute monies on a geographic basis, including non-urban and rural areas of various geographic sizes. Based on the funding priorities selected by the Authority pursuant to subsection (a) above, the Executive Director shall use the following evaluation criteria to identify those State agencies, units of local government, and nonprofit, nongovernmental victim services programs eligible for the receipt of federal funds:

analysis of need as evidenced by public health data, data regarding orders of protection, and demographic and criminal justice data;
comments from the public, service providers, and State and local officials;
information (including but not limited to prior experience with grants and current efforts regarding cases involving violent crimes against women) indicating the likelihood that a State agency, unit of local government, or nonprofit, nongovernmental victim services program will achieve the desired objectives of the Violence Against Women Act of 1994;
criminal justice and victim service agency surveys, which include information regarding service availability and the numbers of victims actually served, and the incidence of violent crimes against women (percentages as well as gross numbers);
current research findings; and
consultation with nonprofit, nongovernmental victim service programs.

c) A State agency, unit of local government, or nonprofit, nongovern- mental victim service program, so identified pursuant to subsection (b) above, shall be contacted by the Executive Director to assess its interest in and ability to qualify for the receipt of federal funds pursuant to the requirements of the Violence Against Women Act of 1994 and, if so interested and so qualified, to prepare a description of programs or services that identifies the problem to be addressed, states goals and objectives, and indicates the means by which the State agency, unit of local government, or nonprofit, nongovernmental victim service program proposes to achieve those goals and objectives. In assessing the interest in and ability to qualify for the receipt of the above-mentioned funds, the Executive Director shall consider resolutions from county and municipal boards and written assurance from these boards of their ability to obtain the required matching contribution.

d) A State agency, unit of local government, or nonprofit, nongovern- mental victim service program not so contacted by the Executive Director pursuant to subsection (c), shall, however, upon written request to the Executive Director, be included among those State agencies, units of local government, or nonprofit, nongovernmental victim service programs evaluated by the Executive Director pursuant to the criteria established in subsection (b) above. Such written request shall include a description of programs or services that identifies the problem to be addressed, states goals and objectives, and indicates the means by which the State agency, unit of local government, or nonprofit, nongovernmental victim service program proposes to achieve those goals and objectives. In assessing the interest in and ability to qualify for the receipt of federal funds pursuant to the Violence Against Women Act of 1994, the Executive Director shall consider resolutions from county and municipal boards and written assurance from these boards of their ability to obtain the required matching contribution. If the Executive Director determines that the State agency, unit of local government, or nonprofit, nongovernmental victim service program is not so eligible or so qualified, the Executive Director shall notify the State agency, unit of local government, or nonprofit, nongovernmental victim service program, within 45 days after receipt of the written request, that it will not be recommended for funding and the reasons for such recommendation. The State agency, unit of local government, or nonprofit, nongovernmental victim service program may submit a written request for reconsideration to the Chairman of the Budget Committee within 28 days from receiving notice from the Executive Director. The written request for reconsideration shall include the reasons for requesting reconsideration by the Budget Committee.

e) The Budget Committee shall, at a public meeting conducted pursuant to the Open Meetings Act, designate programs or projects, implementing agencies, and amounts for funding, which address one or more of the program priorities specified by the Authority in subsection (a) above, consistent with the Violence Against Women Act of 1994. The Budget Committee's decision to designate these programs or services, implementing agencies and fund amounts shall be based upon equal consideration of the following factors:

the recommendations of the Executive Director made pursuant to subsection (b) above and written requests for reconsideration made pursuant to subsection (d) above;
comments from the public, service providers and State and local officials;
the proven effectiveness of a program, by making a prudent assessment of the problem to be addressed by a proposed program;
the likelihood that a program will achieve the desired objectives, by making a prudent assessment of the concepts and implementation plans included in a proposed program and by the results of any evaluations of previous tests, demonstrations or similar programs;
the availability of funds;
the overall cost of the program or services; and
the requirement that a minimum of 25% of the funds received be distributed to each of the following: law enforcement, prosecution, and victim services.

f) Pursuant to Section 2002 of the Violence Against Women Act of 1994, the Application to the Violence Against Women Grants Office shall include a State implementation plan describing identified goals and how funds will be used to achieve those goals, and those certifications and assurances listed in Section 2002 of the Violence Against Women Act of 1994.

g) Upon notification by the Violence Against Women Grants Office that an Application has been approved, the Executive Director shall enter into interagency agreements with those implementing agencies designated by the Budget Committee pursuant to subsection (e) above, specifying the terms and conditions under which the programs or projects are to be conducted and the federal funds are to be received. If the Authority is the designated implementing agency, then the Executive Director shall document such terms and conditions, which, to become effective, must be accepted in writing by the Chairman of the Authority. The terms and conditions shall include but not be limited to reporting requirements that reflect fiscal expenditures and progress toward program objectives, compliance with applicable laws and regulations, maintenance of financial and program records beyond the expiration of the agreement, the prohibition of subcontracting or assignment of agreements without prior written approval of the Authority, audit procedures as described in the federal laws and regulations listed in Section 1520.50(a), and the status of the implementing agency as an independent contractor.

History

Source: Amended at 21 Ill. Reg. 8909, effective June 27, 1997

20 Ill. Adm. Code 1520.48 Application and Receipt of Other Federal Program Funds

a) If required by the funding source or if federal program purposes would be furthered by doing so, the Authority shall select funding priorities which shall guide the funding process. Funding priorities may identify the types of eligible implementing agencies, federal program purpose areas, specific project types, or costs that shall be given consideration for funding. Funding priorities shall be selected by the Authority at a public meeting in conformance with the Open Meetings Act [5 ILCS 120] and the Authority's rules (2 Ill. Adm. Code 1750.330), and shall be developed according to the following criteria:

if required by the funding source or if federal program purposes would be furthered by doing so, oral and written comment and testimony received at public meetings conducted in conformance with the Open Meetings Act;
comments from State and local officials, not for profit organizations, or other organizations, entities or persons that have experience and expertise in areas that are relevant to federal program purposes;
information, current research findings and surveys that are relevant to federal program purposes; and
analysis of the needs of eligible implementing agencies, the need to fund projects that cover federal program purposes and the need for items that represent allowable costs, as evidenced by relevant demographic, medical, social science, criminal justice and statistical data, and available resources that already address such needs.

b) The Authority shall review the purposes of federal program funds, other than those subject to Section 1520.40, 1520.46 or 1520.47, and make a determination, at a public meeting in conformance with the Open Meetings Act, as to whether a needs-based or competitive funding process would best meet the overall goals and objectives of the federal program. To make that determination, the Authority shall consider:

the requirements of the funding source, including:

A) the number, and types, of federal program purpose areas;

B) the number, and types, of implementing agencies eligible for funding;

C) the number, and types, of costs to which the funds may be applied; and

D) other conditions and restrictions imposed by the funding source, and State and federal law;

the immediacy of the need to spend the funds, including whether the funds are to be used to serve immediate and vital needs of persons or communities, and whether the length of time during which the funds must be spent is insufficient to allow for a competitive funding process;
the services currently available to meet the needs of the federal program; and
funding priorities as described in subsection (a) above, if it was necessary for the Authority to select such priorities.

c) If the Authority chooses to distribute the funds on a competitive basis as provided in subsection (b) above, then the Executive Director of the Authority shall develop a request for proposals (RFP) based on the following criteria:

funding priorities as described in subsection (a) above, if it was necessary for the Authority to select such priorities;
requirements imposed on the Authority and potential recipient implementing agencies by the funding source, and State and federal law;
the nature and complexity of federal program purpose areas;
the number and types of implementing agencies eligible to receive funds;
an analysis of need, as described in subsection (a)(4) above;
information, current research findings and surveys that are relevant to federal program purposes; and
demographic, medical, social science, criminal justice and statistical data that is relevant to federal program purposes.

d) RFPs developed pursuant to the criteria described in subsection (c) above shall include:

the purposes, goals and objectives of the federal program, and the types of projects that will be considered for funding;
requirements that implementing agencies receiving funds must meet, and adhere to, such as eligibility, reporting and fiscal requirements;
certifications required by the funding source, and State and federal law, including, but not limited to, the State of Illinois Drug-Free Workplace certification, State and federal debarment certifications, and State bribery and bid-rigging certifications;
the criteria by which the Budget Committee or, at the Budget Committee's direction, the Executive Director of the Authority will select proposals for funding; such criteria shall be given an associated weight and shall include:

A) the adequacy with which the proposed project reflects the purposes, goals and objectives of the federal program;

B) whether the proposer is an eligible implementing agency as defined by federal program requirements;

C) the technical merit of the project design, as reflected in the proposal received by the Authority;

D) the qualifications of key personnel, as reflected in the descriptions or resumes that the proposer submitted to the Authority, if the nature of the projects that will be considered for funding calls for an assessment of such criteria;

E) the sufficiency of the proposal's management plan, which includes an assessment of the methods by which the proposer will administer the project, both fiscally and programmatically, to achieve the goals and objectives of the project;

F) the proposer's capability to carry out the goals and objectives of the project in the manner reflected by the proposal received by the Authority;

G) the adequacy of the proposed project budget, which includes an assessment of the reasonableness and allowability of the costs that were estimated and included in the budget;

H) the proposer's history of administering projects similar to the one proposed and of receiving and managing federal program funds, if applicable; and

I) any additional criteria required by the funding source or that would further federal program purposes;

the deadline by which, and location where, proposals must be received by the Authority;
the total amount, and sources, of federal funding available for distribution through the RFP process, and the maximum amount of federal funding that eligible implementing agencies may apply for through the submission of an RFP;
any matching contribution requirements that shall be imposed upon implementing agencies that receive federal funds;
the anticipated time period of the projects which may be funded;
funding priorities as described in subsection (a) above, if it was necessary for the Authority to select such priorities; and
any other information required by the funding source or that would further federal program purposes.

e) The Budget Committee, or, at the Budget Committee's direction, the Executive Director of the Authority, shall make designations as to specific projects, specific implementing agencies and funding amounts, based on the criteria set forth in the RFP, as described in subsection (d) above; Budget Committee designations shall be made, and Executive Director designations shall be reported, at public meetings conducted in conformance with the Open Meetings Act.

f) If the Authority chooses to distribute the funds using a needs based process, based on the criteria in subsection (b) above, then the Executive Director of the Authority shall make funding recommendations to the Budget Committee, which may include recommendations as to implementing agencies, projects, and costs that should be covered by federal program funds; the Executive Director's recommendations to the Budget Committee shall be based upon:

funding priorities as described in subsection (a) above, if it was necessary for the Authority to select such priorities;
analysis of the needs of types of eligible implementing agencies, the need to fund projects that will cover federal program purposes, and the need for items, such as equipment or services, that represent allowable costs, as evidenced by relevant demographic, medical, social science, criminal justice and statistical data, and available resources that already address such needs;
requirements imposed by the funding source, and State and federal law, on the Authority and potential recipient implementing agencies;
the nature and complexity of federal program purpose areas;
the number and types of implementing agencies eligible to receive funds;
comments from the public, State and local officials, not for profit organizations, or other organizations, entities or persons that have experience and expertise in areas that are relevant to federal program purposes; and
information, current research findings and surveys that are relevant to federal program purposes.

g) The Budget Committee shall make designations as to specific projects, specific implementing agencies and funding amounts; Budget Committee designations shall be made at public meetings in conformance with the Open Meetings Act and shall be based upon:

funding recommendations made by the Executive Director of the Authority according to subsection (f) above;
analysis of the needs of eligible implementing agencies, the need to fund projects that will cover federal program purposes, and the need for items, such as equipment or services, that represent allowable costs, as evidenced by relevant demographic, medical, social science, criminal justice and statistical data, and available resources that already address such needs;
comments from the public, State and local officials, not for profit organizations, or other organizations, entities or persons that have experience and expertise in areas that are relevant to federal program purposes;
the period of availability of the federal program funds and the immediacy of the need to spend the funds, including whether federal program funds are to be used to serve immediate and vital needs of persons or communities that specific implementing agencies and specific projects could readily address;
the likelihood that a specific project type will achieve the overall goals and objectives of the federal program by: making an assessment of the adequacy with which a specific project type will meet the purposes, goals and objectives of the federal program; examination of the results of evaluations of existing similar projects; and analysis of results of tests or demonstrations that are relevant to the federal program's purposes, goals and objectives;
the effectiveness of a specific project type, by making an assessment of the manner in which a particular problem will be addressed by the project type;
the efficiency with which a specific implementing agency could administer a project and the overall costs of specific project types; and
the ability of a specific entity to secure alternate funding sources for the project once federal program funds are no longer available.

h) Pursuant to applicable federal legislation and guidelines, the Application to the funding source shall include all information, certifications and assurances that are required by the funding source.

i) Subsequent to notification by the funding source that an Application has been approved, the Executive Director shall enter into interagency agreements with those implementing agencies designated to receive federal program funds pursuant to subsections (e) and (g) above, specifying the terms and conditions under which the projects are to be conducted and the federal funds are to be received. If the Authority is the designated implementing agency, then the Executive Director shall document such terms and conditions, which, to become effective, must be accepted in writing by the Chairman of the Authority. The terms and conditions shall include but not be limited to reporting requirements that reflect fiscal expenditures and progress toward program objectives, compliance with applicable laws and regulations, maintenance of financial and program records beyond the expiration of the agreement, the prohibition of subcontracting or assignment of agreements without prior written approval of the Authority, audit procedures as described in the federal laws and regulations listed in Section 1520.50(a), and the status of the implementing agency as an independent contractor.

History

Source: Added at 21 Ill. Reg. 8909, effective June 27, 1997

20 Ill. Adm. Code 1520.50 Administration of Federal Funds

a) All implementing agencies shall operate in conformance with the following state and federal laws, rules, regulations and guidelines, when applicable, hereby incorporated by reference: the Victims of Crime Act of 1984; the Anti-Drug Abuse Act of 1988; the Violence Against Women Act of 1994; the Office of Justice Programs' Financial Guide; the Office of Management and Budget Circular A-128 (50 FR 19114, effective April 12, 1985); the Office of Management and Budget Circular A-133 (61 FR 19133, effective April 30, 1996); the Illinois Grant Funds Recovery Act [30 ILCS 705]; the Illinois Purchasing Act [30 ILCS 505]; the State Comptroller Act [15 ILCS 405]; the U.S. Department of Justice, Bureau of Justice Assistance, Rules for Criminal Justice Block Grants (28 CFR 33.1 et seq., effective May 30, 1985); the U.S. Department of Justice Regulations Governing Criminal History Record Information Systems (28 CFR 20.1 et seq., effective December 6, 1977); the U.S. Department of Justice Regulations Governing the Confidentiality of Identifiable Research and Statistical Information (28 CFR 22.1 et seq., effective December 15, 1976); the Office of Justice Programs Victim Assistance Grant Program Final Program Guidelines (60 FR 55051 et seq., effective October 27, 1995); the Department of Justice Program Guidelines for the Drug Control and System Improvement Formula Grant Program (53 FR 52244 et seq., effective December 27, 1988); the Department of Justice Program Guidelines for the STOP Violence Against Women Formula and Discretionary Grants Program (Grants to Combat Violent Crimes Against Women) (28 CFR 90 et seq., effective April 18, 1995); and any other federal legislation and guidelines that are applicable to federal program funds that the Authority administers. The laws, rules, regulations and guidelines incorporated by reference in this subsection do not include any subsequent amendments or editions. The Authority shall maintain a copy of said incorporated materials and shall make them available for public inspection or copying upon request at no more than cost.

b) Notwithstanding subsection (c) below, the Executive Director shall suspend performance of any interagency agreement for a period not to exceed 28 days where there has been a determination of nonconformance with any state or federal statute or regulation, such rules, regulations and guidelines specified in subsection (a) above, or the terms or conditions of the agreement. The Executive Director shall reinstate performance of an agreement that has been so suspended if the nonconformance is corrected within 28 days from the date of suspension. However, notwithstanding subsection (c) below, an interagency agreement, for which performance has been suspended, shall be terminated by the Executive Director if performance of the interagency agreement is not reinstated within 28 days from its suspension. Written notice of all such actions by the Executive Director shall be submitted to the implementing agency and members of the Budget Committee as soon as possible, but within five working days.

c) Upon the request of an implementing agency, the Executive Director shall extend the length of time performance of an interagency agreement may be suspended beyond 28 days for an additional period not to exceed 14 days, if the nonconformance for which performance of the agreement was suspended can be corrected within such extension period and such correction would result in fulfillment of the terms of the agreement. Such an extension shall be granted by the Executive Director only with the consent of the chairman of the Budget Committee or, in the event the chairman of the Budget Committee is unavailable for consultation, the Chairman of the Authority. Such consent shall be granted if the nonconformance for which performance of the agreement was suspended can be corrected within such extension period and such correction would result in fulfillment of the terms of the agreement. Since an extension granted by the Executive Director pursuant to this subsection is initiated by the implementing agency, it shall not be deemed an adverse action under these rules. However, an interagency agreement, for which the period of suspended performance has been extended pursuant to this subsection, shall be terminated by the Executive Director if performance of the interagency agreement has not been reinstated by the Executive Director before the extension period has expired. Such termination may then be appealed as provided by Section 1520.60. Written notice of all such actions by the Executive Director shall be submitted to the implementing agency and members of the Budget Committee as soon as possible, but within five working days.

d) The Executive Director shall immediately terminate any interagency agreement for any reason of nonconformance specified in subsection (b) above, if performance of the agreement has been suspended on at least one prior occasion or if such nonconformance cannot be corrected by the implementing agency in less than 28 days from the date of termination. Written notice of such termination by the Executive Director shall be submitted to the implementing agency and members of the Budget Committee as soon as possible, but within five working days.

e) The Executive Director shall approve any revision to an interagency agreement if such action is necessary to fulfill the terms of the agreement. Material revisions shall be reported to the Budget Committee members at or before the next Budget Committee meeting. However, if a request by an implementing agency for a material revision to an interagency agreement is denied by the Executive Director, written notice of such denial shall be submitted to the implementing agency and members of the Budget Committee as soon as possible, but within five working days.

History

Source: Amended at 21 Ill. Reg. 8909, effective June 27, 1997

20 Ill. Adm. Code 1520.60 Appeals

a) The appeals procedures of the Authority are subject to the provisions of Article 10 of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, pars. 1010-5 et seq.).

b) An implementing agency may appeal any adverse action of the Executive Director by writing to the Budget Committee within fourteen (14) days from the day the notice of adverse action is mailed to the implementing agency. This written appeal shall contain specific reasons stating why the action taken by the Executive Director should be modified and the action requested of the Budget Committee and shall be signed by the implementing agency's authorized official.

c) If no timely appeal is taken from an adverse action, such action of the Executive Director will be deemed the final action of the Budget Committee, and Authority members shall be notified within five (5) business days or before the next Authority meeting, whichever is sooner − by phone, mail or equivalent − of the action of the Executive Director.

d) When an appeal is timely filed, the Chairman of the Budget Committee shall arrange for the Committee to hear and decide the appeal within forty-nine (49) days of the receipt of the written appeal. The implementing agency shall have a right to appear before the Committee and to be represented at the hearing by counsel and shall be notified of the hearing date at least seven (7) days prior to the hearing.

e) At the hearing, the Budget Committee shall consider the written appeal to the adverse action submitted pursuant to subsection (b), any written response to that appeal by Authority staff, and any testimony given by the implementing agency or Authority staff to questions posed by Committee members.

f) The Budget Committee shall render a decision on the appeal before adjourning the hearing.

g) In accordance with the Organizational Rules of the Illinois Criminal Justice Information Authority (2 Ill. Adm. Code 1750.340), Authority members shall be notified within five (5) business days or before the next Authority meeting whichever is sooner − by phone, mail or written equivalent − of all appeal decisions made by the Budget Committee. Within ten (10) business days of receipt of such information, a special meeting of the Authority shall be convened upon the request of five (5) Authority members, for the purpose of fully discussing such action taken by the Budget Committee and to supersede the authorization granted to that Committee to act upon the Authority's behalf in any particular appeal. If no such action is taken by the Authority, the decision of the Budget Committee shall be deemed the final action of the Authority. Such meetings shall be conducted in conformance with the Open Meetings Act (Ill. Rev. Stat. 1983, ch. 102, par. 41, et seq.) and the Authority's rules (2 Ill. Adm. Code 1750.310 et seq.).

Part 1560 Operating Procedures for the Administration of Non-Federal Grant Funds

20 Ill. Adm. Code 1560.10 Purpose and Authorization

The Illinois Criminal Justice Information Authority (Authority) establishes this Part to exercise its responsibility to apply for, receive, establish priorities for, allocate, disburse and spend grant funds that are made available by private sources [20 ILCS 3930/7(k)], to receive, expend and account for such funds of the State of Illinois as may be made available to further the purposes of the Act [20 ILCS 3930/7(1)], to enter into contracts and to cooperate with units of general local government or combinations of such units, State agencies, and criminal justice system agencies of other states for the purpose of carrying out the duties of the Authority imposed by the Act [20 ILCS 3930/7(m)], to enter into contracts and cooperate with units or general local government outside of Illinois, other states' agencies, and private organizations outside of Illinois to provide computer software or design that has been developed for the Illinois Criminal Justice System, or to participate in the cooperative development or design of new software or systems to be used by the Illinois Criminal Justice System [20 ILCS 3930/7(n)], to establish general policies concerning criminal justice information systems and to promulgate such rules, regulations and procedures as are necessary to the operation of the Authority [20 ILCS 3930/7(o)] and shall, subject to appropriation, establish a sexual assault nurse examiner (SANE) pilot program [20 ILCS 3930/7.1(c)].

History

Source: Amended at 24 Ill. Reg. 8243, effective May 30, 2000

20 Ill. Adm. Code 1560.20 Definitions

"Adverse Action" – The term "adverse action" means any or all of the following with respect to non-federal grant funds administered by the Authority:

The suspension by the Executive Director of the performance of an interagency agreement for more than 28 days aggregated within a twelve month period, exclusive of any period of extension that may be granted under Section 1560.40.

The termination of an interagency agreement by the Executive Director.

The denial by the Executive Director of a request for a material revision to an interagency agreement.

"Budget Committee" – The term "Budget Committee" means the Budget Committee of the Authority as empowered by the Organizational Rules of the Illinois Criminal Justice Information Authority (2 Ill. Adm. Code 1750.340).

"Executive Director" – The term "Executive Director" means the Executive Director of the Authority (see 20 ILCS 3930/6 and 2 Ill. Adm. Code 1750.350).

"Grantor" – The term "grantor" means any entity that provides the non-federal grant funds to the Authority.

"Interagency Agreement" – The term "interagency agreement" means a contract between the Authority and a State agency, unit of local government, or other public or private organization whereby the Authority provides non-federal grant funds to carry out specified programs, services or activities.

"Implementing Agency" – The term "implementing agency" means any party, including the Authority, designated to receive funds administered by the Authority pursuant to this Part.

History

Source: Amended at 24 Ill. Reg. 8243, effective May 30, 2000

20 Ill. Adm. Code 1560.30 Application and Receipt of Non-Federal Grant Funds

a) The authority shall review the funding purposes set forth by the grantor and invite state agencies, units of local government, and private organizations to submit recommendations for implementing such purposes. Based on the specified purposes of the funds and the needs and recommendations of units of local government and private organizations, the Authority shall select funding priorities at a public meeting in conformance with the Open Meetings Act (Ill. Rev. Stat. 1989, ch. 102, par. 41 et seq.) and the Authority's rules (2 Ill. Adm. Code 1750.310 et seq.).

b) Based upon the funding priorities selected by the Authority pursuant to subsection (a) above, the Executive Director shall use the following evaluation criteria to identify those state agencies, units of local government and private organizations eligible for non-federal grant funding:

an analysis of need as evidenced by demographic, criminal justice and other data relevant to the purposes set forth by the grantor and resources already available to address that need;
comments from the public and state and local officials and private organizations
current research findings based on data relating to the purposes set forth by the grantor.

A state agency, unit of local government or a private organization, so identified, shall be contacted by the Executive Director to assess its interest in and ability to qualify for the funds pursuant to the requirements of the grantor and, if so interested and so qualified, to prepare a program description that identifies the problem to be addressed, states goals and objectives, and indicates the means by which the state agency, unit of local government or private organization proposes to achieve those objectives. A state agency, unit of local government or private organization not so identified by the Executive Director shall, upon written request to the Executive Director, be included among those state agencies, units of local government and private organizations evaluated by the Executive Director pursuant to the criteria described herein.

c) The Budget Committee shall, at a public meeting, designate programs, implementing agencies and amounts for funding which address one or more of the purposes specified by the Authority in subsection (a) above consistent with the conditions of the grant award. The Budget Committee's decision to designate these programs, implementing agencies, and fund amounts shall be based upon equal consideration of the following factors:

the recommendations of the Executive Director made pursuant to subsection (b) above;
comments from the public, state and local officials and private organizations;
the proven effectiveness of a program, by making a prudent assessment of the problem to be addressed by a proposed program;
the likelihood that a program will achieve the desired objectives, by making a prudent assessment of the concepts and implementation plans included in a proposed program and by the results of any evaluations of previous tests or demonstrations;
the availability of funds;
the overall cost of the program; and
the ability to continue with the program once grant funds are no longer available.

d) The Executive Director shall enter into interagency agreements with those implementing agencies designated by the Budget Committee pursuant to subsection (c) above, specifying the terms and conditions under which the programs, services, or activities are to be conducted and the non-federal grant funds are to be received. If the Authority is the designated implementing agency, then the Executive Director shall document such terms and conditions which, to become effective, must be accepted in writing by the Chairman of the Authority. The terms and conditions shall include but not be limited to reporting requirements that reflect fiscal expenditures and progress toward program objectives, compliance with applicable laws and regulations, the prohibition of subcontracting or assignment of agreements without prior written approval of the Authority, and the status of the implementing Agency as an independent contractor.

20 Ill. Adm. Code 1560.31 Application and Receipt of Sexual Assault Nurse Examiner (sane) General Revenue Funds

a) The Illinois General Assembly intends to create a sexual assault nurse examiner (SANE) pilot program to establish SANE projects geographically distributed throughout Illinois. Subject to an appropriation of general revenue funds ("SANE funds") from the Illinois General Assembly, the Illinois Criminal Justice Information Authority ("Authority") will implement the SANE pilot program, including SANE pilot projects in hospital emergency rooms geographically distributed throughout Illinois. For each SANE pilot project, specially trained sexual assault nurse examiners or specially trained sexual assault physician examiners will provide health assessments, collect forensic evidence from sexual assault victims in the emergency room, and testify to victims' injuries during criminal prosecutions of sex offenses.

b) The Authority shall review the funding purposes of the SANE pilot program set forth by authorizing legislation [20 ILCS 3930/7.1] and invite eligible hospitals to submit proposals to implement the SANE pilot program through a request for proposal (RFP) process. Based on the authorizing legislation and the proposals received in response to the Authority's RFP, the Authority shall select proposals for SANE funding at a public meeting in conformance with the Open Meetings Act [5 ILCS 120] and the Authority's rules (2 Ill. Adm. Code 1750.310 et seq.).

c) The Executive Director of the Authority shall develop an RFP based on the following criteria:

the SANE pilot program authorizing legislation [20 ILCS 3930/7.1];
requirements imposed on the Authority and potential recipient implementing agencies by applicable law, regulations and guidelines;
the nature and complexity of the SANE pilot program;
the types of hospitals eligible to receive SANE funds; and
current research findings, and demographic, medical, social science, criminal justice and statistical data that is relevant to SANE program purposes.

d) RFPs developed pursuant to the criteria described in subsection (c) above shall include:

the purposes, goals and objectives of the SANE pilot program, and the types of SANE pilot projects and costs that will be considered for funding;
requirements that implementing agencies receiving SANE funds must meet, and adhere to, such as hospital eligibility requirements and fiscal, progress and closeout reporting requirements;
certifications required by law, including, but not limited to, the State of Illinois Drug-Free Workplace certification and State bribery and bid-rigging certifications;
descriptive information that applicants will be required to provide regarding the proposed SANE pilot project, including a description of the applicant hospital and the programs and services it currently provides to victims of sexual assault; a summary of the proposed project; a statement of the need for, and the goals and objectives of, the project; the strategy the applicant will undertake to meet the goals and objectives of the project, which should include the training of project staff through an approved SANE training program; an implementation schedule for the project that includes activities to be undertaken to accomplish each objective, the person responsible for each activity and the expected completion date for each activity; and a project budget that explains how budgeted items are related and necessary to the project and how costs were calculated;
the criteria by which the Executive Director of the Authority will review and recommend proposals for funding; such criteria shall be given an associated weight and shall include:

A) the adequacy with which the proposed SANE pilot project reflects the purposes, goals and objectives of the SANE pilot program;

B) whether the applicant is an eligible hospital as defined by SANE pilot program requirements;

C) the adequacy with which the applicant describes and supports the need for the SANE pilot project within the applicant's hospital emergency room;

D) the qualifications of key personnel that will perform SANE pilot project activities;

E) the technical merit of the proposed SANE pilot project design, as reflected in the proposal received by the Authority; this criteria includes an assessment of the sufficiency of the proposed project in addressing the purposes, goals and objectives of the SANE pilot program; an assessment of the methods by which the proposed project will implement and adhere to SANE programmatic and training requirements and standards; and an assessment of how the applicant will administer the project, both fiscally and programmatically, to achieve the purposes, goals, objectives, and project duration requirements of the SANE pilot program;

F) the applicant's capability to carry out the goals and objectives of the SANE pilot program in the manner reflected in the proposal received by the Authority;

G) the adequacy of the proposed project budget, which includes an assessment of the reasonableness and allowability of the costs that were estimated and included in the budget;

H) the applicant's ability and commitment to providing victim centered services to victims of sexual assault and collaboration with other organizations and agencies to improve the response to sexual assault victims;

I) the ability of the applicant to sustain the SANE pilot project if State or federal funding is not available; and

J) any additional criteria that would further SANE program purposes;

the method and deadline by which, and location where, proposals must be received by the Authority;
the total amount of SANE funding available for distribution through the RFP process, and the maximum amount of SANE funding that eligible implementing agencies may apply for through the submission of an RFP;
the required project duration requirements of the SANE pilot program in accordance with the program authorizing legislation [20 ILCS 3930/7.1]; and
any other information that would further SANE program purposes.

e) Based upon SANE pilot program authorizing legislation and the above proposal review criteria, the Executive Director shall identify those applicants with the best proposals that are geographically distributed throughout the State, and recommend those applicants for SANE funding approved by the Budget Committee.

f) The Budget Committee shall, at a public meeting, designate implementing agencies and amounts for SANE pilot projects that are geographically distributed throughout the State. The Budget Committee's decision to designate SANE pilot projects, implementing agencies, and fund amounts shall be based upon the recommendations of the Executive Director and the criteria set forth in the RFP, as described in subsection (d) above; Budget Committee designations shall be made at a public meeting conducted in conformance with the Open Meetings Act.

g) The Executive Director shall enter into interagency agreements with those implementing agencies designated by the Budget Committee, specifying the terms and conditions under which the SANE pilot projects are to be conducted and SANE funds are to be received. The terms and conditions shall include but not be limited to reporting requirements that reflect fiscal expenditures and progress in meeting SANE pilot program objectives, compliance with applicable laws and regulations, the prohibition of subcontracting or assignment of agreements without prior written approval of the Authority, and the status of the implementing agency as an independent contractor.

h) No later than two years after the SANE pilot projects are established, the Authority shall report to the Illinois General Assembly on the efficacy of the SANE pilot program.

History

Source: Added at 24 Ill. Reg. 8243, effective May 30, 2000

20 Ill. Adm. Code 1560.40 Administration of Non-Federal Grant Funds

a) All implementing agencies shall operate in conformance with the following State laws, when applicable, hereby incorporated by reference: the Illinois Grant Funds Recovery Act [30 ILCS 705]; the Illinois Procurement Code [30 ILCS 500]; and the State Comptroller Act [15 ILCS 405]. The laws and rules incorporated by reference in this subsection do not include any subsequent amendments or editions. The Authority shall maintain a copy of said incorporated materials and shall make them available for public inspection or copying upon request at no more than cost.

b) Notwithstanding subsection (c) below, the Executive Director shall suspend performance of any interagency agreement for a period not to exceed 28 days where there has been a determination of nonconformance with any federal or State law or rule, such laws specified in subsection (a) above, or the terms or conditions of the agreement. The Executive Director shall reinstate performance of an agreement that has been so suspended if the nonconformance is corrected within 28 days from the date of suspension. However, notwithstanding subsection (c) below, an interagency agreement, for which performance has been suspended, shall be terminated by the Executive Director if performance of the interagency agreement is not reinstated within 28 days from its suspension. Written notice of all such actions by the Executive Director shall be submitted to the implementing agency and members of the Budget Committee as soon as possible, but within 5 working days.

c) Upon the request of an implementing agency, the Executive Director shall extend the length of time performance of an interagency agreement may be suspended beyond 28 days for an additional period not to exceed 14 days, if the nonconformance for which the performance of the agreement was suspended can be corrected within the extension period and the correction would result in fulfillment of the terms of the agreement. An extension shall be granted by the Executive Director only with the consent of the Chairman of the Budget Committee or in the event the Chairman of the Budget Committee is unavailable for consultation, the Chairman of the Authority. Since an extension granted by the Executive Director pursuant to this subsection is initiated by the implementing agency, it shall not be deemed an adverse action under this Part. However, an interagency agreement, for which the period of suspended performance has been extended pursuant to this subsection, shall be terminated by the Executive Director if performance of the interagency agreement has not been reinstated by the Executive Director before the extension period has expired. Termination may then be appealed as provided by Section 1560.60. Written notice of all such action by the Executive Director shall be submitted to the implementing agency and members of the Budget Committee as soon as possible, but within 5 working days.

d) The Executive Director shall immediately terminate any interagency agreement for any reason of nonconformance specified in subsection (b) above, if performance of the agreement has been suspended on at least one prior occasion or if such nonconformance cannot be corrected by the implementing agency in less than 28 days from the date of termination. Written notice of termination by the Executive Director shall be submitted to the implementing agency and members of the Budget Committee as soon as possible, but within 5 working days.

e) The Executive Director shall approve any revision to an interagency agreement if action is necessary to fulfill the terms of the agreement. Material revisions shall be reported to the Budget Committee members at or before the next Budget Committee meeting. However, if a request by an implementing agency for a material revision to an interagency agreement is denied by the Executive Director, written notice of denial shall be submitted to the implementing agency and members of the Budget Committee as soon as possible, but within 5 working days.

History

Source: Amended at 24 Ill. Reg. 8243, effective May 30, 2000

20 Ill. Adm. Code 1560.50 Appeals

a) The appeals procedures for this Part are subject to provisions of Article 10 of the Illinois Administrative Procedure Act [5 ILCS 100/Art.10].

b) An implementing agency may appeal any adverse action of the Executive Director by writing to the Budget Committee within 14 days from the day the notice of adverse action is mailed to the implementing agency. This written appeal shall contain specific reasons stating why the adverse action taken by the Executive Director should be modified and the action requested of the Budget Committee and shall be signed by the implementing agency's authorized official.

c) If no timely appeal is taken from an adverse action, such action of the Executive Director will be deemed the final action of the Budget Committee, and Authority members shall be notified within 5 business days or before the next Authority meeting, whichever is sooner – by phone, mail or written equivalent – of the action of the Executive Director.

d) When an appeal is timely filed, the Chairman of the Budget Committee shall arrange for the Committee to hear and decide the appeal within 49 days of the receipt of the written appeal. The implementing agency shall have the right to appear before the Committee and to be represented at the hearing by counsel and shall be notified of the hearing date at least 7 days prior to the hearing.

f) The Budget Committee shall render a decision on the appeal before adjourning the hearing.

g) In accordance with the Organizational Rules of the Illinois Criminal Justice Information Authority (2 Ill. Adm. Code 1750.340), Authority members shall be notified within 5 business days or before the next Authority meeting whichever is sooner – by phone, mail or written equivalent – of all appeal decisions made by the Budget Committee. Within 10 business days after receipt of such information, a special meeting of the Authority shall be convened upon signed request of 5 Authority members, for the purpose of fully discussing such action taken by the Budget Committee and to supersede the authorization granted to that Committee to act upon the Authority's behalf in any particular appeal. If no action is taken by the Authority, the decision of the Budget Committee shall be deemed the final action of the Authority. Meetings shall be conducted in conformance with the Open Meetings Act [5 ILCS 120] and the Authority's rules (2 Ill. Adm. Code 1750.310 et seq.).

History

Source: Amended at 24 Ill. Reg. 8243, effective May 30, 2000

Part 1570 Fees for Processing Requests for Conviction Information

20 Ill. Adm. Code 1570.10 Purpose and Authorization

Pursuant to the Illinois Uniform Conviction Information Act (20 ILCS 2635] ("the Act), the Illinois Criminal Justice Information Authority is charged with the responsibility of establishing the form, manner and maximum fee that criminal justice agencies other than the Department of State Police may charge for assisting in the processing of requests for conviction information under the Act. These rules describe the procedure to be followed by a criminal justice agency in processing a request for conviction information under the Act and the method for establishing the fee to be charged for providing such assistance.

20 Ill. Adm. Code 1570.20 Definitions

Terms used in this Part have the meaning ascribed to them in the Act. In addition, unless the context otherwise requires, the following terms have the meaning ascribed to them herein:

"Authority" means the Illinois Criminal Justice Information Authority.

"CIR Form" means the Conviction Information Request Form adopted by the Department of State Police (20 Ill. Adm. Code 1215) for requesting information under the Act.

"Individual record subject" means the person whose fingerprints are being taken pursuant to a request to obtain conviction information under the Act.

20 Ill. Adm. Code 1570.30 Form and Manner for Assisting in the Processing of Conviction Information

a) A criminal justice agency that assists in the processing of criminal conviction information requests pursuant to the Act shall do so as follows:

Provide such assistance, at a minimum, during its regular business hours, Monday through Friday, excluding holidays.
Verify the identity of the individual record subject. In making this verification, the agency shall require at least two forms of identification, one of which shall be a photographic identification. Acceptable photographic identification shall be of a nature that cannot easily be forged, such as valid passports or driver's licenses, identification cards issued by the Secretary of State, or military or other photographic identification of a similar reliability.
After verification of the identity of the individual record subject, the personnel of the criminal justice agency shall fingerprint the record subject on a CIR Form. It shall be the responsibility of the requester to obtain such form from the Department of State Police.
The criminal justice agency shall review the CIR Form to verify that it is accurately completed, as appropriate, by the requester, in conformance with the requirements of the Department of State Police.
The criminal justice agency may charge the requester a fee pursuant to Section 1570.40.
The criminal justice agency shall return the CIR Form to the requester, who shall be responsible for mailing it to the Department of State Police.

b) A local criminal justice agency that does not assist in processing a request for conviction information pursuant to the Act shall inform the requester that the conviction information sought can be obtained directly from the Department of State Police at the following address or phone number:

Illinois State Police

Bureau of Identification

260 North Chicago St.

Joliet, Illinois 60431

Telephone number: (815) 740-5160

20 Ill. Adm. Code 1570.40 Cost Criteria for the Fee to Be Charged

a) The Authority shall establish the maximum fee that may be charged by criminal justice agencies other than the Department of State Police for assisting in the processing of requests for conviction information made pursuant to the Act. This fee shall be based on a reasonable estimate of the actual costs to participating criminal justice agencies throughout the State to comply with these rules.

b) In establishing the maximum fee that a criminal justice agency other than the Department of State Police may charge, the Authority shall consider the following criteria:

Personnel Costs. The fee charged shall include all personnel costs necessary to assist in the processing of the request forms. Such costs shall include time allocated for:

A) Giving instructions to the requester,

B) Fingerprinting the individual record subject,

C) Reviewing the CIR Form,

D) Processing the fee, and

E) Supervising and training personnel to comply with these rules.

Tangible Costs. The fee charged shall include all expenses incurred by a criminal justice agency other than the Department of State Police which are directly attributable to assisting in the processing of requests for conviction information. Such costs shall include, as may be appropriate, the cost for:

A) Fingerprinting materials and supplies such as ink, rollers, cleaning fluids, and towels, and

B) Telecommunications services.

20 Ill. Adm. Code 1570.50 Fee Determination

a) Pursuant to Section 1570.40, the Authority shall establish the maximum fee for each calendar year by September 30 of the preceding year. In establishing this fee amount, the Authority shall consult with representatives of criminal justice agencies, and representatives of municipal, civic, and business groups to:

establish a reasonable estimate of the actual costs to participating criminal justice agencies throughout the State to comply with this Part, and
determine if there would be an unreasonable negative impact or undue burden placed on requesters of conviction information.

b) Pursuant to the Act, nothing herein shall be deemed to prevent a criminal justice agency from waiving or reducing the fee established pursuant to Section 1570.40.

c) For the calendar year 2005 and each year thereafter, the maximum fee established by the Authority that a criminal justice agency other than the Department of State Police may charge and assess under this Part shall be $24.

History

Source: Amended at 29 Ill. Reg. 6907, effective May 1, 2005

20 Ill. Adm. Code 1570.60 Notification of Fee Amount

a) Within seven working days after the fee has been established for a calendar year, the Authority shall inform the chief executive officer of each criminal justice agency in Illinois of the amount of the fee. However, notice of the fee for a calendar year shall be given no later than December 15th of the preceding calendar year.

b) Other interested agencies, organizations, and the public shall, upon request, also be entitled to be informed of the amount of the fee set by the Authority. Within 7 working days after receipt of such a request, the Executive Director of the Authority shall inform the requester of the fee approved by the Authority. Requests for notification of the fee amount may be made by calling the Authority at (312)793-8550 or TDD (312)793-4170 between 8:30 a.m. and 5:00 p.m. on working days or by writing to:

Executive Director

Illinois Criminal Justice Information Authority

120 South Riverside Plaza

Chicago, Illinois 60606

Part 1580 Protection of Human Subjects in Research Conducted by the Authority

20 Ill. Adm. Code 1580.10 Purpose and Applicability

a) The Illinois Criminal Justice Information Authority (Authority) establishes this Part to institute procedures applicable to the creation and operation of an Institutional Review Board (IRB). The IRB shall review research involving human subjects that is conducted, sponsored, or supported by the Authority, to ensure the protection of human subjects. All research subject to this Part must have IRB review and approval before data collection for the research begins.

b) This Part was derived from and corresponds to 28 CFR 46, which requires institutions that receive federal funding for purposes of research involving human subjects to adhere to, and to establish and operate an IRB in accordance with, federal regulations. This Part is applicable to all research that is conducted, sponsored, or supported by the Authority that involves human subjects, whether or not it is federally funded.

c) Research involving human subjects that is conducted, sponsored, or supported by the Authority, for purposes of this Part, includes the following:

Research involving human subjects that is conducted by an Authority employee, within the scope of the employee's employment, that has not otherwise been reviewed and approved by an IRB that adheres to all applicable laws and regulations. The executive director of the Authority reserves the right to require research conducted by an Authority employee, within the scope of the employee's employment, that has been reviewed and approved by an IRB that adheres to all applicable laws and regulations to be subject to additional IRB review and approval, in accordance with this Part.
Research involving human subjects that is funded by the Authority, but conducted by an independent contractor, that has not otherwise been reviewed and approved by an IRB that adheres to all applicable laws and regulations. The executive director of the Authority reserves the right to require research involving human subjects that is funded by the Authority, but conducted by an independent contractor, that has been reviewed and approved by an IRB that adheres to all applicable laws and regulations, to be subject to additional IRB review and approval, in accordance with this Part.

20 Ill. Adm. Code 1580.20 Definitions

"Certifications" means the official notification by the Authority to the appropriate funding agency that a research project or activity involving human subjects has been reviewed and approved by an IRB; and the official notification by the Authority to the funding agency that applicable laws and regulations regarding confidentiality and privacy of identifiable research information have been adhered to.

"Exempt research" means research that involves human subjects, but according to applicable laws and regulations, including but not limited to 28 CFR 46.101(b), does not require IRB review and approval.

"Human subject" means a living individual about whom a researcher obtains data through intervention or interaction with the individual or identifiable private information.

"IRB" means an institutional review board established in accordance with and for the purposes expressed in this Part.

"IRB approval" means the determination of the IRB that the research has been reviewed and may be conducted within the constraints set forth by the IRB and by other applicable laws and regulations.

"Research" means a systematic investigation designed to develop or contribute to generalizable knowledge.

20 Ill. Adm. Code 1580.30 Institutional Review Board Composition

a) An IRB shall be qualified through the experience, expertise, and diversity of its members, considering race, gender, cultural backgrounds and sensitivity to issues such as community attitudes. The IRB shall review proposed research in light of existing Authority commitments; applicable laws, regulations and guidelines; and standards of professional conduct and practice. The IRB shall include persons with expertise in these areas.

b) IRB members shall be appointed by the executive director of the Authority. An IRB must consist of at least five members with varying backgrounds. The Authority must adhere to the following IRB membership rules:

Every nondiscriminatory effort must be made to ensure that an IRB does not consist entirely of men or entirely of women.
An IRB must not consist entirely of members of one profession.
An IRB must include at least one member whose primary concerns are in scientific areas.
An IRB must include at least one member whose primary concerns are in nonscientific areas.
An IRB must include at least one member who is not otherwise affiliated with, or part of the immediate family of a person who is affiliated with, the Authority.
An IRB member must not participate in the initial or continuing review of any project in which the member has a conflict of interest, except to provide information requested by the IRB.
An IRB may, in its discretion, invite individuals with special expertise to assist in the review of issues requiring that expertise. These individuals may not vote with the IRB.
An IRB must reflect all applicable laws and regulations regarding IRB membership.

20 Ill. Adm. Code 1580.40 Institutional Review Board Procedures

a) The general counsel of the Authority shall review all research applications involving human subjects to determine whether the application involves exempt research. If the general counsel determines that the research is exempt, the general counsel shall provide notice of, and justification for, this determination to the IRB members and the executive director of the Authority. If the general counsel does not receive any notice of disagreement with a determination of exempt status from IRB members within 10 working days after the mailing date of the notice, then the determination that the research is exempt will be considered approved by the IRB. If the general counsel receives notice of disagreement with a determination of exempt status from any IRB member, the research will be considered non-exempt and subject to IRB review and approval under this Part. Research projects determined to be exempt are not subject to further IRB review and approval. A determination by the IRB that a research project is exempt is subject to override by the executive director of the Authority.

b) All research applications involving human subjects that do not involve exempt research shall be reviewed by the IRB, in accordance with this Part. The IRB review of research applications must occur at meetings subject to the Open Meetings Act [5 ILCS 120]. IRB meetings must include a majority of IRB members who are present at the meeting in person or by electronic means, including at least one member whose expertise is in nonscientific areas. Minutes covering all activities will be taken and made available to the Authority.

c) The IRB shall operate in accordance with all applicable laws and regulations. The IRB has the authority to approve or disapprove, require modification to, or observe research. The IRB must provide written notification to the executive director of the Authority and researchers of approval or disapproval of, or required modifications to, proposed research.

d) The IRB may approve research applications involving human subjects if the IRB has determined that all of the following requirements are satisfied:

Risks to subjects must be minimized; researchers must use procedures that are consistent with sound research design and do not unnecessarily expose subjects to risk;
Risks to subjects must be reasonable in relation to the expected benefits to subjects and the knowledge that may reasonably be expected to result from the research;
The selection of subjects must be equitable;
Unless otherwise authorized by law or regulation, informed consent must be obtained and appropriately documented for each participating subject or the subject's legally authorized representative. When the IRB determines that the research project must include procedures for obtaining informed consent, the IRB shall ensure that informed consent is obtained under circumstances and through procedures that adhere to all applicable laws and regulations, and minimize any coercion or undue influence upon the subject or representative. Unless otherwise authorized by law or regulation, the following elements of informed consent must be provided to each human subject:

A) An explanation of the purposes of, and procedures involved in, the research and the expected duration of the subject's participation;

B) A description of any reasonably foreseeable risks or discomforts to the subject;

C) A description of any benefits to the subject or to others that may reasonably be expected from the research;

D) A statement describing how the confidentiality of records identifying the subject will be maintained;

E) Information regarding who should be contacted for answers to questions about the research and research subjects' rights and in the event of a research-related injury to the subject;

F) A statement that participation is voluntary, refusal to participate will involve no penalty or loss of benefits to which the subject is otherwise entitled, and the subject may discontinue participation at any time without penalty or loss of those benefits; and

G) Any additional information that the IRB determines would further protect the rights and welfare of the subject;

The research must make any necessary provisions for data monitoring to ensure the safety of subjects;
There are adequate provisions for assuring the privacy of subjects and confidentiality of data;
When the research involves subjects likely to be vulnerable to coercion or undue influence, additional safeguards must be included to protect the rights and welfare of these subjects; and
The research must comply with applicable laws and regulations.

e) The IRB may deny requests to conduct the research for reasons including, but not limited to, that the risks posed to human subjects are too great and for noncompliance with applicable laws and regulations. A notice of disapproval must include the reasons for denial in sufficient detail that allows the researcher to respond. The researcher must be given the opportunity to respond to the denial in person or in writing to the IRB.

f) Research subject to this Part must have the approval of a majority of IRB members present at the meeting before data collection may begin.

20 Ill. Adm. Code 1580.50 Expedited Review

a) Research that involves no more than minimal risk to human subjects and their privacy and confidentiality may be eligible for an expedited review procedure. If so requested by the researcher, the IRB chairperson shall examine the research application and applicable laws and regulations to determine whether the research project involves no more than minimal risk and is eligible for the expedited review procedure. Research projects that are eligible for expedited review include those projects found in the list of research categories published as eligible for expedited review in the Federal Register by the Department of Health and Human Services (see 28 CFR 46.110(a)), and previously approved projects for which minor changes are proposed during the period for which the IRB has already given approval, when those projects or changes involve minimal risk.

b) If a research project is eligible for an expedited review procedure, the review may be carried out by the IRB chairperson or by one or more experienced reviewers designated by the chairperson from among members of the IRB. Under an expedited review procedure, the reviewers must consider provisions of Section 1580.40(d) and may approve the research application if those provisions are adhered to.

c) In reviewing the research application under an expedited review procedure, the reviewers may not disapprove the research application; a research application may be disapproved only after review in accordance with the non-expedited review procedure. Research applications that have been reviewed under, but not approved through, the expedited review procedure shall be subject to further review under the non-expedited review procedure described in Section 1580.40.

d) The IRB chairperson shall keep all IRB members and the executive director of the Authority informed of research proposals that have been approved under the expedited review procedure.

20 Ill. Adm. Code 1580.60 Additional Review Requirements

a) Research projects are subject to IRB review and approval whenever changes are proposed to the research project. Changes may not be initiated without IRB review and approval except when necessary to eliminate apparent immediate hazards to the subjects.

b) For research projects that already have IRB approval, the IRB must perform continuing, periodic reviews at intervals commensurate to the degree of risk the research poses, but at least once a year.

c) Research that is subject to this Part may be subject to further review and approval or disapproval by the executive director of the Authority. Research reviewed by the executive director of the Authority shall be conducted in a manner consistent with the provisions of Section 1580.40. However, the executive director of the Authority may not approve the research if it has not been approved by an IRB.

20 Ill. Adm. Code 1580.70 Reporting Requirements

a) Researchers must report proposed research changes to the IRB and the executive director of the Authority. The executive director of the Authority shall inform the appropriate funding agency.

b) Any unanticipated problems involving risk or harm to subjects or others, noncompliance with applicable laws or regulations, or IRB requirements or determinations, must be immediately reported by the researcher to the IRB and the executive director of the Authority. The Authority and the IRB shall have the authorization and duty to suspend or terminate approval of research that is not being conducted in accordance with applicable laws or regulations, or IRB requirements or determinations, or that has been associated with unexpected risks or harm to subjects or others. Any suspension or termination of approval by the Authority or the IRB shall include a statement of the reasons for that action.

c) The executive director of the Authority shall notify the appropriate funding agency of any unanticipated problems involving risk or harm to subjects or others, any instance of serious or continuing noncompliance with applicable laws or regulations, or IRB requirements or determinations, and all suspensions and terminations of research approval.

d) The executive director of the Authority will forward all required certifications and documentation regarding the IRB review to the appropriate funding agency.

e) The researchers may be required to submit progress reports to the IRB, the nature and frequency of which will be specified by the IRB.

f) The IRB shall submit a report to the Authority's Planning and Research Committee on the actions of the IRB, prior to the committee's regular meetings.

20 Ill. Adm. Code 1580.80 Requirements for Submitting Research Proposals

a) The person or entity requesting the research involving human subjects must submit to the general counsel of the Authority a research application that includes the following written documentation:

A formal research proposal including the names and vitae of the researchers; an abstract of the project; a full description of the project purpose, methodology, protocol, and duration; the number of subjects, the amount of time required for each subject, and a detailed description of the interaction with the subjects; the procedures for obtaining informed consent; the testing or measurement instruments; and Authority resources to be utilized;
Identification of funding sources for the research proposal;
Any certifications and assurances regarding the protection of human research subjects, privacy and confidentiality, that are required by applicable law or regulations; and
Any other information necessary to the IRB review procedure.

b) The general counsel of the Authority will review the application, in accordance with Section 1580.40(a).

20 Ill. Adm. Code 1590.10 Purpose

a) This Part establishes procedures for the implementation of the Violent Crime Witness Protection Program pursuant to the Violent Crime Witness Protection Act. [725 ILCS 173] The purpose of the financial assistance awarded under this Part is to assist victims and witnesses who are actively aiding in the prosecution of perpetrators of violent crime, and appropriate related persons or victims and witnesses determined by the Authority to be at risk of a discernible threat of violent crime. [725 ILCS 173/10]

b) Pursuant to the Violent Crimes Witness Protection Act, ICJIA will provide financial assistance to State's Attorneys Offices, and local police departments for reimbursements associated with payments to Eligible Persons. ICJIA will also provide financial assistance to local law enforcement agencies to establish local violent crime witness protection programs.

History

Source: Amended at 49 Ill. Reg. 16176, effective December 12, 2025

20 Ill. Adm. Code 1590.20 Definitions

Unless specified otherwise, all terms shall have the meanings set forth in Section 5 of the Violent Crime Witness Protection Act [725 ILCS 173]. For purposes of this Part, the following additional definitions apply:

"Act" means the Violent Crime Witness Protection Act. [725 ILCS 173]

"Actively aid prosecution" means to assist a State's Attorney’s Office in the prosecution of violent crime, including, but not limited to, providing a witness statement to law enforcement, providing testimony necessary for the issuance of a warrant, or testifying during a criminal trial.

"Appropriate related persons" means persons, children, siblings, spouses, domestic partner, parents, grandparents, or guardians of a victim or witness actively aiding in the prosecution of a violent crime.

"Awardee" means a recipient of financial assistance pursuant to the Act.

"County Applicants" means State's Attorney's Offices and county sheriff departments.

"Eligible Persons" means victims and witnesses who are actively aiding in the prosecution of perpetrators of violent crime, and appropriate related persons or victims and witnesses determined by the Illinois Criminal Justice Information Authority to be at risk of a discernible threat of violent crime. [725 ILCS 173/10]

"Financial assistance" means financial support to a program participant in the form of a grant or expense reimbursement.

"GATA" means the Grant Accountability and Transparency Act. [30 ILCS 708]

"GATA rules" means 44 Ill. Adm. Code 7000.

"ICJIA" means the Illinois Criminal Justice Information Authority.

"Illinois police agency" means any law enforcement unit of government or municipal corporation in the State of Illinois. It does not include law enforcement divisions of the Illinois State Police, the Secretary of State, or any other office, department, division, bureau, board, commission or agency of the State of Illinois or any university, college or community college police departments. See also "local law enforcement agencies".

"Local law enforcement agencies" means "local law enforcement agency" as defined in Section 2 of the Illinois Police Training Act. See also "Illinois police agency".

"Moving expenses" means expenses necessary to move household goods and personal effects from a former residence to a new residence or expenses necessary to travel from a former residence to a new place of residence. "Moving expenses" shall include reasonable and necessary lodging expenses as determined by the agency seeking reimbursement.

"Program Participant" means a State's Attorney's Office or Illinois police agency that receives financial assistance under the Program.

"State's Attorney's Office" means a State's Attorney's Office located in Illinois.

"Uniform Guidance" means the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards ("Uniform Guidance"), codified at 2 CFR 200.

"Utilities" means service provided by a public utility for essential services such as light, power or water.

"Victim" means:

any natural person determined by the victim service coordinator or victim coordinator, prosecutor, or the court to have suffered direct physical or psychological harm as a result of a violent crime perpetrated or attempted against that person or direct physical or psychological harm as a result of:

a violation of Section 11-501 of the Illinois Vehicle Code or similar provision of a local ordinance; or

a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012;

in the case of a crime victim who is under 18 years of age or an adult victim who is incompetent or incapacitated, both parents, legal guardians, foster parents, or a single adult representative;

in the case of an adult deceased victim, two representatives who may be the spouse, parent, child or sibling of the victim, or the representative of the victim's estate; or

an immediate family member of a victim that is chosen by the victim. If the victim is 18 years of age or over, the victim may choose any person to be the victim's representative. In no event shall the defendant or any person who aided and abetted in the commission of the crime be considered a victim, a crime victim, or a representative of the victim.

"Witness" means:

any person who personally observed the commission of a crime and who may be called to testify on behalf of the prosecution or a person who will be called by the prosecution to give testimony establishing a necessary nexus between the offender and the violent crime.

History

Source: Amended at 49 Ill. Reg. 16176, effective December 12, 2025

Chapter III Illinois Criminal Justice Information Authority

Part 1590 Violent Crime Witness Protection Program

20 Ill. Adm. Code 1590.30 Gata Compliance

Financial Assistance provided according to this Part is subject to GATA and GATA rules, and to the extent the Program is implemented using grant agreements, at a minimum, the provisions of 2 CFR 200.303 and 200.330 through 200.332 of the Uniform Guidance apply to grant recipients.

20 Ill. Adm. Code 1590.40 Form of Financial Assistance

Financial assistance under the Part may be in the form of a grant, subsidy, or expense reimbursement. Regardless of the form of assistance, Program Participants shall be obligated to comply with requirements set forth in the Act, in this Part and in any agreement or certification executed to receive financial assistance under this Part.

20 Ill. Adm. Code 1590.50 Application Process

ICJIA will post one or more Notices of Funding Opportunity (NOFO) on the GATA Grantee Portal seeking applications from eligible entities, contingent upon available funds. The NOFO will describe in detail the types and the purposes for which funding is available. Applicants shall submit their application materials by the deadlines set forth in the NOFO, which will be at least 30 days after posting the NOFO.

20 Ill. Adm. Code 1590.60 Eligibility Requirements and Allowable Expenditures

a) Applicants must meet the following requirements to be eligible for the Program:

applicants must be a State's Attorney's Office, or a local law enforcement agency as defined in this Part; and
applicants must meet all requirements identified in the GATA rules, 44 Ill. Adm. Code 7000.70, including, but not limited to, having an active Unique Entity ID (UEI) and an active SAM.gov account and being in good standing with the Illinois Secretary of State, if applicable.

b) County Applicants seeking financial assistance for payments made to victims and witnesses (see Subpart B) must demonstrate an ability to provide county funding for costs at a level of at least 25% or demonstrate good cause as to the county's inability to provide funding at a level of at least 25%.

c) For county sheriff's departments seeking financial assistance for payments made to victims and witnesses (see Subpart B), applicants must provide proof of notifying the applicable State's Attorney's Office of the intention to seek financial assistance. Proof of notification may include, but is not limited to, an email sent to the State's Attorney's Office, or a postmarked letter mailed to the State's Attorney's Office.

d) An applicant shall be ineligible to receive financial assistance pursuant to this Part if it:

is delinquent on payment of any State of Illinois tax obligation;
is on the Illinois Stop Payment List or in default of any contractual obligation to the ICJIA;
is engaged in a business that is unlawful under Illinois or federal law;
received 50% of the funding appropriated for this program in a given fiscal year;
is on the federal System for Award Management excluded parties list; or
does not meet any other eligibility criteria established in a financial assistance application.

e) Allowable expenditures must be incurred on or after January 1, 2023, and by the deadline identified in any announcement or certification for financial assistance pursuant to this Part.

f) ICJIA will identify allowable expenditures and outline those permitted expenses in a Notice of Funding Opportunity posted on ICJIA's website or generated through the statewide Grant Management System.

g) Ineligible expenditures include:

expenses associated with the investigation and prosecution of criminal activity;
expenses associated with reimbursement for witness notification, witness fees, testimony preparation, and participation in grand jury testimony;
capital expenses, including but not limited to, capital improvements, real estate purchases, mortgage payments, and construction;
expenses associated with research and program evaluation; or
expenses associated with victims of non-violent crime, including but not limited to, stolen property replacement costs and property damage costs.

h) Expenses shall be submitted to the ICJIA for review, either as part of the application process or following selection for financial assistance. Expenses shall be reviewed for eligibility and funding will be provided to Program Participants after verifying the expenditure is allowable under the Act and this Part.

History

Source: Amended at 49 Ill. Reg. 16176, effective December 12, 2025

Chapter III Illinois Criminal Justice Information Authority

Part 1590 Violent Crime Witness Protection Program

20 Ill. Adm. Code 1590.70 Record Retention

a) Recipients of funding pursuant to this Part must retain financial records, supporting documents, statistical records, and all other awardee records per the Local Records Act [50 ILCS 205], GATA rules and the terms in any agreement or certification executed to receive financial assistance under this Part.

b) Under the Rights of Crime Victims and Witnesses Act [725 ILCS 120] and other Illinois victim protection laws, only under extraordinary and rare circumstances shall access to documents, papers or other records of recipients of funding pursuant to this Part include knowledge of the true names of victims of a crime. When access to the true names of victims of a crime is necessary, appropriate steps to protect this sensitive information shall be taken by both the awardee and the ICJIA. Any access to this information, other than under a court order or subpoena issued by a court of competent jurisdiction pursuant to a bona fide confidential investigation, shall be approved by the Executive Director of ICJIA.

20 Ill. Adm. Code 1590.80 Technical Assistance

a) Program Participants may request technical assistance from the ICJIA regarding whether a victim or witness and victim or witness' expenses are eligible for reimbursement through the Violent Crime Witness Protection Program, the process for requesting reimbursement under the Act, and allowable expenditures for the development and establishment of a violent crime witness protection program.

b) The ICJIA will have exclusive authority to determine the manner and extent to which the ICJIA resources and personnel are utilized for technical assistance.

c) ICJIA will be reimbursed from the Violent Crime Witness Protection Program Fund for costs associated with technical assistance provided under this Part.

d) All requests for guidance must be made to the Violent Crime Witness Protection Program Fund Program Manager.

e) Upon request and subject to the Rights of Crime Victims and Witnesses Act [725 ILCS 120] and other Illinois victim protection laws, the agency that requests guidance will make available to the ICJIA all records relating to the victim or witness, the related violent crime, and the need for protection.

20 Ill. Adm. Code 1590.90 Eligibility for County Applicants

a) County Applicants applying for financial assistance must provide county funding at a level of at least 25% of any expenditure for which assistance is requested.

b) The matching requirement in this Section may be waived by ICJIA upon showing of good cause. ICJIA will consider the following factors to determine the eligibility of County Applicants.

The amount of matching funds relative to the overall budget of the requesting county;
Particular administrative obstacles limiting the applicant's ability to obtain access to matching funds; and
The negative consequences which could occur if the matching funds are not waived.

20 Ill. Adm. Code 1590.100 Selection Process

ICJIA shall make awards in accordance with the evaluation and selection criteria in this Section and any criteria outlined in the Notice of Funding Opportunity (NOFO) posted on ICJIA's website or generated through the statewide Grant Management System. ICJIA will consider the following:

a) whether the applicant meets the eligibility criteria in this Subpart;

b) the financial needs of the applicant; and

c) whether the proposed expenditures are eligible and will comply with GATA, Uniform Guidance, and all other applicable federal and state laws.

20 Ill. Adm. Code 1590.110 Allowable Expenditures

Program Participants shall use financial assistance for the following:

a) emergency or temporary living costs, for up to one year;

b) moving expenses, as defined in this Part;

c) rent, not to exceed the average market rate for a residence of comparable size in the locality in which the Eligible Person resides;

d) utilities, as defined in this Part;

e) security deposits for rent and utilities;

f) other appropriate expenses of relocation or transition as defined by the Program Participant and subject to review and approval by ICJIA;

g) mental health treatment, including, but not limited to, substance use treatment;

h) lost wage assistance; or

i) administrative costs. [725 ILCS 173/15]

History

Source: Amended at 49 Ill. Reg. 16176, effective December 12, 2025

20 Ill. Adm. Code 1590.120 Eligible Persons

a) A victim services coordinator or victim coordinator, as defined in the notice of funding opportunity, will determine whether a witness is "actively aiding in the prosecution" of a crime or is at risk of a discernible threat of violent crime.

b) Eligible persons:

must not be subject to the Sex Offender Registration Act [730 ILCS 150];
must have delivered testimony or provided other assistance in the furtherance of the prosecution of a violent crime that occurred on or after January 1, 2023 or be at risk of a discernible threat of violent crime as determined by the victim services coordinator or victim coordinator;
if the Eligible Person is a minor or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on the Eligible Person's behalf and may be eligible for assistance; and
must have been a victim of, a witness to, or an appropriate related person to a victim of or witness to a crime in Illinois.

c) Eligible persons may receive funding from Program Participants for up to 60 days following the cessation of assistance with the prosecution of a crime, as determined by a victim services coordinator. If the Program Participant identifies extenuating circumstances wherein funding will be required beyond 60 days, the Program Participant must notify ICJIA in writing.

d) Program Participants will use an eligibility application provided by ICJIA to determine if a victim or witness is an Eligible Person. The application will include the following:

information identifying the requesting authority and victim;
a description of the related violent crime;
identification of the proposed recipient of the financial assistance and the proposed recipient's relationship to the violent crime;
the amount and type of financial assistance requested for mental health treatment assistance, relevant insurance and benefits information; and
for lost wage assistance, proof of employment, proof of wages and/or salary, and evidence of missed working hours due to the violent crime.

e) Eligibility applications will be retained in accordance with Section 1590.70 in this Part. The eligibility application will not be required to be submitted to the ICJIA but will be subject to audit by the ICJIA when evaluating program performance.

History

Source: Amended at 49 Ill. Reg. 16176, effective December 12, 2025

20 Ill. Adm. Code 1590.130 Reimbursement Requests

a) All requests for reimbursement of costs paid under the Act must be made by the State's Attorney of any Illinois county, or the chief executive of an Illinois police agency in the manner identified by ICJIA in the notice of funding opportunity and or grant agreement.

b) Requests for reimbursement must be made monthly to the ICJIA.

c) Program Participants may submit emergency requests for reimbursement at any time, subject to GATA rules.

d) Requests for reimbursement must include invoices or equivalent documentation verifying expenditures and a signed certification of accuracy and compliance with the Act.

e) Requests for reimbursement from a State's Attorney's Office must include documentation verifying the amount of matching funds provided by the affected county.

f) Requests for reimbursement will be reviewed for completeness and the presence of any disqualifying conditions.

minor defects/omissions may be corrected through written communication.
applications that contain any of the disqualifying conditions cited in Section 1590.130(g) will be returned to the Program Participant with an accompanying letter of explanation.
corrected requests for reimbursement may be re-submitted at any time.

g) ICJIA will not approve requests for reimbursement if:

the Program Participant is unable to certify that the claimed expenditures were expended on Eligible Persons;
documentation substantiating the amount of requested financial assistance is not included with the request;
the Program Participant is on the Stop Pay List, as defined by the GATA rules;
the request for reimbursement does not bear the dated signature of the requesting State's Attorney, the chief executive of an Illinois police agency or a designee; or
more than 50% of funding available in any given fiscal year has previously been obligated to the county that initiated the request.

h) Reimbursements will be disbursed in the order received. In the event requests exceed available funds, the ICJIA may award payment out of chronological order to address life-threatening or other extraordinary circumstances.

History

Source: Amended at 49 Ill. Reg. 16176, effective December 12, 2025

20 Ill. Adm. Code 1590.140 Eligibility

Financial assistance awarded under this Subpart is available to local law enforcement agencies and State's Attorney's Offices without existing violent crime witness protection programs.

History

Source: Amended at 49 Ill. Reg. 16176, effective December 12, 2025

Chapter III Illinois Criminal Justice Information Authority

Part 1590 Violent Crime Witness Protection Program

20 Ill. Adm. Code 1590.150 Selection Process

ICJIA shall make awards in accordance with the evaluation and selection criteria of this Section as reflected on a Notice of Funding Opportunity posted on ICJIA's website or generated through the statewide Grant Management System. In evaluating applications, ICJIA will consider the following

a) whether the applicant meets the eligibility criteria in this Part;

b) the financial needs of the applicant;

c) whether the proposed expenditures are eligible and will comply with GATA, Uniform Guidance, and all other applicable federal and state laws; and

d) the ability of the applicant to administer and complete the project within the allowable grant period.

20 Ill. Adm. Code 1590.160 Allowable Expenditures

Financial assistance awarded under this Subpart may be used to establish violent crime witness protection programs. ICJIA will identify allowable expenditures and outline those permitted expenses in a Notice of Funding Opportunity posted on ICJIA's website or generated through the statewide Grant Management System.

20 Ill. Adm. Code 1590.170 Grant Disbursements

Disbursement of grant funds from ICJIA will be made in accordance with a schedule included in the grant agreement. ICJIA will disburse funds based on the grantee making satisfactory progress to implement grant activities.

20 Ill. Adm. Code 1590.180 Grant Performance, Administration, Monitoring, and Reporting Requirements

a) Grantees shall comply with all GATA and ICJIA requirements outlined in the grant agreement for grant performance, administration, audits, monitoring, and reporting.

b) Grant performance goals and performance and expenditure reporting will be based on specific grant project activities of each grant award and will follow GATA requirements (44 Ill. Adm. Code 7000.410), which include periodic financial and performance reports at least quarterly and financial and performance close-out reports after the end of the grant term (44 Ill. Adm. Code 7000.440). The deadlines for all required reports will be outlined in the grant agreement.

c) Grant audits shall be based on the standards set forth in the GATA rules (44 Ill. Adm. Code 7000.90).

d) Grantees must monitor their grant activities to assure compliance with applicable State and federal requirements and to assure their performance expectations are being achieved. ICJIA will monitor the activities of grantees to assure compliance with all requirements and performance expectations of the award. Grantees shall timely submit all financial and performance reports and shall supply, upon ICJIA's request, documents and information relevant to the award. ICJIA may monitor activities through site visits.

Chapter IV Prisoner Review Board

Part 1610 Prisoner Review Board

20 Ill. Adm. Code 1610.10 Administration

a) By action of the members of the Prisoner Review Board, orders of parole or conditions of parole as well as statutory parole and mandatory releases and all continuances ordered by the former Parole and Pardon Board are adopted.

b) Duties of the Chairman

Full administrative authority for conducting the business of the Illinois Prisoner Review Board shall be vested in the Chairman, including but not limited to the time and place of assignments, time and place of Board conferences, opening and adjournment times of Board meetings, caucuses and conferences, and such other general administrative powers as shall be necessary to effectively carry out the work of said Board.
The Chairman shall preside at meetings of the Board and may appoint another member as Acting Chairman in the event of his absence. He shall also name presiding members of panels of the Board.
Upon the request of three members of the Board he shall schedule a special meeting of the Board at a reasonable time and at a suitable location.

c) Hearing Panels

Adult panels. The Board may meet and order its actions in panels for purposes of granting and revoking parole. The action of a majority of a panel shall be the action of the Board. Each panel shall consist of at least three members of the Board except as otherwise required by the Unified Code of Corrections (Ill. Rev. Stat. 1983, ch. 38, par. 3-3-2(a)(2)).
Juvenile panels. The authority of the Board for persons in the custody of the Juvenile Division shall be exercised by a panel of at least three members except as otherwise required by the Unified Code of Corrections (Ill. Rev. Stat. 1983, ch. 38, par. 3-3-2(a)(2)). At least a majority of the members of the panel deciding a case must be experienced in the field of juvenile matters. The interview for parole revocation of a juvenile shall be conducted by a member qualified in juvenile matters.
In any instance where a tie vote shall result, the matter under consideration shall be referred to the full Board for determination.

AGENCY NOTE: Any use of the terms "he", "his" or "him" is intended to be gender neutral.

History

Source: Amended at 9 Ill. Reg. 16257, effective October 10, 1985

20 Ill. Adm. Code 1610.20 Eligibility for Parole

a) Adult division. Every person serving one or more indeterminate terms of imprisonment for felony charges in the custody of the Department of Corrections shall be eligible for parole when he has served:

the minimum term or terms of indeterminate sentences, less "good time" or 20 years, less "good time," whichever is less, or
twenty years of a life sentence imposed prior to the law in effect on February 1, 1978, less "good time," or
one-third of a definite sentence imposed prior to January 1, 1962, less "good time," or 20 years less "good time," whichever is less.
In each case, "good time" shall be deducted as prescribed by the regulations of the Department of Corrections, providing for the diminution of sentences as required by statute.

A) Persons sentenced or adjudicated under the provisions of the Unified Code of Corrections in effect January 1, 1973, but prior to February 1, 1978, if not sooner released on parole shall be granted parole according to the following schedule:

i) A person who has served his maximum term of imprisonment, less "good time" shall be released to serve the statutorily prescribed period of parole.

ii) A first offender under the Juvenile Court Act (Ill. Rev. Stat. 1981, ch. 37, pars. 701-1 et seq.) shall be released on parole on or before his 20th birthday.

B) Persons sentenced or adjudicated under the law in effect on and after February 1, 1978, or who have accepted release dates set by the Board in accordance with prescribed procedure shall be released on their release dates provided they agree in writing to accept conditions or such other sanctions as prescribed by the Board.

Indeterminate consecutive sentences which may be aggregated will be treated as one long sentence for purposes of parole eligibility. Such persons will be eligible for parole when they have served 20 years less "good time" or sooner according to the schedule set forth above.

b) Juveniles. Every person serving a juvenile commitment to the Department of Corrections as a delinquent shall be eligible for parole without regard to the length of time the person has been confined or whether the person has served any minimum term imposed. Such juveniles may be presented to the Board for parole consideration upon proper notification of a request for consideration to the Department of Corrections and the Board. Juveniles serving felony sentences imposed in accordance with law effective October 1, 1977, shall attain parole eligibility as prescribed for adults above.

20 Ill. Adm. Code 1610.30 Preparation for Adult Parole Hearing

a) Notice to the Inmate. Approximately sixty days prior to his next scheduled parole release hearing, the inmate will be notified in writing by the Board that he has been scheduled on the monthly docket.

Request for Preliminary Record Review

A) Request By the Inmate. Within fifteen days following the date of the notice of docketing, the inmate may request the opportunity for preliminary review of his parole file by using the form provided by the Board with the notice. When a timely request for preliminary review is made, the Board will arrange for the inmate to review his parole file, in accord with the provisions of Section 1610.30(b), approximately thirty days prior to his hearing date. If no preliminary request is made or if transfer or security considerations prohibit review, the inmate will be allowed to review his file in accord with Section 1610.30(b), at the time of his release hearing.

B) Request by an Inmate's Attorney. If an inmate chooses to retain an attorney to assist him in his preparation for hearing, the attorney may review the parole files, in accord with Section 1610.30(b) at the Prisoner Review Board Office in Springfield. The file will be made available at any time during regular business hours, not more than thirty days nor less than five business days prior to the hearing date, provided that the Board is given five business days notification. If no preliminary request is made, the attorney will be allowed to review the file, in accord with Section 1610.30(b), at the time of the release hearing.

Request for a Specific Hearing Appointment. Within fifteen days of the date of the notice of docketing, the inmate may request a specific hearing appointment in order to facilitate the presentation of witnesses. The request will be made in the form prescribed by the Board. The inmate will be notified in writing of the date and time of the hearing appointment, not less than fifteen days before the hearing.
Request for Appearance of Witnesses. At least fifteen days prior to the scheduled hearing, the inmate shall provide the Board with the names, addresses and telephone numbers of witnesses whom he wishes to call to testify at his hearing. It is the responsibility of the inmate to contact his witnesses and to insure that they are present at the hearing.

b) Access to Records by the Inmate

The inmate shall have access to all evidence considered by the Board unless the evidence is specifically found to:

A) Include information which, if disclosed, would damage the therapeutic relationship between the inmate and a mental health professional;

B) Subject any person to the actual risk of physical harm.

C) Threaten the safety or security of the Department or an institution.

An inmate who wishes to review a document submitted to the Board which bears the signature of a mental health or clinical services employee of the Department of Corrections must request that review through the Department of Corrections pursuant to Department Regulations (20 Ill. Adm. Code 107). The Board will not provide direct access to any documents in this category.

c) Notice to Interested Parties. Not less than 15 days prior to each hearing, notices shall be given by the Board to the State's Attorney of the county from which the person was committed and to victims as defined in the Unified Code of Corrections (Ill. Rev. Stat. 1983, ch. 38, par. 1005-1-2(n)) at their known place of abode. If the Board does not have knowledge of the current address of a victim, it shall notify the State's Attorney of the county of commitment and request assistance in locating the victim. Those victims who advise the Board in writing that they no longer wish to be notified shall not receive notices.

d) Adult Docketing

Submission of the Monthly Docket. The Board receives from each institution a docket for adult parole release hearings. Thirty days prior to the hearing, the dockets will be closed, except for any additions or subtractions because of transfers, recent admissions or recalculation of sentence credits.
Preparation and Submission of the Parole Plan. Prior to his appearance before the Board, the inmate shall, along with his counselor, prepare and submit to the panel a plan which includes his intended places of residence and employment and which explains any plans for vocational training or education.
Submission of Supporting Documents from the Department of Corrections. Program Consideration Reports, Conduct Reports and any other reports requested of institution staff will be required in the office of the Board by Wednesday of the week preceding the hearings.
Docketing of Continued Adult Parole Release Hearings. Persons in adult facilities of the Department whose cases have been considered on prior occasions and have been continued to future dates shall have their names placed on the docket for hearing during the month designated by the Board at their previous hearing. That date shall not be longer than three years from the last hearing and denial of parole and will be subject to advancement by reasons of institution credits.
Docketing Concurrent Sentences. Persons serving concurrent sentences shall have their names placed on the dockets when they are eligible to be considered for parole under the longest minimum sentence.
Docketing Returned Violators. All alleged parole violators who have been returned to the custody of the Department shall be docketed and heard in accordance with provisions of Section 1610.140.

History

Source: Amended at 9 Ill. Reg. 16257, effective October 10, 1985

20 Ill. Adm. Code 1610.35 Juvenile Parole

a) Juveniles serving felony sentences shall be docketed as prescribed in Section 1610.30.

Alleged juvenile parole violators returned to the custody of the Department of Corrections shall be docketed and heard at the next scheduled hearing for that institution following the compilation of all documentation related to the alleged parole violation.
Persons committed to the Department of Corrections as delinquents shall be presented to the Board for parole consideration before 11 months of the commitment have expired.

b) Reasons for Parole Denial. The Board grants parole as an exercise of grace and executive discretion. The decision is a subjective determination based upon available relevant information. Persons committed to the Department of Corrections as delinquents shall not be paroled, if the Board determines, on the basis of the factors outlined in Section 1610.35(c), that:

The youth is in need of further institutional programs.
Parole would not be in the best interests of the youth or the community.

c) Factors to be Considered in the Parole Decision. In determining whether to grant or deny parole, the Board looks primarily to the following factors, although the decision is not limited to these factors when other relevant, compelling information is presented.

Behavior outside of custody.

A) Prior criminal activity, as evidenced by official records.

B) Adjustment in school, as evidenced by documented reports specifying grades, disciplinary actions, school activities or any school-related accomplishments.

C) Adjustment to release from custody as evidenced by reports on any Department of Corrections Authorized Absence, as authorized by the Unified Code of Corrections (Ill. Rev. Stat. 1983, ch. 38, par. 3-9-4).

D) Employment History.

E) Support of family and community, as evidenced by oral or written expressions.

F) Associates in the community, as evidenced by reports from police and school officials or statements of the juvenile or his family.

G) Goals for the future as expressed by the juvenile.

Institutional Behavior.

A) Any recent disciplinary actions.

B) Performance in institutional programs as evidenced by reports from counselors or teachers.

C) Defiance to established authority, as evidenced by demeanor and conduct at hearing or by institutional reports.

D) Lack of remorse for criminal activities, as evidenced by demeanor and conduct at hearing or by institutional reports.

E) Resolve to avoid re-incarceration, as evidenced by demeanor and conduct at hearing or by institutional reports.

F) Positive response to institutional programming, as evidenced by demeanor and conduct at hearing or by institutional reports.

d) Parole Denial

In the event of parole denial of a youth committed under the provisions of the Juvenile Court Act (Ill. Rev. Stat. 1983, ch. 37), the case may be resubmitted by the Department of Corrections to the Board for further consideration within 90 days.

e) Parole Plans

Parole plans shall be prepared by the clinical staff in conjunction with the youth. Such plans shall include where and with whom he will live, location in terms of employment or school attendance and family relationships and obligations to be assumed on release.

History

Source: Added at 9 Ill. Reg. 16257, effective October 10, 1985

20 Ill. Adm. Code 1610.40 The Adult Parole Hearing

a) Purpose

The purpose of the parole release hearing is to gather information and views and to determine whether parole will be granted or denied. The hearing is not an adversarial proceeding.

b) Parole Release Panels

General Considerations. The Board shall schedule hearings at the various institutions and facilities each month. Panels of at least three members of the Board will consider those cases of persons whose names appear on the respective hearing dockets. At least one member of the panel shall interview the inmate and hear any witnesses. The decision to grant or deny parole requires the action of a panel of at least three members of the Board. The decision to release on parole requires the affirmative vote of a simple majority of the members participating in the vote.
Evidence. The Board is not bound by strict rules of evidence in the conduct of a parole release hearing and will consider all evidence presented, so long as the evidence is not cumulative, repetitive or inherently unreliable (as, for example, would be testimonials of Department of Corrections employees who are not authorized to make parole recommendations) and so long as it has some relevance to the parole release decision, as described in Section 1610.50.
Presiding Member. One member of the panel will be designated to act as presiding member for each parole hearing. The presiding member will administer an oath or affirmation to the inmate and any witnesses, conduct the inmate interview, examine any witnesses and rule on evidentiary matters and objections. In addition, any other members present may question the inmate and witnesses. When fewer than all members who will participate in the release decision are present at the hearing, the presiding member will orally summarize the hearing for their benefit prior to a vote on the question of release. Where a case is not decided on the same day as the hearing, the presiding member shall prepare a written summary for use by the other members.
En Banc Hearings

A) Hearing Designated En Banc. Any inmate of the Department of Corrections whose conviction was for the offense of Murder or whose minimum sentence is 20 years or more under Chapter 39 of the Illinois Revised Statutes in effect prior to February 1, 1978 shall be heard by a panel of the Board. That panel shall submit the case to the entire Board at an "en banc" hearing, at which time a determination will be made as to whether parole will be granted or denied, in accord with Section 1610.50. In addition, the Chairman or a majority of the members of a panel hearing a case upon which a decision has not been rendered may cause that case to be considered at the next scheduled "en banc" hearing day. Once a case is designated "en banc" it will continue to be considered by the full Board, unless the Board determines otherwise.

B) En Banc Voting. In order for the Board to grant parole in a case which is designated for "en banc" consideration, a majority vote of the appointed members of the Board must vote in favor of the grant of parole. A tie vote, or a vote of less than a majority of the appointed members of the Board favoring parole, shall result in the denial of the application for parole.

c) Appearances. The Parole Release Panel shall consider the testimony of persons who appear at the parole release hearing under Board guidelines, in accord with Section 1610.30, unless the presiding member determines that the witness can provide no information which is relevant to the hearing or that the testimony would be merely repetitive or cumulative. Any testimony may be offered in the form of a personal appearance or written statements. Where Department of Corrections security considerations bar personal appearances within the institution, the witness may submit written testimony or may testify orally at the Springfield Office of the Board or at some other designated location.

Personal Appearances.

A) The State's Attorney. The State's Attorney of the County in which the conviction was obtained, or his designee, shall be permitted to appear personally at any parole release hearing.

B) Victims and Complaining Witnesses. Persons who are identified as victims, or members of the families of victims of the crime for which the inmate is receiving parole consideration shall be permitted to appear personally before the Parole Release Panel. Other persons who wish to testify as complaining witnesses shall be permitted to appear unless the presiding member determines that they cannot provide relevant information or that their testimony would be repetitive or cumulative.

C) Witnesses on Behalf of the Inmate. Persons wishing to appear on behalf of the inmate, in support of the grant of parole, may do so, unless the presiding member determines that their testimony would be irrelevant, repetitive, or cumulative, or unless the potential witness is barred from the institution by the Department of Corrections.

D) The Inmate. The inmate shall be heard, as required by statute (Unified Code of Corrections, Ill. Rev. Stat. 1983, ch. 39, par. 1003), if he chooses.

Written Appearances

The Parole Release Panel shall consider any relevant testimony received by the Board from the State's Attorney, victim, complaining witness, inmate, or any other interested party before the beginning of the Parole Release Panel conference. Such writings may be in the form of letters, affidavits or other documents. Written appearances shall be permitted into consideration on a basis more permissive than personal appearances, in order to reduce the demand for personal appearances. These documents will be available for review in accord with Section 1610.30(a) and (b).

d) Conference. Following the hearing the Parole Release Panel shall adjourn into a conference. In conference the Panel will discuss all evidence and testimony received and will exchange views concerning the weight and credibility to be given the evidence considered, prior to entering the decision phase.

e) Decision and Notification

Vote and Rationale. Following the Conference, the Parole Release Panel will vote on the question of granting or denying parole. When the panel votes to deny parole a rationale will be prepared by at least one member which states the basis for denial, including the primary factors considered.
Notice of Decision. The inmate shall be provided a copy of the Order and rationale within twenty-one days after the Parole Release Hearing.

History

Source: Amended at 9 Ill. Reg. 16257, effective October 10, 1985

20 Ill. Adm. Code 1610.50 The Parole Release Decision

a) The Exercise of Discretion. The Board will make the parole release decision on the basis of all available relevant information. The Board grants parole as an exercise of grace and executive discretion as limited or defined by the Illinois General Assembly in duly adopted legislation. The Board shall not parole a person eligible for parole, if it determines that:

There is a substantial risk that he will not conform to reasonable conditions of parole; or
His release at that time would depreciate the seriousness of his offense or promote disrespect for the law; or
His release would have a substantially adverse effect on institutional discipline.

b) Factors Affecting the Parole Release Decision. The parole release decision is a subjective determination based on available relevant information. In determining whether to grant or deny parole, the Board looks primarily to the following factors evident from the inmate's prior history, committing offense, institutional adjustment and parole plan, although the decision is not limited to these factors when other relevant compelling information is presented.

Prior History

A) Aggravating Factors

i) A prior criminal record, including: the existence of prior convictions, the existence of multiple prior convictions, the existence of prior convictions for similar crimes, and the existence of a criminal record other than convictions.

ii) A history of violence or assaultive behavior.

iii) A history of substance abuse.

iv) A history of gang affiliation, particularly gang leadership.

v) Prior incarcerations.

vi) Prior parole or probation violations or revocations.

vii) Recorded evidence of emotional instability along with a failure to seek or cooperate with treatment.

viii) A juvenile record.

B) Mitigating Factors

i) The absence of the aggravating factors listed in Section 1610.50(b)(1)(A).

ii) Attempts at treatment for alcohol or drug abuse, which have resulted in a demonstrable reduction in use.

iii) Evidence of responsibility and stability, as demonstrated by demeanor and conduct at the hearing and by records of the Department of Corrections.

The Committing Offense as Documented by the Official Statement of Fact.

A) Aggravating Factors

i) Major or permanent injury to the victim.

ii) A degree of forethought and planning.

iii) The use of a weapon.

iv) The existence of multiple victims.

v) A lengthy sentence.

vi) Recommendation of the trial judge against parole.

vii) The fact that the victim was a youth or senior citizen.

viii) The fact that the victim was physically or mentally handicapped.

ix) The fact that the victim was a person known to the defendant to have responsibility for the public safety or welfare such as a police officer, fireman or Department of Corrections employee.

x) Conduct which demonstrates a merciless, sexually motivated, malicious or inhumane disregard for human dignity or life.

xi) Protests from victims, prosecutors and the community.

xii) Any of the aggravating circumstances established by the General Assembly in the Unified Code of Corrections (Ill. Rev. Stat. 1983, ch. 38, par. 1005-5-3.2).

xiii) A high severity or recidivism index.

B) Mitigating Factors.

i) The absence of the aggravating factors listed in Section 1610.50(b)(2)(A).

ii) The inmate played only a peripheral role in the crime.

iii) Demonstration of remorse and understanding of the severity of the offense.

iv) Evidence of strong provocation by the victim.

v) Any of the mitigating circumstances established by the General Assembly in the Unified Code of Corrections (Ill. Rev. Stat. 1983, ch. 38, par. 1005-5-3.1).

vi) A low severity or recidivism index.

Institutional Adjustment as Documented by Department of Corrections Reports: Factors Considered

A) Institutional assignments.

B) Grade status.

C) Good time loss or credits.

D) Completion of high school, college, or other academic courses of study.

E) Completion of training programs designed to provide vocational skills.

F) Number and nature of conduct reports.

G) Success with counseling.

H) Psychological/Psychiatric reports (if indicated).

I) Escape attempts.

J) Time in segregation.

K) Possession of weapons or drugs.

Release Plans: Factors Considered.

A) Letters of support.

B) Residency plans.

C) Employment plans.

D) Location of parole.

E) Vocational skills.

F) In the full context of the inmate's parole release plans, the likelihood of re-affiliation with gangs or associates who have had a detrimental influence on the inmate in the past, as demonstrated by evidence presented on the inmate's behalf.

History

Source: Section repealed, new Section adopted at 9 Ill. Reg. 16257, effective October 10, 1985

20 Ill. Adm. Code 1610.60 Order of Parole

If the members of the Board in conference determine that the parole should be allowed, they will enter an order for parole, setting the date of release to parole, allowing good time credits to apply. The order of a panel shall be the order of the Board and shall be delivered to the inmate within seven (7) days of its entry.

20 Ill. Adm. Code 1610.70 Denial of Parole

a) If the members of the Board in conference determine that parole will be denied in felony cases, the Board will continue the matter to a future date, that date being no assurance that parole will be given at that time. Lengths of continuances shall be determined in compliance with provisions of paragraph 3-3-5(f) of the Unified Code of Corrections (Ill. Rev. Stat. 1987, ch. 38, par. 1003-3-5(f)). The factors outlined in Section 1610.50(b)(1)-(4) shall be used to determine lengths of continuances for those persons originally sentenced or who became eligible for parole between January 1, 1973 and September 30, 1977.

b) Certain prisoners shall be offered fixed release dates along with the order of denial, in accordance with the requirements of Section 3-3-2.1 of the Unified Code of Corrections, (Ill. Rev. Stat. 1987, ch. 38, par. 1003-3-2.1 (a)-(b)).

c) The following are the procedures for requesting reconsideration of release date offers and conducting reconsiderations as provided by Section 3-3-2.1(h)(3) of the Unified Code of Corrections (Ill. Rev. Stat. 1987, ch. 38, par. 1003-3-2.1(h)(3)).

The prisoner or his counsel may, by submitting a form provided by the Board, initiate a reconsideration of the release date offer, as provided by Section 3-3-2.1(h)(3) of the Unified Code of Corrections (Ill. Rev. Stat. 1987, ch. 38, par. 1003-3-2.1(h)(3)).
The reviewing members shall not have participated in the initial decisions.
The reviewing members are authorized on the basis of the record of the hearing to modify or reverse an initial decision on one or more of the following grounds:

A) the decision is contrary to law or the guidelines governing decision;

B) the reasons given for the decision do not support the decision;

C) there is not sufficient factual support in the record to support the decision;

D) the length of the release date is disproportionate with other like cases or sentences.

The Board may interview the resident for the purpose of considering modification of the out-date.

History

Source: Amended at 13 Ill. Reg. 3063, effective February 28, 1989

20 Ill. Adm. Code 1610.80 Conditions of Release

Persons released under any form of supervision, mandatory release, mandatory supervised release, statutory parole or parole, are subject to rules of conduct prescribed by the Board and any special conditions deemed appropriate by the Board in individual cases. Said conditions for release to other than discretionary parole will be set without an interview.

20 Ill. Adm. Code 1610.90 Rescission of Parole Order

a) Rescission means withdrawal of an unimplemented grant of parole.

b) When the Board becomes aware of information which might justify rescission of a parole, it shall not rescind the parole unless it first gives the person whose parole may be rescinded a hearing.

c) The person shall be given advance written notice of the hearing, a reasonable time (but not less than three days) before it is to take place. The notice shall state fully why the Board is considering rescission.

d) If the ground for rescission is an institutional disciplinary violation and the person has been found guilty of that violation at a hearing complying with Department of Corrections Administrative Regulation 804, the Board shall not be required to hear further evidence on the matter or make a factual determination of guilt or innocence but may accept as conclusive the findings of the Institutional Adjustment Committee. If the Board does accept the Institutional Adjustment Committee's findings, the person shall be permitted to show why, notwithstanding a finding of guilt, he should be released on parole.

e) If the basis for rescission is an institutional disciplinary violation and the person has not received a hearing on the violation under Department of Corrections Administrative Regulation 804, the Board shall continue the matter for not longer than 30 days so that the institution involved may conduct such a hearing.

f) The Board shall make its decision and notify the person of that decision and the reason or reasons for it in writing within a reasonable time (but not more than seven (7) days in the case of a panel hearing and not more than thirty (30) days in the case of an en banc hearing).

20 Ill. Adm. Code 1610.100 Rehearing

A rehearing will be granted only by the affirmative action of the Board in conference.
After a parole is denied, a rehearing may be requested by the person who was denied parole or another in his behalf. Such request must be made in writing and must set forth new facts or extraordinary circumstances which could not have been known to the parole applicant at the time of his interview by the Board member, or new facts or extraordinary circumstances which have arisen subsequent to the time of the interview, or both, which have not been previously considered.

b) Oral arguments in support of the request for rehearing will not be permitted.

c) When a rehearing request is granted by the Board, the person making the request shall be notified in writing and the case shall be placed on a subsequent docket for hearing.

20 Ill. Adm. Code 1610.110 Arrangements for Parole

a) When an order for release on parole is entered, it shall not be effective and the applicant shall not be released until the Office of Adult Parole Services or Family and Youth Counseling Services has satisfied itself that suitable arrangements have been made for:

The applicant's gainful employment and/or educational or training programs and for a proper and approved residence.
The chief administrative officer of the institution shall have the authority to hold the prospective parolee until these arrangements have been approved. If the applicant is not released within 90 days from the date of the order granting parole, the chief administrative officer shall notify the Executive Director of the Board and the matter will be reviewed by the Board.

b) An applicant who has been granted parole but violated institution rules prior to release on parole, may, in the discretion of the chief administrative officer, be held for further consideration by the Board.

20 Ill. Adm. Code 1610.120 Conditions of Parole or Mandatory Supervised Release

a) Adult division. Until final discharge, the releasee shall at all times be under the legal custody of the Department of Corrections, subject to being retaken at any time, with the establishment of probable cause, within the enclosure of an Illinois State Correctional Center. The releasee is obligated to comply with all rules, regulations and orders and subsequent amendments thereto of the Prisoner Review Board and of Adult Parole Services of the Department of Corrections.

The releasee must comply with the instructions of his Department of Corrections agent (if paroled or released out of state, obedience to the rules of both states is required) and the following Board special orders:
The releasee must obey all municipal, county, state and federal laws and ordinances.
The releasee must consult and follow the advice of his agent before visiting or writing to correctional center residents. (An ex-resident or parolee who is a relative may visit a relative with the special permission of the chief administrative officer. Such requests and permission will be permitted only when the request and permission are in written form.)
The releasee shall not leave the state or county without prior written permission of his agent.
The releasee is to:

A) Maintain employment and support his dependents; if not employed, he is to seek work or participation in educational or vocational training.

B) Notify his/her agent prior to any change in residence or employment.

C) Submit a written report, on forms provided, on the first day of every month.

D) Report all arrests to agent.

The releasee shall not own, possess, use, sell or have under his control any firearms or dangerous weapons.

b) Juvenile division.

The ward shall observe and obey all municipal, county, state and federal laws, ordinances and regulations, including curfew.
The ward must not falsify his or her name, age or address under any circumstances.
The ward shall not leave the state without the prior written permission of the Family and Youth Counselor, unless he or she is going to a neighboring state just for a day or two in the company of his or her family.
Changes of home address and/or telephone number shall be reported to the Family and Youth Counselor immediately.
The ward shall not use, carry or possess any weapon or weapons of any kind or description.
The ward shall abstain from the use of intoxicating beverages, if he or she is under the legal age. The use of narcotic drugs, controlled substances, and marijuana prohibited by law, will be grounds for parole violation.
The ward shall not operate a motor vehicle without a valid driver's license.
If the ward is of mandatory school age, he or she must, during the school term, attend school regularly and if he or she is over mandatory school age, he or she must either attend school or be gainfully employed, and in the event he or she fails to obtain employment, he or she must cooperate with the Family and Youth Counselor in an effort to obtain help with employment.
If the ward is not of legal age, he or she shall not marry without the consent of his or her parent or legal guardian and this consent made known to the Family and Youth Counselor.
The ward shall comply with any special conditions of parole prescribed by the Prisoner Review Board which has jurisdiction over wards of the Juvenile Division.

20 Ill. Adm. Code 1610.130 Length of Adult Parole and Discharge

a) Parolees shall be under the continuous supervision of the Division of Parole Services of the Department of Corrections according to the following schedule:

Persons sentenced or adjudicated under statutes existing prior to January 1, 1973, shall be on parole until the expiration of the maximum periods of their sentences subject, however, to earlier discharge under paragraph (3).
Persons sentenced or adjudicated under the provisions of the Unified Code of Corrections prior to February 1, 1978, shall be on parole as follows, subject, however, to earlier discharge under paragraph (3):

A) For murder or a Class X felony, 3 years.

B) For a Class 1 or 2 felony, 2 years.

C) For a Class 3 or 4 felony, 1 year.

The Prisoner Review Board may enter an order releasing and discharging a parolee or mandatory supervised releasee from supervision (with court approval for juveniles) and his commitment to the Department when it determines that he is likely to remain at liberty without committing another offense.
Issuance of a discharge by the Board shall be within the discretion of the Board and shall be conditioned upon the favorable recommendation of the Office of Parole Services, based on the parolee's or mandatory supervised releasee's faithful conformance to the terms of his parole agreement. In extraordinary circumstances and on the recommendation of the Office of Parole Services the Board may, in its discretion, grant a final discharge at an earlier date.
The order of discharge for adults shall become effective upon entry of an order of the Board. When approved by the Governor, said order shall operate as a commutation of sentence. The Board shall notify the clerk of the committing court of the order.

b) The parole period of a juvenile committed as a delinquent to the Department under the Juvenile Court Act shall extend until he is 21 years of age unless sooner terminated by the Board, said termination being subject to Section 5-10 of the Juvenile Court Act.

c) Parole outside Illinois. The Board, in its discretion, may parole a non-resident applicant or an applicant whose family, relatives, friends or employer reside outside of Illinois to a location outside of Illinois.

d) Parole to warrant or detainer

The Board, in its discretion, may parole an applicant to a warrant or detainer to serve his parole concurrently with another sentence. A condition of such parole may be that if the charge or charges on which the warrant or detainer is based are dismissed or satisfied prior to the expiration of his Illinois parole, the person shall be returned to Illinois to serve the remainder of his parole under the supervision of the Illinois Parole Services Division unless the Board, in its discretion, orders that he be permitted to serve the remainder of his parole outside of Illinois or that he be discharged from parole.
If a person paroled to a warrant or detainer is sentenced to probation, or released on parole in another jurisdiction prior to the expiration of his Illinois parole, he shall serve his parole concurrently with his probation or parole in the other jurisdiction or in Illinois as ordered by the Board.

20 Ill. Adm. Code 1610.140 Revocation Procedure

a) Preliminary Hearing. When it is charged that the parolee has violated a condition of his parole agreement, he shall be given a written notice informing him of the conditions of parole which have allegedly been violated and the manner in which they were violated. He shall be informed of the date, time, and place at which he will be called before a hearing officer authorized by the Prisoner Review Board for a preliminary hearing on the alleged violation.

At the preliminary hearing, the parolee may appear and speak in his own behalf; he may bring letters, documents, or individuals who can give relevant information to the hearing officer. On request of the parolee, persons who have given adverse information on which parole revocation is to be based shall be made available for questioning in his presence. However, if the hearing officer determines that the informant would be subjected to risk or harm if his identity were disclosed, he need not be subjected to confrontation and cross-examination. The hearing officer shall not be bound by the strict rules of evidence.
If the officer finds from the information presented at the preliminary hearing that there is reasonable ground to believe that the alleged violation did occur, and that there is probable cause to hold the parolee for a final decision of the Prisoner Review Board on revocation, the parolee shall be returned to the institution or facility from which he was released on parole or to another facility of the Department of Corrections. The officer shall state in writing the reasons for his determination and indicate the basis for the determination. If the officer finds that there is reasonable ground to believe that the alleged violation did not occur, the parolee will be released to continue serving his parole.
The preliminary hearing shall be held within 10 days of the parolee's apprehension unless continued by the hearing officer for up to an additional two weeks to permit the production of witnesses or materials relevant to the hearing.

c) As per Goldberg vs. Kelly, a parolee shall have the right to retain counsel at both the preliminary and revocation hearing.

d) All witnesses called must be sworn under oath.

e) All parolees have a right to a transcript or proceedings. A court reporter may be provided at the parolee's expense.

f) Subpoenas. The Prisoner Review Board or parolee who has allegedly violated his parole may request by subpoena the attendance and testimony of witnesses and the production of documentary evidence relating to any matter under investigation or hearing. The Chairman of the Prisoner Review Board may sign subpoenas when, in his judgment, the relevance of testimony of the witness is substantial. Subpoenas shall be served by any agent or public official authorized by the Chairman of the Illinois Prisoner Review Board, or by any person lawfully authorized to serve a subpoena under the laws of the State of Illinois. The attendance of witnesses, and the production of documentary evidence, may be required from any place in the state to a hearing location within 150 miles of the place where the violation is alleged to have occurred, and before the Chairman of the Illinois Prisoner Review Board or his designated agent or agents or any duly constituted committee or subcommittee of the Board. Witnesses so summoned shall be paid the same fees and mileage that are paid witnesses in the circuit courts of the state, and witnesses whose depositions are taken and the persons taking those depositions are each entitled to the same fees as are paid for like services in actions in the circuit courts of the state. Fees and mileage shall be vouchered for payment when the witness is discharged from further attendance. In cases of disobedience to a subpoena, the Board may petition any circuit court of the state for an order requiring the attendance and testimony of witnesses or the production of documentary evidence or both. A copy of such petition shall be served by personal service or by registered or certified mail upon the person who has failed to obey the subpoena, and such person shall be advised in writing that a hearing upon the petition will be requested in a court room to be designated in such notice before the judge hearing motions or extraordinary remedies at a specified time, on a specified date, not less than 10 nor more than 15 days after the deposit of the copy of the written notice and petition in the U.S. mails addressed to the person at his last known address or after the personal service of the copy of the notice and petition upon such person. The court upon the filing of such a petition, may order the person refusing to obey the subpoena to appear at an investigation or hearing, or to there produce documentary evidence, if so ordered, or to give evidence relative to the subject matter of the investigation or hearing. Any failure to obey such order of the circuit court may be punished by that court as a contempt of court.

20 Ill. Adm. Code 1610.150 Revocation Hearing

a) If a parolee is returned to the institution or facility for an alleged violation of the terms of his parole agreement his name shall be placed on the next regular hearing docket at the institution or facility where he is confined, provided that his return to the institution or facility is at least 30 days prior to the next scheduled meeting of a panel of the Board at the institution or facility.

b) The parolee having received written notice setting forth the alleged violation of his parole agreement which has been charged against him shall be entitled to disclosure of evidence against him, opportunity to be heard in person and to present witnesses and documentary evidence and shall have the right to confront and cross-examine adverse witnesses (unless the panel member specifically finds good cause for not allowing confrontation).

c) A hearing on revocation shall be conducted before at least one member of the panel. The member will interview the parolee, any witnesses, and any persons who appear in support of the charge of violation. Each member of the Board shall have the power to administer oaths and to take the testimony of persons under oath.

d) The member will also consider all reports and written affidavits submitted on behalf of the parolee or in support of the charge against him.

e) The member shall make a record of the hearing including a summary of the statements of the parolee and any persons who appear at the hearing. The member shall not be bound by the strict rules of evidence in conducting the hearing.

f) The members of the panel will decide in closed conference the cases of any persons alleged to have violated their parole agreements. The action of a panel will be the action of the Board.

g) The Board may revoke parole for violation of a condition occurring before the expiration of the parole term even though a determination of the alleged violation cannot be reasonably made until after the expiration of the parole term.

h) The issuance of a warrant for an alleged violation of the conditions of parole shall toll the running of the term of parole until the final determination of the charge, but if parole is not revoked, that period shall be credited as time served on parole.

i) If a panel determines that the parolee has violated any of the terms and conditions of parole, it shall issue a written statement as to the evidence relied on and the reasons for revoking parole. The parolee shall receive a copy of this statement.

20 Ill. Adm. Code 1610.160 Dispositions

If the panel shall determine that a parole violation has in fact occurred, it may:

a) Order that parole be continued with or without modifying or enlarging the conditions of the parole agreement; or

b) Parole the person to a halfway house; or

c) In adult cases, revoke the parole and reconfine the person for a term computed in the following manner:

Persons adjudicated under the code in effect prior to February 1, 1978, shall be recommitted for that portion of the imposed maximum term of imprisonment or confinement which had not been served at the time of parole, and, in addition, the parole term less the time elapsed between the parole of the person and the commission of the violation for which parole was revoked, less "good time."
All persons shall be given credit against the term of recommitment for time spent in custody since parole began which has not been credited against another sentence or period of confinement.
In the event of violation of mandatory supervised release, the violator will be reconfined for the unserved portion of the mandatory supervised release period, plus any good time (not to exceed one year) revoked on account of the violation.

d) In juvenile cases, the provisions of the Juvenile Court Act (Ill. Rev. Stat. 1981, ch. 38, pars. 701-1 et seq.) shall prevail.

20 Ill. Adm. Code 1610.170 Good Conduct Credit Revocations and Restorations

a) The Board will decide cases where the amount of time at issue exceeds 30 days, or when, during any 12-month period, the cumulative amount of credit revoked exceeds 30 days. The Board may:

Concur with the Department's request.
Deny the request.
Reduce the amount of time on the request. The reduction cannot go below 30 days.

b) Criteria include:

Mitigation surrounding the incident.
Past record involving discipline.
Is the request consistent with past practices?
Is the recommendation consistent with the Department's Administrative Regulations 804 and 845?

c) The Board:

Will conduct hearings on a monthly basis in conjunction with appearances for parole hearings.
Will give inmates face-to-face hearings.
Reserves the right to call witnesses.

20 Ill. Adm. Code 1610.180 Rules Governing Petitions for Executive Clemency (pardon or Commutation of Sentence)

a) All applications for pardons, reprieves and commutations of sentence or adjudication shall be made by written petition, addressed to the Governor and filed in the office of the Prisoner Review Board at Springfield. The original and four copies of the petition must be filed at least thirty (30) days prior to any scheduled meeting of the Board for the purpose of hearing petitions for executive clemency. The petition shall conform to the following requirements:

The petition shall contain a brief history of the case, a brief biography of the petitioner, setting forth his full and correct name, any aliases he may have used during his lifetime, his age, place of birth, the different places where he has resided, the years of residence in each place, the occupations pursued in each locality, and the specific reasons why a pardon or commutation of sentence should be granted.
It shall be signed by the applicant or other person in his behalf.
If signed by another person, the full address of such person shall be given, and his relation to the applicant stated.

b) Copies of the petition shall be furnished to the sentencing judge or, if for any reason this is not possible, to the chief judge of the Circuit in which sentence was imposed, and the Prosecuting State's Attorney, if available, and also to the present State's Attorney of the county from which the petitioner was committed in each case. Proof of such service may be made by a receipt of such official, or affidavit that it was posted, or a receipt of the United States Post Office if sent by registered or certified mail. Such proof of service shall accompany the petition.

c) Publication of intent to petition for executive clemency shall be made in a newspaper of common circulation in the county of commitment on at least two occasions no less than two weeks apart. Said notice shall contain the name of the petitioner, the offense for which he was convicted, the date of sentencing and the sentence imposed. Said notice shall invite any interested party to communicate their views to the offices of the Prisoner Review Board prior to the scheduled hearing date.

d) Where circumstances warrant or the exigencies of the case suggest, the Board may waive the requirement of publication of intent to file for executive clemency.

e) For each meeting of the Board, a docket shall be prepared listing all petitions filed thirty (30) days or more before the date of the meeting which have not been previously considered and which petitions comply with the applicable statutes of Illinois and these rules. Counsel and those who wish to be heard in favor of or in opposition to the respective petitions on the call of the docket, must register in person at the meeting of the Board.

f) The Board or a designated panel thereof will hear counsel or any other persons who appear in support of or in opposition to the petition at the scheduled public hearing. The Board will also consider petitions on the docket on which there are no appearances and may elect to hear petitioners who are in confinement.

g) No requirement herein shall preclude the Chairman or the Governor from calling a special session of the Board for the purpose of giving a hearing and consideration to any petition deemed to be of an emergency nature. All usual requirements shall be met insofar as is practical.

h) The Board will determine by majority vote in conference what its recommendation is on each petition and shall advise the Governor by a written report without publicity.

Chapter V Illinois Law Enforcement Training and Standards Board

Part 1700 Surcharge Fund Financial Assistance

20 Ill. Adm. Code 1700.10 Preamble

The purpose of these Rules is to establish the procedures for the provision of financial assistance to qualifying local governmental units for law enforcement training as authorized and approved by the Board pursuant to the Act. These Rules are intended to provide disbursement to participants of approved training programs involving mandatory, specialized, optional, and in-service training.

20 Ill. Adm. Code 1700.20 Eligibility

To be eligible for financial assistance, an applicant must be a local governmental agency as defined in Section 2 of the Police Training Act. (Ill. Rev. Stat. 1981, ch. 85, par. 502)

20 Ill. Adm. Code 1700.30 Use of Funds

Financial assistance shall be provided from available funds to qualified applicants for approved training program costs, which may include, but not be limited to, tuition at training schools, the salaries of trainees while at training schools, and the necessary travel and room and board expenses of trainees.

20 Ill. Adm. Code 1700.40 Applications

a) A local governmental agency wishing to receive financial assistance shall submit a complete application to the Police Training Board office on forms prescribed or provided by the Board. Applications should be mailed to the Illinois Police Training Board, 524 South Second Street, Springfield, Illinois 62706.

b) Claims for reimbursement for mandatory training programs shall include, but not be limited to, the name of the claimant, the trainee served, the dates of training, the title of course received, the location of training, and the specific cost of training, including tuition, salary, lodging, food, and transportation.

c) An application to receive financial assistance must be received by the Board no later than July 15 for funding for mandatory training programs, and no later than April 1 for in-service training programs.

20 Ill. Adm. Code 1700.50 Board Review

a) The Board may request additional information from the applicant if the Board determines other information is necessary to adequately complete its review of the application. Additional information will be requested only when the application, on its face, does not provide the Board with sufficient information to determine if the program or project is eligible for funding pursuant to the Acts and Board regulations.

b) The requested information must be submitted to the Board in a timely fashion so as to allow for adequate review prior to the next quarterly Board meeting. "Timely fashion" means the Board must have enough time to review the information to determine if the application conforms and complies with the requirements stated in the Acts and rules adopted pursuant thereto.

c) Failure to provide such additional information may result in denial of the application or postponement of the review process until the following Board meeting.

d) In reviewing an application, the Board must determine if the proposed program or project is necessary and in the public interest to promote and protect the health, safety and welfare of the public. Factors which the Board must consider include, but are not limited to, the need for the proposed program or project in this State, the specific training needs of the locality involved, and the financial practicality of the venture.

20 Ill. Adm. Code 1700.60 Certification

Every applicant for financial assistance shall certify that the contents submitted as part of the application are complete and a true and accurate representation of the program involved, and the expenditures incurred or to be incurred.

20 Ill. Adm. Code 1700.70 Approval by the Board

a) The Board shall notify the applicant within thirty days after it decides to grant an applicant financial assistance. Applicants who receive approval for basic training funds will receive a copy of the state voucher authorizing payment. Applicants who receive approval for in-service training funds will be notified in writing.

b) The applicant must comply with the application as approved by the Board. Applicants who do not comply with the terms of an approved application may have disbursement reduced or denied. In determining whether there will be a reduction or denial of disbursements, the Board will compare the terms of the approved application with the actual practices of the approved applicants, and;

Any variance from the approved application that results in the negation of the existence of the factors necessary for approval of disbursements pursuant to Section 1700.50(d) of these rules shall result in the denial of disbursements; or
Any variance that does not negate the reasons for approval pursuant to 1700.50(d), but results in a requirement of a lesser amount of funds than approved previously, will result in a reduction of disbursements to that level actually required.

c) Board approval must ensure the applicants are complying with the Acts and regulations adopted pursuant thereto.

20 Ill. Adm. Code 1700.80 Denial by the Board

If the Board denies an application for financial assistance, it shall within thirty days provide the applicant with a letter of denial setting forth the reasons for its decision.

20 Ill. Adm. Code 1700.90 State Disbursements (repealed)

History

Source: Repealed at 8 Ill. Reg. 4169, effective March 20, 1984

20 Ill. Adm. Code 1700.100 Accounting Reports

Upon written request by the Board, recipient local governmental agencies shall provide an accounting to the Board within 60 days, containing all expenditures incurred for programs funded under these Rules. In order to test compliance with the requirements of the Act and these Rules, the Board will, on a random basis, investigate the expenditures of programs funded under these Rules.

20 Ill. Adm. Code 1700.105 Law Enforcement Camera Grant Act (repealed)

History

Source: Repealed at 46 Ill. Reg. 11484, effective June 23, 2022

20 Ill. Adm. Code 1700.110 Severability Clause

If any provision of these Rules or the application thereof is invalid, such invalidity shall not affect other provisions or application, and to this end the provisions of these Rules are declared to be severable.

Part 1705 Law Enforcement Camera Grant Act

20 Ill. Adm. Code 1705.100 Purpose

The purpose of this program is to provide financial assistance from the Law Enforcement Camera Grant Fund to eligible public law enforcement agencies for the purchase of in-car video cameras for use in law enforcement vehicles, the purchase of officer-worn body cameras and associated technology for law enforcement officers, and training for law enforcement officers in the operation of these cameras. (Section 1 of the Act)

20 Ill. Adm. Code 1705.110 Definitions

“Act” means the Law Enforcement Camera Grant Act [50 ILCS 707].

“Active law enforcement officer” means any law enforcement officer who is listed on the roster of a law enforcement agency and is not on inactive status pursuant to the provisions of Section 8.1 of the Police Training Act.

“Agency” or “law enforcement agency” means any law enforcement unit of government or municipal corporation in this State. It does not include the State of Illinois or any office, officer, department, division, bureau, board, commission, or agency of the State, except that it does include a State-controlled university, college or public community college pursuant to the provisions of Section 2 of the Police Training Act.

"Board" means the Illinois Law Enforcement Training Standards Board created by the Illinois Police Training Act. [50 ILCS 705/2, 706/10 and 707/5]

“GATA” means the Grant Accountability and Transparency Act [30 ILCS 708/1].

"In-car video camera" means a video camera located in a law enforcement patrol vehicle.

"In-car video camera recording equipment" means a video camera recording system located in a law enforcement patrol vehicle consisting of a camera assembly, recording mechanism, and an in-car video recording medium. [50 ILCS 707/5]

“Inactive law enforcement officer” means any law enforcement officer who is on inactive status pursuant to the provisions of Section 8.1 of the Police Training Act.

“Law enforcement officer” or "officer" means any person employed by a unit of local government or an Illinois public university as a policeman, peace officer or in some like position involving the enforcement of the law and protection of the public interest at the risk of that person's life. [50 ILCS 707/2]

"Officer-worn body camera" means an electronic camera system for creating, generating, sending, receiving, storing, displaying, and processing audiovisual recordings that may be worn on or about the person of a law enforcement officer. (Section 5 of the Act)

20 Ill. Adm. Code 1705.120 Eligibility

a) GATA Compliance. In additional to the specific criteria identified below, all applicant agencies must be registered in the Grantee Portal and be “qualified” as described by the Grant Accountability and Transparency Act Administrative Rules (see 44 Ill. Adm. Code 7000.70).

b) Eligibility Criteria. Law enforcement agencies meeting the following criteria are eligible for financial assistance from the Law Enforcement Camera Grant Fund. The law enforcement agency must:

be an Illinois law enforcement agency of a unit of local government, or public university that is recognized by the Board.
list their active law enforcement officers on a roster on file with the Board.
indicate that all active law enforcement officers reflected on the agency roster subject to the mandated training requirements of Section 7 of the Police Training Act are compliant with all Board training requirements at the time of award. Any officer that is not compliant may be listed as inactive upon reporting the date the officer left service, their expected date of return, the reason for leaving service, and an acknowledgement that all outstanding training will be completed within 60 days of return.
be compliant with all reporting requirements of Sections 15 and 20 of the Law Enforcement Camera Grant Act and Section 10-25 of the Law Enforcement Officer-Worn Body Camera Act [50 ILCS 706].

c) Post-award Compliance. All grant recipients must continue to meet the requirements of the Law Enforcement Camera Grant Act, the Grant Accountability and Transparency Act, and all corresponding administrative rules after award.

20 Ill. Adm. Code 1705.130 Application

a) Grant applications for financial reimbursement under this program must be submitted in accordance with schedules to be publicly announced annually by the Board in accordance with the Grant Accountability and Transparency Act. Necessary application forms and instructions are available through the Board's website at ptb.illinois.gov and will be made available at the opening of each grant period. Announcements will be made in the Catalog of State Financial Assistance as a Notice of Funding Opportunity (NOFO) in accordance with 44 Ill. Adm. Code 7000.310.

b) Grant applications shall consist of the following basic components, at a minimum:

The applicant law enforcement agency’s name, address, email address, and telephone number.
Whether the agency is requesting grant funding for cameras that have already been purchased or for anticipated purchases.
The number of active law enforcement officers working at the law enforcement agency.
A signature from the law enforcement agency chief executive verifying the applicant agency has completed the application truthfully and will comply with program regulations relative to the project.

20 Ill. Adm. Code 1705.140 Awards

a) The Board shall make awards in accordance with the evaluation and selection criteria of this Section as reflected on the Notice of Funding Opportunity (NOFO) as published in the Catalog of State Financial Assistance.

b) When making awards and disbursing grant funds, the Board shall take the following factors into consideration:

The number of law enforcement officers employed by the law enforcement agency will be taken into consideration in dispersing Camera Grant funds.
The number of vehicle cameras currently available to the law enforcement agency will be taken into consideration in dispersing Camera Grant funds.
The median household income in the law enforcement agency’s community (as identified by the U.S. Census Bureau) will be taken into consideration in dispersing Camera Grant funds.
The crime rate in the law enforcement agency’s community (as identified by the Illinois State Police) will be taken into consideration in dispersing Camera Grant funds.
The total number of vehicular accidents/crashes in the law enforcement agency's community, as well as the number of those accidents/crashes involving alcohol or drugs, will be taken into consideration in dispersing Camera Grant funds.
Whether or not the law enforcement agency's community received revenue from red light and or speed enforcement cameras within the last three years will be taken into consideration in dispersing Camera Grant funds.
Whether or not the applicant agency is compliant with the reporting requirements of the Uniform Crime Reporting Act will be taken into consideration in dispersing Camera Grant funds. (Section 10 of the Act)
Whether or not the applicant agency is compliant with all reporting requirements of Sections 15 and 20 of the Act and Section 10-25 of the Law Enforcement Officer-Worn Body Camera Act [50 ILCS 706].

c) Awards will be made based on the total amount of funds approved by the Board relative to the amount of available funding. After evaluating the award criteria, the Board may accelerate processing and or reduce an award from the law enforcement agency’s requested amount.

d) The Board will issue a Notice of State Award (NOSA) through the Catalog of State Financial Assistance and in accordance with the Grant Accountability and Transparency Act and GATA Rules. (See 44 Ill. Adm. Code 7000.360)

e) Agencies may accept an award via the GATA Grantee Portal in accordance with the practices prescribed in the Grant Accountability and Transparency Act and corresponding administrative rules found at 44 Ill. Adm. Code 7000.

20 Ill. Adm. Code 1705.150 Distribution of Funds

a) After accepting an award, applicant agencies must submit the following documentation prior to receiving any distribution of funds:

Documentation indicating the date the purchase was initiated;
The number of cameras purchased and received;
The per unit cost of each camera;
The description, cost, and quantity of any associated technological equipment required for operating the cameras; and
Documentation that the costs associated with the purchase of the cameras and associated technology has been satisfied with a payment, and the date such payment was made.

b) For any in-car cameras, the applicant agency must show proof of installation prior to the distribution of funds.

c) The process for obtaining any equipment under this grant must meet the record keeping and procurement standards of Section 200.318 of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. (2 CFR 200.318 General Procurement Standards)

20 Ill. Adm. Code 1705.160 Program Compliance

After receiving an award, an agency must remain compliant with all reporting requirements of the Law Enforcement Camera Grant Act and the Law Enforcement Officer Body-Worn Camera Act.

20 Ill. Adm. Code 1705.170 Cancellation

Agencies are expected to utilize the cameras funded under this program for at least 3 years. Any agency that removes a camera from service prior to the third year of the camera’s purchase shall submit a report to the Board identifying the make, model, and serial number of the specific camera, as well as a statement explaining the reason for retirement. Any and all records associated with cameras awarded under this program must be retained for a period of at least 3 years. (See 44 Ill. Adm. Code 7000.430.)

20 Ill. Adm. Code 1705.180 Model Rules for in-Car Cameras

Any agency receiving grants from the Board for in-car video cameras must adopt a written policy based upon the following model.

a) Installation: Cameras must be permanently installed in law enforcement agency vehicles.

b) Recording:

Cameras must be turned on continuously throughout the officer's shift.
Video recording must provide audio of the officer when the officer is outside of the vehicle.

c) Access to Recordings:

Camera access must be restricted to the supervisors of the officer in the vehicle.
A copy of the video record must be made available upon request to personnel of the law enforcement agency, the local State's Attorney, and any persons depicted in the video, as provided by law. Procedures for distribution of the video record must include safeguards to protect the identities of individuals who are not a party to the requested stop.

d) Minimum Storage: Law enforcement agencies that receive moneys under this grant shall provide for storage of the video records for a period of not less than 2 years.

e) Reporting:

Each law enforcement agency receiving a grant for in-car video cameras under Section 10 of the Act must provide an annual report to the Board, the Governor, and the General Assembly on or before May 1 of the year following the receipt of the grant and by each May 1 thereafter during the period of the grant (while cameras remain in use). The report shall include the following:

A) The number of cameras received by the law enforcement agency;

B) The number of cameras actually installed in law enforcement agency vehicles;

C) A brief description of the review process used by supervisors within the law enforcement agency;

D) A list of any criminal, traffic, ordinance, and civil cases in which in-car video recordings were used, including party names, case numbers, offenses charged, and disposition of the matter.

Proceedings to which this subsection (e)(1)(D) applies include, but are not limited to, court proceedings, coroner's inquests, grand jury proceedings, and plea bargains.

f) Additional Information: From time to time, the Board may request any other information relevant to the administration of the program. (Section 15 of the Act)

20 Ill. Adm. Code 1705.190 Model Rules for Body-Worn Cameras

Any agency receiving grants from the Board for officer-worn body cameras must adopt a written policy based upon the following model:

a) Written Policy: Any agency receiving a grant for officer-worn body cameras must adopt a written policy based upon this Section and the Board’s basic guidelines published pursuant to the Law Enforcement Officer-Worn Body Camera Act.

b) Reporting:

Each law enforcement agency receiving a grant for officer-worn body cameras under Section 10 of this Act must provide an annual report to the Board, the Governor, and the General Assembly on or before May 1 of the year following the receipt of the grant and by each May 1 thereafter during the period of the grant (while cameras remain in use). The report shall include:

A) A brief overview of the makeup of the agency, including the number of officers utilizing officer-worn body cameras;

B) The number of officer-worn body cameras utilized by the law enforcement agency;

C) Any technical issues with the equipment and how those issues were remedied;

D) A brief description of the review process used by supervisors within the law enforcement agency; and

E) For each recording used in prosecutions of conservation, criminal, or traffic offenses or municipal ordinance violations:

i) The time, date, and location of the incident; and

ii) The offenses charged and the date charges were filed.

F) For each recording used in a civil proceeding or internal affairs investigation, including:

i) The number of pending civil proceedings and internal investigations;

ii) In resolved civil proceedings and pending investigations:

iii) The nature of the complaint or allegations;

iv) The disposition, if known; and

v) The date, time, and location of the incident.

Additional Information: From time to time, the Board may request any other information relevant to the administration of the program. (Section 20 of the Act)

20 Ill. Adm. Code 1705.199 Agency Contact

For information on the Law Enforcement Camera Grant Program, contact:

Illinois Law Enforcement Training & Standards Board

Attention: Grant Administration

4500 S. Sixth Street Road

Springfield, IL 62703

Phone: 217-782-4540

Email: ptb.grants@illinois.gov

Chapter V Illinois Local Governmental Law Enforcement Officers Training Board

Part 1710 Additional Compensation for Law Enforcement Officers Meeting Certain Educational Standards

20 Ill. Adm. Code 1710.10 Definitions

"Board" means the Illinois Local Governmental Law Enforcement Officers Training Board created by the Illinois Police Training Act (Ill. Rev. Stat. 1981, ch. 85, pars. 501 et seq.).

"Law enforcement officer" or "officer" means any person who has been employed full time for at least a year by a county, municipality or township as a policeman, peace officer, or in some like position involving the enforcement of the law and protection of the public interest at the risk of that person's life.

"Municipality" means a city, village or incorporated town.

20 Ill. Adm. Code 1710.20 "law Enforcement Related Courses"

a) The 30 semester hours of law enforcement related courses must have been earned in a law enforcement related program. Programs which are related to law enforcement include, but are not limited to, the following:

Law Enforcement/Police Science/Police Administration
Forensic Science/Criminalistics
Criminal Justice/Criminal Justice Administration
Criminal Justice Planning/Evaluation
Administration of Justice
Criminology
Law
Judicial Management/Court Administration
Corrections/Correctional Administration/Probation-Parole
Psychology
Social Justice
Social Welfare/Social Work
Sociology/Anthropology
Behavioral Science
Public Administration/Public Management/Public Service

b) Credits to be acceptable must have been awarded by an institution of higher learning (community or junior college, senior college or university) which has been accredited by a recognized regional accreditation association, or which has accreditation pending with such an association.

c) A minimum grade of "C," or its equivalent, must be attained in a course as a requirement for acceptance.

d) For purposes of effective administration, only those credits acquired before February 1, 1975 (and by February 1st each year thereafter) shall be considered in determining eligibility for the financial benefits provided by this Act.

e) For those applicants on a quarter-hour system, one and one-half (1½) quarter hours shall be considered as equaling one semester hour.

20 Ill. Adm. Code 1710.30 Administrative Procedures

a) Officer's Responsibilities

Each officer who believes he possesses the minimum credits required to qualify for the incentive pay shall complete the application form prescribed by the Board, identifying the pertinent educational institution, the courses completed which are considered as "related to law enforcement" under the established criteria, the credits earned, and the grades attained in each course. The completed application should then be submitted to the designated liaison officer of the governmental unit.
It shall be the officer's responsibility to arrange for a certified copy of his transcript of credits to be mailed directly to the Board from the educational institution involved in order to officially validate the credits claimed. Any fees levied by the institution in connection with furnishing the certified transcript shall be borne by the officer.
When an officer has less than one year of service at his present agency, but has prior employment with another agency, it shall be his responsibility to verify this employment to the Board.

b) Responsibilities of the County, Municipality or Township

Each participating local governmental unit shall designate a responsible official to serve as liaison between the unit and the Board. He shall be employed in such a capacity that he can and shall attest to the length of employment of the officer and to the officer's rate of pay. The liaison officer, however, will have no authority to approve or disapprove the officer's application, but may assist the officer, if necessary, in preparing the application.
A cover letter transmitting the applications shall be prepared and signed by the chief official of the governmental unit. This cover letter shall include:

A) Names of all officer applicants, indicating whether new applicants or previous applicants, and also indicate any changes in status, rank and salary.

B) The total dollar amount being applied for as perceived by the official.

C) Assurances that when State funds are received, they shall be appropriately disbursed to eligible officers and evidence that such disbursement has taken place furnished the Board.

All grant applications must be mailed together and with the cover letter in time to be received at the Springfield Office of the Board no later than April 21, 1975. All transcripts must have been received at the Board no later than May 2, 1975. By resolution to be adopted no later than December 15th each year thereafter, the Board shall establish future appropriate deadlines for such grant applications and transcripts to be received.
Upon receipt of the State warrant issued in payment of a grant request, appropriate distribution to eligible officers shall be made by the governmental unit involved. The local agency shall furnish evidence that such distribution has actually taken place.

c) Responsibilities of the Board

The Board shall prescribe the required application forms and shall furnish each participating local governmental unit with an adequate supply of such forms.
The Board shall promptly acknowledge receipt of all grant applications.
Should the total amount of approved grant requests exceed the funds available, payment shall be apportioned among the participating units of local government (Ill. Rev. Stat. 1981, ch. 85, par. 540).
No more than 50% of any appropriation under this Act shall be spent in any municipality having a population of more than 500,000 (Ill. Rev. Stat. 1981, ch. 85, par. 540).
Should the Board deny the application of any officer, the reasons for such denial shall be made known to both the officer and to the appropriate officials of the governmental unit.
As soon as is reasonably practical after the deadline for receipt of applications has passed, the Board shall prepare the necessary vouchers from which State warrants, payable to the Treasurer of each eligible governmental unit, shall be issued in satisfaction of approved grant request.

Chapter V Illinois Law Enforcement Training and Standards Board

Part 1720 Illinois Police Training Act

20 Ill. Adm. Code 1720.10 Course Requirements

a) Minimum Hours

The Board, from time to time, shall set the minimum number of hours in prescribed subjects of the Minimum Standards Basic Law Enforcement Officers Training Course. An hour of instruction is defined as being 50 minutes of actual instruction plus a 10 minute recess period.
The Board strongly recommends that the minimum number of hours set by the Board be exceeded whenever possible.

b) The Minimum Standards Basic Law Enforcement Officers Training Course shall consist of concentrated study which is continuous and full time.

c) The Basic Course shall cover the prescribed subjects with the instructional time as specified in the approved curriculum and instructor's guides.

d) Training in advanced and specialized areas of police work must follow curricula approved by the Board to be reimbursable.

e) In-service refresher type training on a departmental or regional level should be designed to meet particular problems of that locale. Therefore, each proposed course of this type shall be considered for reimbursement on an individual basis by the Board.

History

Source: Amended at 47 Ill. Reg. 9369, effective June 23, 2023

20 Ill. Adm. Code 1720.15 Equivalency Examination

a) The Executive Director may grant certification or a waiver of basic training requirements set forth by the Board if, by reason of extensive prior experience as a law enforcement officer or prior experience as a county corrections officer, the basic training requirement is illogical or unreasonable. The Executive Director may require the applicant to take and successfully pass the Board's Equivalency Examination if the Executive Director, in reviewing prior experience and training, determines that there is a need for the applicant to demonstrate current knowledge of Illinois law and procedures. Factors the Executive Director shall consider in determining the need for the Equivalency Exam shall include, but not be limited to, the type and length of prior experience as a law enforcement or county corrections officer, prior certificates for training, and education.

b) The Board shall establish a minimum passing score. In establishing a minimum score, the Board will ensure that the score reflects the knowledge and competency of the applicant. Any applicant who did not successfully complete the Trainee Basic Law Enforcement or Correctional Officers Training Course or a State academy, and is seeking certification based on other training must successfully pass the Equivalency Examination. Prior to December 15, 2022, the minimum passing score will be established by the Board within the range of 60 to 80% of the total score. Beginning, December 15, 2022, the acceptable passing score shall be 66%.

c) The content of the test shall include, but not be limited to, material in the areas specified in Section 7(a) of the Illinois Police Training Act (Act) and subjects covered in the Peace Officer and Probation Officer Firearm Training Act [50 ILCS 710].

d) The Board shall at least biennially review the content of the examination and minimum passing score to ensure accuracy and reliability.

e) Beginning December 15, 2022, an officer may challenge the Equivalency Examination three times in their career.

History

Source: Amended at 47 Ill. Reg. 9369, effective June 23, 2023

20 Ill. Adm. Code 1720.20 Minimum Requirements of the Trainee

a) Regular attendance at all sessions is required. However, excused absences may be granted by the Academy Director under certain limited circumstances beyond the trainee's control, which may include, but not be limited to, a death in the family, illness, response to a court subpoena, disability, or a transportation breakdown. In order to successfully complete the course, absences must not exceed ten percent of the total hours of instruction for any Board certified course of instruction.

b) Trainees shall maintain an adequate classroom notebook. Factors to be considered in rating the notebook are neatness, legibility, accuracy and sufficiency of content. "Adequate", for purposes of this subsection, refers to:

Neatness. Requires concise organization of the notes. All notes and handouts will be placed in the book or received during the course. Dividers into topics are required.
Legibility. Put down notes in brief, clear complete sentences. Underline the important items. Lined notebooks or typing paper for typing should be used.
Accuracy. The notes taken in class must precisely reflect the content of the class.
Sufficiency of content. Notes should be in the trainee's own words. The trainee should strive to achieve condensation of the material clearly and concisely.

c) Trainees shall successfully complete the firearm training course as required by the Peace Officer and Probation Officer Firearm Training Act [50 ILCS 710].

d) An overall average of 70% must be achieved on all written examinations given during any course of training. Separate evaluation of any skill-oriented performance requirements shall be made by the Academy Director on a satisfactory/unsatisfactory basis.

e) The Academy Director shall establish standards of conduct for the trainee while enrolled at the academy. These shall include demeanor, deportment and compliance with the discipline and regulations of the school or course. Receipt of certification of the successful completion of the course from the academy shall be deemed proof that the trainee has complied with the requirements of this subsection.

f) Each trainee who has not been awarded a certificate attesting to the trainee's successful completion of the Minimum Standards Basic Law Enforcement Training Course as prescribed by the Board within 6 months after the trainee's initial full-time employment must forfeit the trainee's position, or the employing agency must obtain a special extension waiver from the Board extending the period for compliance. Such waivers shall be issued only for good and justifiable reasons, and in no case shall extend more than 90 days beyond the initial 6 months. [50 ILCS 705/8.1(a)] Good and justifiable reasons for a waiver include, but are not limited to, unavailability of academy space for training, illness or disability, and the need for the trainee to serve the trainee's department during the initial 6 month period.

g) Each trainee shall bring such equipment as required by the Course Director.

h) A trainee shall pass the State Comprehensive certification examination to qualify as a permanent law enforcement or permanent correctional officer, except as is otherwise provided for in the Illinois Police Training Act.

The test shall be in writing or conducted electronically. It shall be administered by the staff of the Board, or such other testing company or association expressly authorized by the Board.
The Board shall establish a minimum passing score. In establishing the minimum passing score, the Board will ensure that the score reflects the knowledge and competency of the trainee for law enforcement or correctional work. The minimum passing score will be established by the Board within the range of 60 to 80% of the total score. At the beginning of each training course the minimum passing score will be announced. Beginning December 15, 2022, the minimum passing score is 66%.
The content of the Comprehensive Examination for law enforcement officers may include, but not be limited to, material in the areas specified in Section 7(b) of the Illinois Police Training Act and subjects covered in the Peace Officer and Probation Officer Firearm Training Act [50 ILCS 710].
The content of the test for correctional officers may include, but not be limited to, material in the areas specified in 20 Ill. Adm. Code 1750.202 and subjects covered in the Peace Officer Firearm Training Act.
The Board shall at least biennially review the content of the Comprehensive Examination and minimum passing score to ensure they are current and reliable.

History

Source: Amended at 47 Ill. Reg. 9369, effective June 23, 2023

20 Ill. Adm. Code 1720.25 Procedures for Administration of Law Enforcement and Correctional Officers Certification Examination

a) The Comprehensive Examination will be administered to all trainee law enforcement and correctional officers who successfully complete the Trainee Basic Law Enforcement or Correctional Officers Training Course at a State-certified academy.

b) Trainees who successfully pass the Comprehensive Examination shall be eligible to receive a certification attesting to the trainee's successful completion of the Minimum Standard Basic Law Enforcement or Correctional Training Requirements.

c) Certification Examination scores will be reported in writing to the Chief Administrator of the trainee's employing agency within 14 days after the examination date.

d) Trainees are required to successfully complete the Comprehensive Examination on one occasion only. There are no requirements for re-qualification.

e) Only trainees who have successfully completed the Trainee Basic Training Law Enforcement or Correctional Officers Training Course with an average minimum score of 70%, as certified by the Academy Director, are eligible to take the Comprehensive Examination.

f) Each trainee must be a full-time law enforcement or correctional officer and be employed by a local law enforcement agency.

g) In the event the trainee fails to pass the Comprehensive Examination on the initial administration, the trainee will be allowed to re-take the Comprehensive Examination a maximum of 2 more times with respect to each appointment.

h) In order to be eligible to re-take the Comprehensive Examination, a written request must be submitted to the Board by the Chief Administrator of the trainee's employing agency. Upon receipt of the written request, the Board shall administer the re-take examination, except as may otherwise be provided in subsection (o).

i) Trainees who initially fail to pass the Comprehensive Examination will be administered an alternate version of the Comprehensive Examination on any successive re-takes.

j) The Board will establish and publish the locations with the dates and times for the administration of re-take Certification Examinations. Such exams will be given at least twice every 6 months.

k) In the event that a trainee fails to successfully complete the Comprehensive Examination and is discharged as an employee by a law enforcement agency, trainee is nevertheless eligible to re-take the Comprehensive Examination if employed by another local law enforcement agency. The trainee will be viewed as a new trainee by the Board and will be granted all rights that are provided to new trainees as specified in this Part.

l) The Comprehensive Examination will be administered on site at the academies or at a special testing facility, at the conclusion of the last week of the basic course.

m) The trainee will have 3.5 hours to complete the Comprehensive Examination. A trainee will be excused from completing the examination if the trainee is ill and excused by the proctor.

n) Individuals allowed within the testing area will be limited to Board-approved examination proctors and those who are taking the Certification Examination.

o) Any trainee who is uncooperative, disruptive or is thought to be cheating during the administration of the Comprehensive Examination will be ordered by the proctor to turn in the trainee examination and to leave the examination area. A complete written report of the incident will then be submitted to the Executive Director of the Board and to the Chief Administrator of the trainee's employing agency. The offending trainee shall have the opportunity within 7 days to submit a written report to the Executive Director describing the trainee's version of the event. In such cases it will be left to the discretion of the Executive Director to determine whether the trainee has forfeited the examination and whether the trainee is eligible to re-take the Comprehensive Examination. The Executive Director's determination will be based on the nature of the trainee's misbehavior and on the supporting evidence of such misbehavior.

History

Source: Amended at 47 Ill. Reg. 9369, effective June 23, 2023

20 Ill. Adm. Code 1720.30 School Standards and Requirements

a) Each academy or course certified by the Board shall operate, for the duration of the academy or course, under a full-time Academy Director approved by the Executive Director of the Board.

b) The Academy Director shall assume the responsibility of the overall supervision of the school, including the preparation and grading of examinations, rating of classroom notebooks, arranging for qualified instructors, providing for food and lodging for the trainees where appropriate, arranging for adequate training facilities such as classrooms, props, gymnasium and safe firearms ranges, and the conduct and discipline of the trainees.

c) The Academy Director shall maintain complete records on each trainee and, at the conclusion of the course, submit those records to the Executive Director of the Board for filing in such form as he may require. A copy of the performance record of each trainee shall also be furnished to the trainee's employing agency, including demeanor and deportment of the trainee.

d) The Academy Director shall make a final determination as to whether a trainee has satisfactorily passed all reasonable standards and requirements of a particular course of training. The Academy Director shall also have the authority to dismiss from the school any trainee prior to the completion of the course, if, in the opinion of the Academy Director, the trainee is unable or unwilling to satisfactorily complete the prescribed course of training. Immediately upon dismissal action, the Academy Director shall submit a written report to the Executive Director and the trainee's employing agency.

e) The Academy Director shall set reasonable fees for any training course, including tuition and room and board where applicable. The local governmental agency employing the trainee shall pay the fees directly to the training school or employing agency.

f) Approval of Training Course

A formal letter of application for certification of a training course under the Illinois Police Training Act must be submitted to the Executive Director by the sponsoring agency and/or the course Director. The application must include course objectives, curriculum outline, a brief description of what is taught under each topic, the complete schedule of the school (hour by hour and day by day and lesson plans) and the names and qualifications of the instructors to be used. The application must also list the specific location of the physical facilities to be used, including firearms ranges and detailed justification regarding fees to be charged, as set forth in subsection (e). Applications shall be submitted at least 45 days prior to the next regularly scheduled meeting of the Board.
After the complete program of the proposed course is evaluated, the applicant will be notified by the Executive Director as to whether the course is approved or disapproved.

g) The Academy Director shall have the responsibility of administering the Board's Physical Fitness Training Standards to all trainees before the trainees commence the Minimum Standard Basic Law Enforcement Training Course. A trainee must successfully meet the Board's Physical Fitness Training Standards as described in subsection (h).

h) Every trainee shall be required to perform and successfully complete all of the Board's physical fitness (POWER) tests in the sequence delineated in this Section. The tests shall be as follows:

Every trainee shall meet the Board's sit and reach standard as defined in Appendix A.
Every trainee shall meet the Board's one minute sit-up standard as defined in Appendix A.
Every trainee shall meet the Board's benchpress standard as defined in Appendix A.
Every trainee shall meet the Board's 1.5 mile run standard as defined in Appendix A.

i) If a trainee fails any standard listed in subsection (h), the Academy Director is authorized to administer a re-test on that specific standard on one more occasion. A trainee only needs to retake the standards of the sequence he or she failed. The re-test must be administered between 48 and 72 hours after the conclusion of the first test.

j) Within the final week of the academy, the trainee must complete the sequence of physical fitness tests set forth in subsection (h) again and the results of these tests must be shared with the Board for analysis.

History

Source: Amended at 47 Ill. Reg. 9369, effective June 23, 2023

20 Ill. Adm. Code 1720.35 Academy Entrance Qualifications

a) A person shall not be eligible to enter a Board-certified Minimum Standards Basic Training Course if:

the Board determines that person is not a person of good character; or
that person has been convicted of a felony, decertifiable misdemeanor as prescribed in Section 6 of the Illinois Police Training Act, or any other crime involving moral turpitude.

b) Moral turpitude includes, but is not limited to, actions that contravene the need to protect the public, fail to meet the integrity of the profession, or do not preserve the administration of justice from reproach.

c) An applicant's employer agency shall submit to the academy an authorization to obtain and release information and a written certification within 30 days prior to the first day of basic training. The written certification shall attest that the applicant's background has been checked and verified and that the applicant meets the requirements set forth in subsection (a) and Section 6 of the Illinois Police Training Act.

d) The written certification shall contain the following information:

Name and address of employer agency;
Name and address of applicant;
Verification that the criminal history of the applicant has been examined and contains no violation as specified in the Illinois Police Training Act or this Part;
Verification that the personal history of the applicant has been examined and that the applicant is of good character; and
Dated signatures of the agency head on the application with an attestation from the applicant that the information is true and correct.

e) The Academy Director shall review the qualifications of the applicant within the first 2 weeks of training. An applicant's continued participation in the academy is conditional upon this review.

f) In the event that the Academy Director determines that an applicant does not meet the standards set forth by law, the applicant's employer agency shall be notified in writing that the applicant is not eligible to enter the academy and the applicant shall be sent home. Reasons for the denial shall be in writing.

g) Any employer agency who wishes to appeal the decision of an Academy Director denying admission into a Board-certified academy shall, within 10 days after receipt of the denial, submit a written request for review to the Executive Director of the Board.

h) The Executive Director of the Board shall have 30 days after receipt of the request to undertake a review of and investigate the Academy Director's decision. Failure to cooperate in the investigation on the part of the applicant or employer agency may result in the Academy Director's decision being confirmed.

i) The Executive Director shall decide within 30 days whether to confirm or overrule the Academy Director's decision. If the Executive Director confirms the decision, or if the Board in any way believes the individual to lack the requisite characteristics to serve as a law enforcement officer, the Board shall issue a formal Finding of Ineligibility to the applicant and the employing agency.

j) In the event the Executive Director confirms the decision, the applicant's employer agency may, in writing, file an appeal, within 10 days after receipt of the Executive Director's decision. The Board's Certification Review Panel shall review the record at the next regularly scheduled meeting to confirm or overrule the Executive Director. The Certification Review Panel shall make its recommendation to the Board at the Board's next regularly scheduled meeting.

k) If an appeal is filed, an applicant will be granted the 90 day waiver in Section 8.1 of the Act to complete basic training.

History

Source: Amended at 47 Ill. Reg. 9369, effective June 23, 2023

20 Ill. Adm. Code 1720.40 Qualification of Police Instructors

a) The instructor shall have a sufficient educational background and/or experience necessary to meet the instructional demands that will be made of him or her.

b) The instructor shall be an individual of personal integrity and have a sincere interest and desire to impart knowledge and experience to the persons under instruction.

c) The Executive Director shall decide whether a particular instructor meets the qualifications set forth in the Section. This decision shall be based on investigation of the credentials of the particular instructor.

History

Source: Amended at 28 Ill. Reg. 13537, effective September 23, 2004

20 Ill. Adm. Code 1720.50 Reimbursements

a) The Board will, within certain limitations, reimburse the local governmental agency for one half the cost of training the officer as follows:

The trainee's salary during the training period.
The cost of lodging and meals incurred when the trainee is required to be away from his residence overnight, subject to the same limitations applicable to employees of the State of Illinois (see 80 Ill. Adm. Code 2800.Appendix A and 3000.400(b)). If the trainee returns to his residence each night, no lodging or food expense, except for lunch, will be allowed.
The cost of necessary travel expense incurred. Where travel is by car, the standard State mileage rate (see 80 Ill. Adm. Code 3000.300(f)(2)) will be allowed, but travel must be outside the city where the school is located.
The cost of school tuition and fees.

b) In no case will reimbursement for any particular course exceed the maximum amount set by statute. Reimbursement of salary will not be considered if a trainee is required to work during any part of a training course.

c) Reimbursement to Employer

Reimbursement will be made by the Board to those local home rule governmental units who have demonstrated their desire to participate in the program by passing the necessary resolution or ordinance and filing a copy of that resolution or ordinance with the Board and who have complied with other provisions of the Act.
Reimbursement will also be made by the Board to those local non-home-rule governmental units who employ at least one full-time law enforcement officer as defined in the Act and who have complied with other provisions of the Act.

d) Reimbursement will be made by the Board only once for a particular training course in which the same officer may be enrolled the second time, unless unusual circumstances exist.

e) As a general rule, reimbursement will not be made by the Board for any type of non-basic training unless the trainee has been awarded a certificate attesting to his successful completion of the Minimum Standards Basic Law Enforcement Officers Training Course prior to such training or has been granted a waiver of the Basic Course requirement.

History

Source: Amended at 28 Ill. Reg. 13537, effective September 23, 2004

20 Ill. Adm. Code 1720.60 Requirements of Participating Local Agencies

Each participating law enforcement agency shall:

a) Specifically inform each full-time officer appointed after January 1, 1976 that, as a condition of permanent employment, the officer must successfully complete the prescribed basic course of training within the first 6 months after employment.

b) Fully cooperate with the Board by furnishing reports and information the Board deems necessary to fully implement all provisions of the Act.

c) Not appoint any person as a permanent full-time law enforcement officer who has not been awarded a certificate by the Board attesting to successful completion of the required basic training course within the first 6 months of employment. A waiver of this training requirement may be obtained under the conditions set forth in Section 1720.20(f).

d) Before a full-time police officer can be vested with law enforcement authority and permitted to patrol the public, each law enforcement agency must activate the certification of an individual by:

For newly hired and trained officers,

A) conducting a thorough background check on the individual,

B) confirming the individual completed an approved training academy, and

C) confirming the individual passed the Certification Examination.

For previously certified officers,

A) conducting a thorough background check on the individual in accordance with the Illinois Police Training Act,

B) submitting a request for reactivation to the Board, and

C) obtaining notice of reactivation from the Board.

For officers who have attended an academy and obtained certification in another state or with an agency of the federal government,

A) confirming certification through out-of-state reciprocity,

B) verifying the individual's prior trainings, and

C) confirming the individual completed all courses prescribed by the Board and passed the Equivalency Exam.

e) Terminate the employment of any law enforcement officer who fails to successfully complete the prescribed basic course within the first 6 months of employment, unless a waiver of the basic course requirement has been granted to the employing agency upon proper application to the Executive Director of the Board.

f) When appointing an officer who has previously been issued a certificate by the Board, the chief administrator of a law enforcement agency must request reactivation of said certification to allow the officer to exercise law enforcement authorities. An individual who is not certified by the Board or whose certified status is inactive shall not function as a law enforcement officer, be assigned the duties of a law enforcement officer by an employing agency, or be authorized to carry firearms under the authority of the employer, except as otherwise authorized to carry a firearm under State or federal law. 50 ILCS 705/8.1. Requests for reactivation will be addressed by the Board in a timely manner. Any request requiring more than 7 days to process will be addressed by a letter from the Board to the law enforcement agency administrator explaining the need for additional time.

g) When appointing an officer who has previously been issued law enforcement certification in another state or by a law enforcement agency of the federal government, the employing law enforcement agency may apply to the Board for an out-of-state reciprocity certification and allow the officer to complete the conditions assigned by the Board based upon the specific coursework already completed. The officer shall be deemed inactive until the Board issues the certification. An individual who is not certified by the Board or whose certified status is inactive shall not function as a law enforcement officer, be assigned the duties of a law enforcement officer by an employing agency, or be authorized to carry firearms under the authority of the employer, except as otherwise authorized to carry a firearm under State or federal law. 50 ILCS 705/8.1

History

Source: Amended at 47 Ill. Reg. 9369, effective June 23, 2023

20 Ill. Adm. Code 1720.70 Minimum Training Requirements for Illinois Sheriffs

a) Illinois Sheriffs shall successfully complete 20 hours of training at a Board certified training academy or a Mobile Team Training Unit organized pursuant to the Intergovernmental Law Enforcement Officer's In-Service Training Act [50 ILCS 720].

b) Notwithstanding subsection (a), Illinois Sheriffs may complete up to 20 hours of approved training by successfully completing training programs approved by the Executive Director of the Board. In order to obtain approval of a training program, the entity seeking approval shall submit the proposed training program to the Executive Director 30 to 90 days prior to the administration of the training program. The Executive Director shall approve or deny the proposed training program within 14 days following receipt of the proposal.

c) Proposed training programs submitted for approval shall contain an outline of the proposed training program, the dates when the proposed program will be offered, a listing of all instructors offering the proposed program, and the location of the proposed program.

d) In approving training programs, the Board will determine if the training relates to job tasks performed by Illinois Sheriffs within their own department or relates to the duties and responsibilities of Sheriffs in supervising law enforcement or correctional tasks within their own department. Approved training programs may include, but are not limited to, the local operation of correctional facilities, supervision of deputies or county correctional officers, operation of the Sheriff's department and methods of management regarding operational and administrative departmental quality control for county correctional or local Sheriff's departments.

e) If the Executive Director denies or requests additional information, the program is not approved. The Executive Director will verify in writing to the entity seeking approval when a training program is approved.

f) The Illinois Local Governmental Law Enforcement Officers Training Board shall maintain a record for each Sheriff in Illinois to determine the amount of hours of approved training each Sheriff receives during each calendar year.

g) Upon the completion of 20 hours of training approved by the Board, the Executive Director of the Board shall issue a certificate to the Sheriff attesting to the completion of training.

h) Upon completion of any Board approved training program, each Sheriff is responsible for submitting proof of completion of training to the Board's office in Springfield, Illinois.

i) Sheriffs who do not complete 20 hours of approved training prior to December 31 of any calendar year for the preceding calendar year will be issued a letter notifying them of non-compliance with the Board's training requirements.

History

Source: Amended at 28 Ill. Reg. 13537, effective September 23, 2004

20 Ill. Adm. Code 1720.80 Conservator of the Peace Training Course

a) Any person designated as a conservator of the peace under Section 3.1-15-25 of the Illinois Municipal Code [65 ILCS 5/3.1-15-25] or Section 4-7 of the Park District Code [70 ILCS 1205/4-7] must comply with the standards for basic law enforcement officers training as set out in the Police Training Act [50 ILCS 705] and Subpart A of this Part before exercising any police authority.

b) The standards for academy entrance, certification and decertification applicable to law enforcement officers shall be the same for conservators of the peace.

c) Any annual training required of law enforcement officers by State or federal law will be required of conservators of the peace.

d) The time limitations described in Section 1720.20(f) shall not apply to mayors, aldermen, presidents, trustees or park district board members.

History

Source: Added at 32 Ill. Reg. 14749, effective August 28, 2008

20 Ill. Adm. Code 1720.90 Safe-T Act Transitional Certification Authority

a) The Board may allow those officers who were actively employed as of July 1, 2022, but not been issued a certificate in the course of their career, to obtain a transitional certificate and remain eligible for active law enforcement employment.

b) To ensure that all officers who were formerly issued waivers or offered provisionary accommodations meet the training and examination thresholds of certification, the Board will review each such officer on a case by case basis and establish special condition for certification. The procedures for applying, satisfying, and receiving a transitional certificate may include attendance of a course or set of courses and the successful passage of an exam. Upon satisfaction of all established conditions, the officer will be issued a certificate and certificate number.

History

Source: Added at 47 Ill. Reg. 9369, effective June 23, 2023

20 Ill. Adm. Code 1720.100 Purpose (repealed)

History

Source: Repealed at 47 Ill. Reg. 9369, effective June 23, 2023

20 Ill. Adm. Code 1720.110 Definitions (repealed)

History

Source: Repealed at 47 Ill. Reg. 9369, effective June 23, 2023

20 Ill. Adm. Code 1720.120 Submission and Review of a Complaint (repealed)

History

Source: Repealed at 47 Ill. Reg. 9369, effective June 23, 2023

20 Ill. Adm. Code 1720.130 Certification Revocation (repealed)

History

Source: Repealed at 47 Ill. Reg. 9369, effective June 23, 2023

20 Ill. Adm. Code 1720.140 Reporting (repealed)

History

Source: Repealed at 47 Ill. Reg. 9369, effective June 23, 2023

20 Ill. Adm. Code 1720.150 Law Enforcement Training and Standards Board Costs and Attorney Fees Fund (repealed)

History

Source: Repealed at 47 Ill. Reg. 9369, effective June 23, 2023

20 Ill. Adm. Code 1720.200 Purpose

The purpose of this Subpart is to establish and set forth the requirements and guidelines needed to efficiently and effectively implement and enforce the statutory provisions authorizing the certification and the issuance of a permit for a qualified retired law enforcement officer to carry a concealed firearm.

History

Source: Added at 30 Ill. Reg. 7925, effective April 11, 2006

20 Ill. Adm. Code 1720.210 Statutory Authority

This Subpart C is promulgated pursuant to the provisions of the federal Law Enforcement Officers' Safety Act of 2004 (P.L. 108-277; 18 USC 926), as amended, and the authority vested in the Illinois Law Enforcement Training and Standards Board by the Illinois Police Training Act [50 ILCS 705/10.4] and the Peace Officer Firearm Training Act [50 ILCS 710/3]. This Subpart supplements existing State and federal laws.

History

Source: Amended at 39 Ill. Reg. 2578, effective February 5, 2015

20 Ill. Adm. Code 1720.220 Definitions

In this Subpart, unless otherwise specified:

"Act" means the Illinois Police Training Act [5 ILCS 705].

"Applicant" means an individual who submits a completed application form and the required fee to the Board to obtain a permit to carry a concealed firearm, administer a Certification Program, or to be approved as a Range Officer.

"Board" means the Illinois Law Enforcement Training and Standards Board created by Section 3 of the Illinois Police Training Act [50 ILCS 705/3].

"Certification Program" means a Board approved program that insures that an applicant meets the requirements of the federal Law Enforcement Officers' Safety Act of 2004 (P.L. 108-277; 18 USC 926), and the program requirements under 20 Ill. Adm. Code 1730.30, and includes a standard course-of-fire and information on the safe and lawful use of a firearm.

"Director" means the Executive Director of the Illinois Law Enforcement Training and Standards Board.

"Federal Act" means the federal Law Enforcement Officers' Safety Act of 2004 (18 USC 926).

"Firearm" means any weapon or device as defined in the Firearm Owners Identification Card Act [430 ILCS 65/1.1].

"FOID Card" means an Illinois Firearm Owners Identification Card issued by the Illinois State Police under the Illinois Firearm Owners Identification Card Act [430 ILCS 65].

"FOID Card Act" means the Illinois Firearm Owners Identification Card Act [430 ILCS 65].

"Organization" means those local governmental agencies described in the Illinois Police Training Act [50 ILCS 705/2].

"Law Enforcement Officer" means any police officer of a governmental agency who is primarily responsible for prevention or detection of crime and the enforcement of a criminal code or traffic or highway laws of any state or any political subdivision, and has statutory powers of arrest.

"Permit" means a certification issued by the Board that authorizes the named holder to carry a concealed firearm subject to the requirements of the federal Act and this Subpart.

"Permittee" means the named holder of a certification by the Board that authorizes the individual to carry a concealed firearm subject to the requirements of the federal Act and this Subpart.

"Qualified Retired Law Enforcement Officer" means an individual who:

separated from service in good standing from his or her employing agency (other than for reasons of mental disability);

was authorized to perform the specified law enforcement functions and held a position for which powers of arrest were granted by statute;

served as a law enforcement officer for an aggregate of 10 years or more before his or her separation in good standing from service with his or her agency, or separated from service in good standing (after completing any applicable probationary period of service) due to a service-connected disability as determined by the agency;

has met State firearms training and qualifications that are the same as the training and qualifications for active duty officers;

is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

is not prohibited by federal law from carrying a firearm.

"Range Officer" means an individual who has obtained approval from the Board to conduct a Board approved Certification Program for qualified retired law enforcement officers.

History

Source: Amended at 39 Ill. Reg. 2578, effective February 5, 2015

20 Ill. Adm. Code 1720.230 Compliance with Laws and Rules

a) All permit holders shall be knowledgeable of and shall comply with all federal, State, and local laws and rules and regulations pertaining to the possession and use of a firearm.

b) Any federal or State statute now existing, or duly enacted in the future, shall supersede any conflicting provision of this Subpart to the extent of the conflict, but shall not affect the remaining provisions of this Subpart.

c) Any violation of this Subpart and applicable federal or State laws may result in denial, suspension, cancellation or revocation of the permit.

History

Source: Added at 30 Ill. Reg. 7925, effective April 11, 2006

20 Ill. Adm. Code 1720.240 Eligibility Requirements

a) A permit to carry a concealed firearm may be issued to a qualified retired law enforcement officer, as defined in Section 1720.220, who:

Before separation from service was a certified law enforcement officer authorized by a local, State or federal law enforcement department, office or agency to carry a firearm in the course and scope of his or her duties;
Is in possession of a photographic identification issued by a law enforcement department, office or agency from which the individual separated in good standing as a law enforcement officer;
Has authorized an investigation to determine if the applicant has been convicted of any disqualifying criminal offenses, and the results of the investigation reveal no findings of guilt for any disqualifying offenses specified in the Act and the FOID Card Act;
Is in possession of a valid FOID Card identifying him or her; and
Is a resident of the State of Illinois.

b) Any qualified retired law enforcement officer making application to carry a concealed firearm pursuant to this Subpart shall, by signing the application form, affirm that he or she meets each of the eligibility requirements described in this Subpart under penalty of perjury.

History

Source: Amended at 39 Ill. Reg. 2578, effective February 5, 2015

20 Ill. Adm. Code 1720.245 Background Investigation

a) The applicant shall authorize the Board, through the Department of State Police, to conduct a complete search of its criminal history records and those of the Federal Bureau of Investigation, including the National Instant Criminal Background Check System, and of the files of the Department of Human Services relating to mental health and developmental disabilities and to obtain records of any conviction or patient hospitalization or other medical information that would disqualify the applicant from obtaining a permit or require revocation of a currently valid FOID Card.

b) A certification will not be issued if the results of the background investigation reveal a finding of guilt for a criminal offense or evidence of a disqualifying condition as specified in the Act or the FOID Card Act.

History

Source: Added at 30 Ill. Reg. 7925, effective April 11, 2006

20 Ill. Adm. Code 1720.250 Application Procedure

a) Any qualified retired law enforcement officer who wishes to apply for a permit under this Part may request an application in writing or by telephone from the Illinois Retired Officer Concealed Carry Program, P.O. Box 9860, Springfield, Illinois 62791, (217)726-9537 or online at www.ptb.state.il.us. The Board shall develop the application forms and necessary procedures to implement this program.

b) The completed application shall include a certification that it constitutes a sworn affidavit signed by the applicant attesting to compliance with the eligibility requirements.

c) An applicant must provide evidence of photographic identification issued by his or her prior local, State or federal law enforcement employer verifying the status of the applicant as having been separated from service in good standing.

d) All information on the application or any related document must be complete and accurate to the best of the applicant's knowledge. Failure to provide the information necessary to complete the application shall preclude any further processing and shall result in denial of the application.

e) An applicant shall pay a $75 (when seeking certification and permit to carry either a revolver or a semi-automatic pistol) or $100 (when seeking certification and permit to carry both a revolver and a semi-automatic pistol) non-refundable fee at the time the initial application is filed. The Board will review the fee amount annually and make its determination based on the program's operating costs. Failure to pay the required fee at the time the application is filed shall preclude any further processing and shall result in denial of the application. Payment shall be in the form of a check or money order. The Board shall not be responsible for cash lost in the mail.

f) An applicant must provide evidence of possession of a valid FOID Card at the time of application.

g) Written notification of approval or denial of an application shall be sent within 60 working days after receipt of a completed application by the Board, unless additional information is needed. Approved applications shall include additional information regarding the availability of ranges and requirements for the Certification Program. Failure of the Board to issue a written notification on an application within the 60 working day period shall not be deemed an approval of the application by the Board.

History

Source: Amended at 39 Ill. Reg. 2578, effective February 5, 2015

20 Ill. Adm. Code 1720.260 Permits

a) When an applicant has satisfied the requirements of this Subpart, the Board shall issue a concealed firearm permit. The permit shall certify that the permittee is qualified by the State to carry a concealed firearm under federal law and the provisions of this Subpart, and shall contain:

The permittee's legal name, as shown on the application;
The permittee's date of birth;
The type of firearm permitted to be carried;
A permit number;
The date of issuance and expiration of the permit; and
The title of the permit, the State Seal, and instructions to the permit holder.

b) The Board shall mail an approved permit to the applicant's residential address or mailing address shown on the application.

c) The permit to carry a concealed firearm is not valid unless the permit card is in the permittee's possession and accompanied by a valid FOID Card and the photographic identification issued by the law enforcement agency from which the permittee separated from service.

d) The permittee shall present his or her permit upon demand for inspection by a law enforcement officer.

e) All permit cards or other written authorization shall remain the property of the State and the permittee shall surrender his or her card to the Director or a designated representative upon written notice setting forth the reasons for the surrender.

f) All permit holders must maintain a current address and telephone number with the Board and report any changes within 10 days after the change.

g) Permits shall expire 12 months from the date of issue.

History

Source: Amended at 39 Ill. Reg. 2578, effective February 5, 2015

20 Ill. Adm. Code 1720.270 Denial, Suspension and Revocation

a) Failure to meet any of the requirements of this Subpart will result in denial of the application. In such cases, a portion of the application fee, not to exceed one-third, shall be retained to cover the administrative costs of processing the applicant. An applicant who is deemed eligible, but fails the Firearms Certification Program, shall not have any portion of the fee refunded.

b) Written notification of an administrative denial of an application shall be sent within 60 working days after receipt of a completed application by the Board. Notice of failure to successfully complete the Certification Program will be given at the test site and will be followed by a written notification with instructions to the permit applicant. Board failure to issue a written notification within 60 working days shall not be deemed approval of the application or the Certification Program by the Board.

c) A permit applicant must possess a valid FOID Card at the time of issuance of the permit. Revocation or suspension of rights under the FOID Card Act shall result in automatic revocation or suspension of the permit.

d) A finding of guilt for any of the offenses described in the Act shall result in automatic revocation of the permit.

History

Source: Amended at 39 Ill. Reg. 2578, effective February 5, 2015

20 Ill. Adm. Code 1720.280 Firearms Certification Program – Approval

a) A local, State or federal law enforcement department, office or agency wishing to administer a Certification Program to qualified retired law enforcement officers who retired from that department, office or agency shall submit for approval by the Board a curriculum that complies with the requirements established by the Board as set forth in this Part.

b) The course-of-fire standards for a Certification Program must be the same as the course-of-fire used for the annual qualification for that department, office or agency's active law enforcement officers.

c) Applicants must provide evidence of a system used to comply with the requirements of the federal Act and this Subpart.

d) No law enforcement department, office or agency approved to administer a Certification Program shall knowingly certify a qualified retired law enforcement officer qualified under the federal Act to carry a concealed weapon, unless a criminal background investigation of that person has been completed and that investigation reveals no findings of guilt for any criminal offenses or evidence of any disqualifying condition specified in the Act or the FOID Card Act.

History

Source: Amended at 39 Ill. Reg. 2578, effective February 5, 2015

20 Ill. Adm. Code 1720.290 Range Officer – Approval

a) The range officer shall have a sufficient educational background and/or experience necessary to meet the instructional demands that will be made of him or her in accordance with Section 1720.40.

b) The decision shall be based on an investigation of the credentials of the particular individual. No range officer shall be utilized in a Certification Program for qualified retired law enforcement officers who has not been previously approved as a Qualified Police Instructor for the course described in 20 Ill. Adm. Code 1730 (Mandatory Firearms Training for Peace Officers).

c) A range officer shall be in charge of all aspects of the course-of-fire Certification Program and shall certify in writing to the Board that the range to be used is safe for all phases of the required course-of-fire. The range officer shall be physically present at all times the Certification Program is being administered to an applicant and shall have the authority to dismiss any applicant for reasons of range safety.

d) The range officer shall certify and report in writing to the Board the results of an applicant's performance in the Certification Program.

History

Source: Amended at 39 Ill. Reg. 2578, effective February 5, 2015

20 Ill. Adm. Code 1720.300 Purpose

To provide training for lead death and homicide investigators.

History

Source: Added at 35 Ill. Reg. 21047, effective January 1, 2012

20 Ill. Adm. Code 1720.310 Definitions

"Act" means the Illinois Police Training Act [50 ILCS 705].

"Board" means the Illinois Law Enforcement Training and Standards Board created by the Illinois Police Training Act [50 ILCS 705].

"Course" means the Lead Death and Homicide Investigation Course offered by the Board pursuant to P.A. 96-1111.

"Death and Homicide Investigations" include only those investigations that have a substantial likelihood of an individual being charged with an offense of homicide.

"Officer" means any person who, by virtue of his or her office or public employment, is vested by law with a primary duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses, and who is employed in such capacity by any county or municipality in Illinois. The term "officer" does not include any employee of the Illinois State Police.

History

Source: Added at 35 Ill. Reg. 21047, effective January 1, 2012

20 Ill. Adm. Code 1720.320 Lead Death and Homicide Investigator Course

a) The content of the Course shall be determined by the Board and shall include, but not be limited to, the following topics:

Types of death investigations;
Death and homicide investigation techniques;
Crime scene management and preservation of evidence;
Interviews and interrogations.

b) The Course shall include 40 to 50 hours of content and those hours must be offered within no greater than a 7 consecutive day period.

c) The Course shall be taught by instructors approved by the Board.

d) The timing and location of Course offerings shall be determined at the discretion of the Board, but the Course shall be offered within the state of Illinois in a manner that provides reasonable access to officers in terms of time of year.

History

Source: Added at 35 Ill. Reg. 21047, effective January 1, 2012

20 Ill. Adm. Code 1720.330 Waiver

a) The Board may issue a waiver on a case by case basis stating that an officer has previously received training and experience that is substantially equal to that provided in the Course.

b) A waiver may be issued only upon the presentation of documentation to the Board evidencing that, at the time of application, the individual seeking the waiver:

Is currently employed full-time as a law enforcement officer in Illinois;
Has at least 3 years of experience as a full-time law enforcement officer;
Has completed formal training regarding death and homicide investigations; and
Has substantial experience in a supervisory or leadership role in homicide investigations.

c) Only a duly authorized representative of the law enforcement agency may request a waiver for its officers.

d) The agency seeking a waiver must apply on a form prescribed by the Board. The form shall require disclosure of all information requested by the Board regarding applicant, including, but not limited to, applicant's training, experience and background.

e) Any information requested by the Board and submitted by the applicant shall be considered confidential and shall not be utilized for any purpose other than that described in this Section.

f) All waiver decisions by the Board are final.

History

Source: Added at 35 Ill. Reg. 21047, effective January 1, 2012

20 Ill. Adm. Code 1720.340 Certificate

a) Officers who complete the Course or receive a waiver shall be issued a numbered certificate by the Board.

b) The certificate issued by the Board upon completion of the Course or receipt of waiver shall be valid for a period of 4 years and must be renewed to remain valid.

History

Source: Added at 35 Ill. Reg. 21047, effective January 1, 2012

20 Ill. Adm. Code 1720.350 Certificate Renewal

a) The certificate issued by the Board may be renewed if the officer completes a total of 32 hours of Board-approved death and homicide related training during the 4 year certification period, a satisfactory background investigation has been performed by the Board, and the officer is in compliance with all other requirements of the Act.

b) Any application for certification renewal must be sent from the duly authorized representative of the law enforcement agency employing the officer.

c) If the officer has not completed the 32 hours of Board-approved training within the 4 year certification period, the officer shall be required to take the Lead Death and Homicide Investigator course in order to renew his or her certificate.

d) The Board may assess a renewal fee of no more than $75 to meet the costs of the implementation of the lead death and homicide investigator program.

History

Source: Added at 35 Ill. Reg. 21047, effective January 1, 2012

20 Ill. Adm. Code 1720.APPENDIX A Physical Fitness Standards

SIT AND REACH TEST: This is a measure of the flexibility of the lower back and upper leg area. It is an important area for performing police tasks involving range of motion and is important in minimizing lower back problems. The test involves stretching out to touch the toes beyond the extended arms from the sitting position. The score is in the inches reached on a yard stick with 15" being at the toes.

MALE AGE

FEMALE AGE

TEST: Sit and Reach

20-29

30-39

40-49

50-59

20-29

30-39

40-49

50-59

Academy Entrance:

14.4

13.0

12.0

10.5

17.0

16.5

15.0

14.8

1 MINUTE SIT UP TEST: This is a measure of the muscular endurance of the abdominal muscles. It is an important area for performing police tasks that may involve the use of force and is an important area for maintaining good posture and minimizing lower back problems.

MALE AGE

FEMALE AGE

TEST: One Minute Sit Up Test

20-29

30-39

40-49

50-59

20-29

30-39

40-49

50-59

Academy Entrance:

1 REPETITION MAXIMUM BENCH PRESS: This is a maximum weight pushed from the bench press position and measures the amount of force the upper body can generate.

MALE AGE

FEMALE AGE

TEST: Bench Press

20-29

30-39

40-49

50-59

20-29

30-39

40-49

50-59

Academy Entrance:

88%

78%

72%

63%

51%

47%

43%

39%

1.5 MILE RUN: This is a timed run to measure the heart and vascular systems' capability to transport oxygen. It is an important area for performing police tasks involving stamina and endurance and to minimize the risk of cardiovascular problems. The score is in minutes and seconds.

MALE AGE

FEMALE AGE

TEST: 1.5 Mile Run

20-29

30-39

40-49

50-59

20-29

30-39

40-49

50-59

Academy Entrance:

14:00

14:34

15:24

16:58

16:46

17:38

18:37

20:44

History

Source: Amended at 47 Ill. Reg. 9369, effective June 23, 2023

20 Ill. Adm. Code 1720.APPENDIX B Complaint Form (repealed)

History

Source: Repealed at 47 Ill. Reg. 9369, effective June 23, 2023

20 Ill. Adm. Code 1720.APPENDIX C Firearm Qualification Course-of-Fire

Target Scoring Area: 8½ x 14 inch overlay/center mass of target. The defined firearm types are: Semi-auto/Revolver handgun; minimum capacity 5 rounds
For Duty Handgun Qualification, all stages of fire will commence from a secured holster. For Off Duty/Retired Officer Qualification, all stages of fire will commence with the handgun in hand from the "low ready" position. A passing score is 70% = 21 hits on center mass.
Where indicated below, the word "DRAW" requires the shooter to withdraw the handgun from a secured holster on the command to fire. The word "PRESENT" means that the shooter has the handgun in the shooting hand in low ready (depressed muzzle) position and stands ready for the command to fire under the following conditions:

5 Yard line – Total of 12 rounds

Stage 1 Draw/Present and fire 2 rounds in 6 seconds

Stage 2 Draw/Present and fire 2 rounds in 6 seconds

Stage 3 Draw/Present and fire 2 rounds in 6 seconds

Stage 4 Draw/Present and fire 2 rounds in 6 seconds

Stage 5 Draw/Present and fire 2 rounds in 6 seconds

Stage 6 Draw/Present and fire 2 rounds in 6 seconds

Shooters will reload without command as needed between stages of fire.

7 Yard line – Total of 12 rounds

Stage 7 Draw/Present and fire 3 rounds in 7 seconds

Stage 8 Draw/Present and fire 3 rounds in 7 seconds

Stage 9 Draw/Present and fire 3 rounds in 7 seconds

Stage 10 Draw/Present and fire 3 rounds in 7 seconds

15 Yard line – Total of 6 rounds

Stage 11 Draw/Present and fire 3 rounds in 10 seconds

Stage 12 Draw/Present and fire 3 rounds in 10 seconds

Stage 12 25 Yard line-: Draw/Present and fire 3 rounds in 15 seconds

(in lieu of the second 10 second /three round string at 15 yards)

The above course-of-fire is the minimum standard required. Any agency may include any modification that increases the level of difficulty such as reloading, alternate hands, movement, time restriction, or other job related skills.

History

Source: Added at 30 Ill. Reg. 7925, effective April 11, 2006

Chapter V Illinois Law Enforcement Training Standards Board

Part 1725 Intern Training Program

20 Ill. Adm. Code 1725.101 Purpose and Scope

Unless otherwise indicated, this Part sets forth the general requirements and procedures that are applicable for the training of all interns.

20 Ill. Adm. Code 1725.102 Definitions

The definitions of terms used in this Part are the same as those found in the Illinois Police Training Act [50 ILCS 705]. The following terms are defined for purposes of this Part:

"Act" means the Law Enforcement Intern Training Act [50 ILCS 708].

"Applicant" means a person who has applied for admission to the Intern Training Program.

"Application" means the application process, including, but not limited to, those tests and procedures set forth by the Board and set forth in the Act.

"Board" means the Illinois Law Enforcement Training and Standards Board.

"Certified Law Enforcement Intern" means a graduate law enforcement intern who has successfully completed the law enforcement Intern Training Program and the State Certification Examination.

"Executive Director" means the Executive Director of the Illinois Law Enforcement Training and Standards Board.

"Graduate Law Enforcement Intern" means a civilian who has successfully completed the law enforcement Intern Training Program but has not passed the State Certification Examination.

"Intern" means an individual who has applied for, has been admitted into and is currently enrolled in the Intern Training Program.

"POWER test" means the physical fitness standards established pursuant to 20 Ill. Adm. Code 1720.30(h).

"Program" means the Intern Training Program.

20 Ill. Adm. Code 1725.103 Veracity of Information

No person shall make any false or misleading statement, representation or certification of any record, report or any other document filed with the Board or required by the Board. In the event records, reports or other documents are determined to be not in compliance with this Section, the Board may take appropriate action, including, but not limited to, disqualifying, dismissing or prosecuting that person.

20 Ill. Adm. Code 1725.104 Confidentiality of Information

a) Claims of confidentiality must be asserted, at the time of submission, by stamping the words "Confidential Business Information" on each page containing that information. No confidential information will be submitted to parties involved in litigation without subpoenas.

b) Claims of confidentiality will be denied with respect to name and address of any person who receives funding and financial data submitted to the Board in order to implement the program.

c) Notwithstanding the provisions of subsection (a), the Board will adhere to the provisions of the Freedom of Information Act [5 ILCS 140]. Personal and private information may be acquired from the Board with the signed consent of the interested person.

20 Ill. Adm. Code 1725.105 Board Review of Curriculum

The Board will be responsible for annually reviewing the curriculum of the Intern Training Program. The Board shall, as changes in the law or training techniques occur, make modifications to the Program.

20 Ill. Adm. Code 1725.201 Participation in the Program

To be eligible to participate in the Intern Training Program, a person must meet the requirements set forth in Section 6.1 of the Illinois Police Training Act [50 ILCS 705/6.1], the Law Enforcement Intern Training Act [50 ILCS 708], and this Part.

History

Source: Amended at 47 Ill. Reg. 9400, effective June 23, 2023

20 Ill. Adm. Code 1725.202 Minimum Background Requirements

a) The Board will establish minimum criteria and standards for all Program applicants. Minimum criteria include completion of an associate's degree, no conviction for a felony or crime of moral turpitude, U.S. citizenship, Illinois residency and possession of a Firearm Owner's Identification card.

b) The Board will establish minimum testing requirements that shall be considered as a whole in determining the eligibility of a person to enter the Program. The minimum testing will include, but not be limited to, the following:

Cognitive testing;
Psychological testing;
Background investigation;
Drug testing;
POWER test.

c) The Board will interview and evaluate each applicant for the Program after the person has successfully met the testing criteria established in subsection (b).

d) In addition to the provisions of this Section, the Board will determine whether the person has met the requirements set forth in Section 15 of the Act.

20 Ill. Adm. Code 1725.203 Cognitive Testing

a) The Board will establish minimum testing applicant requirements for cognitive testing.

b) Cognitive testing shall demonstrate the applicant's ability in the following areas: reading, comprehension, situational judgment, memory and writing.

20 Ill. Adm. Code 1725.204 Psychological Testing

The Board will establish minimum testing requirements for Program applicants to determine whether the applicant meets the minimum requirements established by psychological written examination.

20 Ill. Adm. Code 1725.205 Background Investigation

a) The Board will conduct a background investigation including, but not limited to, the criminal history check, driver's license check, verification of employment, verification of residency, verification of education and verification of the requirements set forth in Section 15 of the Act.

b) The person shall also be fingerprinted and checked for a complete criminal

history background.

20 Ill. Adm. Code 1725.206 Drug Testing

A person must meet the necessary laboratory levels and criteria prescribed by the Department of Public Health.

20 Ill. Adm. Code 1725.207 Wellness Standards

a) Each Program applicant shall successfully complete the Board's physical fitness (POWER) tests before being allowed to enter the Program.

b) Prior to being allowed to attempt any part of the POWER test, an applicant shall provide in writing to the Board, on a form approved by the Board, a medical release and authorization report signed by a licensed physician that indicates that the applicant is medically fit to take the POWER test.

c) Each person who wishes to enter the Program shall be required to perform and successfully complete all of the Board's physical fitness tests in the sequence delineated in this subsection (c). Each applicant shall meet the standards defined in Appendix A for the following tests in the following order:

sit and reach;
one minute sit-up;
benchpress standard;
1.5 mile run.

d) A Program applicant who fails to complete the requirements set forth in this Section shall not be eligible to proceed with the Program.

e) A Program applicant shall be allowed to complete the requirements set forth in subsection (c) at test sites approved for the Program within 10 days prior to the beginning of the Program.

f) Within the final week of the Program, the intern must complete the sequence of Appendix A again and the results of these tests must be shared with the Board for analysis.

History

Source: Amended at 47 Ill. Reg. 9400, effective June 23, 2023

20 Ill. Adm. Code 1725.208 Cooperation with the Board

The applicant/intern shall cooperate with the Board to assist the Board in ensuring compliance with the Board's responsibilities under the Illinois Police Training Act [50 ILCS 705] and the Act. This cooperation shall include, but not be limited to, providing the Board with consent forms necessary to do a thorough investigation as to the eligibility of the person to enter the Program, and ongoing consent to allow the Board to remain informed and apprised of the person's status and concurrence with Board established directives and procedures.

20 Ill. Adm. Code 1725.209 Financial Responsibility

A Program applicant shall be 100 percent responsible for the payment of all costs and expenses associated with participation in the Program. Program costs will be established by the Board and shall include, but not be limited to, the application fee (at least $300, but no more than $425, depending on the facility), the cost of testing, cost of travel, tuition ($1800 to $3000, depending on the school), room, board and miscellaneous fees, administration of the exam, physical fitness testing, doctors' reports and doctors' examinations (from $100 to $200, doctor ordered medical tests excluded), and any expenses associated directly or indirectly with the application for entry and completion of the Program. In addition, it shall be the responsibility of the person who enters the Program to have adequate personal health insurance at all times and to hold harmless any trainer, institution or entity, including the State of Illinois, from any injury or disability sustained by the intern in the presentation of the Program to the person.

20 Ill. Adm. Code 1725.301 Application

a) Program applicants shall submit a complete application in accordance with this Part.

b) An application is complete when the Board receives all information that the Board deems necessary to determine whether to admit or deny the applicant in accordance with this Part.

20 Ill. Adm. Code 1725.302 Filing Date of Application

a) An application shall be deemed filed on the date when the Board receives the application, unless the Board notifies the applicant within 30 days after that date that the application is incomplete and gives the reason the Board finds it incomplete.

b) An application to enter the Program shall be filed at least 90 days prior to the start of instruction.

c) In addition to filing a complete application, an applicant shall, upon request of the Board:

provide additional information (e.g., background check) necessary to determine whether the applicant is a suitable candidate under the Act and this Part; or
provide additional information necessary to clarify, modify or supplement previously submitted applications for this Program.

20 Ill. Adm. Code 1725.303 Failure to Provide a Complete Application or Additional Information

The Board may deny an application if the submitter fails to comply with this Part. The Board will examine the contents of the application and deny the application if the person fails to provide information the Board needs to review the application. The Board will conditionally approve the application if there are minor deviations from the requirements, such as minor technical or other informational deficiencies that do not impede the Board's ability to judge the fitness of the applicant using the standards and procedures set forth in this Part.

20 Ill. Adm. Code 1725.304 Board Review of Application

In reviewing an application, the Board will determine if the person is qualified to enter the Program and whether acceptance of the person would be in the best interests of the public and promote and protect the health, safety and welfare of the public. The number of persons accepted into the Program will be based, in part, but not exclusively, on the amount of money appropriated for training, the ability of Board certified facilities and instructors to train additional personnel, the cost to administer the training, number of other police officers to be trained in law enforcement programs, and the success of the program based upon the ability of interns to obtain employment after completing the Program.

20 Ill. Adm. Code 1725.305 Signatures on the Application

a) All applications shall be signed by the applicant and documents attached to the application shall be signed by the person creating the documentation.

b) Any person signing a document required pursuant to any form or directive of the Board shall make the following certification:

"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based upon my inquiry, and my personal knowledge, I believe that the information is true, accurate and complete. I am aware that there are significant penalties for submitting false or misleading information, including the possibility of fine and imprisonment."

20 Ill. Adm. Code 1725.306 Final Board Decision

The Board will notify the Program applicant in writing after the Board decides to grant or deny entry into the Program.

20 Ill. Adm. Code 1725.307 Training Standards

a) The Board will establish training standards and curriculum (see Section 1725.308) for the Intern Training Program.

b) Except as provided for in Section 8.1 of the Illinois Police Training Act, every person who enters the Program must successfully complete the Basic Training Program and State Certification Exam to be a Certified Law Enforcement Intern under this Program.

20 Ill. Adm. Code 1725.308 Minimum Curriculum Requirements

a) The Board will review the Basic Training Courses of the academy to update the minimum basic training requirements to ensure the course is of similar content and number of hours as the courses for law enforcement officers.

b) The training course may be reviewed and modified at any time by the Board. The approved curriculum will include, but not be limited to, the following:

The elements required by the Peace Officer Firearm Training Act [50 ILCS 710]; and
Those courses and topics established in Section 7 of the Illinois Police Training Act [50 ILCS 705/7].

20 Ill. Adm. Code 1725.309 Certification of Facilities

The Board will approve applicants for the Program on a case by case basis. Once an applicant has been approved, he or she will be eligible to attend basic training at an approved Board-certified academy.

20 Ill. Adm. Code 1725.310 Standards and Requirements

a) Each academy certified by the Board to train interns shall operate under the guidelines set forth in this Part.

b) The director of the academy shall assume responsibility for overall supervision of the program, including, as determined by the Board, the maintaining and grading of tests, the maintaining of all records, rating of classroom notebooks (see Section 1725.311(b)), arranging for instructors approved by the Board, providing for food and lodging when appropriate, arranging for adequate training facilities (such as firearms courses, gymnasiums, auditoriums and driving and running courses) and maintaining and overseeing the conduct and discipline of interns.

c) The academy shall maintain complete records for each intern. The records shall include, but not be limited to, the attendance and performance ratings of the intern, including test scores for every written or oral test taken during a Program course. All records gathered by the academy or other facilities approved by the Board shall be maintained in accordance with the State Records Act [5 ILCS 160].

d) The director of the academy shall be responsible for submitting to the Executive Director a class roster of all interns who participate in the Program; keep the Executive Director informed of the progress and status of the interns; and make the final determination of whether an intern has satisfactorily achieved all reasonable standards and passed all requirements during training.

e) The director of the academy shall have the authority to dismiss from the Program any intern who fails to comply with the standards established in this Part. When an intern is dismissed, the director of the academy shall submit a written report within 7 calendar days to the Executive Director. The intern shall have the opportunity, within 7 days after notification of dismissal, to submit a written report to the Executive Director describing the intern's version of the event. The Executive Director has the discretion to determine whether the action of the academy director should be ratified.

20 Ill. Adm. Code 1725.311 Minimum Requirements of the Intern

a) Regular attendance at all sessions is required. However, excused absences may be granted by the director of the academy under certain limited circumstances beyond the intern's control, which may include, but shall not be limited to, a death in the family, illness, disability, or a transportation breakdown. In order to successfully complete the course, absences shall not exceed 10 percent of the total hours of instruction for any course of instruction.

b) Maintenance of an adequate classroom notebook is required. "Adequate", for purposes of this subsection, refers to:

Neatness. Concise organization of the notes. All notes and handouts will be placed in the book received during the course. Division into topics is required;
Legibility. Recording of notes in brief, clear, complete sentences, underlining the important items;
Accuracy. The notes taken in class must precisely reflect the content of the class; and
Sufficiency of Content. Recording in the intern's notebook should be in the intern's own words. The intern should strive to achieve condensation of the material clearly and concisely.

c) Qualification in the use of firearms as required by the Peace Officer and Probation Officer Firearm Training Act [50 ILCS 710] is required.

d) An overall average of 70 percent must be achieved on all written examinations given during any course of training. Separate evaluation of any skill-oriented performance requirements shall be made by the designated director of the academy on a satisfactory/unsatisfactory basis.

e) The director of the academy shall establish standards of conduct for the intern pursuant to Section 10 of the Illinois Law Enforcement Intern Police Training Act. These standards shall include demeanor, deportment and compliance with the discipline and regulations of the facility or course. These standards shall be reviewed and approved by the Executive Director prior to implementation.

f) Each intern shall provide, on a form prescribed by the Board, certification that the intern is a person of good character and has not been convicted of a felony offense or a crime involving moral turpitude. An intern shall immediately notify the Board in writing of all arrests and convictions while the intern is undergoing intern training.

g) Each intern will bring such equipment and clothing to training sessions as is required by the Board and/or academy.

h) Interns must comply with all other requirements set by federal or State law, including, but not limited to, having a Firearm's Owner Identification card and valid State of Illinois driver's license.

i) An intern shall pass the State Certification Examination to qualify as a Certified Law Enforcement Intern under the Act, except as is otherwise provided for in the Act.

The test shall be in writing or conducted electronically. It shall be administered by the staff of the Board or other testing company or association expressly authorized by the Board;
The Board will establish a minimum passing score and ensure that the score reflects the knowledge and competency of the intern for law enforcement work. The minimum passing score will be established within the range of 60 to 80 percent of the total score. At the beginning of each training program, the minimum passing score will be announced. Beginning December 15, 2022, the minimum passing score shall be 66%;
The content of the test for interns may include, but not be limited to, material in the areas specified in Section 7(b) of the Illinois Police Training Act and subjects covered in the Peace Officer and Probation Officer Firearm Training Act [50 ILCS 710];
The content of the test for interns may include, but not be limited to, materials in the areas specified in 20 Ill. Adm. Code 1725.202; and
The Board will periodically review the content of the exam and minimum passing score to ensure they are current and reliable.

History

Source: Amended at 47 Ill. Reg. 9400, effective June 23, 2023

20 Ill. Adm. Code 1725.312 Procedures for the Administration of the Law Enforcement Intern Certification Examination

a) The certification examination will be administered to all interns who successfully complete the Program.

b) Interns who successfully pass the certification examination shall receive certification attesting to their successful completion of the Program.

c) Examination results will be reported in writing to the intern within 14 days after the examination date.

d) Only interns who have been certified by the Board as having met all the requirements of the Program are eligible to take the certification examination.

e) The initial certification examination will be administered at the academy.

f) The Intern will have 3.5 hours to complete the certification examination. An intern will be excused from completing the examination at that session if he/she is ill and excused by the proctor.

g) Individuals allowed within the testing area will be limited to Board-approved examination proctors and those taking the examination.

h) In the event the intern fails to successfully complete the certification examination on the initial administration, he or she will be allowed to re-take the certification examination one time. An alternate version of the examination will be taken on the second attempt. Failure of the re-take shall result in the intern not being eligible for intern certification.

i) In order to be eligible to re-take the certification examination, the intern must submit a written request to the Board. The Intern must apply for and complete the re-take examination within 6 months after the first attempt.

j) Any intern who is uncooperative, is disruptive or is thought to be cheating during the administration of the certification examination will be ordered by the proctor to turn in his or her examination and to leave the examination area. A complete written report of the incident shall be submitted by the proctor to the Executive Director. The intern shall have the opportunity to submit, within 7 days, a written report to the Executive Director describing the intern's version of the event. The Executive Director shall determine whether the intern has declined the examination and whether the intern is eligible to re-take the examination. The Executive Director's determination will be based on the nature of the intern's misbehavior and on the supporting evidence of that misbehavior.

20 Ill. Adm. Code 1725.APPENDIX A Physical Fitness Standards

SIT AND REACH TEST: This is a measure of the flexibility of the lower back and upper leg area. It is an important area for performing police tasks involving range of motion and is important in minimizing lower back problems. The test involves stretching out to touch the toes with extended arms from the sitting position. The score is reflected by the inches reached on a yard stick with 15" being at the toes.

MALE AGE

FEMALE AGE

TEST: Sit and Reach

20-29

30-39

40-49

50-59

20-29

30-39

40-49

50-59

Academy Entrance:

14.4

13.0

12.0

10.5

17.0

16.5

15.0

14.8

1 MINUTE SIT-UP TEST: This is a measure of the muscular endurance of the abdominal muscles. It is an important area for performing police tasks that may involve the use of force and is an important area for maintaining good posture and minimizing lower back problems.

MALE AGE

FEMALE AGE

TEST: One Minute Sit Up Test

20-29

30-39

40-49

50-59

20-29

30-39

40-49

50-59

Academy Entrance:

1 REPITITION MAXIMUM BENCH PRESS: This is a maximum weight pushed from the bench press position and measures the amount of force the upper body can generate. The score is reflected by the ratio of weight pressed to body weight.

MALE AGE

FEMALE AGE

TEST: Bench Press

20-29

30-39

40-49

50-59

20-29

30-39

40-49

50-59

Academy Entrance:

88%

78%

72%

63%

51%

47%

43%

39%

1.5 MILE RUN: This is a timed run to measure the heart and vascular systems' capability to transport oxygen. It is an important area for performing police tasks involving stamina and endurance and to minimize the risk of cardiovascular problems. The score is in minutes and seconds.

MALE AGE

FEMALE AGE

TEST: 1.5 Mile Run

20-29

30-39

40-49

50-59

20-29

30-39

40-49

50-59

Academy Entrance:

14:00

14:34

15:24

16:58

16:46

17:38

18:37

20:44

History

Source: Amended at 47 Ill. Reg. 9400, effective June 23, 2023

Chapter V Illinois Law Enforcement Training and Standards Board

Part 1730 Mandatory Firearms Training for Peace Officers

20 Ill. Adm. Code 1730.10 Definitions

"Act" means the Peace Officer Firearm Training Act [50 ILCS 710].

"Board" means the Illinois Law Enforcement Training and Standards Board created by the Illinois Police Training Act [50 ILCS 705].

"Firearms" means any weapon or device defined as a firearm in Section 1.1 of the Firearm Owners Identification Card Act [430 ILCS 65/1.1].

"Peace Officer" means:

any person who by virtue of his office or public employment is vested by law with a primary duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses, and who is employed in such capacity, by any county or municipality; or

any law enforcement officer as defined in Section 2 of the Illinois Police Training Act; or

any retired law enforcement officer qualified under federal law to carry a concealed weapon.

History

Source: Amended at 32 Ill. Reg. 3284, effective February 22, 2008

20 Ill. Adm. Code 1730.20 Officer's Responsibilities

a) Basic Firearms Certification

Each officer shall successfully complete a Board certified course of training in the use of a suitable type firearm as a condition precedent to the possession and use of that type of firearm in connection with his or her official duties. The training must be completed within the officer's probationary period or within 6 months from the date of his or her initial employment.
In order to receive a certificate attesting to the successful completion of the required training, each officer-trainee must attain a passing grade of at least 70% on a written examination covering pertinent portions of the instruction. The officer-trainee must also achieve a score of 70% or above on a pistol course to be fired as prescribed in the curriculum adopted by the Board. In addition, the person in charge of the training must be completely satisfied of the ability of the officer-trainee to handle his or her weapon in a safe and competent manner.
Any officer who successfully completes the Basic Training Course prescribed for recruits (full time) by the Board shall be presumed to have satisfied the requirements of the Act.

b) Annual Range Qualification

Each officer shall successfully complete an annual range qualification using a suitable type firearm as a condition precedent to the possession and use of that type firearm in connection with his or her official duties. Training must be completed within 12 months after the officer's previous certification.
Each retired law enforcement officer qualified under federal law to carry a concealed weapon must successfully complete, during the most recent 12 month period, at the expense of the individual, the same standards for annual range qualification as used for active officers.
In order to receive a certificate attesting to the successful completion of the annual range qualification, each officer, including those retired law enforcement officers qualified under federal law to carry a concealed weapon, must achieve a score of 70% or above on a pistol course to be fired as prescribed in a curriculum adopted by the Board. In addition, the range officer in charge of the program must be completely satisfied of the ability of the officer to handle his or her weapon in a safe and competent manner.
The training course shall contain a presentation of the ethical, moral and legal considerations to be taken into account by any person who uses a firearm.

c) Each officer will bring such equipment as required by the Course Director.

History

Source: Amended at 32 Ill. Reg. 3284, effective February 22, 2008

20 Ill. Adm. Code 1730.30 Course Requirements

a) Basic Firearms Certification programs must be approved by the Illinois Law Enforcement Officers Training and Standards Board and may be given in logical segments.

b) Basic Firearms Certification programs must include:

Instruction in the dangers of misuse of the firearm, safety rules, and care and cleaning of the firearm;
Practice firing on a range and qualification with the firearm in accordance with the standards established by the Board in Section 1730.20(a)(2) of this Part;
Instruction in the legal use of firearms under the provisions of the Criminal Code of 1961 [720 ILCS 5] and relevant court decisions;
A forceful presentation of the ethical and moral considerations assumed by any person who uses a firearm.

c) Training shall be offered twice each year within each of the Illinois State Police Districts, but no training course need be held when there are no police officers requiring such training.

d) Annual Range Qualification programs must be approved by the Illinois Law Enforcement Training and Standards Board and may be given in logical segments.

e) Annual Range Qualification programs must include:

Information on the dangers of misuse of the firearm, safety rules, and care and cleaning of the firearm;
Practice firing on a range and qualification with the firearm in accordance with the standards established by the Board in Appendix A of this Part;
Information on the legal use of firearms under the provisions of the Criminal Code of 1961 and relevant court decisions;
Information on the ethical and moral considerations assumed by any person who uses a firearm.

f) No instructor shall be utilized in the delivery of the required program who has not been approved by the Executive Director of the Board.

g) A range officer shall be in charge of all aspects of the actual firing line and shall certify to the Executive Director of the Board that the range to be used is safe for all phases of the required practice firing.

History

Source: Amended at 32 Ill. Reg. 3284, effective February 22, 2008

20 Ill. Adm. Code 1730.40 Responsibilities of the County or Municipality

All units of government who employ or utilize peace officers shall cooperate with the Board by furnishing relevant information which the Board may require.

20 Ill. Adm. Code 1730.50 Responsibilities of the Board

a) The Board shall develop and publish a detailed curriculum of the required course of training.

b) Advisory Councils

The Board shall arrange for training courses to be conducted at least twice each year within the geographical boundaries of each of the Illinois State Police Districts. This shall be accomplished through advisory councils composed of one representative from each of the following agencies:

A) A municipal police department;

B) A sheriff's office;

C) A state's attorney's office;

D) The district office of the Illinois State Police;

E) An appropriate office of the Federal Bureau of Investigation.

Where logic would dictate, the membership of these individual councils may be increased, but to no more than 10 members in any one district.
Appointments to these advisory councils shall be the responsibility of the chairman of the Board.

c) Inspections

The Board's staff shall conduct appropriate inspections to ensure the required participation of the pertinent units of government.
The Board shall, in its annual report, indicate the results of the staff inspections and provide other related information and recommendations as it deems proper.

History

Source: Amended at 32 Ill. Reg. 3284, effective February 22, 2008

20 Ill. Adm. Code 1730.APPENDIX A Annual Firearm Qualification Course-of-Fire

a) Target Scoring Area: 8½ x 14 inch overlay / center mass of target. The defined firearm types are: Semi-auto /or/ Revolver handgun; minimum capacity 5 rounds

b) For Duty Handgun Qualification, all stages of fire will commence from a secured holster. For Off Duty / Retired Officer Qualification, all stages of fire will commence with the handgun in hand from the "low ready" position. A passing score is 70% = 21 hits on center mass.

c) Where indicated below, the word "DRAW" requires the shooter to withdraw the handgun from a secured holster on the command to fire. The word "PRESENT" means that the shooter has the handgun in the shooting hand in low ready (depressed muzzle) position and stands ready for the command to fire under the following conditions:

5 Yard line - Total of 12 rounds

Stage 1 Draw/Present and fire 2 rounds in 6 seconds

Stage 2 Draw/Present and fire 2 rounds in 6 seconds

Stage 3 Draw/Present and fire 2 rounds in 6 seconds

Stage 4 Draw/Present and fire 2 rounds in 6 seconds

Stage 5 Draw/Present and fire 2 rounds in 6 seconds

Stage 6 Draw/Present and fire 2 rounds in 6 seconds

Shooters will reload without command as needed between stages of fire.

7 Yard line - Total of 12 rounds

Stage 7 Draw/Present and fire 3 rounds in 7 seconds

Stage 8 Draw/Present and fire 3 rounds in 7 seconds

Stage 9 Draw/Present and fire 3 rounds in 7 seconds

Stage 10 Draw/Present and fire 3 rounds in 7 seconds

15 Yard line - Total of 6 rounds

Stage 11 Draw/Present and fire 3 rounds in 10 seconds

Stage 12 Draw/Present and fire 3 rounds in 10 seconds

Stage 12 25 Yard line-: Draw/Present and fire 3 rounds in 15 seconds (in lieu of the second 10 second /three round string at 15 yards)

d) The above course-of-fire is the minimum standard required. Any agency may include any modification that increases the level of difficulty such as reloading, alternate hands, movement, time restriction, or other job related skills.

History

Source: Added at 32 Ill. Reg. 3284, effective February 22, 2008

Chapter V Illinois Local Governmental Law Enforcement Officers Training Board

Part 1740 In-Service Training Financial Assistance

20 Ill. Adm. Code 1740.101 Purpose and Scope

Unless otherwise indicated, the rules set forth in this Part provide the general funding requirements and procedures which are applicable to all mobile teams created pursuant to the Intergovernmental Law Enforcement Officer's In-Service Training Act.

20 Ill. Adm. Code 1740.102 Definitions

a) The definitions of terms used in this Part are the same as those found in the Intergovernmental Law Enforcement Officer's In-Service Training Act (Act) (Ill. Rev. Stat. 1981, ch. 85, pars. 561 et seq.).

b) Notwithstanding paragraph (a) of this Section, the following terms are defined for purposes of this Part:

"Act" means the Intergovernmental Law Enforcement Officer's In-Service Training Act (Ill. Rev. Stat. 1981, ch. 85, par. 561 et seq.) as amended.

"Coordinator" means an employee of the mobile team who manages and directly supervises the ongoing operations of the mobile team.

"Full Time" means one who is employed at least 35 hours a week as a law enforcement officer on a regular basis.

"Law Enforcement Officer" means any employee of a local governmental agency who is primarily responsible for prevention or detection of crime and the enforcement of the criminal code, traffic, or highway laws of this state and any political subdivision thereof.

"Officer" means "Law Enforcement Officer".

"Roster" means the form listing the names of all law enforcement officers completing the requirements of a course approved by the Board under this Part. The information required on a roster form is the officer's date of appointment, his name, address, department, employment status and salary, and the name of the course and the date of completion.

20 Ill. Adm. Code 1740.103 Confidentiality of Information

a) Claims of confidentiality must be asserted at the time of submission, by stamping the words "Confidential Business Information" on each page containing such information. If no claim is made at the time of the submission, the Board may make the information available to the public without further notice. No information will be submitted to parties involved in litigation without subpoenas.

b) Claims of confidentiality for the following information will be denied:

Name and address of any financial assistance applicant;
Financial data submitted to the Board in order to receive funding.

20 Ill. Adm. Code 1740.104 Veracity of Information

No person shall make any false or misleading statement, representation or certification of any record, report or any other document filed with the Board or required by the Board.

20 Ill. Adm. Code 1740.105 Date of Compliance

Compliance with this Part is required on and after March 30, 1984, the effective date of this Part.

20 Ill. Adm. Code 1740.201 Mobile Team Creation

To be eligible to receive financial assistance, a Mobile Team must be established in writing pursuant to the Intergovernmental Cooperation Section, Article VII, Section 10, of the Illinois Constitution (Ill. Const., Art. VII, sec. 10). In addition, the Mobile Team must submit to the Board the following Mobile Team information:

a) The Mobile Team's organizational design, structure, operating procedures, and purpose;

b) The Mobile Team's goals;

c) The names and addresses of each Mobile Team member;

d) The name and address of the Mobile Team Financial Officer; and

e) The dates of the Mobile Team's establishment, and the date of the Mobile Team's expiration, if applicable.

20 Ill. Adm. Code 1740.202 Appointment of Advisory Board

The Mobile Team must submit in writing to the Board the following Advisory Board information:

a) The names and addresses of every member of the Advisory Board;

b) Whether the Advisory Board is a general or not-for-profit corporation or some other appropriate structure under Illinois law.

c) The date the Advisory Board was established;

d) The name and address of the Director or Chairman of the Advisory Board; and

e) A copy of the Advisory Board's policies and procedures, and by-laws, if applicable.

20 Ill. Adm. Code 1740.203 Duties of the Advisory Board

a) Failure of the Advisory Board to meet any of the requirements of the Act or its rules shall result in denial or postponement of financial assistance. In determining whether funds will be denied or postponed, the Board will examine the activities of the Mobile Team, and:

Funds will be denied if the Board finds that there has been a misuse of funds, fraud, material deception or a continuing pattern of violations of the Act and rules when, although minor in nature when viewed individually, but due to their continued repetition, jeopardize the standards developed by the Board under Section 1740.305 of this Part; and
Funds will be postponed when the Board finds that a Mobile Team does not comply with the requirements of the Act and rules, but does not negate the reasons for the approval by the Board under Section 1740.305 of this Part.

b) The Advisory Board shall be responsible for the over-all operation of the Mobile Team, including, but not limited to:

Selecting and supervising the Mobile Team Coordinator pursuant to Section 3 of the Act;
Supervising the Mobile Team Financial Officer pursuant to Section 3 of the Act;
Maintaining accurate records as is required in Sections 1740.204 and 1740.205 of these rules;
Insuring the Board received any reports required or requested under the Act or its rules; and
Constantly monitoring the operations of the Mobile Team to ensure the Mobile Team complies with the Act and its rules.

c) The Advisory Board shall prepare an annual report for the Board, to be delivered to the Executive Director of the Board no later than January 1 of each year. The report shall include the following information in detail:

The local and state financial assistance received and expended during the previous fiscal year;
A list of the courses offered, including the number of law enforcement officers who took the courses;
The types of course taken, and the cost of each course activity;
A description of accomplished programs and goals; and
The plans and proposals for the following year, containing an estimate of cost for training.

d) The Advisory Board must inform the Board in writing within seven days of any changes in the personnel of the Mobile Team, the Advisory Board, the Mobile Team Coordinator, or the Financial Officer.

e) The Advisory Board shall notify the Board in writing, within ten days, of cancelled and added courses not specified in any approved application for financial assistance.

f) The Executive Director shall have authority to suspend until the following Board meeting any training program not specified in an approved application when the Executive Director finds the change specified does not conform with the Board's review criteria established in Section 1740.305 or Subpart C. Such finding by the Executive Director must be made in writing to the Mobile Team within ten days of his receipt of notice of any proposed change.

g) The Board shall hear and decide whether to approve or deny changes in approved programs suspended by the Executive Director pursuant to paragraph (f) of this Section at the Board meeting immediately following suspension of proposed changes in training programs.

History

Source: Amended at 9 Ill. Reg. 5683, effective April 15, 1985

20 Ill. Adm. Code 1740.204 Duties of Coordinator

a) The Mobile Team Coordinator is responsible for maintaining all records and reports in accordance with the Local Records Act (Ill. Rev. Stat. 1981, ch. 116, pars. 43.101 et seq.) and rules promulgated thereunder;

b) The Coordinator shall submit the course roster to the Board within 14 days after the completion of any course offered by the Mobile Team.

c) The Coordinator of Mobile Teams shall be required to submit an annual report to the Board, due the first of each calendar year, containing the Mobile Team's assessment of training needs. In assessing its needs, the Mobile Team must describe the standards and criteria it uses to determine course selection.

20 Ill. Adm. Code 1740.205 Duties of Financial Officer

a) Mobile Team Financial Officers shall report quarterly to the Board on forms provided by the Board. These reports will contain the information required in paragraph (c) of this Section.

b) Financial Information Reports submitted to the Board must be received by the Board no later than April 15, July 15, October 15, and January 15 for the preceding quarter.

c) Financial Information Reports submitted to the Board must include, but are not limited to, the following:

The total money received and expended by the Mobile Team as a result of state and local funding;
The total money received and expended by the Mobile Team from other sources for training;
The total money received by the Mobile Team from state and local funding which is not spent;
The anticipated need for state and local funding during the succeeding quarterly period;
A record of the expenditures during the quarter for operating costs contained in the approved budget of the Mobile Team; and
Certification by the Financial Officer that the financial report is accurate and true under the penalty of law.

d) Financial Officers shall be bonded to cover the total amount of state and local funds received by the Mobile Team.

20 Ill. Adm. Code 1740.206 Cooperation with the Board

The Mobile Team shall cooperate with the Board to assist the Board in ensuring the training provided complies with the Board's responsibilities under this Act, the Illinois Police Training Act (Ill. Rev. Stat. 1981, ch. 85, par. 501 et seq.), and an Act in relation to Firearms training for peace officers (Ill. Rev. Stat. 1981, ch. 85, par. 515 et seq). Such assistance shall include, but not be limited to, providing firearms training at Board approved firearms training facilities in their Mobile Team area, monitoring Mobile Team regional training-related programs, and informing the Board, as requested by the Board, of ongoing activities in the region.

20 Ill. Adm. Code 1740.301 Completeness of Applications

a) Applicants for financial assistance shall file with the Board a complete application for financial assistance in accordance with this Part.

b) An application is complete when the Board receives an application form and any other supplemental information which is needed by the Illinois Local Governmental Law Enforcement Officers Training Board in order to approve or deny an application in accordance with Section 1740.305 of this Part.

c) The completeness of any application for financial assistance shall be judged independently of any other application or activity.

d) Applications are for financial assistance for an entire fiscal year beginning July 1 of any year and terminating June 30 of the following year.

20 Ill. Adm. Code 1740.302 Filing Date of Permit Applications

a) An application for financial assistance shall be deemed filed on the date which the Board received the application, unless the Board notified the applicant within 30 days after the date of receipt of the application that the application is incomplete and the reason the Board finds it incomplete.

b) An application to receive financial assistance must be received by the Board not later than April 1, and no earlier than January 1, for the fiscal year beginning July 1 of the same year.

20 Ill. Adm. Code 1740.303 Additional Information

Notwithstanding the applicant's filing of a complete application in accordance with 1740.301, an applicant for financial assistance shall, upon request by the Board:

a) Provide additional information necessary to determine whether the activities comply with the Act or rules adopted thereunder; or

b) Provide additional information necessary to clarify, modify or supplement previously submitted information.

20 Ill. Adm. Code 1740.304 Failure to Provide a Complete Permit Application or Failure to Provide Additional Information

The Board may deny an application if an applicant fails to comply with Sections 1740.301 or 1740.303. In determining whether to deny or conditionally approve an application, the Board shall examine the content of the application, and:

a) Deny the application if the applicant has failed to provide information the Board needs to review an application under Section 1740.305 of this Part; and

b) Conditionally approve the application if there are minor deviations from the requirements, such as minor technical or other informational deficiencies, which do not impede the Board's ability to judge the compliance of the application with the review criteria of Section 1740.305.

20 Ill. Adm. Code 1740.305 Board Review

In reviewing an application, the Board must determine if the proposed program or project is necessary and in the public interest to promote and protect the health, safety and welfare of the public. Factors which the Board must consider include, but are not limited to, the need for the proposed program or project in this State, the specific training needs of the locality involved, and the financial practicality of the venture. Financial practicality, for purposes of these rules, includes, but is not limited to, the amount of money available for training, the quantity of police officers to be trained, the costs to administer the training, and the availability of other programs in a more centralized location for less cost.

20 Ill. Adm. Code 1740.306 Conditional Approval by the Board

a) Recipients of state financial assistance must comply with the application as approved by the Board and the conditions established by the Board pursuant to paragraph (b) of this Section.

b) The Board may impose conditions to its approval for receipt of financial assistance as may be necessary to accomplish the purposes of the Act and as are not inconsistent with the Act or Board rules.

c) Recipients of financial assistance who do not comply with the terms of paragraph (a) of this Section may have future financial assistance requests reduced or denied. In determining whether future financial assistance is reduced or denied, the Board will compare the terms of the approved budget with the actual practices of the Mobile Team, and;

Any variance from the approved application that results in the negation of the existence of the factors necessary for the approval of disbursements pursuant to Section 1740.305 of these rules shall result in the denial of disbursements; or
Any variance that does not negate the reasons for approval pursuant to Section 1740.305, but results in a requirement of a lesser amount of funds than approved previously, will result in a reduction of funds to that level actually required.

20 Ill. Adm. Code 1740.307 Signatures to Permit Applications and Reports

a) All applications shall be signed by the Advisory Board Chairman, Financial Officer, and Coordinator.

b) All reports or other information shall be signed by the persons described in paragraph (a) of this Section, except as is otherwise indicated in paragraph (c) of this Section.

c) Course roster reports required under Section 1740.204 and notices of cancelled courses under Section 1740.203 shall be signed by the Coordinator.

d) Any person signing a document under paragraph (a) or (b) of this Section shall make the following certification:

"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based upon my inquiry of those individuals immediately responsible for obtaining information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment."

History

Source: Amended at 9 Ill. Reg. 5683, effective April 15, 1985

20 Ill. Adm. Code 1740.308 Financial Assistance Application

a) In addition to the other requirements of this Subpart, any applicant for financial assistance shall provide the following information to the Board, which shall include, but not be limited to:

The information required in Sec. 4 of the "Intergovernmental Law Enforcement Officer's In-Service Training Act";
The information required in Sections 1740.201 and 1740.202 of Subpart B of this Part;
The budgetary information required in Subpart D of this Part;
The total number of units of local government to be served, including the total number of counties and law enforcement departments to be served;
The population of officers to be served;
A Mobile Team's estimated course program schedule, indicating course titles, purposes, and designs;
A Mobile Team's description of the need for any program, and the anticipated number of officers who will attend;
The availability of training facilities;
A description of the Mobile Team's identified need for in-service training, and the Mobile Team's past project accomplishments and successes; and
Proof that the Mobile Team's Financial Officer is adequately bonded to receive state funds.

b) Applicants shall submit all information required by the Board on forms prescribed or provided by the Board.

c) The Board may waive informational requirements if the Board determines that information would be duplicative of information the Board has already received.

20 Ill. Adm. Code 1740.309 Final Board Decision

a) The Board shall notify the applicant in writing within thirty days after it decides to grant or deny the applicant financial assistance. Application denial letters shall state the reasons for denial to the applicant.

b) Disbursements to Mobile Team shall be made quarterly.

20 Ill. Adm. Code 1740.401 Eligibility

a) The proposed Mobile Team budget must be developed and approved by the Advisory Board and submitted as a part of the application to receive state funds in accordance with Subpart C of this Part.

b) The Advisory Board shall, pursuant to Section 3(6) of the Act, submit to the Board a copy of the equitable formulae it used to assure that participating units of local government provide their local share of costs to the Mobile Team. The Advisory Board must identify the standards and criteria it used to develop the formulae.

20 Ill. Adm. Code 1740.402 Prohibitions

a) Funds received or generated by Mobile Teams shall be used solely for Board approved Mobile Team activities.

b) No Mobile Team shall cause or allow the use of its funds except as finally approved by the Board pursuant to Section 1740.409, Final Mobile Team Budget, of this Part.

c) No Mobile Team shall cause or allow transfers or funds within any budget approved by the Board, except as provided for in Section 1740.410 of this Subpart.

20 Ill. Adm. Code 1740.403 State Funding

a) The amount of the State funds which a Mobile Team receives hereunder shall equal up to 50% of the total approved Mobile Team budget.

b) The Mobile Team and the participating units of local government are jointly and severally liable for the remainder of the Mobile Team budget.

c) The Mobile Team budget shall contain funds designated solely for Board approved mobile team training, and must be segregated in a financial account separate from other state or local fiscal accounts.

20 Ill. Adm. Code 1740.404 Other Sources of Funding

a) Monies received by Mobile Teams from other sources in addition to local and state matching funds under these rules, including but not limited to tuition and federal grants, shall be segregated into a separate account and shall not be used except as provided for in paragraph (b) of this Section.

b) Monies received by Mobile Teams from other sources may be used for Mobile Team activities after receiving written permission from the Executive Director if the Executive Director finds the Mobile Team's request conforms with the Board's review criteria established in Section 1740.305 of Subpart C. Requests by Mobile Teams shall be in writing to the Executive Director and must specify the intended use of those funds.

c) The Executive Director shall respond to Mobile Teams within 30 days after receipt of the request. The Executive Director shall have the authority to deny requests for spending under this Section and suspend until the following Board meeting any use of those funds.

d) Upon receiving a written request from the applicant, the Board shall review the Executive Director's denial during the Board meeting following his action and decide whether to allow the use of the funds as requested by the applicant.

20 Ill. Adm. Code 1740.405 Budget Content

a) The Mobile Team shall provide the Board with any budget information the Board requests, pursuant to Sections 1740.203, 1740.301, 1740.303 and 1740.306 of this Part.

b) The proposed Mobile Team budget must include all the proposed and anticipated operational and non-operational expenditures for the applicable fiscal year beginning on July 1 and terminating June 30.

20 Ill. Adm. Code 1740.406 Budget Categories

a) Mobile Team budgets shall be separated into two categories, operational and non-operational.

b) The operational budget category shall be divided into sub-categories including, but not limited to, personal services, automobile and transportation expenses, contractual services, equipment, commodities, and training costs.

c) The non-operational budget category shall include the salaries of full-time law enforcement officers who attend training programs.

20 Ill. Adm. Code 1740.407 Operational Budget Requirements

a) The operational budget shall be separated into sub-categories in order for the Board to determine the necessary funding for each sub-category.

b) Participating units of local government shall provide at least 10% of the total Mobile Team budget before the Mobile Team's application is finally approved by the Board.

c) The Board shall approve up to 50% of the total Mobile Team budget for operational costs if the Mobile Team meets all the requirements in the Act and rules adopted pursuant thereto, including paragraph (b) of this Section, providing state funds are available.

20 Ill. Adm. Code 1740.408 Non-Operational Budget Requirements

a) Non-operational budget costs shall include only the salaries of full-time law enforcement officers who receive training under this Part.

b) The non-operational budget shall not exceed 40% of the total Mobile Team budget.

c) Proposed Mobile Team budgets including a non-operational budget category shall detail the number of full-time officers the Mobile Team expects to train, the total number of training hours planned, and the estimated salaries of the participating law enforcement officers.

20 Ill. Adm. Code 1740.409 Final Mobile Team Budget

a) The Board shall approve, deny or conditionally approve the Mobile Team budget in accordance with Sections 1740.306 and 1740.309 of this Part.

b) The Board shall, on a random basis, investigate the activities of a Mobile Team to ensure the Mobile Team is meeting the requirements of the approved budget.

c) If the Board determines a Mobile Team is deviating from its budget, the Board may reduce or deny future disbursements. In determining whether there will be a reduction or denial of disbursements, the Board will compare the terms of the approved budget with the actual practices of the Mobile Team, and:

Any variance from the approved application that results in the negation of the existence of the factors necessary for approval of disbursements pursuant to Section 1700.305 of these rules shall result in the denial of disbursements; or
Any variance that does not negate the reasons for approval pursuant to 1700.305, but results in a requirement of a lesser amount of funds than approved previously, will result in a reduction of disbursements to that level actually required.

20 Ill. Adm. Code 1740.410 Budget Transfers

a) No transfers of money within the budget is permitted, except as is provided for in paragraph (b) of this Section.

b) A Mobile Team must obtain written authorization from the Executive Director to transfer budget funds from one sub-category to another sub-category. In determining whether there will be a transfer of funds, the Director will compare the terms of the approved budget with the proposed terms of the transfer, and:

Any variance from the approved budget that results in the negation of the existence of the facts necessary for approval of disbursement pursuant to Section 1740.305 of Subpart C of this Part shall result in the denial of the request; and
The Director must determine if the Mobile Team is complying with the Act and rules adopted pursuant thereto.

20 Ill. Adm. Code 1740.411 Returning State Funds

In the event a Mobile Team does not properly expend its funds as approved by the Board, or is in violation of the act or these rules, the mobile team, and the local governmental units creating the Mobile Team, shall be responsible for returning the money as follows:

a) If the money received by the Mobile Team was appropriated out of the Traffic and Criminal Conviction Surcharge Fund, Ill. Rev. Stat. 1981, ch. 85, par. 509, the money shall be returned to the Board, payable to the Board, for the Board to redeposit the money into the Surcharge Fund pursuant to Section 10.14 of the State Comptroller's Act, (Ill. Rev. Stat. 1981, ch. 15, par. 210.14); or

b) If the money received by the Mobile Team was appropriated out of the General Revenue Fund, the money shall be returned to the Board, payable to the Board, for the Board to redeposit the money into the proper General Revenue Fund appropriation category, pursuant to Section 10.14 of the State Comptroller's Act.

Part 1750 Basic Correctional Training

20 Ill. Adm. Code 1750.101 Purpose and Scope

Unless otherwise indicated, the rules set forth in this Part provide for the training and funding requirements and procedures which are applicable to all Probationary County Corrections Officers covered under the Illinois Police Training Act.

20 Ill. Adm. Code 1750.102 Definitions

a) The definitions of terms used in this Part are the same as those found in the Illinois Police Training Act (Act) (Ill. Rev. Stat. 1983, ch. 85, pars. 501 et seq.).

b) Notwithstanding paragraph (a) of this Section, the following terms are defined for purposes of this Part:

"Academy" means a school certified by the Board pursuant to Section 1750.203 of Subpart B of this Part to offer the Correctional Basic Training Course to Probationary County Correctional Officers.

"Act" means the Illinois Police Training Act, (Ill. Rev. Stat. 1985, ch. 85, par. 501 et seq.).

"Chief Jail Administrator" means the county sheriff or one appointed by the county sheriff to directly supervise and control the operations at a county jail certified by the Board pursuant to Section 1750.203 of Subpart B of this Part.

"Director" means the chief full-time administrator of a Board-certified training academy.

"Executive Director" means the Executive Director of the Board.

"Full-time" means one who is employed at least thirty-five (35) hours a week as a correctional officer on a regular basis.

"Roster" means the form listing the names of all County Correctional Officers completing the requirements of a course approved by the Board under this Part. The information required on a roster form is the officer's date of appointment, his name, address, department, employment status and salary, and the name of the course and the date of completion.

20 Ill. Adm. Code 1750.103 Veracity of Information

No person shall make any false or misleading statement, representation or certification of any record, report, application or any other documents filed with the Board or required by the Board.

20 Ill. Adm. Code 1750.104 Confidentiality of Information

a) Claims of confidentiality must be asserted at the time of submission, by stamping the words "Confidential Business Information" on each page containing such information. No information will be submitted to parties involved in litigation without subpoenas.

b) Claims of confidentiality or the following information will be denied: Name and address of any applicant for reimbursement; Financial data submitted to the Board in order to receive reimbursement.

c) Notwithstanding the provisions of subsection (a), the Board will adhere to the provisions of the Freedom of Information Act, (Ill. Rev. Stat. 1984, Sup., ch. 116, par. 201 et seq.), and amendments thereto. Personal and private information may be acquired from the Board with the signed consent of the interested person.

d) Information received by any mobile teams created pursuant to the Illinois Intergovernmental Law Enforcement Officer's In-Service Training Act, (Ill. Rev. Stat. 1985, ch. 85, par. 561, et seq.) shall be treated as information received by the Board under subsections (a) and (b).

20 Ill. Adm. Code 1750.105 Date of Compliance

Compliance with this Part is required on and after the effective date of this Part.

20 Ill. Adm. Code 1750.106 Board Review

The Curriculum and School Standards Committee shall be responsible for quarterly reviewing the curriculum of the Correctional Basic Training Course. The committee shall, as changes in the law or training techniques occur, recommend modifications in the Correctional Basic Training Course to the Board.

20 Ill. Adm. Code 1750.201 Training Standards

a) The Board shall establish training standards and curriculum for the implementation of the Correctional Basic Training Course.

b) Except as provided for in Section 8.1 of the Police Training Act, every trainee must successfully complete the Correctional Basic Training Course to be certified a Permanent County Correctional Officer.

20 Ill. Adm. Code 1750.202 Minimum Curriculum Requirements

a) The Board shall annually review the Correctional Basic Training Course to update and improve minimum basic training requirements.

b) In no event will the Correctional Basic Training Course be less than 200 hours of full-time study. Full-time means that the course must be at least five consecutive weeks of training, averaging 40 hours of study per week. At least one week of the Correctional Basic Training Course will be conducted at a Board-certified jail for on-the-job training.

c) The Board's mandated training course may be reviewed and modified at any time by the Board. Nevertheless, the approved curriculum will include, but not be limited to, the following:

An Act in relation to firearms training for peace officers, (Ill. Rev. Stat. 1985, ch. 85, par. 515, et seq.), and amendments thereto;
A course in cardio-pulmonary resuscitation consistent with American Heart Association standards as found in Cardio-Pulmonary Resuscitation, by the American Red Cross (1981, National Center, 7320 Greenville Avenue, Dallas, Texas 75231). This incorporation includes no later amendments or additions;
A course in First Aid or emergency care;
Instruction on basic jail security principles;
Instruction on the legal rights of prisoners;
Instruction on self defense tactics;
Instruction on human behavior; and
Instruction on shakedown and physical search procedures.

20 Ill. Adm. Code 1750.203 Certification of Facilities

a) The Board shall certify those academies and courses which satisfy the requirements described in this Subpart and which are necessary to effectively teach basic training. In making the latter determination, the Board shall consider the economic feasibility of offering training at a particular academy as well as the geographic needs within the state. On-site inspection shall be conducted annually by Board staff members to determine the adequacy of facilities and administration.

b) The Board shall certify jail facilities and courses where trainees can receive field or on-the-job correctional training. On-the-job training shall include, but not be limited to, jail searches, feeding the prisoners, transporting prisoners, record writing, and ensuring prisoners receive adequate medical care.

c) In certifying facilities for training under this Part, the Board will compare the facility's actual standards and procedures with the standards for adult local detention facilities developed by the American Corrections Association, as found in Standards For Adult Local Detention Facilities, Second Edition, April, 1985; Correctional Standards Supplement, January, 1986; (American Correctional Association, 4321 Hartwick Road, Suite L-208, College Park, Maryland 20740). This incorporation includes no later amendments or additions.

d) Every academy and jail certified by the Board for training shall develop a personnel policy manual to be posted for inspection, and made available to all trainees. The personnel policy manual shall delineate the internal policies and procedures of the academy and jail which affect its trainees. A copy of the manual shall be mailed to the Board's main office.

20 Ill. Adm. Code 1750.204 School Standards and Requirements

a) Each academy certified by the board to offer the Correctional Basic Training Course shall have a full-time director.

b) The Director will be responsible for the supervision and administration of the Correctional Basic Training Course, including, but not limited to, the preparation and grading of examinations, rating of classroom notebooks, arranging for qualified instructors, providing for food and lodging for the trainees, arranging for adequate training facilities, such as classrooms, props, and firearms ranges, and the conduct and discipline of the trainees. Any sheriff who sponsors a trainee County Corrections Officer may choose before the course begins which Board-certified jail the trainee attends for on-the-job training. Excepting Cook County, which has its own facility, the Director is responsible for selecting an alternate jail if the jail selected by a sheriff has less than 5 or more than 12 trainees.

c) The Director shall maintain complete records on each trainee. The records shall include, but not be limited to, the attendance and performance ratings of the trainee, including test scores for every written or oral test, during the Correctional Basic Training Course. All records gathered by the academies under this Part shall be maintained in accordance with the State Records Act, (Ill. Rev. Stat. 1985, ch. 116, par. 43.4, et seq.), and amendments thereto.

d) The Director shall be responsible for submitting a class roster to the Executive Director of the Board. Every class roster must be signed by the Academy Director to certify the attendance and final grade of all trainees.

e) The Director shall make final determination as to whether a trainee has satisfactory passed all reasonable standards and requirements of a particular course of training. He shall also have the authority to dismiss from the school of any trainee prior to the completion of the course, if, the Director determines that the trainee is failing to comply with the academy's internal rules to the extent that the trainee cannot meet the minimum training requirements set forth in Subpart B. Upon such dismissal action, the Director shall submit a written report within seven calendar days to the Executive Director and the appointing authority.

f) The Director shall also have the responsibility of fixing reasonable fees to be charged for any training course, including tuition, and room and board where applicable. Reasonable fees will be based on the costs of developing and implementing the course, including but not limited to the cost of instructors, facilities for training, food and lodging, training supplies, and general administrative costs. The Board shall annually review the training fees established by the academies to determine if the fees are reasonable.

20 Ill. Adm. Code 1750.205 Approval of Instructors

a) The Board shall approve instructors on the basis of education, training, and experience for example, as a result of the successful completion of a comparable training course or extensive prior county or State law enforcement or correctional employment. The instructor will be eligible to instruct Board-certified course in the specialized field relating to his qualifications. It shall be the continuing responsibility of the Director to see that instructors are assigned only topics which they are qualified to teach and are supervised on a regular basis to ensure that instructional excellence is maintained.

b) The actual evaluation and selection of instructors is the responsibility of the Director. Review and evaluation of the instructors may also be initiated by the Board.

20 Ill. Adm. Code 1750.206 Minimum Requirements of the Trainee

a) Regular attendance at all sessions is required. However, excused absences may be granted by the Director under certain limited circumstances beyond the trainee's control, which may include, but not be limited to, a death in the family, illness, response to a court subpoena, disability, or transportation breakdown. In order to successfully complete the course, absences must not exceed ten percent of the total hours of instruction for any Board-certified course instruction.

b) Maintenance of an adequate classroom notebook is required. Factors to be considered in rating the notebook are neatness, legibility, accuracy and sufficiency of content. "Adequate," for purposes of this subsection, refers to:

Neatness. Requires concise organization of the notes. All notes and handouts will be placed in the book received during the course. Dividers into topics are required; and
Legibility. Put down notes in brief, clear complete sentences. Underline the important items. Lined notebooks or typing paper for typing should be used; and
Accuracy. The notes taken in class must precisely reflect the content of the class; and
Sufficiency of content. Putting notes down in the trainee's notebook should be in the trainee's own words. The trainee should strive to achieve condensation of the material clearly and concisely.

c) Qualifications in the use of firearms as required by "AN ACT in relation to firearms training for peace officers" is required.

d) An overall average of 70 percent must be achieved on all written examinations given during any course of training. Written examinations are required on a weekly basis. Separate evaluation of any skill-oriented performance requirements shall be made by the instructor on a satisfactory/unsatisfactory basis.

e) The Director shall establish standards of conduct for the trainee while enrolled at the academy. These shall include demeanor, deportment and compliance with the discipline and regulations of the school or course. Receipt of certification of the successful completion of the course from the academy shall be deemed proof that the trainee has complied with the requirements of this subsection.

f) Each trainee who has not been awarded a certificate attesting to his successful completion of the Correctional Basic Law Enforcement Training Course as prescribed by the Board within six (6) months of his initial full-time employment, must forfeit his position, or the employing agency must obtain a waiver from the Board extending the period of compliance. Such waivers shall be issued only for good and justifiable reasons, and shall extend for ninety (90) days beyond the initial six (6) months. Good and justifiable reasons for waiver include, but are not limited to, unavailability of academy space for training, illness or disability, and the need for the trainee to serve his department during the initial six-months period.

g) Each trainee will bring such equipment as issued by the sponsoring agency.

20 Ill. Adm. Code 1750.301 Reimbursement Limitations

a) The Board will, in accordance with the Act and these rules, and provided there are sufficient funds appropriated by the General Assembly, reimburse local governmental agencies for monies spent for training under this Part.

b) Reimbursement for Correctional Basic Training shall equal one half of the total paid by local governmental agencies during the State's previous fiscal year.

c) Reimbursement to local agencies shall be determined by the Board, and may include, but not be limited to, the salaries of the trainees while in the academies and jails, and the necessary travel, and room and board expenses.

20 Ill. Adm. Code 1750.302 Eligibility

a) To be eligible for reimbursement, a local governmental unit must meet the requirements of the Act and these rules.

b) Every participating local governmental unit must maintain personnel and training records to verify the accuracy of claims for reimbursement filed under this Subpart.

c) In addition to the requirements of the Act and these rules, reimbursement to a local home rule governmental unit will occur only in accordance with Section 8 of the Act. A copy of the resolution or ordinance adopted pursuant to Section 8 of the Act must be filed with the Executive Director before a home rule unit is eligible.

20 Ill. Adm. Code 1750.303 Claims for Reimbursement

a) Claims for reimbursement shall be submitted no later than July 15 on forms provided by the Board.

b) Claims will not be considered for reimbursement without the signatures of the Correctional Department head and a financial officer, such as the auditor, comptroller, or clerk of the applicant local governmental unit.

c) Claims for reimbursement shall include, but not be limited to, the name, age, rank, and social security number of the trainee, the dates the training started and terminated, the name and location of the academy, the trainee's hourly salary during the training period, the costs of tuition and registration fees, and the cost of lodging, food and transportation.

d) One original claim request and one copy must be mailed to the Board's office.

20 Ill. Adm. Code 1750.304 Prohibitions

a) Reimbursements for the Correctional Basic Training Course are limited to full-time County Correctional Officers.

b) Reimbursement to local governmental units shall not exceed applicable state guidelines, including but not limited to, the travel miles established by Central Management Services. Mileage for transportation is limited to the actual use of vehicle for transportation to and from course sites, and does not allow claims for passengers.

c) Reimbursement of salary will not be considered if a trainee is required to work during a training course.

Part 1760 Coroners Basic Training

20 Ill. Adm. Code 1760.101 Purpose and Scope

Unless otherwise indicated, the regulations set forth in this Part provide the general requirements and procedures which are applicable to all coroners.

20 Ill. Adm. Code 1760.102 Definitions

The following terms are defined for purposes of this Part:

"Roster" means the form listing the names of all coroners completing the requirements of a course approved by the Illinois Local Governmental Law Enforcement Officers Training Board (Board or Police Training Board) under this Part, including, but not limited to, the coroner's date of appointment, his name, address, county, employment status, the name of the course and date of completion.

"Trainee" means the coroner who has enrolled to take a certified Board coroners basic training course and who is attending said training course at a Board approved facility prior to the completion of the course pursuant to this Part.

20 Ill. Adm. Code 1760.103 Confidentiality of Information

a) Claims of confidentiality must be asserted at the time of submission in a manner prescribed by the Board, or in case of other submissions, by stamping the words "Confidential Business Information": on each page containing such information. If no claim is made at the time of the submission, the Board may make the information available to the public without further notice. If a claim is asserted, the claims will be granted or denied in accordance with Board procedures.

b) Claims of confidentiality for the following information will be denied:

Name and address of any financial assistance applicant;
Financial data submitted to the Board in order to receive funding.

20 Ill. Adm. Code 1760.104 Veracity of Information

No person shall make any false or misleading statement, representation or certification of any record, or any other document filed with the Board of required by the Board.

20 Ill. Adm. Code 1760.201 Course Requirements

a) The Board, annually, shall set the minimum number of hours which contain the prescribed subjects for the minimum standard coroners training course. An hour of instruction is defined as being 50 minutes of actual instruction, plus a 10-minute recess.

b) The minimum standard coroners basic training course shall consist of 40 hours of training for 5 consecutive days.

c) The minimum standard coroners basic training course, shall be offered at a Board certified academy or a Board designated mobile team training facility and shall cover the prescribed subjects with the instructional time as specified and the curriculum and instructors guides approved by the Police Training Board. Said prescribed subjects shall include, but not be limited to, training in death scene investigation/rules of evidence, toxicology, crime laboratory services, pathology, forensic anthropology investigation, forensic odontology, vehicular deaths, budget preparation, case preparation and courtroom demeanor, and coroners inquest.

20 Ill. Adm. Code 1760.202 Minimum Requirements of the Trainee

a) Regular attendance at all sessions is required. Excused absences may be granted by the designated director or coordinator of the minimum standards coroners basic training course under certain limited circumstances beyond the trainee's control, which may include, but not be limited to, a death in a family, illness, response to a court subpoena, disability, emergency death call, or a transportation breakdown. In order to successfully complete the course, absences must not exceed 10% of the total hours of instruction for the prescribed minimum standards coroners basic training course.

b) Maintenance of an Adequate Classroom Notebook. Trainees are required to maintain a classroom notebook. The factors to be considered in rating the notebook are neatness, legibility, accuracy and sufficiency of content. "Adequate", for purposes of this subsection, refers to:

Neatness. Requires concise organization of the notes. All notes and handouts will be placed in the book or received during the course. Dividers into topics are required; and
Legibility. The trainee must put down notes in brief, clear, complete sentences, underlining the important items; and
Accuracy. The notes taken in class must precisely reflect the content of the class; and
Sufficiency of content. The trainee shall put down in a notebook in the trainee's own words the information. The trainee should strive to achieve condensation of the material clearly and concisely.

c) The trainee shall be quizzed at the end of every day of instruction. An overall pass over failure consistency is required at the end of the full course of training.

d) The designated director or coordinator shall establish standards of conduct for the trainee while enrolled in the course. This shall include demeanor, deportment and compliance with the disciplines and regulations at the course or at the location where the course is received. Receipt of certification of the successful completion of the course from the designated director or coordinator shall be deemed proof that the trainee has complied with the requirements of this subsection.

20 Ill. Adm. Code 1760.203 Course Standards and Requirements

a) The designated director or coordinator shall assume responsibility of the overall supervision of the course, including the preparation and grading of examination, rating of classroom notebooks, arranging for qualified instructors, providing, if necessary, for food or lodging for trainees where appropriate, arranging for adequate training facilities such as classrooms, props, and the conduct and discipline of the trainees.

b) The designated director or coordinator shall maintain a complete record in the form of a roster on each trainee and, at the conclusion of the course, shall submit such record to the Executive Director of the Police Training Board for filing in such form as the Board may require.

c) The designated director or coordinator shall make final determination as to whether a trainee has successfully passed all reasonable standards and requirements of a particular course of training.

d) The designated director or coordinator shall have the responsibility of fixing reasonable fees to be charged for any training courses, including tuition and room and board where applicable. Fees shall be approved by the Police Training Board as reasonable based upon a showing that the fees represent the actual cost of the training.

20 Ill. Adm. Code 1760.204 Qualifications of Police Instructors

a) The Police Training Board shall certify instructors for purposes of providing training to trainees under this Part. The Police Training Board shall examine the educational background and/or experience to determine whether the instructor has sufficient experience and education to meet the instructional demands that will be made of him. The instructor shall be a person of personal integrity and have a sincere interest and desire to impart his knowledge and experience to the trainees.

b) The Executive Director shall decide whether a particular instructor meets the qualifications set forth above. This decision shall be based on investigation of the credentials of the particular instructor.

20 Ill. Adm. Code 1760.205 Notification of Commission

Prior to entry into a minimum standards coroners basic training course, it shall be the responsibility of the trainee to provide the Police Training Board with proof of notification of commission by the Governor indicating the coroner has been appointed as coroner and is eligible to receive the minimum standards coroners basic training course. Notification shall be in writing to the Police Training Board and must be received by the Police Training Board within fourteen (14) days prior to the implementation of the minimum standards coroners basic training course.

20 Ill. Adm. Code 1760.206 Successful Completion

Upon the successful completion of the minimum standards coroners basic training course, the designated director or coordinator shall notify in writing the Executive Director of the Police Training Board. After receiving notice of the successful completion by the trainee, the Executive Director shall certify the successful completion of the minimum standards coroners basic training course.

20 Ill. Adm. Code 1760.207 Board Reporting to County Board

Within thirty (30) days of receiving notice of the successful or unsuccessful completion of the minimum standards coroners basic training course from the designated director or coordinator, the Executive Director of the Board shall forward to the trainee and the chairman of the local county board notification that the coroner has successfully or unsuccessfully completed the minimum standards coroners basic training course.

Chapter V Illinois Law Enforcement Training Standards Board

Part 1770 Part-Time Basic Training

20 Ill. Adm. Code 1770.101 Purpose and Scope

Unless otherwise indicated, the rules set forth in this Part provide the general requirements and procedures which are applicable for the training of all part-time police officers.

20 Ill. Adm. Code 1770.102 Definitions

a) The definitions of terms used in this Part are the same as those found in the Illinois Police Training Act (Act) [50 ILCS 705].

b) Notwithstanding subsection (a) of this Section, the following terms are defined for purposes of this Part:

"Act" means the Illinois Police Training Act [50 ILCS 705].

"Coordinator" means an employee of the mobile team who manages and directly supervises the ongoing operations of the mobile team.

"Director" means the Executive Director of the Illinois Police Training Board.

"Full-time police officer" means a law enforcement officer who is a member of a duly authorized police department and is employed full-time by a unit of local government. An officer who is employed by one or more local governmental agencies and works more than 1,560 work hours in a twelve month period beginning on the first of January of any calendar year, must comply with the training provisions of the Illinois Police Training Act. Nothing in this definition is intended to alter or affect the pension status of any public employee.

"In-Service Training Act" means the Illinois Intergovernmental Law Enforcement Officers In-Service Training Act [50 ILCS 720].

"Mobile Team" means the organization established as a Mobile Team In-Service Training Unit (see 50 ILCS 720/2).

"Module" means any segment of the part-time basic training for part-time police which is established by the Board as a unit of instruction within the part-time basic training course.

"Module Test" means those examinations created by the Board which are administered at regional training facilities following the successful completion of a Board-approved module.

"Monitor" means that person on location at a training site who is responsible for ensuring training and training records are being properly gathered and maintained.

"Part-time police officer" means a law enforcement officer who is a member of a duly authorized police department and who is employed by one or more units of local government 1,560 hours or less per twelve month period beginning on the first of January of any calendar year. Part-time police officers must comply with the training provisions as specified in this Part. Nothing in this definition is intended to alter or affect the training requirements established for full-time police officers as defined in this Section and pursuant to the Illinois Police Training Act.

"POWER-test" means the physical fitness standards established pursuant to 20 Ill. Adm. Code 1720.30(h).

"Recruit" means a probationary part-time police officer who has not received a Board certificate attesting to the successful completion of the part-time police basic training course.

"Regional Training Facilities" means those designated facilities approved by the Board where probationary part-time police officers must convene at times determined by the Board for in-person direct training.

"Unit of Instruction" means that course of instruction which is combined with other courses in instruction to form a module.

"Work Stations" means those designated facilities approved by the Illinois Law Enforcement Training and Standards Board where probationary part-time police officers can receive distance training under this Part.

20 Ill. Adm. Code 1770.103 Veracity of Information

20 Ill. Adm. Code 1770.104 Confidentiality of Information

a) Claims of confidentiality must be asserted, at the time of submission, by stamping the words "Confidential Business Information" on each page containing such information. No information will be submitted to parties involved in litigation without subpoenas.

b) Claims of confidentiality on the following information will be denied: Name and address of any applicant for reimbursement; Financial data submitted to the Board in order to provide matching funds.

d) Information received by any mobile teams created pursuant to the Illinois Intergovernmental Law Enforcement Officers In-Service Training Act [50 ILCS 720] shall be treated as information received by the Board under subsections (a) and (b) of this Section.

20 Ill. Adm. Code 1770.105 Board Review

The Board shall be responsible for annually reviewing the curriculum of the Part-Time Basic Training Course. The Board shall, as changes in the law or training techniques occur, make modifications in the Part-Time Basic Training Course.

20 Ill. Adm. Code 1770.201 Training Standards

a) The Board shall establish training standards and curriculum for the implementation of the Part-Time Basic Training Course.

b) Except as provided for in Section 8.1 of the Illinois Police Training Act, every recruit must successfully complete the Part-Time Basic Training Course to be a certified part-time police officer.

c) The Board may grant a waiver of the basic training requirement if, by reason of extensive prior experience as a law enforcement officer, the basic training requirement is illogical or unreasonable. (See 50 ILCS 705/8.1(a))

History

Source: Amended at 47 Ill. Reg. 9410, effective June 23, 2023

20 Ill. Adm. Code 1770.202 Minimum Curriculum Requirements

a) The Board shall annually review the Part-Time Basic Training Course to update and improve the minimum basic training requirements to ensure the course is of similar content and same number of hours as the courses for full-time officers.

b) The Board's mandated training course may be reviewed and modified at any time by the Board. Nevertheless, the approved curriculum will include, but not be limited to, the following:

The Peace Officer Firearm Training Act [50 ILCS 710]; and
Those curriculum courses and topics established in Section 7 of the Act.

20 Ill. Adm. Code 1770.203 Certification of Facilities

a) The Board shall certify those work-stations, regional training facilities and other facilities which provide adequate space to satisfy the requirements described in this Part and which are necessary to effectively provide part-time basic training. In making the latter determination, the Board shall consider the economic feasibility of offering training at a particular location and the economic feasibility of offering training. On-site inspections shall be conducted on a regular basis by the coordinator, an employee of the mobile team or the Board to determine the adequacy of facilities and administration.

b) In certifying facilities for training under this Part, the Board will ensure that work stations are available and accessible to recruits for a minimum of 8 hours per day on business days. A Board-approved facility monitor shall log in and log out all recruits. Proper identification of the recruit must be provided at the time the recruit logs in.

c) In certifying facilities for training under this Section, the Board will ensure the facility maintains records of all training activities as prescribed by the Board. Said records shall be maintained by the Chief Administrator of said facility until said time as they are transferred to the coordinator of the designated mobile team of the region. The records shall be transferred at least monthly.

d) Each facility shall establish a designated area for part-time basic training which enhances the training opportunity and provides adequate space and solitude, and shall post therein a symbol or notice that training is in progress when a recruit is undergoing training.

e) The Chief Administrator is responsible for ensuring that all materials, equipment and videos at the facility remains at the facility where the training occurs.

20 Ill. Adm. Code 1770.204 Standards and Requirements

a) Each mobile team with a part-time basic training course in its region shall operate under the guidelines set forth in this Part.

b) The coordinator of the mobile team shall assume the responsibility of the overall supervision of the course, including, as determined by the Board, the maintaining and grading of tests, the maintaining of all records, rating of course notebooks, arranging for instructors as approved by the Board, providing for food and lodging where appropriate, arranging for adequate training facilities, such as work stations, regional training facilities, firearms courses, gymnasiums, auditoriums, driving and running courses, and maintaining and overseeing the conduct and discipline of recruits. The coordinator, in consultation with the Director, shall choose before the course begins which work station or regional training facility each recruit shall attend.

c) Each mobile team shall maintain complete records for each recruit. The records shall include, but not be limited to, the attendance and performance ratings of the recruit, including test scores for every written or oral test, during the Part-Time Basic Training Course. All records gathered by the mobile team or other facilities approved by the Board shall be maintained in accordance with the State Records Act and, for purposes of this Part, shall be deemed to be the records of the Board and held confidential. No records shall be released, disseminated or published except through the Board and with the Board's permission.

d) The coordinator shall be responsible for submitting to the Director a class roster of all recruits who attend the part-time basic training. Attendance by recruits is mandatory. The coordinator shall make the final determination whether a recruit has satisfactorily passed all reasonable standards and requirements during regional training. The coordinator shall have the authority to dismiss from the Part-Time Basic Training Course regional training facility any recruit who fails to comply with the standards established in Section 1770.205 of this Part. Upon such dismissal action, the coordinator shall submit a written report within 7 calendar days to the Director. The recruit shall have the opportunity within 7 days to submit a written report to the Director describing the recruit's version of the event. The Director has the discretion to determine whether the action of the coordinator should be ratified.

20 Ill. Adm. Code 1770.205 Minimum Requirements of the Recruit

a) Attendance at all sessions is required. In order to successfully complete the Part-Time Basic Training Course, the recruit shall attend all training sessions.

Neatness. Concise organization of the notes. All notes and handouts will be placed in the book received during the course. Dividers into topics are required; and
Legibility. Recording of notes in brief, clear complete sentences. Underlining the important items; and
Accuracy. The notes taken in class must precisely reflect the content of the class; and
Sufficiency of content. Recording in the recruit's notebook should be in the recruit's own words. The recruit should strive to achieve condensation of the material clearly and concisely.

c) Qualifications in the use of firearms as required by the Peace Officer and Probation Officer Firearm Training Act [50 ILCS 710] is required.

d) The recruit shall successfully pass the Board's written module test for each module in order to successfully complete the module. The module tests shall be administered during regional training sessions unless otherwise determined by the Director. A second failure of any module test shall necessitate the retaking of the module. If the recruit again fails the module test after retaking the module, the recruit will not be allowed to continue the Part-Time Basic Training Course and must forfeit the position. In the event the recruit failed two different module testing segments, the recruit will not be allowed to continue the Part-Time Basic Training Course and must forfeit the position.

e) A recruit must successfully pass every module before being eligible to take the Board's Part-Time Police Certification Examination.

f) The Director shall establish standards of conduct for the recruit while the recruit is taking the Part-Time Basic Training Course. These shall include demeanor, deportment and compliance with the discipline and regulations of the facility or course.

g) Each recruit and hiring agency shall provide, on a form prescribed by the Board, certification that the recruit is a person of good character and has not been convicted of a felony offense or a crime involving moral turpitude. A recruit shall immediately, in writing, keep the Board notified of all arrests and convictions while the recruit is undergoing part-time basic training.

h) Each recruit employed on or before December 31, 1995, who has not been awarded a certificate attesting to the recruit's successful completion of the Part-Time Basic Training Course as prescribed by the Board by December 31, 1997, must forfeit the recruit's position, or the employing agency must obtain a waiver from the Board extending the period for compliance. Such waivers shall be issued only for good and justifiable reasons, and in no case shall extend more than 90 days beyond the initial 24 months. Good and justifiable reasons for a waiver include, but are not limited to, unavailability of facility space for training, illness or disability, and the need for the recruit to serve the law enforcement agency during the probationary period.

i) Each part-time recruit employed on or after January 1, 1996, who has not been awarded a certificate attesting to the recruit's successful completion of the Part-Time Basic Training Course as prescribed by the Board within 18 months after the recruit's initial part-time employment, must forfeit the recruit's position, or the employing agency must obtain a waiver from the Board extending the period for compliance. Such waivers shall be issued only for good and justifiable reasons, and in no case shall extend more than 90 days beyond the initial 18 months. Good and justifiable reasons for a waiver include, but are not limited to, unavailability of facility space for training, illness or disability, and the need for the recruit to serve the department during the initial probationary period.

Beginning December 15, 2022, a part-time officer's 6-month enrollment requirement and 18-month training requirement stated in 50 ILCS 705/8.2 shall begin upon initial employment, and shall begin again with each subsequent appointment.
An officer who separates from an employer prior to the completion of their training, but is appointed by another agency within 10 days, may continue training in the registered program under the original time limitations as the previous appointment. An officer who separates before completing training and subsequently receives an appointment more than 10 days after the original separation may proceed through a part-time training program a second time in compliance with all of the requirements of recently hired officers. Nevertheless, beginning December 15, 2022, officers will no longer be barred from participating in a part-time training program with subsequent appointment if they failed to meet their initial 6- and 18- month training requirements.

j) Each recruit will bring such equipment to training sessions as is required by the Director.

k) A recruit shall pass the Board's Part-Time Certification Examination to qualify as a part-time police officer, except as is otherwise provided for in the Act.

The test shall be in writing. It shall be administered by the staff of the Board, or such other testing company or association expressly authorized by the Board; and
The Board shall establish a minimum passing score. In establishing the minimum passing score, the Board will ensure that the score reflects the knowledge and competency of the recruit for law enforcement work. The minimum passing score will be established by the Board within the range of 60 to 80 percent of the total score. At the beginning of each training course the minimum passing score will be announced; and
The content of the test for law enforcement officers may include, but not be limited to, material in the areas as specified in Section 7(b) of the Act and subjects covered in the Peace Officer and Probation Officer Firearm Training Act [50 ILCS 710]; and
The content of the test for part-time officers may include, but not be limited to, materials in the areas specified in 20 Ill. Adm. Code 1770.202; and
The Board shall at least biennially review the content of the exam and minimum passing score to ensure they are current and reliable.

History

Source: Amended at 47 Ill. Reg. 9410, effective June 23, 2023

20 Ill. Adm. Code 1770.206 Procedures for Administration of Part-Time Police Officers Certification Examination

a) The Part-Time Certification Examination will be administered to all recruits who successfully complete the Part-Time Basic Training Course certified by the Board.

b) Recruits who successfully pass the Part-Time Certification Examination will receive a certification attesting to the recruit's successful completion of the part-time basic training requirements.

c) Part-Time Certification Examination scores will be reported in writing to the Chief Administrator of the recruit's employing agency within 14 days after the examination date.

d) Recruits are required to successfully complete the Part-Time Certification Examination on one occasion only. There are no requirements for re-qualification.

e) Only recruits who have successfully completed the Part-Time Basic Training Course, as certified by the Board, are eligible to take the Part-Time Certification Examination.

f) Each recruit must be a part-time police officer and be employed by a local law enforcement agency.

g) In the event the recruit fails to pass the Part-Time Certification Examination on the initial administration, the recruit will be allowed to re-take the Part-Time Certification Examination a maximum of two times with each respective appointment. Failure of this test shall result in the recruit not being eligible for certification and the recruit must forfeit the recruit's position.

h) In order to be eligible to re-take the Part-Time Certification Examination, a written request must be submitted to the Board by the Chief Administrator of the employing agency. Upon receipt of the written request, the Board shall administer the re-take examination, except as may otherwise be provided in subsection (n).

i) Recruits who initially fail to pass the Part-Time Certification Examination will be administered an alternate version of the Part-Time Certification Examination on any successive re-takes.

j) The Board will establish and publish the locations with the dates and times for the administration of re-take Part-Time Certification examinations. Such exams will be given at least twice every six months.

k) The Part-Time Certification Examination will be administered at regional training facilities on the last Saturday of the last month of the Part-Time Basic Training Course.

l) The recruit will have 3.5 hours to complete the Part-Time Certification Examination. A recruit will be excused from completing the examination at that session if the recruit is ill and excused by the proctor.

m) Individuals allowed within the testing area will be limited to Board-approved examination proctors and those who are taking the Part-Time Certification Examination.

n) Any recruit who is uncooperative, disruptive or is thought to be cheating during the administration of the Part-Time Certification Examination will be ordered by the proctor to turn in the recruit's examination and to leave the examination area. A complete written report of the incident will then be submitted to the Director of the Board and the Chief Administrator of the recruit's employing agency. The offending recruit shall have the opportunity within seven days to submit a written report to the Director describing the recruit's version of the event. In such cases it will be left to the discretion of the Director to determine whether the recruit has forfeited the examination and whether the recruit is eligible to re-take the Certification Examination. The Director's determination will be based on the nature of the recruit's misbehavior and on the supporting evidence of such misbehavior.

o) Successful completion of the Part-Time Certification Examination will not be deemed equivalent to or sufficient in and of itself, to render said part-time police officer eligible to obtain a waiver of full-time law enforcement basic training or a certificate attesting to equivalent training as a full-time law enforcement officer.

p) The Board will establish a “Transition Course” that incorporates coursework and scenario-based trainings. Completion of this course may be prescribed by the Board for those part-time certified officers seeking appointment in full-time positions and a waiver of the full-time training requirement. Any recruit who has failed the full-time academy or failed to pass the full-time certification exam on three occasions is ineligible to attend this course.

History

Source: Amended at 47 Ill. Reg. 9410, effective June 23, 2023

20 Ill. Adm. Code 1770.207 Wellness Standards

a) Each probationary part-time police officer employed on or after January 1, 1996 shall successfully complete the Board's physical fitness tests before being allowed to begin the Part-Time Basic Training Course.

b) Each probationary part-time police officer employed before January 1, 1996 shall successfully complete the Board's physical fitness tests before beginning the physical skills unit.

c) Prior to being allowed to attempt any part of the POWER test, each probationary part-time police officer shall provide in writing to the coordinator, on a form approved by the Board, a medical release and authorization report signed by a licensed physician which indicates the officer is fit medically to take the POWER test.

d) The coordinator shall have the responsibility of scheduling the administration of the Board's Physical Fitness Training Standards as described in subsection (e) and following procedures as prescribed by the Board.

e) Every recruit shall be required to perform and successfully complete all of the Board's physical fitness tests in the sequence delineated in this Section. The tests shall be as follows:

Every recruit shall meet the Board's sit and reach standard as defined in Appendix A.
Every recruit shall meet the Board's one minute sit-up standard as defined in Appendix A.
Every recruit shall meet the Board's benchpress standard as defined in Appendix A.
Every recruit shall meet the Board's 1.5 mile run standards as defined in Appendix A.

f) If a recruit fails to meet any standard in subsection (e), the coordinator is authorized to administer a re-test of that specific standard on one more occasion. The re-test must be administered between 48 and 72 hours after the conclusion of the recruit's first physical fitness test.

g) If a recruit fails to meet the requirements set forth in subsections (e) and (f), then the recruit shall not be eligible to proceed with part-time basic training.

h) A recruit described in subsection (b) shall be allowed to successfully complete the requirements set forth in subsection (e) and (f) at any Board-approved POWER Test sites within 45 days prior to beginning the physical skills unit.

i) Within the final week of the academy, the recruit must complete the sequence of physical fitness tests set forth in subsection (e) again and the results of these tests must be shared with the Board for analysis.

History

Source: Amended at 47 Ill. Reg. 9410, effective June 23, 2023

20 Ill. Adm. Code 1770.208 Qualifications of Part-Time Police Instructors

a) A person wishing to be a part-time police basic training instructor shall submit a written application to the Board on a form prescribed by the Board.

b) The Police Training Board shall certify instructors for purposes of providing training to recruits under this Part. The Police Training Board shall examine the educational background and/or experience to determine whether the instructor has sufficient experience and education to meet the instructional demands that will be made of him/her. The instructor shall be a person of personal integrity and have a sincere interest and desire to impart his/her knowledge and experience to the recruits.

c) The Director shall decide whether a particular instructor meets the qualifications set forth above. This decision shall be based on investigation of the credentials of the particular instructor to determine expertise in the particular area of instruction in which he or she is teaching.

20 Ill. Adm. Code 1770.209 Direct Supervision

All probationary part-time police officers hired on or after January 1, 1996 shall be directly supervised at all times by a Board certified law enforcement officer. Direct supervision requires oversight and control with the supervisor having final decisionmaking authority as to the actions of the recruit during duty hours.

20 Ill. Adm. Code 1770.210 Work Station Activities

a) Every work station approved by the Board shall be situated in an area that is available and accessible.

b) Only one recruit may use a work station at a time.

c) Every recruit shall log in and log out when using a work station. The recruit shall be present at the work station when logged in.

d) The approved work station facility shall maintain accurate record of a recruit's use of a work station.

20 Ill. Adm. Code 1770.211 Special Part-Time Practical Waiver

a) In accordance with Section 8.2(b) of the Illinois Police Training Act, agencies employing part-time officers appointed after July 1, 2022 may seek a special certification and training waiver to allow these officers to begin gaining practical experience and participating in on the job trainings.

b) To be eligible for this waiver, the officer must:

Complete 6 months of basic academy training;
Complete the Mandatory Firearm Training Course; and
Complete and pass Unit 7 of the part-time academy.

c) Any agency may request this special waiver, in writing, to the attention of the Director, explaining the nature of the request, the need for such accommodation to be granted, and any safeguards in place to ensure that authorities are not extended or abused prior to certification.

History

Source: Added at 47 Ill. Reg. 9410, effective June 23, 2023

20 Ill. Adm. Code 1770.212 Requirements of Participating Local Agencies

Each participating law enforcement agency shall:

a) Specifically inform each part-time officer appointed after January 1, 1996 that, as a condition of permanent employment, the officer must successfully complete the Minimum Standards Basic Law Enforcement Training Course within the first 18 months after employment, and must complete a POWER test and be registered for the course within the first 6 months of employment.

b) Fully cooperate with the Board by furnishing reports and information the Board deems necessary to fully implement all provisions of the Act.

c) Not appoint any person as a permanent part-time law enforcement officer who has not been awarded a certificate by the Board attesting to successful completion of the Minimum Standards Basic Law Enforcement Training Course within the first 18 months of employment. A waiver of this training requirement may be obtained under the conditions set forth in Section 1720.20(f).

d) Before a part-time police officer can be vested with law enforcement authority and permitted to patrol the public, each law enforcement agency must activate the certification of an individual by:

For newly hired and trained officers,

A) conducting a thorough background check on the individual,

B) confirming the individual completed an approved training academy, and

C) confirming the individual passed the State Certification Examination.

For previously certified officers,

A) conducting a thorough background check on the individual in accordance with the Illinois Police Training Act,

B) submitting a request for reactivation to the Board, and

C) obtaining notice of reactivation from the Board.

For officers who have attended an academy and obtained certification in another state or with an agency of the federal government,

A) confirming certification through out of state reciprocity,

B) verifying the individual's prior trainings, and

C) confirming the individual completed all courses prescribed by the Board and passed the Equivalency Exam.

e) Terminate the employment of any officer who fails to successfully complete the Minimum Standards Basic Law Enforcement Training Course within the first 18 months of employment, or fails to successfully complete a POWER test and register for the course within the first 6 months of employment, unless a waiver of the course requirement has been granted to the employing agency upon proper application to the Executive Director of the Board.

History

Source: Added at 47 Ill. Reg. 9410, effective June 23, 2023

20 Ill. Adm. Code 1770.301 General Provisions

a) Unless otherwise stated, the provisions contained in 20 Ill. Adm. Code 1740 shall apply. In the event a conflict between provisions arises, the provisions set forth in this Part regarding the training of part-time police officers shall prevail.

b) Matching funds by mobile teams for training of part-time police officers by a mobile team may include salary contributions of full-time law enforcement and part-time police officers while they attend training.

20 Ill. Adm. Code 1770.302 Applications

a) In addition to the application requirements set forth in Part 1740, the mobile team shall include projections for the training of part-time police officers.

b) In the event that the mobile team underestimates or overestimates the number of probationary part-time police officers, the mobile team shall immediately inform the Board in writing.

c) The coordinator of the mobile team shall submit to the Board a monthly report updating the Board of its progress in training probationary part-time police officers.

20 Ill. Adm. Code 1770.303 Budget

a) The mobile team shall budget for the training of part-time and probationary part-time police officers.

b) The Board's approval of any mobile team budget shall be conditioned to provide for part-time basic training as required in the Act and contained in this Part.

c) In the event a Board approved budget must be changed by a mobile team to conform with this Section, the mobile team shall submit revised applications to the Board for further Board approval.

d) Matching funds required for the non-operational budget requirements under the In-Service Training Act for this Part shall include, but not be limited to, only the salaries of law enforcement probationary part-time and part-time police officers.

20 Ill. Adm. Code 1770.304 Board Decisions

The mobile team and its coordinator shall adhere to and follow all directives established by the Board in the course of scheduling, training and certifying part-time police officers. These requirements include, but are not limited to, using Board prescribed forms, following disciplinary and certification requirements established by the Board, providing recordkeeping, maintaining supervisory relationships with recruits and facilities, maintaining confidential materials or information deemed confidential by the Board, and informing the Board of its activities, financially and operationally, in the implementation and development of part-time basic training.

20 Ill. Adm. Code 1770.APPENDIX A Physical Fitness Standards

SIT AND REACH TEST: This is a measure of the flexibility of the lower back and upper leg area. It is an important area for performing police tasks involving range of motion and is important in minimizing lower back problems. The test involves stretching out to touch the toes beyond the extended arms from the sitting position. The score is in the inches reached on a yard stick with 15" being at the toes.

MALE AGE

FEMALE AGE

TEST: Sit and Reach

20-29

30-39

40-49

50-59

20-29

30-39

40-49

50-59

Academy Entrance:

14.4

13.0

12.0

10.5

17.0

16.5

15.0

14.8

1 MINUTE SIT UP TEST: This is a measure of the muscular endurance of the abdominal muscles. It is an important area for performing police tasks that may involve the use of force and is an important area for maintaining good posture and minimizing lower back problems.

MALE AGE

FEMALE AGE

TEST: One Minute Sit Up Test

20-29

30-39

40-49

50-59

20-29

30-39

40-49

50-59

Academy Entrance:

1 REPETITION MAXIMUM BENCH PRESS: This is a maximum weight pushed from the bench press position and measures the amount of force the upper body can generate.

MALE AGE

FEMALE AGE

TEST: Bench Press

20-29

30-39

40-49

50-59

20-29

30-39

40-49

50-59

Academy Entrance:

88%

78%

72%

63%

51%

47%

43%

39%

1.5 MILE RUN: This is a timed run to measure the heart and vascular systems' capability to transport oxygen. It is an important area for performing police tasks involving stamina and endurance and to minimize the risk of cardiovascular problems. The score is in minutes and seconds.

MALE AGE

FEMALE AGE

TEST: 1.5 Mile Run

20-29

30-39

40-49

50-59

20-29

30-39

40-49

50-59

Academy Entrance:

14:00

14:34

15:24

16:58

16:46

17:38

18:37

20:44

History

Source: Amended at 47 Ill. Reg. 9410, effective June 23, 2023

Chapter V Illinois Law Enforcement Training and Standards Board

Part 1780 Court Security Basic Training

20 Ill. Adm. Code 1780.101 Purpose and Scope

Unless otherwise indicated, the rules set forth in this Part provide for training requirements and procedures applicable to all probationary and permanent Court Security Officers covered under the Illinois Police Training Act [50 ILCS 705].

20 Ill. Adm. Code 1780.102 Definitions

The terms used in this Part are defined in Section 2 of the Illinois Police Training Act. Additionally, the following terms are defined for purposes of this Part:

"Act" means the Illinois Police Training Act [50 ILCS 705].

"Board" means the Illinois Law Enforcement Training and Standards Board.

"Course" means the course of study identified by the Board pursuant to Section 1780.203 as the Basic Court Security Course for Court Security Officers.

"Course Coordinator" means the person or entity responsible for offering the Basic Court Security Course for Court Security Officers.

"Course Roster" means the form listing the names of all probationary and permanent Court Security Officers completing the requirements of a course approved by the Board under this Part. The information required on a course roster form is the Court Security Officer's name, date of appointment, department, employment status and social security number and the name of the course and the date of course completion.

"Court Security Officer" is a person hired under the following statute: The sheriff of any county in Illinois with less than 3,000,000 inhabitants may hire court security officers in such number as the county board shall from time to time deem necessary. Court security officers may be designated by the Sheriff to attend courts and perform the functions set forth in Section 3-6023. Court security officers shall have the authority to arrest; however, such arrest powers shall be limited to performance of their official duties as court security officers. Court security officers may carry weapons, upon which they have been trained and qualified as permitted by law, at their place of employment and to and from their place of employment with the consent of the Sheriff. The court security officers shall be sworn officers of the Sheriff and shall be primarily responsible for the security of the courthouse and its courtrooms. The court security officers shall be under the sole control of the sheriff of the county in which they are hired. If a county has a Sheriff's Merit Commission, court security officers shall be subject to its jurisdiction for disciplinary purposes. They are not regular appointed deputies under Section 3-6008. The position of court security officer shall not be considered a rank when seeking initial appointment as deputy sheriff under Section 3-8011. Every court security officer hired on or after June 1, 1997 shall serve a probationary period of 12 months during which time they may be discharged at the will of the Sheriff. [55 ILCS 5/3-6012.1]

"Executive Director" means the Executive Director of the Board.

"Full-time Court Security Officer" means one who is employed at least 35 hours a week as a Court Security Officer on a regular basis.

"Permanent Court Security Officer" means a court security officer who has completed his or her probationary period and is employed as a court security officer by a participating local governmental unit.

"Probationary Court Security Officer" means a recruit court security officer required to successfully complete initial minimum basic training requirements at a designated training school to be eligible for employment as a court security officer.

"Trainee" means a probationary Court Security Officer who is receiving the training prescribed by Subpart B.

20 Ill. Adm. Code 1780.103 Veracity of Information

No person shall make any false or misleading statement, representation or certification of any record, report, application or any other documents filed with the Board or required by the Board. Submission to the Board of any information including or constituting a material misrepresentation by a probationary or permanent Court Security Officer will render any subsequent certification granted to that Court Security Officer by the Board void at the Board's election.

20 Ill. Adm. Code 1780.104 Confidentiality of Information

Personal information submitted to the Board by probationary and permanent Court Security Officers will be treated as confidential and only released if necessary to comply with the Illinois Freedom of Information Act [5 ILCS 140], a subpoena or other State or federal laws.

20 Ill. Adm. Code 1780.105 Date of Compliance

Compliance with this Part is required on and after December 15, 2010.

20 Ill. Adm. Code 1780.106 Board Review

The Curriculum and School Standards Committee shall be responsible for monitoring the curriculum of the Basic Court Security Course. The committee shall, as changes in the law or training techniques occur, recommend modifications in the Basic Court Security Course to the Board.

20 Ill. Adm. Code 1780.201 Training Standards

a) The Board shall establish training standards and a curriculum for the implementation of the Basic Court Security Course.

b) Every probationary Court Security Officer must successfully complete the Basic Court Security Course to be certified a Court Security Officer.

c) Notwithstanding the provisions of subsection (b), any individual who has successfully completed either the Basic Law Enforcement Course or the Basic Correctional Course may seek from the Board a waiver from the requirement for completion of the Basic Court Security Course.

20 Ill. Adm. Code 1780.202 Minimum Curriculum Requirements

a) In no event will the Basic Court Security Course be less than 158 hours of full-time study, nor more than 240 hours.

b) The Board's mandated training course may be reviewed and modified at any time by the Board. Nevertheless, the approved curriculum will include, but not be limited to, the following:

The Peace Officer Firearm Training Act [50 ILCS 710];
A course in cardio-pulmonary resuscitation consistent with American Heart Association standards;
Instruction on first aid or emergency care (life threatening conditions);
Instruction on basic court security principles;
Instruction on the legal rights of visitors and prisoners;
Instruction on self defense tactics;
Instruction on human behavior; and
Instruction on physical search procedures.

20 Ill. Adm. Code 1780.203 Course Standards and Requirements

a) Each Basic Court Security Course offering shall be overseen by a Course Coordinator.

b) The Course Coordinator will be responsible for the supervision and administration of the Basic Court Security Course, including, but not limited to, arranging for qualified instructors, arranging for adequate training props and adequate training facilities such as classrooms and firearms ranges, and the conduct and discipline of the trainees.

c) The Course Coordinator shall maintain complete records on each trainee. The records shall include, but not be limited to, the attendance and performance ratings of the trainee, including test scores for every written or oral test during the Basic Court Security Course. All records gathered by the Course Coordinator under this Part shall be maintained in accordance with the Illinois Freedom of Information Act [5 ILCS 140].

d) The Course Coordinator shall be responsible for submitting a course and class roster to the Executive Director of the Board. Every class roster must be verified by the Course Coordinator to certify the attendance and final grade of all trainees.

e) The Course Coordinator shall make final determination as to whether a trainee has satisfactorily passed all reasonable standards and requirements of a particular course of training. The Course Coordinator shall also have the authority to dismiss any trainee from the school prior to the completion of the course if the Course Coordinator determines that the trainee is being disruptive or non-compliant, or cannot meet the minimum training requirements set forth in this Subpart B. Upon such dismissal action, the Course Coordinator shall submit a written report within seven calendar days to the Executive Director and the appointing authority.

f) The Course Coordinator shall also have the responsibility of fixing reasonable fees to be charged for any training course. Reasonable fees will be based on the costs of developing and implementing the course, including but not limited to the cost of instructors, facilities for training, training supplies, and general administrative costs. The Board shall annually review the training fees established by the Course Coordinator to determine if the fees are reasonable.

20 Ill. Adm. Code 1780.204 Approval of Instructors

a) The Board shall approve instructors on the basis of education, training and experience; for example, as a result of the successful completion of a comparable training course or extensive prior law enforcement or correctional employment. The instructor will be eligible to instruct Board-certified courses in the specialized field relating to his or her qualifications. It shall be the continuing responsibility of the Course Coordinator to see that instructors are assigned only topics that they are qualified to teach and are supervised on a regular basis to ensure that instructional excellence is maintained.

b) The actual evaluation and selection of instructors is the responsibility of the Course Coordinator. Review and evaluation of the instructors may also be initiated by the Board.

20 Ill. Adm. Code 1780.205 Minimum Requirements of the Trainee

a) Regular attendance at all sessions is required. However, excused absences may be granted by the Course Coordinator under certain limited circumstances beyond the trainee's control, which may include, but are not be limited to, a death in the family, illness, response to a court subpoena, disability or transportation breakdown. In order to successfully complete the course, absences must not exceed 10 percent of the total hours of instruction for any Board-certified course of instruction.

b) Qualification in the use of firearms as required by the Peace Officer Firearm Training Act [50 ILCS 710] is required.

c) An overall average of 70 percent must be achieved on all written examinations given during any course of training. Separate evaluation of any skill-oriented performance requirements shall be made by the instructor on a satisfactory/unsatisfactory basis.

d) The Course Coordinator shall establish standards of conduct for the trainee while enrolled in the Basic Court Security Course. These shall include demeanor, deportment and compliance with the discipline and regulations of the course. Receipt of certification of the successful completion of the course from the Course Coordinator shall be deemed proof that the trainee has complied with the requirements of this Section.

e) Each trainee who has not been awarded a certificate attesting to his or her successful completion of the Basic Court Security Course as prescribed by the Board within 12 months after his or her initial full-time employment must forfeit his or her position, or the employing agency must obtain a waiver from the Board extending the period of compliance. Waivers shall be issued only for good and justifiable reasons, and shall extend for 90 days beyond the initial 12 months. Good and justifiable reasons for waiver include, but are not limited to, unavailability of academy space for training, illness or disability, and the need for the trainee to serve his or her department during the initial 12-month period.

f) Each trainee shall bring to training session any necessary equipment issued by the sponsoring agency.

Part 1790 Rules of Procedure in Administrative Hearings

20 Ill. Adm. Code 1790.100 Applicability

This Part shall apply to all administrative hearings concerning discretionary decertification, denials of reactivation, and emergency orders of suspension conducted under the jurisdiction of the Illinois Law Enforcement Training and Standards Board pursuant to Sections 6.3(h), 8.1(b), 8.2(b), and 8.3(c) of the Illinois Police Training Act [50 ILCS 705/6.3(h), 8.1(b), 8.2(b), and 8.3(c)].

20 Ill. Adm. Code 1790.120 Definitions

"Administrative Law Judge" or "ALJ" means an attorney licensed to practice law in the State of Illinois who has been retained by the Board for a term no greater than 4 years to conduct any hearings governed by this Part who has received Board training required by law relating to the subject matter of the hearings conducted under this Part.

"Board" means the Illinois Law Enforcement Training Standards Board as established pursuant to Section 3(a) of the Police Training Act. [50 ILCS 705/3].

"Charges of misconduct" means the violations alleged against an officer in a complaint, refusal of reactivation, or emergency order of suspension, as applicable.

"Complaint" means a formal complaint described in Section 6.3(g) of the Illinois Police Training Act [50 ILCS 705/6.3(g)].

"Complainant" means (i) the Board for hearings on formal complaints for decertification; or (ii) the officer or law enforcement agency contesting a refusal of reactivation or an emergency order of suspension.

"Day" means a calendar day.

"Director" means the Executive Director of the Illinois Law Enforcement Training Standards Board.

"Document" means pleading, notice, motion, affidavit, memorandum, brief, petition, or other paper or combination of papers required or permitted to be filed.

"Evidence" means documents, objects, testimony, and any other matter that is considered evidence under the Illinois Rules of Evidence [735 ILCS 5/Art. VIII].

"Hearing" means a formal proceeding in which the administrative law judge shall report any findings of fact, conclusions of law, and recommended disposition. [50 ILCS 705/6.3].

"IAPA" means the Illinois Administrative Procedure Act [5 ILCS 100].

"Panel" means the Illinois Law Enforcement Certification Review Panel as created by the Illinois Police Training Act [50 ILCS 705/3.1].

"Respondent" means: (i) the officer for hearings on formal complaints for decertification; or (ii) the Board for hearings contesting refusal of reactivation and emergency orders of suspension.

"Review Committee" means the Committee created under Section 3(a-5) of the Illinois Police Training Act [50 ILCS 705/3(a-5)].

"Statement" means a written statement made by a witness and signed or otherwise adopted or approved by the witness, or a stenographic, mechanical, electrical, or other recording, or a transcription of the recording that is a substantially verbatim recital of an oral statement made by the witness to an agent of the person obliged to produce the statement and recorded contemporaneously with the making of this oral statement. "Statement" does not include a statement of objection.

20 Ill. Adm. Code 1790.130 Burden and Standard of Proof

The complainant shall have the burden of proof. The standard of proof for any hearing conducted shall be by clear and convincing evidence.

20 Ill. Adm. Code 1790.140 Filing and Service

a) All pleadings, motions, briefs, and documents shall be electronically filed with the Board in accordance with Supreme Court Rules 9 and 10, including complaints filed by the Panel, requests for hearings on refused reactivation filed by an officer or law enforcement agency, and requests for hearings on an emergency order of suspension filed by an officer. Service of such pleadings, motions, briefs, and documents shall be made in accordance with Supreme Court Rules 11 and 12 and subsection (c). For purposes of this Part, the word "filing" shall mean "electronic filing", and the parties are not required to file copies of any pleading, motion, brief or document that is electronically filed.

b) The Panel shall cause a notice of the due date for an answer, the prehearing conference date, and the hearing date before the ALJ and, for a complaint, the additional notice requirements under Section 6.3(h)(1) of the Illinois Police Training Act to be served on the respondent in any manner authorized by the Code of Civil Procedure or by subsection (c).

c) Service:

The Panel may serve a complaint on the respondent by personal service, email, or mail, postage fully prepaid:

A) For mail, to the last known address of the respondent; or

B) For email, to the last known email address of the respondent.

The complainant for a request for a hearing on a denial of reactivation or emergency order of suspension may serve the Board by any of the means allowed under subsection (c)(1).
The Panel's or non-Board complainant's certificate of mailing, emailing, or delivery, or other service affirmatively acknowledged by the respondent or counsel for the respondent, is sufficient proof of service.

20 Ill. Adm. Code 1790.150 Form of Documents Filed

a) Documents shall clearly state a title for the proceedings in connection with which they are filed. Documents shall be filed electronically in letter-quality print on letter-sized paper and shall be signed by the party or by the party's authorized representative.

b) Exhibits, when possible, shall be reduced or enlarged to conform to the size requirements of subsection (a). A party is not prohibited from enlarging an exhibit at hearing for demonstrative purposes as long as the exhibit is reduced to the size requirement in this subsection (b) for the record.

c) All pleadings shall bear the business address, e-mail address, fax number, if any, and telephone number of the attorney filing the pleading or of the party who appears on his or her own behalf.

20 Ill. Adm. Code 1790.170 Prehearing Conference

a) After an ALJ is assigned to the matter under Section 1790.450, a prehearing conference shall be scheduled within 60 to 90 days of the assignment.

b) Upon the request of any party, the prehearing conference shall be conducted as a matter of record.

c) The purposes of the prehearing conference include:

Simplification of issues;
Limitation of issues;
Negotiating admissions or stipulations;
Limitation of witnesses or evidence;
Exchange of exhibits;
Discussion of any other matter that may aid in efficient disposition of the case;
Agreed dispositions; or
Joinder.

d) The parties shall be fully prepared to participate in a prehearing conference, which shall include:

Presentation of any prehearing motions;
Witness and exhibit lists that list only those witnesses the party in good faith intends to call;
Disclosure of expert witnesses; and
Any other materials directed by an ALJ.

e) Any expert witnesses and expert opinions not listed or disclosed in the prehearing conference must be disclosed in accordance with Section 1790.410(b) and disclosed no later than 21 days before the hearing.

20 Ill. Adm. Code 1790.200 Notice of Prehearing Conference

a) All Prehearing Conferences shall be initiated by the issuance of a written Notice of Prehearing Conference, which shall be served upon all known parties as provided in Section 1790.140. Hearings relating to discretionary decertification or an emergency order of suspension (see 50 ILCS 705/6.3 and 8.3) shall take priority over all other hearings.

b) Service shall be complete when the Notice of Prehearing Conference is served on parties as provided in Section 1790.140.

c) A Notice of Prehearing Conference served under this Section shall include:

Time, place and nature of the Prehearing Conference;
The legal authority and jurisdiction under which the hearing is to be held;
A reference to the particular section of the statutes and rules involved; and
A short and plain statement of the matters asserted, except when a more detailed statement is otherwise provided for by law.

20 Ill. Adm. Code 1790.210 Appearance

a) A party may be represented by an attorney who is licensed in Illinois or by an attorney otherwise permitted by law to practice in the State. Attorneys who appear in a representative capacity must file a written notice of appearance setting forth:

The name, address, email address, telephone number and Attorney Registration and Disciplinary Commission number of the attorney;
The name, address and email address of the party represented; and
An affirmative statement indicating that the attorney is licensed in Illinois or is appearing pro hac vice.

b) An attorney may withdraw upon written notice to the ALJ.

c) A law student licensed under Supreme Court Rule 711 may appear on behalf of any party as permitted by Supreme Court Rule 711 and shall be subject to the same requirements as an attorney.

d) Attorneys admitted to practice in states or jurisdictions other than the State of Illinois may appear and be heard in a specific hearing pro hac vice as authorized and in compliance with Supreme Court Rule 707. The attorney's appearance shall include documentation as to his or her eligibility or qualification under Supreme Court Rule 707.

e) Any party may appear on his or her own behalf.

f) Once an appearance is filed, a copy of all future filings shall be served upon the counsel of record, unless that counsel has withdrawn.

g) The standard of conduct shall be the same as before the Courts of Illinois. Attorneys appearing before the ALJ shall conform their conduct to the Illinois Rules of Professional Conduct. Any failure to behave in a manner consistent with those standards of conduct or this Part authorizes an ALJ to take the following actions:

Limitation of evidence;
Substitution of written argument in place of oral argument; or
If warranted, reporting an attorney's misconduct to the Attorney Registration and Disciplinary Commission of the Illinois Supreme Court.

h) If any of the actions authorized by subsection (g) are taken by the ALJ, it shall be done as a matter of record, and the ALJ shall state for the record the specific reasons for the action.

i) A party sanctioned under this Section may request the decision be reviewed by the Panel.

20 Ill. Adm. Code 1790.250 Failure to Appear

Absent a compelling reason, failure to appear at the time and place set for hearing shall be deemed a waiver of the right to present evidence unless otherwise reflected by order of the ALJ. After presentation by the nondefaulting party of proof that the defaulting party was given proper notice and the nondefaulting party has been given an opportunity to present evidence that would have been presented at the hearing in which the default occurred, the ALJ shall make his or her decision as required under Section 1790.630.

20 Ill. Adm. Code 1790.260 Amendment and Withdrawal of Complaints and Requests

a) The complaint may be amended at any time, except in the course of the hearing without leave or approval of the ALJ. If an amended complaint is filed during the course of the hearing, it shall also be presented to the opposing party and ALJ. A continuance shall be granted whenever the amendment materially alters the complaint and when the respondent demonstrates that he or she would otherwise be unable to properly prepare an answer to the amended complaint. Documents received pursuant to 50 ILCS 705/ 9.2 may not be publicly disclosed except as provided by law.

b) The Board may withdraw a complaint or a complainant may withdraw a request for a hearing on an emergency order of suspension or denial of recertification at any time prior to the hearing. After a hearing has begun, a complaint or a request for a hearing may be withdrawn only with leave of the ALJ.

20 Ill. Adm. Code 1790.300 Answer

a) Any party receiving a complaint and Notice of Hearing shall file a written answer to the complaint no later than 30 days after receiving the complaint and Notice of Hearing. The respondent shall specifically admit, deny or explain each of the facts alleged in the complaint. However, if the respondent is without knowledge, the respondent shall so state and that statement operates as a denial. All allegations in the complaint, if no answer is filed, or any allegation in the complaint not specifically denied or explained in an answer filed, unless the answer states that the respondent is without knowledge, shall be deemed to be admitted to be true and shall be so found by the ALJ, unless good cause to the contrary is shown.

b) The answer shall be filed with the ALJ and Panel. Immediately upon the filing of the answer, the responding party shall serve a copy on the Director and the other party. A party who is not represented by an attorney shall sign his or her answer and state his or her address. Except when otherwise specifically provided by rule or statute, an answer need not be verified or accompanied by affidavit. The signature of the attorney or non-attorney party constitutes a certificate by him or her that he or she has read the answer; that, to the best of his or her knowledge, information and belief, there is good ground to support it; and that it is not interposed for delay. If an answer is not signed or is signed with intent to defeat the purpose of this Section, it may be stricken as a sham and false and the action may proceed as though the answer had not been served.

c) The ALJ before whom the hearing is scheduled may by written order extend the time within which the answer shall be filed.

20 Ill. Adm. Code 1790.310 Motions

a) All motions made before or during a hearing shall be made to the ALJ and, unless made orally on the record during a hearing or unless the ALJ directs otherwise, a motion shall be in writing and shall be accompanied by any affidavits or other evidence relied upon and, when appropriate, by a proposed order.

b) Within 14 days after service of a written motion or other document, or other period as the ALJ may allow, a party may electronically file a response in support of or in opposition to the motion and, if necessary, accompanied by affidavits or other evidence. A party filing a motion has the right to request from the ALJ leave to file a reply to a response.

c) A written brief may be electronically filed with a motion or an answer to a motion stating the arguments and authorities relied upon. The brief may not be longer than 15 pages in length unless, prior to the filing date, leave is granted to file a brief greater than 15 pages.

d) A written motion filed prior to a hearing shall be disposed of by written order and on notice of all parties, except for motions made at or after the opening of a hearing, in which case the ALJ shall announce his or her ruling orally on the record at the hearing. All motions, rulings and orders shall become a part of the record, except that ruling on motions to quash subpoenas shall become a part of the record only upon the request of the party aggrieved. Rulings by the ALJ on motions or objections, and orders in connection with those motions or objections, shall not be appealed directly to the Panel but shall be considered by the Panel in reviewing the record if exception to the ruling or order is included in a statement of objection filed with the Panel no later than 15 days after the date of the ALJ decision.

e) The ALJ shall rule upon all motions, except that the ALJ shall have no authority to dismiss or decide a hearing on the merits without granting all parties to the proceeding a right to be heard in accordance with the procedures for motions in this Section, which shall constitute the record.

f) Unless otherwise ordered, the filing of an answer or motion shall not stay the proceeding or extend the time for the performance of any act.

g) A party has a right to file an emergency motion setting forth why an emergency exists and the ALJ can deny the emergency motion solely on the basis that the motion did not demonstrate that an emergency exists.

20 Ill. Adm. Code 1790.320 Joinder of Complaints

If two or more instances of conduct that would be deemed a violation of the Illinois Police Training Act for decertification are known to the Board at the time of the filing of a complaint with the Panel, then all known instances of conduct that would be deemed a violation of the Illinois Police Training Act shall be included in the formal complaint filed with the Panel and heard in a single hearing.

20 Ill. Adm. Code 1790.330 Postponement or Continuance of Hearing

A hearing may be postponed or continued for due cause by the ALJ upon his or her own motion or upon the motion of a party to the hearing. A motion by a party shall set forth facts demonstrating that the request for continuance is not for the purposes of delay. Examples of due cause include the unavailability of the ALJ, a witness, or a party due to an accident, illness, or other circumstances beyond the person's control. Notice of any postponement or continuance shall be given in writing to all parties to the hearing within a reasonable time in advance of the previously scheduled hearing date. All parties involved in a hearing shall attempt to avoid undue delay caused by repetitive postponements or continuances so that the subject matter of the hearing may be resolved expeditiously.

20 Ill. Adm. Code 1790.400 Remote Proceedings

a) By order of the ALJ, any status hearing or prehearing may be conducted remotely, either by teleconference or videoconference. The parties shall be provided instructions for accessing the teleconference or videoconference system for the date and time of the scheduled status hearing or prehearing.

b) The parties may agree that a hearing will be conducted in its entirety by teleconference or videoconference or that a part or parts of the hearing will be conducted by teleconference or videoconference, including the testimony of a particular witness or witnesses. These agreements are subject to the approval of the ALJ by entry of an order. Absent such agreement, the hearings shall be conducted in person at the Board's office.

20 Ill. Adm. Code 1790.410 Discovery

a) The parties may exchange known documents, including any written statements or expert opinions, before the prehearing conference or as otherwise required by the ALJ under subsection (b)(1); however, general discovery (e.g., depositions, interrogatories, or requests to produce or admit) is not permitted.

b) Disclosure of the following shall be required in accordance with the time periods set forth in this subsection (b) unless otherwise modified by the ALJ in the order issued pursuant to the prehearing conference:

Unless otherwise ordered by the ALJ at least 21 days prior to the commencement of the hearing, each party shall provide the other party with a copy of any document and disclose other evidence that the party may offer into evidence, including any statements as defined by Section 1790.120. This subsection (b)(1) does not require any party to provide copies of documents already provided or disclose evidence already disclosed. Each party shall provide newly discovered documents or disclose other evidence to the opposing party as they become known to the party intending to introduce the document or introduce the other evidence.
Unless otherwise ordered by the ALJ at least 21 days prior to the commencement of the hearing, each party shall provide the other party with a list containing the name and address of any witness who may be called to testify. Each party shall provide newly discovered witnesses as they become known to the party intending to call the witness.

20 Ill. Adm. Code 1790.420 Subpoenas

a) The Director shall, on the written application of any party, issue subpoenas to a party allowing that party to require the attendance and testimony of witnesses and the production of any evidence, including books, records, correspondence or documents. Applications for subpoenas shall be filed with the Director and the opposing party. The subpoena shall show on its face the name and address of the party at whose request the subpoena was issued.

b) Subpoenas may be served by personal delivery, by certified mail with return receipt signed by private delivery service, or by U.S. regular mail, postage prepaid. Any person served with a subpoena, whether ad testificandum (for witness testimony) or duces tecum (for document production), who does not intend to comply with the subpoena, shall, within 10 days after the date of service of the subpoena, motion in writing to quash the subpoena. The date of service for purposes of computing the time for filing a petition to quash shall be the date the subpoena is received. All motions to quash subpoenas shall be served on the party at whose request the subpoena was issued. The motion to quash, if made prior to or during the hearing, shall be filed with the ALJ.

c) The ALJ, upon motion made promptly and, in any event, at or before the time specified in the subpoena for compliance, may quash or modify the subpoena if it is unreasonable, is oppressive, or requests material that is irrelevant. The ALJ shall rule upon motions to quash or modify material requested in the subpoena. The ALJ may deny, limit, or condition the production of information when necessary to prevent undue delay, undue expense, harassment, or oppression. The ALJ can take these actions if the subpoena does not describe with sufficient particularity the evidence whose production is required or if, for any other reason sufficient in law, the subpoena is otherwise invalid. The ALJ can also take these actions to protect materials from disclosure consistent with a protective order issued by the ALJ pursuant to Section 1790.560(b). If the request for subpoena is denied or modified, the ALJ shall proceed to conduct the hearing, and the specific reasons for denying or modifying the request shall be made part of the record.

d) If a party or organization within control of a party fails to obey a subpoena, and the ALJ finds the subpoena to have been validly served and the material requested to be relevant and material, the ALJ may impose such sanctions as are appropriate, including, but not limited to: prohibiting testimony by the party who has refused to comply with the subpoena; drawing an adverse inference against the party required to comply; or recognizing the evidence required by the subpoena but not produced as establishing the truth of the position of the party who subpoenaed the document. If a nonparty fails to obey a subpoena, the party seeking enforcement shall be responsible for preparing an application for enforcement and shall file it in circuit court.

e) Witnesses summoned before the ALJ, other than employees of the Board, shall be paid the same fees and mileage that are paid witnesses in the court of the county where the hearing is being held. Witness fees and mileage shall be paid by the party at whose instance the witnesses appear.

20 Ill. Adm. Code 1790.450 Administrative Law Judge

a) The Board shall retain a panel of at least three attorneys licensed to practice law in Illinois to serve as ALJs. Attorneys shall be listed alphabetically and assigned to oversee hearings on a rotating basis. Any attorney retained to serve as an ALJ shall serve a term of no greater than 4 years but may be reappointed to the panel of attorneys at the expiration of that term. The terms shall be staggered.

b) Attorneys retained to serve as ALJs must have at least eight years of experience practicing law in Illinois, at least five years of experience as a litigator, and be

in good standing with the Illinois Supreme Court's Attorney Registration and Disciplinary Commission.

c) Attorneys who meet any of the following criteria are ineligible to serve as an ALJ:

were employed or retained by any law enforcement agency, department or entity in the preceding five years;
were employed or retained by a law any enforcement collective bargaining entity in the preceding five years; or
are currently employed by the Board.

d) The ALJ is bound by the Administrative Law Judge Code of Professional Conduct. The Administrative Law Judge Code of Conduct is hereby incorporated by reference. This document is published in the “Administrative Law Reform Report” (July 31, 2017), CMS Bureau of Administrative Hearings, 502 Stratton Office Building, Springfield, IL 620706; and available at: https://administrativehearings.illinois.gov/content/dam/soi/en/web/ibah/documents/End_of_PilotReport7-31-2017.pdf.

20 Ill. Adm. Code 1790.500 Authority of Administrative Law Judge

An ALJ presiding over a hearing has all powers necessary and appropriate to conduct a full, fair, and impartial hearing, including the following:

a) To administer oaths and affirmations;

b) To rule upon offers of proof and receive relevant evidence;

c) To issue subpoenas as provided in Section 1790.420;

d) To rule on issues relating to document exchanges;

e) To regulate the course of the hearing and the conduct of the parties and their counsel;

f) To consider and rule upon procedural requests;

g) To hold conferences for the settlement or simplification of the issues;

h) To examine witnesses and direct witnesses to testify, limit the number of times any witness may testify, limit repetition or cumulative testimony, and set reasonable limits on the amount of time each witness may testify; and

i) To make decisions in accordance with the appropriate laws and rules, including this Part and the Illinois Administrative Procedure Act.

20 Ill. Adm. Code 1790.510 Ex Parte Communications

a) No party may engage in any ex parte communication with an ALJ or with any member of the Board regarding matters pending before an ALJ. However, a party not represented by an attorney or attorney for a party may engage in communications with the other party (if not represented by an attorney) or the attorney for a party outside the presence of the ALJ.

b) The ALJ shall not initiate ex parte communications, directly or indirectly, in any matter in connection with any substantive issue, with any interested person or party. If the ALJ receives any such ex parte communication, including any documents, he or she shall inform the other party of the substance of any such oral communication or documents. The other party shall be given an opportunity to review any such ex parte communication.

c) Nothing shall prevent the ALJ from communicating ex parte about routine matters, such as requests for continuances, as long as all parties are informed of the substance of the ex parte communication. The date and type of communication, the persons involved, and the results of such routine communications shall be part of the record. The ALJ and Board staff may communicate in order for Board staff to provide administrative support to the ALJ, such as making copies, technical matters, and other such administrative matters.

20 Ill. Adm. Code 1790.520 Disqualification of Administrative Law Judge

a) At any time prior to the issuance of the ALJ's decision or recommendations, a party may move to disqualify the ALJ on the grounds of bias or conflict of interest. The motion shall be made in writing, shall be accompanied by an affidavit signed and dated by the party or party’s attorney, shall be filed according to Section 1790.190, and shall set out the specific instances of bias or conflict of interest. The Panel shall assign the matter for a determination to an ALJ not challenged in the motion. The case shall be suspended until a neutral ALJ rules on the motion.

b) Prior adverse rulings against a party or its attorney in other matters shall not, in and of themselves, constitute grounds for disqualification. The ALJ’s retention as an ALJ by the Board is not, in and of itself, a conflict of interest. On satisfactory evidence submitted by the party in support of the motion to disqualify, the reviewing ALJ shall remove the original ALJ and provide for the reassignment of the case to another ALJ to continue the hearing, including himself or herself. An ALJ may voluntarily disqualify himself or herself upon determining that bias or conflict of interest exists. Grounds for disqualification of an ALJ shall include, but not be limited to:

Financial interest or pecuniary benefit derived from any result of a hearing;
Personal friendship with any of the parties, witnesses, or attorneys involved;
Past representation of any of the parties or witnesses involved; or
Demonstrable predisposition on the issues.

c) The moving party has the burden of proof to show actual prejudice by a preponderance of the evidence. If the motion to disqualify an ALJ is denied, the other ALJ shall set forth in writing the reasons for the denial and the original ALJ shall proceed with the hearing. The motion to disqualify the ALJ and the reasons for the denial of the motion are part of the administrative record in the appeal of a final administrative decision upon conclusion of the hearing.

20 Ill. Adm. Code 1790.530 Willfully Disobedient Conduct

a) Willfully Disobedient conduct at any hearing before the ALJ shall be grounds for exclusion from the hearing.

b) If a witness or a party refuses to answer a question after being directed to do so or refuses to obey an order to provide documents, the ALJ may make orders with regard to the refusal as are just and appropriate, including, but not limited to, excluding the testimony of witnesses, entering an order of default, entering an order that certain facts are deemed admitted for purpose of the proceeding, or entering an order denying the application or complaint of a party.

20 Ill. Adm. Code 1790.540 Victim Notice and Impact Statement

The Director shall cause written notification of the date, time, and place of the hearing to any individuals or entities that were affected by the respondent’s alleged misconduct, including to any person who submitted a Notice of Violation. An affected individual or entity shall be informed that they may attend the complaint hearing and shall be offered an opportunity to either provide oral testimony or a written statement about the impact of the misconduct that will become part of the official record of the proceedings.

20 Ill. Adm. Code 1790.545 Settlement Agreements

The ALJ may not change, amend, or modify a settlement agreement of the parties to the proceeding.

20 Ill. Adm. Code 1790.550 Conduct of Hearings

a) All hearings shall be open to the public unless required by statute to be otherwise.

b) The sequence to be followed for all cases is as follows:

Prehearing Conference. The purpose is to set a date on which all parties expect to be prepared to proceed with their cases, and to rule on any preliminary motions that are presented.
Hearings.

A) Preliminary Matters – Motions, attempts to narrow issues or limit evidence.

B) Opening Statements – The party bearing the burden of proof proceeds first.

C) Case in Chief – Evidence is presented by the party bearing the burden of proof. Once a witness' direct testimony is completed, that witness is subject to cross-examination and redirect.

D) Defense – Evidence may be presented by the opposing party in the same manner as the case in chief.

E) Closing Statements – The party bearing the burden of proof proceeds first, then the opposing party, then a final word by the party bearing the burden of proof.

c) After the hearing is concluded, the ALJ shall prepare a written decision, including findings of fact, conclusions of law, and recommended disposition to the Panel as provided in Section 1790.630.

d) Documents received pursuant to 50 ILCS 705/9.2 shall be submitted under seal and may not be publicly disclosed except as provided by law.

e) An attorney, licensed in Illinois, shall represent the Board in all hearings and be employed or retained by the Board.

20 Ill. Adm. Code 1790.560 Rules of Evidence

a) The Illinois Rules of Evidence shall apply to the extent practicable unless, by such application, the ALJ determines that application of the rule would be an injustice or preclude the introduction of evidence of the type commonly relied upon by a reasonably prudent person in the conduct of his or her affairs. The ALJ must state on the record his or her reasons for that determination. Any objection with respect to the conduct of the hearing, including any objection to the introduction of evidence, may be stated orally, accompanied by a short statement of the grounds for the objection, and included in the record. No objection shall be deemed waived by further participation in the hearing.

b) The ALJ may at any time on his or her own initiative, or on motion of any party or witness, enter a protective order, as justice requires, denying, limiting, conditioning, or regulating discovery to prevent unreasonable annoyance, expense, embarrassment, disadvantage, or oppression or to prevent exposure in the public domain of records or other information that is of a sensitive or confidential nature. As used in this subsection, "information that is of a sensitive or confidential nature" means information or facts expected and intended to be kept private or protected by an existing privilege in the Code of Civil Procedure.

c) The ALJ may, upon proper objection, exclude evidence that is irrelevant, immaterial, or unduly repetitious. Evidence may be presented in the form of testimony, exhibits, or stipulations. Testimonial evidence shall be taken only on oath or affirmation.

d) If the evidence is otherwise admissible pursuant to subsection (a):

evidence of any misconduct is admissible for its bearing on any matter to which it is relevant, including the officer's history of conduct as described in 50 ILCS 705/6.3(b); and
evidence from investigations shared by law enforcement agencies with the Board is admissible for its bearing on any matter to which it is relevant. Such information that the law enforcement agency must share with the Board that may be admissible includes, but is not limited to, information obtained by subpoena, witness interviews, and reports concerning the officer and investigation.

20 Ill. Adm. Code 1790.570 Official Notice

Official notice may be taken of any material fact not appearing in evidence in the record if the Circuit Courts of this State could take judicial notice of the fact. In addition, notice may be taken of generally recognized technical facts within the Board's specialized knowledge, such as the date that an officer was certified and training records. Parties shall be notified of the taking of official notice either before or during the hearing or by reference in preliminary reports or otherwise of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the facts noticed. The Board's expertise, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence.

20 Ill. Adm. Code 1790.580 Hostile or Adverse Witnesses

a) If the ALJ determines that a witness is hostile, unwilling, or adverse, he or she may be examined by the party calling him or her as if under cross-examination.

b) The party calling an occurrence witness, upon the showing that he or she called the witness in good faith and is surprised by his or her testimony, may impeach the witness by proof of prior inconsistent statements.

20 Ill. Adm. Code 1790.590 Documents

a) Business records are admissible in a hearing. A business record must be:

Relevant;
A memorandum, report, record, or data compilation;
Made by a person with first-hand knowledge of the facts or from information transmitted by a person with knowledge of those matters;
Made at or near the time of the facts;
Made as part of the regular practice of the activity; and
Kept in the course of regularly conducted activity.

b) Any party may prove elements (a)(3) through (a)(6) by presentation of a sworn statement by an individual responsible for making or keeping those records.

c) Any party seeking introduction of a document shall be allowed to offer a mechanical reproduction or photocopy of the original without any showing that the original is unavailable, upon representation of the party or attorney that the copy is a fair and accurate copy of the original.

20 Ill. Adm. Code 1790.600 Default

Failure of a party to appear at the hearing or failure to proceed as ordered by the ALJ shall constitute a default. The ALJ shall enter the appropriate default order and make his or her decision as provided in Section 1790.630; if the default occurred at a hearing, the ALJ shall make his or her decision after review of any evidence presented as provided in Section 1790.250.

20 Ill. Adm. Code 1790.610 Record in Cases

a) A full and complete record shall be kept of all proceedings. The record shall consist of the following:

All pleadings, motions, and briefs, including all notices and responses to those pleadings, motions, and briefs;
An electronic recording of all the proceedings in front of the ALJ, a transcript of the hearing under Section 1790.550(b)(2), and all evidence received, except that the ALJ may issue a protective order preventing public release of any recording, transcript, or evidence as provided in Section 1790.560(b). The Board shall furnish, upon request, one copy of an electronic recording of any proceeding and one copy of the transcript of the hearing under Section 1790.550(b)(2) at no charge to a non-Board complainant or respondent;
A statement of matters officially noticed;
Any offers of proof, objections to that proof, and rulings on that proof;
Any proposed findings and conclusions;
Any decision, opinion, or recommendations by the ALJ; and
Any ex parte communication prohibited by Section 10-60 of the IAPA, but those communications shall not form the basis for any finding of fact.

b) The record shall also contain the following:

Subpoenas;
Requests for Subpoenas;
Cover letters;
Notices of Filing;
Certificates of mailing for regular mail and return receipts for certified mail; and
Statements of objection filed pursuant to Section 1790.310(d).

c) The Board shall be the official custodian of the records of administrative hearings held by the Board.

20 Ill. Adm. Code 1790.620 Briefs

The ALJ may require or allow parties to submit written briefs to the ALJ within 15 days after the close of the hearing or other reasonable time as the ALJ shall determine. Briefs shall be limited to 15 pages, unless permission is granted by the ALJ.

20 Ill. Adm. Code 1790.630 Administrative Law Judge's Decision

a) No later than 60 days following the hearing, the ALJ shall issue a decision in writing and include findings of fact, conclusions of law, and recommended disposition to the Panel. The findings of fact shall be based exclusively on the evidence presented at hearing or known to all parties, including matters officially noticed. A copy of the recommendation shall be delivered or mailed to the Panel, each party of record, and to each attorney of record.

b) If the ALJ finds that no allegations supporting one or more charges of misconduct are proven by clear and convincing evidence, then the ALJ shall recommend to the Panel that the complaint be dismissed, recommend to the Panel reactivation of the officer, or recommend to the Panel that an emergency order of suspension be reversed or reduced. If the ALJ finds that the allegations supporting one or more charges of misconduct are proven by clear and convincing evidence, then the ALJ shall recommend decertification, recommend no reactivation, or sustain the emergency order of suspension.

20 Ill. Adm. Code 1790.645 Illinois Law Enforcement Certification Review Panel

a) Upon receipt of the ALJ's finding of fact, conclusions of law, and recommended disposition, and any submitted objections from the officer or Board, the Panel shall call for a certification review meeting or, after receiving the ALJ's decision on an emergency order of suspension, a meeting relating to the emergency order of suspension.

b) The Panel shall consider the hearing officer's findings of fact, conclusions of law, recommended disposition, and any submitted objections and may deliberate on all evidence and testimony received and may consider the weight and credibility to be given to the evidence received. No new or additional evidence may be presented to the Panel.

c) If a simple majority of the Panel finds that no allegations supporting one or more charges of misconduct are proven by clear and convincing evidence, then the Panel shall recommend to the Board that the complaint be dismissed, recommend to the Board reactivation of the officer, or reverse or reduce the emergency order of suspension. If a simple majority of the Panel finds that the allegations supporting one or more charges of misconduct are proven by clear and convincing evidence, then the Panel shall recommend decertification, recommend no reactivation, or sustain the emergency order of suspension.

d) The Panel shall prepare a summary report as soon as practicable after the completion of the meeting, but no later than 30 days following the certification review meeting or meeting relating to the emergency order of suspension. The summary report shall include the hearing officer's findings of fact, conclusions of law, recommended disposition, and the Panel's order.

e) The summary report of the Panel relating to an emergency order of suspension is a final decision and is not subject to Board approval or appeal to the Committee. (See 50 ILCS 705/8.3(d)). The Panel shall notify the law enforcement officer and employing agency within 7 days of the issuance of the summary report.

20 Ill. Adm. Code 1790.650 Final Action by the Board

Upon receipt of the Panel's order and recommendation relating to a complaint or a reactivation refusal and upon the Board, by majority vote, finding that no allegations supporting one or more charges of misconduct are proven by clear and convincing evidence, the Board shall order the complaint be dismissed or reactivation of the officer. If the Board, by majority vote, finds that the allegations supporting one or more charges of misconduct are proven by clear and convincing evidence, then the Board shall issue a final written decision confirming the decertification or denial of reactivation indicating the Board's reasoning for its decision. If the Board makes a final decision contrary to the recommendations of the Panel, the Board shall set forth a final written decision with specific reasons for not following the Panel's recommendations. A copy of the Board's final decision also shall be delivered to the last employing law enforcement agency, the complainant (if not the Board), and the Panel.

20 Ill. Adm. Code 1790.660 Reconsideration of Board's Decision

a) Within 30 days after service of the Board's final decision under Section 1790.650, the Panel or the law enforcement officer may file a written motion for reconsideration and supporting brief with the Review Committee. The motion for reconsideration shall specify the particular grounds for reconsideration.

b) The non-moving party may respond to the motion for reconsideration within 21 days. The Review Committee shall only address the issues raised by the parties.

c) Briefs. Each brief shall:

Set forth specifically the questions of procedure, fact, law or policy to which objection is made;
Identify that part of the ALJ's decision to which objection is made;
Designate by precise citation of page the portions of the record relied on;
Concisely state the grounds for the objection;
Be limited to 15 pages, except that a party may file a motion with the ALJ who presided over the hearing to allow additional pages in the party's motion for reconsideration to the Review Committee;
Include a specification of the questions involved and to be argued, together with a reference to the specific objections to which they relate; and
Include an argument, presenting clearly the points of fact and law relied on in support of the position taken on each question, with specific page reference to the record and the legal or other material relied on.

d) Any objection to a ruling, finding, conclusion, or recommendation that is not specifically stated shall be deemed to have been waived. Any brief in support of an objection that fails to comply with subsection (c) may be disregarded. Any brief in support of objections shall not refer to any matter not included within the scope of the objections and shall contain, in the recommendation indicated, a clear and concise statement of the case, containing all that is material to the consideration of the questions presented.

e) The answering brief to the objections shall be limited to the questions raised in the objections and in the brief in support of the objections. It shall present clearly the points of fact and law relied on in support of the position taken on each question. When objection has been taken to a factual finding of the ALJ and the objection is proposed to support that finding, the answering brief should specify those pages of the record that, in the view of the party filing the brief, support the ALJ's finding.

f) Requests for extension of time to file an answering brief to the motion for reconsideration shall be in writing and copies shall be served promptly on the other party.

g) Any matter not included in the motion for reconsideration may not thereafter be raised to the Review Committee or in any further proceeding and is deemed waived in all related proceedings before the Board.

h) The Review Committee may deny the motion for reconsideration, or it may grant the motion in whole or in part and issue a new final decision in the matter. In either case, the Review Committee must indicate the Review Committee's reasoning for its decision. The Review Committee must notify the law enforcement officer and their last employing law enforcement agency within 14 days of a denial and state the reasons for denial.

20 Ill. Adm. Code 1790.665 Written Materials of Hearing Process

The Board shall develop and publish written materials for law enforcement agencies and officers to explain the rights and processes related to this Part.

20 Ill. Adm. Code 1790.670 Judicial Review

a) Actions for judicial review under this Part shall be filed where the hearing proceedings took place, which is in the circuit court of either Cook County or Sangamon County.

b) For decisions relating to decertification or denials of reactivation, the Board's final decision, or the decision of the Review Committee if timely appealed, is the final administrative decision. For decisions relating to emergency orders of suspension, the Panel’s summary report is the final administrative decision.

Chapter VI Illinois Motor Vehicle Theft Prevention Council

Part 1800 Trust Fund Collection Rules

20 Ill. Adm. Code 1800.10 Purpose and Authorization

These rules establish procedures for the collection of money due from insurers of private passenger motor vehicles for each calendar year to be deposited in the Motor Vehicle Theft Prevention Trust Fund as authorized by the Illinois Motor Vehicle Theft Prevention Act [20 ILCS 4005] (the Act).

20 Ill. Adm. Code 1800.20 Definitions

"The Act" – The term "the Act" means the Illinois Motor Vehicle Theft Prevention Act [20 ILCS 4005].

"Authority" – The term "Authority" means the Illinois Criminal Justice Information Authority.

"Council" – The term "Council" means the Illinois Motor Vehicle Theft Prevention Council.

"Department" – The term "Department" means the Illinois Department of Insurance.

"Earned car year" – The term "earned car year" means the proportion of a calendar year during which a private passenger motor vehicle can be identified as being insured for physical damage insurance coverage.

"Physical damage insurance coverage" – The term "physical damage insurance coverage" means motor vehicle insurance provided for theft and/or comprehensive coverage.

"Private passenger motor vehicle" – The term "private passenger motor vehicle" includes any private passenger car, station wagon, jeep, or pickup truck with a load capacity of 1,500 pounds or less not used principally for business purposes, and small farm trucks.

This term includes, but is not limited to, jeeps, pick-up trucks, mini-vans, vans and conversion vans.

The term excludes uninsured motor vehicles, motorcycles, motor homes, motor scooters, golf carts, off-road recreational vehicles, all terrain vehicles, off highway motorcycles, street cars and special mobile equipment as defined under Chapter 1 of the Illinois Vehicle Code [625 ILCS 5/Ch.1].

"Total earned car years" – The term "total earned car years" is the sum of an insurer's earned car years of exposure for the calendar year, rounded to the nearest whole dollar. By way of examples, for purposes of calculating the amount to be remitted by insurers to the Council, a private passenger motor vehicle insured for physical damage insurance coverage for three (3) months during a calendar year would constitute 0.25 total earned car years and would be assessed $.25 ($1.00 x .25); and four (4) private passenger motor vehicles insured for six (6) months each during the calendar year would constitute the sum of two (2) total earned car years and would be assessed a fee of $2.00.

20 Ill. Adm. Code 1800.30 Collection Process

Money to be deposited by the Council into the Motor Vehicle Theft Prevention Trust Fund shall be collected from insurers by the Council in the following manner:

a) By March 1 of each calendar year, the Council shall send correspondence to all insurers authorized to write private passenger motor vehicle physical damage insurance coverages which are included in Class 2 and Class 3 as defined by Section 4 of the Illinois Insurance Code [215 ILCS 5/4] during the preceding calendar year. The names and addresses of such insurers shall be identified by the Department and shall be provided to the Council by February 1 of each calendar year.

b) The correspondence will advise these insurers that, pursuant to the Act, they are required to submit to the Council by April 1 of the appropriate year an amount equal to $1.00 multiplied by the insurer's total earned car years of private passenger motor vehicle insurance policies providing physical damage insurance coverage, as defined herein, written in the State during the preceding calendar year.

c) The correspondence shall include a worksheet which shall be returned with the correct remittance, if applicable. If an insurer owes no money pursuant to the Act, that fact must be noted on the worksheet returned to the Council. Such worksheet shall require the insurer to report the following information: insurer company's name, address, phone number and Federal taxpayer identification number; total earned car years of exposure for the preceding calendar year; the total fee due; the name, title and phone number of the person completing the worksheet; the person's signature; and the date.

d) Any remittance due shall be returned to the Council by April 1 of the appropriate year and shall be in the form of a certified or corporate check made payable to: "TREASURER, STATE OF ILLINOIS". The remittance shall be sent to:

Illinois Motor Vehicle Theft Prevention Council

c/o Illinois Criminal Justice Information Authority

120 South Riverside Plaza, Suite 1016

Chicago, Illinois 60606-3997

Attention: Chief Fiscal Officer

e) Upon receipt by the Council of the remittance due, the money shall be deposited into the Illinois Motor Vehicle Theft Prevention Trust Fund.

f) On or before April 15 of each year, the Council shall provide the Department with a report indicating the insurers that returned the worksheet required in Section 1800.30 on time (April 1); the amount of funds, if any, contributed; and the insurers that did not return the worksheet or that returned the worksheet late.

20 Ill. Adm. Code 1800.40 Public Inquiries

All inquiries pertaining to the collection process should be directed to:

Program Director

Illinois Motor Vehicle Theft Prevention Council

c/o Illinois Criminal Justice Information Authority

120 South Riverside Plaza, Suite 1016

Chicago, Illinois 60606-3997

(312) 793-8550

TDD: (312) 793-4170

Part 1810 Rules for the Award and Monitoring of Trust Funds

20 Ill. Adm. Code 1810.100 Applicability

The rules contained in this Part are applicable to Illinois Motor Vehicle Theft Prevention Council provision of financial support to eligible recipients to improve and support the administration of motor vehicle theft laws in Illinois.

20 Ill. Adm. Code 1810.110 Definitions

"Act" – the Illinois Motor Vehicle Theft Prevention Act [20 ILCS 4005].

"Adverse Action" – any or all of the following:

The suspension by the Executive Director of the performance of an award agreement for more than twenty-eight (28) calendar days aggregated within a twelve (12) month period, exclusive of any period of extension that may be granted;

The termination of an award agreement by the Executive Director;

The denial by the Executive Director of a request for a material revision to an award agreement.

"Authority" – the Illinois Criminal Justice Information Authority.

"Award" – financial support in the form of money, property, or services made available by the Council to an eligible recipient through the use of Illinois Motor Vehicle Theft Prevention Trust Funds.

"Award Agreement" – the award contract between the Council and an implementing entity whereby the Council provides financial support to carry out specified programs, services, or activities pursuant to the Act.

"Business Organization" – any business entity or association of business entities duly authorized to conduct business in the State of Illinois.

"Chairman" – the Chairman of the Illinois Motor Vehicle Theft Prevention Council.

"Council" – the Illinois Motor Vehicle Theft Prevention Council.

"Eligible Recipient" – A federal or State agency, unit of local government, corporation, neighborhood, community, or business organization entitled to receive Illinois Motor Vehicle Theft Prevention Trust Funds pursuant to the Act.

"Executive Director" – the Executive Director of the Illinois Criminal Justice Information Authority.

"Expendable Property" – tangible property other than nonexpendable property.

"Grant Review Committee" – the Grant Review Committee of the Illinois Motor Vehicle Theft Prevention Council.

"Implementing Entity" – the party seeking or designated to receive funds awarded by the Council pursuant to this Part.

"Nonexpendable Property" – tangible property having a useful life of more than one (1) year and an acquisition cost of $300 or more per unit.

"Property" – property of any kind including real property. It may be tangible (having physical existence) or intangible (having no physical existence, such as patents, inventions, or copyrights).

"Trust Funds" – funds from the Illinois Motor Vehicle Theft Prevention Trust Fund established by the Act.

20 Ill. Adm. Code 1810.200 Eligible Recipients

a) Consistent with the Act, Awards can be made to federal and State agencies, units of local government, corporations, and neighborhood, community, and business organizations.

b) To be eligible for an award under the Act, nongovernmental recipients must provide the Council, along with a program proposal, either of the following:

Proof of nonprofit status by presenting all of the following, when applicable:

A) A reference to the applicant organization's listing in the Internal Revenue Service's most recent list of tax-exempt organizations described in the Internal Revenue Code, Title 26 U.S.C.A. 501(c);

B) A copy of a currently valid Internal Revenue Service tax exemption letter;

C) A statement from the Illinois Department of Revenue, the Illinois Secretary of State, or the Illinois Attorney General certifying that the applicant organization has a current nonprofit status; and

D) A certified copy of the organization's certificate of incorporation filed with the Illinois Secretary of State that clearly establishes nonprofit status, and a copy of the most recent annual report required by the Illinois Attorney General or Secretary of State; or

Proof of authorized business activity in the State of Illinois by presenting:

A) A certified copy of a certificate of incorporation or other appropriate and necessary authorization to conduct business in Illinois filed with the State of Illinois or a unit of local government;

B) A taxpayer identification number; and

C) When applicable, a copy of any annual report required by law for the most recent year.

c) The Council may require additional documentation to verify the legitimacy of a nongovernmental recipient. Such documentation may include, but is not limited to:

Any brochures or publications explaining the activities of the organization;
A copy of the recipient's Articles of Incorporation;
A copy of the recipient's By-laws; and
A copy of the recipient's Partnership Agreement.

20 Ill. Adm. Code 1810.210 Eligible Programs and Activities

The following programs and activities are eligible for funding:

a) Programs designed to reduce motor vehicle theft or to improve the administration of motor vehicle theft laws;

b) Programs designed to inform vehicle owners about the financial and social costs of motor vehicle theft and to suggest to those owners methods for preventing motor vehicle theft; and

c) Programs, plans, activities, strategies, and projects consistent with the purposes of the Act.

20 Ill. Adm. Code 1810.220 Award Process

a) The Council will annually review the eligible purposes for the Trust Funds, and, based upon an analysis of statistical data, empirical material, and the needs and requests of federal and State agencies, units of local government, corporations and neighborhood, community, or business organizations made pursuant to oral and written comment and testimony received at public meetings conducted pursuant to the Open Meetings Act [5 ILCS 120], shall develop and approve a statewide motor vehicle theft prevention strategy.

b) The statewide strategy shall include:

An overview of the motor vehicle theft problem in Illinois including discussions of the nature and extent of the problem, current efforts to address the problem, resource needs, and areas of greatest need within the State; and
A description of the strategy for addressing the problem including the identification of eligible program areas.

c) Consistent with the statewide strategy, the Council shall solicit and negotiate program proposals from eligible recipients.

d) The Council shall give priority to those eligible recipients with the greatest need. To that end, and based upon the statewide strategy, the following criteria shall be used to identify those eligible recipients with the greatest need:

An analysis of demographic, insurance, and appropriate criminal justice data;
Comments from the general public, federal, State, and local officials; and
Current research findings.

e) The Council shall, at a public meeting, designate programs, implementing entities, and amounts of funding that address one or more of the purposes consistent with the Act and the statewide strategy. The Council's decision to designate these proposed programs, implementing entities, and fund amounts shall be based upon equal consideration of the following factors:

The recommendations of the Executive Director;
Comments from the general public, federal, State and local officials;
The proven effectiveness of a similar program, by making a prudent assessment of the problem to be addressed by the proposed program;
The likelihood that a proposed program will achieve the desired objectives, by making a prudent assessment of the concepts and implementation plans included in a proposed program and by the results of any evaluations, previous tests, or demonstrations;
The availability of funds;
The overall cost of the proposed program;
The implementing entity's ability to effectively and efficiently carry out the program; and
The relation of the proposed program to and impact on other agencies, proposals or funded programs.

f) The Council shall direct the Executive Director to enter into award agreements on behalf of the Council with those implementing entities designated by the Council pursuant to subsection (e) above, specifying the terms and conditions under which the programs, services, or activities are to be conducted and the Trust Funds are to be received.

g) If the Council or the Authority is the designated implementing entity, then the Executive Director shall document such terms and conditions, which, to become effective, must be accepted in writing by the Chairman or the Chairman of the Authority.

20 Ill. Adm. Code 1810.230 Award Document

The award document is the award agreement. It provides the basis for Council financial support to the implementing entity. The agreement shall incorporate the program proposal and budget, and, when fully executed, shall formalize the contractual relationship between the Council and implementing entity. The agreement shall also specify the terms and conditions of the award including, but not limited to, reporting requirements that reflect fiscal expenditures and progress toward program objectives, compliance with applicable laws and regulations, the prohibition of subcontracting or assignment of agreements without prior written approval of the Council, and the status of the implementing entity as an independent contractor.

20 Ill. Adm. Code 1810.240 Special Conditions

a) Special conditions shall be imposed by the Council to accomplish the purposes of the Act if the Council has need to impose such conditions in order to fulfill its duties, agreements with other entities, or reasonably deems such to be in the best interests of the people of the State of Illinois.

b) Special conditions that are imposed at the time of the award will be included in the award agreement.

20 Ill. Adm. Code 1810.250 Modification or Amendment of the Award Agreement

a) Revisions or amendments to an award agreement shall begin on the effective date of the amendment and may be retroactive to a date agreed upon by the implementing entity and the Council.

b) Except as provided in Section 1810.240 of this Subpart, no alteration, variation, modification, termination, addition to, or attempted waiver of any of the provisions of an award agreement shall be valid or binding unless in writing, dated, and signed by the parties, and attached to the original agreement. The parties shall agree to renegotiate, modify, or amend the award agreement should federal or State law or regulations require alteration of the award agreement.

20 Ill. Adm. Code 1810.300 Requests for Programmatic or Budget Revisions

a) Requests for programmatic or budget revisions shall be in writing and addressed to the Executive Director.

b) Response to the request shall be in writing and signed by the Executive Director or a designee and mailed within two weeks after receipt of the recipient's request.

c) The Executive Director shall approve any revision to an award agreement if such action is necessary to fulfill the terms of the agreement.

d) Material revisions shall be reported to the Council members at or before the next Council meeting. However, if a request by an implementing entity for a material revision to an award agreement is denied by the Executive Director, written notice of such denial shall be submitted to the implementing entity and members of the Council as soon as possible, but no more than seven calendar days after such denial.

20 Ill. Adm. Code 1810.400 Non-Supplanting

Illinois Motor Vehicle Theft Prevention Trust Funds are intended to increase the amount of revenue available to eligible recipients for specified activities. The Trust Funds may not be used to supplant other funds allocated or budgeted for such activities. Every recipient of Trust Funds must maintain a level of financial support for activities exclusive of any Trust Funds and capital expenditures that is equal to or greater than the level existing prior to the receipt of the Trust Funds.

20 Ill. Adm. Code 1810.410 Personnel Administration

The personnel policies and procedures of an implementing entity shall be set forth in writing and be available for review by the Council. They shall reflect sound and prudent business judgement, and comply with all applicable State and federal laws and regulations.

20 Ill. Adm. Code 1810.420 Procurement Standards

All procurement transactions shall be conducted by the implementing entity in a manner to provide, to the maximum extent practicable, open and free competition. Implementing entities may use their own procurement regulations which reflect applicable State and local law, rules, and regulations, provided that all procurements made with Trust Funds minimally adhere to the Illinois State Purchasing Act [30 ILCS 505].

20 Ill. Adm. Code 1810.430 Project Income

a) Project Income shall consist of all gross income (including the acquisition of forfeited property and assets) earned by the implementing entity during the award agreement period as a direct result of the award of Trust Funds, regardless of when the income is realized. "Direct result" shall be determined by the Executive Director and means a specific act or set of activities that are directly attributable to Trust Funds and which are directly related to the goals and objectives of the funded project. All project income earned during the award agreement period shall, regardless of when the income is realized, be retained by the implementing entity, and, in accordance with the agreement and with the prior approval of the Council, shall be added to the Trust Funds committed to the project by the Council and implementing entity and be used only to further eligible program goals or objectives.

b) Implementing entities shall account for all project income. Project income shall be reported in the fiscal reports required under Subpart G of this Part.

20 Ill. Adm. Code 1810.440 Publicity and Publications

Any publication of the results or accomplishments of any Council-funded activity or program shall clearly state:

a) the percentage of the total cost of the program or project financed with Trust Funds;

b) the dollar amount of Trust Funds awarded for the project or program; and

c) the following or a comparable acknowledgement:

"This project was supported by a grant from the Illinois Motor Vehicle Theft Prevention Council. The opinions and views expressed in this report are not necessarily those of the State of Illinois or the Illinois Motor Vehicle Theft Prevention Council."

All implementing entities shall make this statement when issuing press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Trust Funds.

20 Ill. Adm. Code 1810.500 Applicable Legal Guidelines

The Council and all implementing entities shall operate in conformance with the following State laws and any rules, regulations and guidelines issued pursuant thereto: the Illinois Motor Vehicle Theft Prevention Act [20 ILCS 4005]; the Illinois Grant Funds Recovery Act [30 ILCS 705]; the Illinois Purchasing Act [30 ILCS 505]; the Drug Free Workplace Act [30 ILCS 505]; and the State Comptroller Act [15 ILCS 405].

20 Ill. Adm. Code 1810.510 Trust Fund Disbursements

a) Cash Advances. Implementing entities shall normally be reimbursed for expenses incurred upon submission of a monthly fiscal report. The Council recognizes that in some instances the implementing entity may not possess sufficient resources to support the program described in the award agreement on a reimbursable basis and that individual programs may require substantial start-up costs. Consequently, implementing entities may request a cash advance to cover the initial period of the agreement. Such requests must be in writing to the Executive Director within 30 days prior to the anticipated start date of the funded program and should include the purpose of the proposed expenditure and the reasons necessitating the advance.

b) Expenditure Reimbursements. Disbursement of Trust Funds shall be made on the basis of expenses and obligations reported on a monthly fiscal report. Obligations reported on the Fiscal Report will be disbursed only if the payment is to be liquidated within 30 calendar days after receipt of the State warrant. This report shall be submitted monthly unless otherwise specified in the award agreement. Requests for disbursement of Trust Funds made on fiscal reports that are submitted later than the specified deadline will be paid at the discretion of the Council. Requests for final reimbursement must be received by the Council no later than 45 calendar days after the termination of the agreement.

c) Timing of Disbursement. Implementing entities should anticipate a delay of approximately 4-6 weeks from the submission of the request for disbursement until the receipt of the State warrant. Implementing entities should consider this delay when calculating the disbursal request by projecting which obligations will need to be liquidated upon receipt of the State warrant.

d) Final Disbursement. The final disbursement of Trust Funds shall be made on the basis of expenditures reported in the final financial status report. This disbursement shall be made on the basis of total agreement costs and shall not be made until the implementing entity has satisfied any applicable match requirements of the award agreement. Should the implementing entity fail to meet the match required in the agreement, an appropriate adjustment shall be made in the final disbursement.

20 Ill. Adm. Code 1810.520 Cash Balances

Implementing entities shall request only the minimum amounts of cash necessary to pay their bills in a timely fashion. The Council reserves the prerogative to adjust cash requests on the basis of reported expenditures and cash balance. If the implementing entity anticipates an inordinate expenditure of implementing entity funds during a particular period, this expense should be explained on the monthly fiscal report.

20 Ill. Adm. Code 1810.530 Allowable Costs

Trust Funds may be used for costs which are directly attributable to, necessary for, and essential to, the program as evidenced by the award agreement except for those costs enumerated in Section 1810.540. However, the use of Trust Funds for the following costs requires prior written approval by the Council before such costs shall be deemed allowable:

a) Expenditures incurred before or after the program period;

b) Office space rental;

c) Office equipment purchase or rental costs for desks, chairs, tables, file cabinets, book shelves, typewriters, electronic data processing equipment, or adding machines;

d) Construction or remodeling costs;

e) Liens;

f) Audit costs, pursuant to Section 1810.910;

g) Buy money.

20 Ill. Adm. Code 1810.540 Unallowable Costs

Trust Funds may not be used for the following expenditures:

a) Liability insurance;

b) Professional memberships/dues;

c) First class travel;

d) Entertainment;

e) Expenditures in excess of approved budget;

f) Bad debts;

g) Fines and penalties;

h) Contributions and donations;

i) Premium items and souvenirs;

j) Lobbying.

20 Ill. Adm. Code 1810.550 Indirect Costs

The Council shall not provide implementing entities funds for the indirect costs of an award agreement. The intent of this policy is to achieve broader and more concentrated application of Trust Funds to direct program costs and funded activities.

20 Ill. Adm. Code 1810.600 Financial Records

All recipients of Trust Funds from the Council must maintain:

a) Records which fully disclose the total cost of the project for which the Trust Funds were awarded;

b) Records which fully disclose the disposition of all Trust Funds for the project, including a current property inventory;

c) Records which fully disclose the amount of money supplied to the project by sources other than the Council; and

d) Any other records requested by the Council to facilitate an effective audit.

These records shall be the basis for monthly fiscal reports submitted by the recipient of funds to the Council. They shall also be subject to review by Council staff during site visits.

20 Ill. Adm. Code 1810.610 Program Records

Every recipient of Trust Funds from the Council must maintain records which document the programmatic activities performed pursuant to the award agreement. These records shall be the basis for monthly program performance reports submitted by the recipient of funds to the Council. They shall also be subject to review by Council staff during site visits.

20 Ill. Adm. Code 1810.620 Retention and Access Requirements for Records

All financial and program records, supporting documents and all other books and records pertaining to and required to be maintained by the terms of any Council award shall be maintained and retained by the implementing entity for a period of five years after conclusion or termination of the grant to allow for audit by the Council, the State of Illinois, the federal government, and any person duly authorized by the Council. Records shall be retained beyond the five year period if an audit is in progress or if the findings of a completed audit and if any claim, litigation or other action begun before the expiration of the five year period have not been resolved satisfactorily. If any of these preceding conditions occurs, then the records shall be retained until the audit is completed or the matters at issue are resolved.

20 Ill. Adm. Code 1810.700 Fiscal Reports

Implementing entities shall submit monthly fiscal reports to the Council detailing program expenditures in a form and manner required by the Council.

20 Ill. Adm. Code 1810.710 Program Performance Reports

Implementing entities shall submit monthly performance reports to the Council detailing achievement relative to the performance measures contained in the award document in a form and manner required by the Council.

20 Ill. Adm. Code 1810.720 Due Dates of Reports

Monthly fiscal reports and program performance reports are due on or before the (15th) fifteenth of the following month.

20 Ill. Adm. Code 1810.730 Final Program Report

Upon termination of the award agreement, the implementing entity shall submit to the Council, within 60 days and in the form and manner required by the Council, a final program report consisting of the following:

a) Final financial status report;

b) Final program performance report;

c) Property inventory report; and

d) Any other information or documentation pursuant to terms or special conditions specified in the award agreement or as otherwise required by the Council.

20 Ill. Adm. Code 1810.800 Requirements for Use and Disposition of Property

a) Property acquired by an implementing entity wholly or in part with Trust Funds shall, consistent with the law and subject to the Council's approval, be used and managed to ensure that the property is used for purposes consistent with the Act. Title to the property will not be taken by the Council, but shall be vested in the implementing entity subject to the following restrictions on use and disposition of the property:

Use by an Implementing Entity. The implementing entity shall retain and use the property acquired with Trust Funds as long as there is a need for the property to accomplish the purpose of the program, whether or not the program continues to be supported by Trust Funds.
Disposition by a State Implementing Entity. If it is determined that a need still exists but the property originally acquired by a State agency to accomplish the purpose of the program is no longer capable of fulfilling this need or is no longer needed to accomplish the purpose of the program and must be sold, traded in or replaced, the State agency must notify the Council in writing of its proposed plans to dispose of the property 30 calendar days prior to selling, trading-in or replacing the property in conformance with requirements of the State Property Control Act [30 ILCS 605] and rules issued pursuant thereto. Replacement property shall be used to further purposes of the program. The Executive Director on behalf of the Council shall, upon receiving notice of the proposed disposition plans, inform the Director of the Department of Central Management Services as to the need for the property to accomplish the purpose of the program or the Act by another implementing entity and make appropriate recommendations as to the disposition of the property.
Disposition by an Implementing Entity other than a State Agency.

A) If it is determined that a need still exists but the property originally acquired by an implementing entity other than a State agency to accomplish the purpose of the program is no longer capable of fulfilling this need and must be traded-in or replaced, the implementing entity other than a State agency may use the property as a trade-in or may sell the property and use the proceeds to offset the cost of replacing the property, provided, for property with a value in excess of $1000, it notifies the Council in writing of its proposed plans to dispose of the property 30 calendar days prior to selling, trading-in or replacing the property and obtains the approval of the Executive Director on behalf of the Council. Replacement property shall be used to further purposes of the program.

B) When an implementing entity other than a State agency no longer needs the property to accomplish the purpose of the program, and the value of the property exceeds $1000, it shall notify the Council and request disposition instructions. The Council reserves the right to make a final determination whether the property is needed to accomplish the purpose of the program and to take possession and control of the property or to transfer or assign the property to any other implementing entity that has a need or use for the property.

C) If, at the expiration of the need for funded purposes, the total inventory of any unused expendable personal property exceeds $500 in value, the implementing entity other than a State agency may, with the approval of the Executive Director, retain the property or sell the property as long as the implementing entity compensates the Council for its share of the cost. However, if the value of the property is less than $500, the implementing entity other than a State agency may sell or dispose of the property in accordance with its own procedures without compensating the Council, provided it notifies the Council within seven calendar days of the transaction.

b) Property records shall include a current property inventory report which is updated as property is acquired or disposed of. Property records shall be maintained accurately and provide for: a description of the property; manufacturers serial number or other identification number; acquisition date and cost; source of property; percentage of Trust Funds used in the purchase of property; location, use, and condition of the property; and ultimate disposition information.

c) The property inventory report shall be updated by the implementing entity as property is acquired and maintained accordingly. In addition, a complete physical inventory of property shall be taken and the results reconciled with the property records at least annually to verify existence, current use, and continued need for the property.

d) The implementing entity shall employ a property control system to insure adequate safeguards to prevent loss, damage, or theft to the property. Any loss, damage, or theft of nonexpendable property shall be investigated and fully documented. Any loss, damage, or theft of items purchased with Trust Funds in excess of $500 shall be reported to the Executive Director within seven calendar days after the loss, damage, or theft.

e) The implementing entity shall employ adequate maintenance procedures to keep the property in good condition.

f) If the implementing entity is authorized or required by the Council to sell the property, proper sale procedures shall be established for unneeded property which would provide for competition to the extent practicable and result in the highest possible return.

g) Specific standards for control of intangible property are provided as follows:

If any program produces processes or inventions that could result in patents or patent rights, in the course of work aided by a Council-funded program, such fact shall be promptly and fully reported to the Executive Director, who shall determine whether protection of such invention or discovery shall be sought and how the rights in the invention or discovery (including rights under any patent issued thereon) shall be allocated and administered in order to protect the public interest.
Where the award agreement results in a book or other material which could be copyrighted, the author or implementing entity is free to copyright the work, but the Council reserves a royalty-free, nonexclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, the work for government purposes.

h) Records for property acquired with Trust Funds shall be retained for five years after the final disposition of the property.

20 Ill. Adm. Code 1810.900 Site Visits

Council staff shall be responsible for monitoring program performance. Site visits of each funded program will be conducted on at least an annual basis. Site visits shall, at a minimum, include examinations of financial and program records.

20 Ill. Adm. Code 1810.910 Audits

Implementing entities shall be responsible for the performance of an independent audit of the fiscal policies, procedures, and practices employed in connection with the awarded program. With the prior written approval of the Council, awarded funds may be used by the implementing entity for this purpose.

20 Ill. Adm. Code 1810.1000 Suspension

Notwithstanding Section 1810.1010 below, the Executive Director shall suspend performance of any award agreement for a period not to exceed 28 calendar days when there has been a determination of noncompliance with any State or federal statute, rule or regulation, or with guidelines specified in the award agreement. The Executive Director shall reinstate performance of an agreement that has been so suspended if the noncompliance is corrected within 28 calendar days from the date of suspension. However, notwithstanding Section 1810.1010 below, an award agreement, for which performance has been suspended, shall be terminated by the Executive Director if performance of the award agreement is not reinstated within 28 calendar days from its suspension. Written notice of all such actions by the Executive Director shall be submitted to the implementing entity and members of the Council as soon as possible, but within seven calendar days.

20 Ill. Adm. Code 1810.1010 Extension

Upon the request of an implementing entity, the Executive Director shall extend the length of time performance of an award agreement may be suspended beyond 28 calendar days for an additional period not to exceed 14 calendar days, if the noncompliance for which performance of the agreement was suspended can be corrected within such extension period and such correction would result in fulfillment of the terms of the agreement. Such an extension shall be granted by the Executive Director only with the consent of the Chairman of the Council. Since an extension granted by the Executive Director pursuant to this subsection is initiated by the implementing entity, it shall not be deemed an adverse action under these rules. However, an award agreement, for which the period of suspended performance has been extended pursuant to this subsection, shall be terminated by the Executive Director if performance of the award agreement has not been reinstated by the Executive Director before the extension period has expired. Such termination may then be appealed as provided in this Part. Written notice of all such actions by the Executive Director shall be submitted to the implementing entity and members of the Council as soon as possible, but within seven calendar days.

20 Ill. Adm. Code 1810.1020 Termination

The Executive Director shall immediately terminate any award agreement for any reason of noncompliance specified in Section 1810.1000 above, if performance of the agreement has been suspended on at least one prior occasion or if such noncompliance cannot be corrected by the implementing entity within 28 calendar days from the date of suspension. Written notice of such termination by the Executive Director shall be submitted to the implementing entity and members of the Council as soon as possible, but within seven calendar days.

20 Ill. Adm. Code 1810.1100 Applicable Legal Guidelines

The appeals procedures of the Council shall be subject to the provisions of Article 10 of the Illinois Administrative Procedure Act [5 ILCS 100/Art. 10].

20 Ill. Adm. Code 1810.1110 Appeal Procedures

a) An implementing entity may appeal any adverse action by writing to the Council within 14 calendar days from the date the notice of the adverse action is mailed to the implementing entity. This written appeal shall contain specific reasons stating why the action taken by the Executive Director should be modified and the action requested of the Council, and shall be signed and dated by the implementing entity's authorized official.

b) If no timely appeal is taken from an adverse action, such action of the Executive Director will be deemed the final action of the Council, and Council members shall be notified by telephone, mail, or equivalent written means within seven calendar days of the action of the Executive Director or before the next Council meeting, whichever is sooner.

c) When an appeal is timely filed, the Chairman of the Council shall arrange for the Council to hear and decide the appeal within 49 calendar days after the receipt of the written appeal. The implementing entity shall have the right to appear before the Council and to present oral or written testimony, to be represented at the hearing by counsel, and shall be notified of the hearing date at least seven calendar days prior to the hearing.

d) At the hearing, the Council shall consider the written appeal to the adverse action submitted pursuant to subsection (b) above, any written or oral response to that appeal by Council staff, and any testimony given by the implementing entity or Council staff to questions posed by Council members.

e) The Council shall render a decision on the appeal before adjourning the hearing.

Chapter VII Sex Offender Management Board

Part 1905 Adult Sex Offender Evaluation and Treatment

20 Ill. Adm. Code 1905.10 Purpose and Scope

Effective January 1, 2004, the Sex Offender Management Board Act [20 ILCS 4026] and various other statutes provide for the evaluation and/or treatment of convicted sex offenders, in conformance with standards adopted by the Sex Offender Management Board. It establishes standards for conducting evaluations of, and providing treatment to, adult sex offenders in all circumstances in which conformance with Board standards is required.

20 Ill. Adm. Code 1905.20 Definitions

In this Part, the terms "Board", "sex offender", "sex offense", "management", and "sexually motivated" have the meanings ascribed to them in Section 10 of the Act. In addition, the following definitions apply:

"Act": Sex Offender Management Board Act [20 ILCS 4026].

"Case management": The coordination and implementation of the cluster of activities directed toward supervising, treating and managing the behavior of individual sex offenders.

"Evaluation": The systematic collection and analysis of psychological, behavioral and social information; the process by which information is gathered, analyzed and documented.

"Informed assent": Compliance; a declaration of willingness to do something in compliance with a request; acquiescence; agreement. The use of the term "assent" rather than "consent" in this Part recognizes that sex offenders are not voluntary clients and that their choices are therefore more limited. "Informed" means that a person's assent is based on a full disclosure of the facts needed to make the decision intelligently; e.g., knowledge of risks involved, alternatives.

"Informed consent": "Consent" means voluntary agreement or approval to do something in compliance with a request. "Informed" means that a person's consent is based on a full disclosure of the facts needed to make the decision intelligently; e.g., knowledge of risks involved, alternatives.

"Parole": Parole or mandatory supervised release.

"Polygraph": The employment of instrumentation, as defined by the Illinois Detection of Deception Examiners Act [225 ILCS 430], used for the purpose of detecting deception or verifying truth of statements of a person under criminal justice supervision and/or treatment for the commission of sex offenses. A clinical polygraph examination is specifically intended to assist in the treatment and supervision of convicted sex offenders. Clinical polygraphs include specific-issue, disclosure and periodic or maintenance examinations. Clinical polygraphs may also be referred to as post-conviction polygraphs.

"Professional license": A license issued by a State governmental body to practice a particular health or mental health profession.

"Sex offense specific": Relating to the problem of sexual offense behavior.

"Supervising officer": The probation officer, parole agent or conditional release staff responsible for the behavioral monitoring of sex offenders. In addition, any person employed by the Department of Human Services (DHS) or by an entity that contracted with DHS to supervise sexually violent persons on conditional release.

"Treatment": Sexual abuser-specific treatment is designed to assist clients with effectively managing thoughts, fantasies, feelings, attitudes and behaviors associated with their potential to sexually abuse or their risk for sexual re-offense and to develop a prosocial lifestyle that is inconsistent with offending.

20 Ill. Adm. Code 1905.30 Provider Qualifications

Only individuals licensed as Sex Offender Therapists, Sex Offender Evaluators or Associate Providers by the Illinois Department of Professional and Financial Regulation (DFPR) are approved to conduct the evaluation and treatment services described in the following Sections.

20 Ill. Adm. Code 1905.40 Assessments

a) Licensed evaluators conduct sexual abuser-specific assessments to promote informed decision making among stakeholders who share responsibility for treatment, risk management and other domains of intervention. Empirically informed and reliable sexual abuser-specific assessments can be used, for example, to inform:

Sentencing and other legal decisions;
Treatment planning and progress;
Release decision making;
Transition and reentry planning; and
Supervision and other case management planning.

b) Sexual abuser-specific assessments are most reliable and beneficial when evaluators adhere to ethical practice, incorporate multiple sources of information, use research-supported methodologies, and strive to engage clients in the assessment process. Furthermore, these assessments are most effective for guiding decision making, maximizing public safety, and promoting successful client outcomes when conducted within the evidence-based risk, need and responsivity framework.

c) Because risk, needs and other circumstances change over time, assessments of sexual abusers are ongoing processes, not a single event. Research-informed tools that include dynamic risk factors specific to adult sexual abusers are important for obtaining a more accurate understanding of the current risk and intervention needs of a given individual and for informing adjustments to interventions accordingly.

20 Ill. Adm. Code 1905.50 Assessment Guidelines

a) Licensed evaluators shall conduct objective, impartial and reliable sexual abuser-specific assessments that support well-informed decision making and maintain the credibility and integrity of the profession.

Evaluators conduct sexual abuser-specific assessments in accordance with any additional ethical standards, codes, laws or other expectations for the respective profession or discipline of practice. This includes ethical standards pertaining to, but not limited to, the following:

A) Informed consent;

B) Specialized training, knowledge, expertise and scope of practice;

C) Documentation and retention of records;

D) Currency of research;

E) Confidentiality;

F) Professional relationships; and

G) Conduct.

Evaluators:

A) explore and disclose any conflicts of interest or other issues that may interfere with their ability to provide an objective, fair and impartial assessment; and

B) refer the potential client to another clinician or agency if the assessment process and findings will be compromised by those factors.

Evaluators conducting sexual abuser-specific assessments:

A) acknowledge and attempt to address any personal biases or assumptions they may have based on age, race, gender identity, sexual orientation, faith practices, cultural differences, socioeconomic differences, education, language, level of intellectual functioning, and mental or physical disability; and

B) refer the potential client to another clinician or agency if the assessment process and findings will be compromised by those factors.

Evaluators take into account the client's current legal status (e.g., no legal status; preadjudication, pretrial psychiatric hold; presentencing, civil commitment referral; parole hearing; revocation) and the ways in which that status may influence the nature of scope of the sexual abuser-specific assessment.
Evaluators take reasonable steps to:

A) afford the client who is the subject of the assessment (and/or legal guardian) the opportunity to make an informed decision about participating in the assessment process; and

B) document those efforts in the report. These steps include, but are not limited to the following:

i) Explaining the nature and purposes of the assessment;

ii) Outlining potential benefits, risks and limitations of the assessment procedures that will be used;

iii) Highlighting the potential benefits and impact of participating or declining to participate;

iv) Specifying limits on confidentiality, such as persons or entities to whom the findings will be provided and the circumstances under which information may otherwise be released; and

v) Responding to questions posed by the client regarding the assessment process.

Evaluators:

A) inform clients of the evaluator's responsibilities vis-á-vis the client and the request for the evaluation; and

B) ensure that clients understand that the evaluation may still proceed without their consent.

Evaluators recognize the potential for disclosures of previously undetected sexually abusive behaviors, work closely with other system stakeholders to establish protocols for the fair, ethical and responsible handling of the disclosures, and ensure the client understands the evaluator's duty to disclose as required by law.
Evaluators take reasonable steps to ensure that assessments of sexual abusers are current when that information will be used to inform case management decisions, such as sentencing, civil commitment, release, treatment and supervision.
Evaluators take reasonable steps to clearly articulate the specific rationale for all conclusions and recommendations provided in a given assessment, using language that is readily understandable to the consumers of the assessment, including the client.
Evaluators consider community safety and the degree to which the client is capable of and willing to manage his or her sexual behavior when making recommendations in the assessments.

b) Evaluators shall clarify with the requestor and subject the specific purposes for which an assessment is being conducted and shall document accordingly.

Evaluators conduct sexual abuser-specific assessments primarily for the following purposes:

A) Understanding the nature and extent of a client's sexually abusive behavior;

B) Exploring criminogenic and other needs that should be the focus of treatment and other interventions;

C) Estimating short- and long-term recidivism risk, both sexual and nonsexual;

D) Identifying specific responsivity factors; and/or

E) Obtaining baseline information about a client against which progress and other changes can be gauged.

Evaluators recognize that sexual abuser-specific assessments are not designed or reliable for, and should not be conducted for, the following purposes:

A) Substantiating or refuting allegations that are the focus of a criminal, civil, child custody or other investigation;

B) Exploring the veracity or motivations of an alleged victim's statements;

C) Guiding law enforcement, prosecutorial or charging determinations;

D) Suggesting the existence of a predetermined profile of a sexual abuser against which an individual can be compared to determine fact; or

E) Addressing or alluding to a client's potential guilt or innocence, or otherwise speaking to issues that are within the purview of a trier-of-fact.

Evaluators collaborate with other stakeholders involved in risk reduction, risk management and prevention efforts to promote the appropriate and effective use of assessment data to inform case management decisions with sexual abusers.
Evaluators take steps to educate other stakeholders, including the public, regarding the appropriate purposes, potential misuses, strengths and limitations pertaining to the assessment of sexual abusers.

c) Evaluators shall utilize assessment measures, instruments and procedures that are appropriate for addressing the specific goals of the assessment, for the purposes for which the tools were designed, and for the client being assessed.

Evaluators shall be familiar with the psychometric properties of the assessment measures to be used, including reliability and validity, and favor well-accepted instruments that are supported by empirical research.
Evaluators shall use instruments and methods for which they are appropriately trained, follow recommended administration protocols for all assessment measures utilized, and offer statements of findings that are limited to the capabilities of these methodologies.
Evaluators recognize that assessment instruments developed for and used with adult sexual abusers may not be appropriately normed, valid or reliable for use with other subpopulations of sexually abusive clients.
Evaluators shall select the most reliable, valid and appropriate assessment instruments and procedures given the client's age, gender, culture, language, developmental and intellectual functioning, and other unique characteristics.
Evaluators who are unable to communicate fluently with a client shall refer the client to another qualified professional who is able to communicate fluently with that client. A professional interpreter may be used with the client's permission, provided that confidentiality agreements are in place. Evaluators shall note within their assessments if an interpreter is utilized.
Evaluators who conduct assessments on special subpopulations of sexually abusive clients possess specialized knowledge, obtained through focused training, regarding these subpopulations.
Evaluators assess/screen clients for acute mental or behavioral health needs that may require intervention prior to initiating assessments or interventions specific to sexually abusive behavior and, if necessary, refer clients to other professionals who are qualified to provide these services. The impact of those mental health or behavioral needs on the assessment procedures or findings should be noted in the evaluator's report.
Evaluators strive to meet the special needs of clients with developmental, learning or physical impairments during assessments (e.g., using taped versions of questionnaires, modifying terminology/language on self-report instruments). Reasons and the rationale for using alternative testing methods should be documented in the report, and it should be noted that these special accommodations may have an impact on the reliability and validity of instruments that are typically self-administered.
Evaluators should note in the report any limitations or biases related to using instruments or procedures that were not developed to take into account a client's age, race, gender identity, sexual orientation, faith practice, cultural background, socioeconomic status, education, language or level of intellectual functioning.

d) Evaluators shall recognize that conducting psychosexual evaluations provides a critical opportunity to gain comprehensive understanding of the client's circumstances, risk, intervention needs and responsivity factors; engage the client in the assessment and overall intervention process; and offer reliable data to inform decision making.

Evaluators rely on multiple sources of information when conducting a psychosexual evaluation, preferably to include the following:

A) Client interviews;

B) Interviews with collateral informants, as applicable (e.g., family, intimate partner/spouse);

C) Thorough review of official documents (e.g., police reports, victim impact statements, criminal justice records, previous assessment and treatment records, presentence or social services investigations);

D) Empirically grounded general psychometric testing (e.g., intellectual, diagnostic);

E) Empirically grounded strategies to estimate risk of sexual and/or nonsexual recidivism; and

F) When professional judgement dictates:

i) Empirically grounded instruments designed to measure broad sexual, as well as offense-related, attitudes and interests;

ii) Empirically grounded, objective psychophysiological measures of sexual arousal, interests and/or preferences.

Evaluators identify, document and explain the implications of specific responsivity factors, which include, but are not limited to, the following:

A) Age;

B) Culture;

C) Psychosocial and emotional development;

D) Level of adaptive functioning;

E) Neuropsychological, cognitive and learning impairments;

F) Language or communication barriers;

G) Acute psychiatric symptoms;

H) Denial; and

I) Level of motivation.

Evaluators interact with clients in ways that are designed to promote engagement, decrease resistance, and foster internal motivation throughout the assessment process.
Evaluators explore and incorporate the client's own perspectives, interests and goals when interviewing and assessing the client.
Evaluators take reasonable steps to employ communication methods that take into account specific responsivity factors such as culture, developmental level, and intellectual functioning.
Evaluators recognize that the varying reasons for which a client presents for a psychosexual evaluation may impact the client's demeanor during the interview.
Evaluators seek to obtain a range of general background information about the client, including, but not limited to, the following:

A) Developmental history (e.g., family dynamics, exposure to violence, maltreatment);

B) Nature and quality of past and current relationships (e.g., family, peers, intimate partners);

C) Medical and mental health history (i.e., client and family);

D) Intelligence, cognitive functioning and level of maturity;

E) Education and employment history;

F) Antisocial orientation (e.g., antisocial attitudes and values, psychopathy, antecedents of juvenile delinquency, adult criminal history, violence or aggression); and

G) History of substance use and abuse.

Evaluators collect information regarding sexual history information that includes, but is not limited to, the following:

A) Psychosexual development, early sexual experience, and history of age-appropriate, consensual sexual relationships;

B) Nature and frequency of sexual practices (e.g., masturbation, nonabusive and nondeviant sexual behaviors, unconventional or risky sexual activities);

C) Paraphilic interests, fantasies and behaviors that may not be sexually abusive (e.g., fetishes, masochism);

D) Use of sexually oriented services or outlets (e.g., magazines, internet access, telephone sex lines, adult establishments);

E) Abusive or offense-related sexual arousal, interests and preferences;

F) History of sexually abusive behaviors, both officially documented and unreported (if identified through credible records or sources);

G) Information about current and/or previous victims (e.g., age, gender, relationship to client);

H) Contextual elements of sexually abusive behaviors (e.g., dynamics, motivators, patterns, circumstances); and

I) Level of insight, self-disclosure and denial (e.g., of the behaviors, motivations or intent, level of violence and coercion) relative to various aspects of the sexually abusive behavior.

Evaluators explore and document a client's strengths, assets and protective factors, which may include, but are not limited to, the following areas:

A) Prosocial community supports and influences, and others involved in care and treatment;

B) Structure and support that promote maintaining success (e.g., limited access to potential victims);

C) Healthy, age-appropriate, normative, long-term intimate and sexual relationships;

D) Motivation to change;

E) Insight, understanding and management of risk factors;

F) Appropriate problem-solving and emotional management skills; and

G) Employment, financial and residential stability.

e) Potential Involvement of Adult Victims in the Evaluation Process

If a victim expresses an interest in having his or her perspectives represented by actively participating in the evaluation process of the sexual abuser, the evaluator shall adhere to certain parameters.

A) The evaluator should never initiate contact with a victim. The victim should be the first to initiate any type of contact.

B) The evaluator shall inform the victim of the process through which the victim may provide either a written or oral statement regarding the offense. The victim should be made aware that he or she may have someone with him or her, such as a victim's advocate, to provide support.

C) With expressed consent of the victim, the evaluator may consult with victim advocates, when involved, and consider alternate methods of incorporating the perspectives of the victims (e.g., written victim impact statements).

D) The evaluator shall exercise caution if interviewing victims because of potential risk of unintended impact on the victims.

E) The evaluator shall interview victims only when possessing the requisite knowledge, experience, skills and training to work with sexual abuse victims.

F) The victim may opt to provide a statement at any time.

f) The Written Report

In the psychosexual evaluation report, evaluators outline the full range of information sources used to conduct the psychosexual evaluation, note any relevant information sources that were unavailable at the time of the evaluation, and highlight the potential implications of any data limitations on the conclusions and recommendations contained in the report.
Evaluators provide an addendum to the psychosexual evaluation report when additional key information is received about the client that significantly impacts the initial findings, conclusions and recommendations.
Evaluators document areas of convergence and/or divergence among the client's self-report, collateral information, and other sources of assessment data, including objective behavioral or psychophysiological assessment measures.
Evaluators clearly articulate conclusions and recommendations based on supporting evidence documented in the body of the report, and that generally address the following (as relevant to the purpose of the assessment):

A) Recidivism risk (sexual and nonsexual);

B) General and offense-related criminogenic needs;

C) Responsivity factors;

D) Other intervention needs;

E) Current stressors;

F) Client-identified goals and interests;

G) Implications of the client's strengths and assets;

H) Potential risk management strategies that may be important for other stakeholders to consider (e.g., potential targets for community supervision); and

I) Recommended interventions that support the application of the risk, need and responsivity principles for the client and that sufficiently take into account victim and community safety.

Evaluators note in the psychosexual evaluation report any recommended interventions or services that are unavailable due to limitations of existing resources, while recognizing that the absence of existing resources does not lessen the evaluator's responsibility for providing assessment-driven recommendations.
Evaluators recognize that communicating the results to the subject of the evaluation may be beneficial (e.g., for clarity, to facilitate client engagement, to gauge the subject's response to feedback) and take reasonable steps, using language at a level that is accessible to the individual being assessed, to:

A) inform the subject of the conclusions and recommendations contained in the evaluation report and the basis for those conclusions and recommendations; and

B) provide clarification when warranted, practical and appropriate.

20 Ill. Adm. Code 1905.60 Risk Assessment

Evaluators shall appreciate the potential weight of general and sexual abuser-specific risk assessments across various criminal justice-related and civil contests and the associated implications (not only for community safety, but also for the potential impact on the client's civil liberties) and the critical need to ensure reliable and valid findings.

a) Evaluators clarify the specific purpose for conducting a risk assessment on a given client and the way in which that information will be used, and articulate this in communications regarding the findings.

b) Evaluators conducting risk assessments on sexual abusers are well versed in the contemporary research regarding static and dynamic factors linked to recidivism among sexual abusers. These variables fall into the following categories:

Criminal history (e.g., prior arrests, convictions);
Victim-related variables (e.g., age, gender, relationship);
Sexual deviancy (e.g., offense-related sexual arousal, interests and/or preferences; sexual preoccupation);
Antisocial orientation (e.g., criminal attitudes, values and behaviors; lifestyle instability);
Intimacy and relationship deficits (e.g., problems with intimacy, unstable relationships, conflictual intimate relationships, deficits in social support and interaction); and
Self-regulation difficulties (e.g., hostility, substance abuse, impulsivity, access to victims).

c) Evaluators conducting risk assessments of sexual abusers use empirically supported instruments and methods (i.e., validated actuarial risk assessment tools and structured, empirically guided risk assessment protocols) over unstructured clinical judgment.

d) Evaluators conducting risk assessments of sexual abusers are appropriately trained in scoring, interpreting effectively and accurately reporting, and applying the findings of the risk assessment instruments/protocols employed.

e) Evaluators recognize the potential for both sexual and nonsexual recidivism among sexual abusers and clarify the type of recidivism risk assessed in the report or other statements of findings.

f) Evaluators are aware of the relative strengths and limitations of the risk assessment measures/methods employed, reference these issues when communicating risk assessment findings, and ensure that statements about the findings remain within the scope/capability of these measures (e.g., refraining from making absolute judgements about whether a given sexual abuser will or will not recidivate).

g) Evaluators ensure that any communications about a given client's recidivism risk are based on current and reliable assessment data about that person.

h) Evaluators appreciate that recidivism risk is not static and may change as a result of interventions, client actions or other circumstances and, therefore, evaluators conducting risk assessments employ research-supported methods of assessing dynamic risk factors as warranted over time.

20 Ill. Adm. Code 1905.70 Psychophysiological Assessments

Evaluators shall recognize that psychophysiological assessment methods such as phallometry, viewing time and polygraphy may have particular utility to obtain objective behavioral data about the client that may not be readily established through other assessment means; explore the reliability of client self-reporting; and explore potential changes, progress and/or compliance relative to treatment and other case management goals and objectives, not determine guilt or innocence. Each assessment method is further explained in Section 1905.140.

a) Evaluators obtain specific informed consent from clients prior to using psychophysiological measures.

b) Evaluators are familiar with the strengths and limitations of psychophysiological instruments and note these issues when interpreting and communicating the findings from these instruments.

c) Evaluators take reasonable steps to obtain assurances that examiners utilizing psychophysiological assessment instruments are appropriately trained in the use of those instruments, use accepted methods, and adhere to applicable professional/discipline-specific standards or guidelines.

d) Evaluators recognize that the findings from psychophysiological measures are to be used in conjunction with other sources of assessment information, not as the single source of data for any assessment.

e) Evaluators recognize that the results of psychophysiological measures are not to be used as the sole criterion for any clinical decision regarding offending, including, but not limited to, the following:

Estimating level of risk for recidivism;
Making recommendations for release to the community from a correctional, institutional or other noncommunity placement;
Determining treatment completion; or
Drawing conclusions regarding compliance with or violations of conditions of release or community placement.

f) Evaluators appropriately limit the use of phallometric measures to the following purposes:

Assessing the client's relative sexual arousal and preferences regarding age and gender;
Evaluating the client's arousal response to various levels of sexually intrusive or aggressive/coercive behaviors;
Exploring the potential role of offense-related sexual arousal in the client's sexually abusive or at-risk behavior and developing accompanying treatment goals; and
Monitoring the effectiveness of interventions involving the modification, management and expression of both health and offense-related sexual arousal.

g) Evaluators appropriately limit the use of viewing time measures to the following purposes:

Assessing the client's sexual interests with respect to age and gender;
Evaluating the client's arousal response to various levels of sexually intrusive or aggressive/coercive behaviors;
Exploring the potential role of offense-related sexual arousal in the client's sexually abusive or at-risk behavior and developing accompanying treatment goals; and
Monitoring the effectiveness of interventions involving the modification, management and expression of both health and offense-related sexual arousal.

h) Evaluators appropriately limit the use of polygraph measures to the following purposes:

Facilitating a client's disclosure of sexual history information, which may include sexually abusive or offense-related behaviors;
Eliciting from the client clarifying information regarding the instant/index offense;
Exploring potential changes, progress and/or compliance relative to treatment and other case management goals and objectives; and/or
Making collaborative case management decisions about a client with other partners and stakeholders.

20 Ill. Adm. Code 1905.80 Treatment Interventions

a) Sexual abuser-specific treatment is designed to assist clients with effectively managing thoughts, fantasies, feelings, attitudes and behaviors associated with their potential to sexually abuse or their risk for sexual re-offense and to develop a prosocial lifestyle that is inconsistent with offending. Sexual abusers are a heterogeneous population, with risk levels and treatment needs that can differ markedly. Therefore, sexual abuser-specific treatment services are best offered and provided along a continuum of care (from correctional, institutional, inpatient or residential facilities to community settings) and are matched to the assessed recidivism risk and treatment needs of a given client.

b) Research indicates that treatment for criminal justice-involved populations, including adult sexual abusers, is most effective when it is delivered in accordance with the evidence-based principles of correctional intervention (risk, need and responsivity). As applied to treatment interventions for sexual abusers, this translates into the following:

Risk: Sexual abusers presenting a higher risk of reoffending receive a greater intensity and dosage of treatment services, while lower risk sexual abusers receive less. Providing an inappropriate intensity of services may negatively affect treatment effectiveness and recidivism risk.
Need: Treatment primarily targets research-supported dynamic risk factors that are linked to recidivism (i.e., criminogenic needs) over targets of intervention that are not empirically linked to recidivism.
Responsivity: To address general responsivity factors, evidence-based intervention models are broadly structured, cognitive-behavioral, and skills-oriented. Unstructured, insight-oriented models typically are less effective in reducing sexual recidivism and do not constitute primary interventions in the treatment of sexual abusers. To address specific responsivity factors, services are delivered in a manner that accommodates client characteristics, such as level of intellectual functioning, learning style, personality characteristics, culture, mental and physical disabilities, and motivation level. Services also build upon client strengths, which may include motivation, ability to read and write, lifestyle stability, prosocial support systems, and willingness to comply with supervision requirements.

c) Treatment effectiveness for sexual abusers is also enhanced when providers engage clients in the treatment process and interact with clients in a respectful, directive and empathic manner. For some adult sexual abusers, complementary interventions, such as psychiatric or mental health care, couples or family therapy, educational, housing or employment services, and risk management strategies such as community supervision, may contribute to public safety efforts and promote the overall stability and success of clients. Treatment providers often collaborate with other professionals who have various roles and responsibilities, agents, victim advocates, and other treatment providers, as well as positive community resources and supports. Treatment providers should remain abreast of current research and align practices accordingly. Recommended methods include structured, cognitive-behavioral, and skills-oriented treatment approaches that target dynamic risk factors. These methods have the greatest potential for reducing rates of sexual and other types of criminal reoffending in the male adult sexual abuser.

20 Ill. Adm. Code 1905.90 Treatment Guidelines

a) Licensed treatment providers shall utilize sexual abuser-specific treatment that is guided by ethical principles and current empirical research in order to maximize treatment effectiveness, promote public safety, facilitate prosocial goals for clients, and maintain the integrity of the profession.

Treatment providers utilize sexual abuser-specific treatment in accordance with any additional ethical standards, codes, laws or other expectations for the respective profession or discipline of practice. This includes ethical standards pertaining to, but not limited to, the following:

A) Informed consent;

B) Specialized training, knowledge, expertise and scope of practice;

C) Documentation and retention of records;

D) Currency of research;

E) Confidentiality;

F) Professional relationships; and

G) Conduct.

Treatment providers appreciate that treatment for individuals who have sexually abused or are at risk for sexually abusing others is an evolving science.
Treatment providers remain apprised of contemporary research and engage in professional development activities to ground their provision of research-supported and evidence-based interventions for sexual abusers accordingly.
Treatment providers encourage, support and, whenever possible, participate in ongoing empirical research efforts designed to identify and refine effective interventions for sexual abusers and those at risk to sexually abuse others.
Treatment providers working with sexual abusers collaborate with other professionals who are involved in the management of clients, including judges, probation/parole officers, correctional and other facility staff, child welfare workers, and victim therapists in order to facilitate information sharing and further the goals of treatment. This collaboration/cooperation is consistent with and limited to activities and behavior appropriate to treatment providers' professional roles.
Treatment providers recognize that correctional staff and community supervision practitioners who are well-trained and skilled in using evidence-based behavioral techniques and interventions (e.g., prosocial modeling, skill practice, rehearsal of strategies, redirection, positive reinforcement) can complement treatment activities in correctional and other facilities and post-release.

b) Assessment-Driven Treatment

Treatment providers shall recognize the importance of individualized, assessment-driven treatment services and deliver treatment accordingly.

Treatment providers ensure that, prior to initiating treatment services for individuals who have sexually abused or are at risk of sexually abusing others, a psychosexual evaluation of a client's recidivism risk and intervention needs has been conducted, is current and is comprehensive.
Treatment providers rely on research-supported assessment methods that are designed to identify dynamic risk factors present for a given client.
Treatment providers develop and implement an individualized, written treatment plan for each client, outlining clear and specific treatment goals and objectives that are consistent with the results of a current psychosexual evaluation.
Treatment providers routinely review and update treatment plans based on multiple methods of assessment.
Treatment providers offer treatment that is appropriate for a client's assessed level of risk and intervention needs.
Treatment providers offer treatment only when they have the resources necessary to provide an adequate and appropriate level of intervention for a client's risk and needs.
Treatment providers refer a potential client to other treatment providers or agencies when they cannot provide an adequate and appropriate level of intervention. This may involve a full transfer or sharing of clinical responsibility.
Treatment providers recognize the importance of primary and secondary prevention by making treatment services available to, or making appropriate referrals for, individuals who may be at risk for engaging in sexually abusive behaviors and are seeking nonmandated assistance.
Treatment providers recognize that some individuals may present for sexual abuser treatment in the absence of legal or other mandates and that appropriate services should be made accessible to those individuals.

20 Ill. Adm. Code 1905.100 Treatment Methods

a) Treatment providers working with sexual abusers shall utilize empirically supported methods of intervention. Recommended methods include structured, cognitive-behavioral, and skills-oriented treatment approaches that target dynamic risk factors.

Treatment providers deliver services to clients using a variety of modalities, including individual, family and group therapy, that are matched to each client's individual intervention needs and responsivity factors.
Treatment providers assist clients with identifying and analyzing the individual's factors (e.g., environmental, cognitive, affective and relational) that increase the individual's vulnerability to engage in sexually abusive behaviors.
Treatment providers use cognitive-behavioral techniques, at the earliest opportunity, to help clients develop and rehearse strategies (i.e., avoid or escape high risk situations, use adequate coping skills) to effectively manage situations that may increase their risk of sexually abusing or otherwise reoffending.
Treatment providers use behavioral methods, such as education, prosocial modeling, skill practice, rehearsal of strategies, redirection and positive reinforcement, to teach or enhance skills that will help clients achieve prosocial goals.
Treatment providers encourage clients to practice the skills they learned in treatment and ensure that these skills generalize to clients' environments.
Treatment providers assist clients in developing individualized strategies and plans for effectively managing their risk of sexual abuse or other harmful or illegal behaviors. These plans include specific strategies for avoiding or limiting access to potential victims, recognizing and coping with risk factors, and building social support systems.
Treatment providers assist clients with identifying and enhancing prosocial interests, skills and behaviors that the clients themselves seek to enhance or attain (i.e., approach goals that are oriented toward a nonoffending lifestyle), as opposed to strictly focusing on managing inappropriate thoughts, interests, behaviors and risky situations (i.e., avoidance goals).

b) Dynamic Risk Factors

Treatment providers shall focus treatment interventions primarily on research-supported dynamic risk factors that are linked to sexual and nonsexual recidivism (i.e., criminogenic needs) over factors that have not been shown to be associated with recidivism, as outlined in this subsection (b).

General Self-regulation

A) Treatment providers assist clients in learning to self-manage emotional states that support or contribute to their potential to sexually abuse.

B) Treatment providers assist clients in learning and practicing problem-solving and impulse control skills.

C) Treatment providers assist clients in obtaining appropriate services for evident problems related to the clients' mental health and substance use patterns.

Sexual Self-regulation

A) Treatment providers use cognitive-behavioral, behavioral and/or pharmacological techniques to promote healthier sexual interests and arousal, fantasies and behaviors oriented toward age-appropriate and consensual partners.

B) Treatment providers use cognitive-behavioral, behavioral and/or pharmacological techniques known to be associated with:

i) reductions in sexual preoccupation (paraphilic and nonparaphilic) and deviant sexual interests and arousal; and

ii) improvements in the management and control of sexual impulses.

C) Treatment providers target cognitions that are supportive of age-inappropriate and nonconsensual sexual interest, arousal and behavior in order to assist clients in enhancing their sexual self-regulation.

D) Treatment providers help clients find effective ways to minimize contact with persons or situations that evoke or increase clients' deviant interests and arousal.

Attitudes Supportive of Sexual Abuse

A) Treatment providers recognize that client attitudes and beliefs that are tolerant of sexual abuse (e.g., women enjoy being raped, children should be able to make up their own mind about having sex with adults) are important treatment targets.

B) Treatment providers:

i) use established cognitive therapy techniques to strengthen attitudes, beliefs and values that support prosocial sexual behaviors; and

ii) help clients manage or decrease those that support sexually abusive behavior.

C) Treatment providers are aware that, although clients may hold attitudes, beliefs and values that are unconventional but unrelated to their risk for sexually abusive or criminal behaviors, these attitudes, beliefs and values are not deemed appropriate primary treatment targets.

Intimate Relationships

A) Treatment providers assist the client in the development of skills that can enable the experience of prosocial intimate relationships with adults. Treatment providers orient their interventions so that they build on strengths in the client's existing relationships, when appropriate.

B) Treatment providers aim, when possible and appropriate, to include adult romantic partners in treatment in order to maximize treatment gains and enhance prosocial lifestyles.

Social and Community Supports

A) Treatment providers encourage and assist clients in identifying appropriate, prosocial individuals who can act as positive support persons.

B) Treatment providers encourage family members and other support persons to actively participate in the treatment process and to help clients achieve and maintain prosocial lifestyles.

C) Treatment providers assist clients who are transitioning to the community or are already in the community to develop and maintain stable prosocial lifestyles, which are characterized by stable and appropriate housing, employment and leisure activities.

D) Treatment providers recognize that developing a support network may be contraindicated with clients who have a history of violence toward support persons and have not been violence-free for a significant amount of time. Hence, treatment providers encourage clients to make small and gradual changes and closely monitor these changes to ensure clients are receiving or have received interventions to address these issues and reduce the risk for violence.

Treatment providers may, as warranted for a given client based on a comprehensive assessment, also include treatment targets that are not clearly established by research to be dynamic risk factors (e.g., denial and minimization, low self-esteem) but that, when addressed, enhance therapeutic alliance, treatment engagement and treatment responsiveness.

c) Treatment Engagement and Goal Setting

Treatment providers shall strive to foster clients' engagement and internal motivation at the onset, and throughout the course of, sexual abuser-specific treatment, recognizing that these process-related variables enhance treatment responsiveness and outcomes.
Treatment providers recognize that, although many clients present for sexual abuser-specific treatment as direct result of legal or other mandates, external motivators alone are generally insufficient for producing long-term change among clients.
Treatment providers provide services in a respectful, directive and humane manner and facilitate a therapeutic climate that is conducive to trust and candor.
Treatment providers recognize that client engagement may increase, and resistance may decrease, when the treatment provider and client are in relative agreement about treatment goals and objectives. To the extent possible, treatment providers involve clients in the development of their treatment plans and in the identification of realistic goals and objectives.
Treatment providers clarify, at the onset of sexual abuser-specific treatment, the client's understanding of the problems for which the client referred to treatment and that primary treatment objectives are often specific to modifying deviant sexual attitudes, interests, arousal and behaviors.
Treatment providers are aware that clients present with differing levels of internal motivation to change (and varied types and levels of denial and minimization related to sexually abusive behavior, interests, arousal and attitudes and beliefs), but that such characteristics do not preclude access to treatment.
Treatment providers recognize that denial and minimization may impact the client's engagement in treatment, but that the influence of denial and minimization on sexual recidivism risk has not yet been clearly established and may vary among client groups.
Treatment providers support the client in being honest in discussing the client history and functioning, but acknowledge that it is not the role of treatment providers to attempt to determine or verify a client's legal guilt or innocence or to coerce confessions of unreported or undetected sexually abusive behaviors.
Treatment providers are aware that attempting to provide treatment for problems that a client persistently denies having results in limitations in making reliable clinical recommendations about the individual's treatment progress and re-offense risk, and that this has ethical implications.
Treatment providers routinely seek and explore the client's perspectives and offer feedback on the client's engagement, motivation and progress in treatment, or lack thereof.

20 Ill. Adm. Code 1905.110 Treatment Progress and Completion

Treatment providers shall recognize and communicate that successful completion of a sexual abuser treatment program/regimen indicates that a client has demonstrated sufficient progress in meeting the specified series of goals and objectives of an individualized treatment plan designed to significantly reduce and reasonably manage the individual's risk to reoffend. Completion of treatment should be understood as meaning the successful completion of treatment, and not as the cessation of court-ordered, offense-specific treatment or the completion of the sentence imposed by the court or the Prisoner Review Board. Successful completion of treatment may not end the sex offender's need for ongoing rehabilitation or elimination of risk to the community.

a) Treatment providers develop written treatment contracts/agreements (e.g., treatment consent forms) to ensure clarity and agreement between the provider and clients. The contracts address, at minimum, the following:

The nature, goals and objectives of treatment;
The expected frequency and duration of treatment;
Rules and expectations of treatment program participants;
Rewards and incentives for participation and progress;
Consequences of noncompliance with program rules and expectations; and
Criteria used for assessing progress and determining program completion.

b) Treatment providers routinely utilize multiple methods in an effort to objectively and reliably gauge treatment progress, particularly with respect to dynamic risk factors. These methods include:

Structured, research-supported tools and inventories;
Specialized behavioral/psychophysiological tools;
Client self-report; and
Collateral reports.

c) Treatment providers routinely review the client's individual treatment plan and clearly document in treatment records the specific and observable changes in factors associated with the client's risk to recidivate, or the lack of changes.

d) Treatment providers recognize that a client who has successfully completed treatment has generally:

Acknowledged the problems for which the client was referred in sufficient enough detail for treatment staff to have developed a treatment plan that, if implemented properly, could be reasonably expected to reduce the risk to reoffend;
Demonstrated an understanding of the thoughts, attitudes, emotions, behaviors and sexual interests linked to sexually abusive behavior and can identify these when they occur in the client's present functioning; and
Demonstrated changes in managing these thoughts, attitudes, emotions, behaviors and sexual interests that are sufficiently sustained to create a reasonable assumption that the client reduced the risk to reoffend.

AGENCY NOTE: Offenders under conditional release, parole or probation may have additional specific indicators to enable the treatment provider to assess treatment completion to include completion of levels of supervision (this may include various components such as compliance with conditions of supervision, lack of sanctions, employment, progress in treatment, etc.), polygraph examinations and/or plethysmographs, etc. The decision to successfully terminate a supervised offender from treatment should be made by the multidisciplinary team.

e) Treatment providers evaluate a client's treatment progress within the context of a thorough understanding of the client's individual capacities, abilities, vulnerabilities and limitations. Associated recommendations should reference these factors and aim to stay within the bounds of what is likely or possible for the individual client.

f) Treatment providers providing community-based treatment recommend:

more intensive treatment and/or supervision if a client experiences significant difficulties managing the risk for sexual abuse in a way that jeopardizes community safety; and
gradual adjustments to the intensity of services as the client consistently demonstrates stability and positive gains.

g) Treatment providers prepare their clients for treatment completion, which may include a gradual reduction in frequency of contacts over time as treatment gains are made, booster sessions to reinforce and assess maintenance of treatment gains, and consultation to any future service providers.

h) Treatment providers are clear when communicating with clients, other professionals, and the public that some clients may require ongoing management of their risk and treatment needs.

i) Treatment providers utilize the client, support persons and appropriate professionals involved in ongoing case management with written information that includes follow-up recommendations for maintaining treatment gains.

j) Treatment providers immediately notify appropriate authorities if a legally mandated client discontinues treatment or violates a mandated condition of parole, probation or treatment.

k) Treatment providers hold nonmandated clients to the same treatment expectations as mandated clients.

20 Ill. Adm. Code 1905.120 Responsivity Factors and Special Populations

Treatment providers shall acknowledge the diversity among individuals who sexually abuse others and that responsiveness to sexual abuser-specific treatment can vary as a function of client characteristics such as demographics, language, development, capabilities, functioning and motivation to change.

a) Treatment providers recognize that not all treatments have been developed or evaluated with various subpopulations of sexual abusers (e.g., individuals with intellectual and developmental disabilities, clients with serious mental illness, those with varied cultures and other demographics). The limitations of treatments with these populations should be identified prior to initiating treatment services.

b) Treatment providers appreciate that treatment for sexual abusers is more effective when responsivity factors are addressed and recognize the potential for unintended collateral consequences when services fail to take into account responsivity factors.

c) Treatment providers assess and identify responsivity factors, such as comprehension, cognitive capabilities, adaptive functional level, psychiatric stability, and other factors that may impact a client's ability to maximally benefit from sexual abuser-specific treatment.

d) Treatment providers strive to adjust approaches to interventions and match clients to appropriate services based on identified responsivity factors in order to facilitate clients' maximum benefit from services. This includes, for example, the provision of language interpreters, services for deniers, services for clients with cognitive or developmental limitations, and culturally competent programming.

e) Treatment providers strive to equip themselves with the knowledge and skills necessary to adequately address clients' responsivity factors and/or special needs by participating in professional development activities.

f) Treatment providers recognize their own strengths and limitations with respect to their ability to provide adequately responsive services to clients and refer clients to qualified providers skilled in addressing specific responsivity factors, when necessary.

g) Treatment providers understand that, for some subpopulations of sexual abusers, sexual abuser-specific treatment services are best provided subsequent to or in concert with other psychiatric, behavioral or responsivity-oriented interventions. Treatment providers offering sexual abuser-specific treatment collaborate with the providers of those services to ensure that sexual abuser-specific services are complementary and not contraindicated.

h) Treatment providers providing sexual abuser-specific treatment work closely with a client's partner, family members and other community support persons who can facilitate successful treatment outcomes because of their abilities to attend to a given client's specific responsivity factors.

20 Ill. Adm. Code 1905.130 Risk Reduction and Risk Management in the Community

a) Many adult sexual abusers residing in the community are supervised under the jurisdiction of the courts, correctional departments, probation or parole divisions or mental health agencies. Approaches to reducing and managing risk in the community may involve imposing various supervision conditions, expectations and requirements; monitoring and tracking; linking clients to appropriate programs and services; facilitating successful reentry to and stability in the community following release from correctional or other facility custody; promoting continuity of care within and across facility-based programs and services and community-based services; educating and engaging the public and communities; using and encouraging other system partners to use empirically informed assessment information to guide interventions and strategies; and engaging positive community support networks, which may include trained volunteers. Some strategies are explicitly designed to reduce the recidivism risk of sexual abusers by assisting them with developing and enhancing prosocial attitudes, skills and behaviors; increasing healthy and appropriate interests; effectively managing risk factors; developing positive and prosocial community supports; and enhancing other protective factors. Other strategies are primarily designed to promote accountability, deterrence and risk management.

b) Research indicates that focusing supervision activities primarily or exclusively on risk management is not effective in reducing recidivism, whereas using risk-reducing interventions, such as treatment and other skill-building interventions, to complement risk management-based supervision strategies leads to better outcomes. To support a balance of risk reduction and risk management efforts, contemporary trends involving sexual abusers in the community often emphasize multidisciplinary and multi-agency collaborations. These collaborative efforts are part of contemporary practices in the treatment and supervision of sexual abusers, as supported by the extant literature. It may include communication and partnerships among professionals, such as sexual abuser-specific treatment providers and other treatment providers (e.g., substance abuse, mental health, marital and family therapists), probation or parole officers, case managers, child welfare professionals, victim advocates, law enforcement officials, polygraph examiners and others.

c) In many jurisdictions, collaboration occurs through multidisciplinary case management teams, the composition of which may vary depending on the risk, needs and circumstances of a given client. Key elements of effective collaboration include a clear delineation of roles and responsibilities, complementary policies and procedures, ethically sound communication and information-sharing mechanisms, and a shared community safety goal. Through effective partnerships, early intervention can be exercised to reduce the risk posed by sexual abusers prior to behaviors that are not yet criminal in nature and to facilitate the exchange of information to develop appropriate treatment plans, inform risk management decisions, make recommendations regarding victim contact, and increase the overall stability and success of clients in the community.

d) In cases in which a client will be released from a correctional, inpatient or other institutional setting, the transition to the community is likely to be more successful when collaboration exists among professionals with case management responsibilities in the facility and in the community. Transition and reentry planning should be initiated well in advance of the client's release in order to identify any current and ongoing intervention needs, promote continuity of care, explore and begin to address potential barriers to reentry in the community (e.g., housing or employment challenges), clarify any post release conditions and expectations, and facilitate access to community resources and services, which may include community-based sexual abuser-specific treatment.

e) Research on correctional populations, including sexual abusers, demonstrates that interventions are most effective when guided by evidence-based principles of correctional intervention (i.e., risk, need and responsivity). Therefore, community-based risk reduction and risk management strategies involving sexual abusers are ideally matched accordingly and may change over time, based on current and empirically informed assessment information. Although higher risk/higher need clients may require supervision, monitoring and treatment of greater intensity and dosage, less intensive supervision and other risk management and risk reduction strategies may be more effective and sufficiently adequate for sexual abusers with lower recidivism risk, fewer intervention needs and greater protective factors.

f) Overarching Risk Reduction and Risk Management Considerations

Treatment providers recognize that the community management of sexual abusers generally involves a variety of interventions, strategies and mechanisms.
Treatment providers appreciate that sex offender-specific public policies and practices have varied goals (e.g., deterrence, retribution, risk management, risk reduction, prevention) and may reflect different interests and priorities for stakeholders. Some may complement sexual abuser-specific treatment, other risk-reducing interventions and prevention strategies; others may not.
Treatment providers recognize that some interventions and strategies used to promote risk management and risk reduction with clients have more empirical support than others.
Treatment providers remain apprised of the current research pertaining to the impact and effectiveness of various risk management and risk reduction policies and strategies utilized with clients in the community.
Treatment providers are encouraged to work with researchers to assess the impact and effectiveness of community-based risk management and risk reduction strategies utilized with clients.
Treatment providers play a role in educating stakeholders regarding the current empirical support for various strategies and encourage the use of research-supported principles and practices to promote effective risk reduction and risk management with clients in the community.
Treatment providers appreciate that the application of empirically informed assessments of risk and need can enhance the potential effectiveness of risk management and risk reduction strategies for sexual abusers in the community and support the use of those assessments system-wide.
Treatment providers strive to ensure that collaborative partners and other stakeholders have access to current, empirically informed assessments to guide decision making regarding risk management and risk reduction of sexual abusers in the community.

g) Multidisciplinary Collaboration

Treatment providers recognize that effectively reducing and managing risk among sexual abusers in the community often involves collaboration across multiple agencies, entities and disciplines.
Treatment providers appreciate that their respective roles and responsibilities with clients are part of a broader system of community management.
Treatment providers strive to engage stakeholders, such as the judiciary, treatment providers, probation and parole officers, correctional staff, victim advocates, law enforcement agents, employers, landlords and housing officials, civic organizations, mentors, the faith community, and other community supports, in contributing to risk reduction, risk management and prevention activities.
Treatment providers recognize that collaborative partnerships are more effective at increasing community safety when the various stakeholders are appropriately trained and knowledgeable about working with sexual abusers. Therefore, treatment providers promote education and training of the involved professionals and nonprofessionals (e.g., family members, community supports).
Treatment providers ensure that information-sharing and collaboration occur within the parameters of confidentiality provisions, informed consent and other ethical standards.

h) Collaborating with Probation/Parole or Other Community Supervision Professionals

Treatment providers working with sexual abusers shall collaborate with probation and parole officers, correctional and other facility staff, case managers, and post release aftercare professions to support successful public safety and client outcomes.
For clients who are under court-mandated or other formal supervision in the community (e.g., probation, parole, aftercare/step-down from an inpatient treatment facility), treatment providers strive to obtain supervision- and treatment-related information from the appropriate authorities. This minimally includes copies of:

A) presentence investigations, prerelease evaluations, previous sexual abuser-specific evaluations, treatment summaries, and conditions of probation/parole or post release placement in the community; and

B) when possible, documents regarding the investigation of the offenses.

Treatment providers working with sexual abusers review with the probation officers/parole agents and other case managers the specific conditions that are designed for risk reduction and management purposes and discuss the rationale with the clients. These conditions often include, but are not limited to, the following:

A) Abstaining from alcohol and/or illegal drugs, when substance use is a risk factor;

B) Adhering to treatment expectations (e.g., participation, compliance with program rules and individual treatment plans);

C) Practicing healthy sexual attitudes and behaviors;

D) When appropriate, disclosing offense history, risk factors and effective coping strategies to professionals who are involved with the client and the client's significant others;

E) Making plans for work, social and leisure activities to enhance quality of life and reduce possible exposure to cues or situations associated with the client's risk of reoffending;

F) Complying with other conditions of supervision, such as restricted internet access, employment, volunteering, polygraph examinations and electronic/GPS monitoring; and

G) Complying with restrictions on contact with children or other vulnerable parties (e.g., adults with developmental limitations), as deemed necessary for a given individual.

Treatment providers working with sexual abusers establish and clarify the appropriate parameters (e.g., timing, type of content) and mechanisms (e.g., written, verbal, face-to-face) for reciprocal information-sharing with the probation/parole officer or other relevant case management professionals in order to promote well-informed decision making. This minimally includes the following:

A) Attendance in treatment;

B) Overall participation in treatment;

C) Specific changes in dynamic and protective risk factors;

D) Progress toward specific goals in treatment;

E) Engagement and compliance with supervision;

F) Referrals to and/or participation in additional programs and services; and

G) Adjustments to level of supervision or supervision strategies.

Treatment providers report, to the appropriate professionals with the authority and responsibility for supervision, in a timely manner, any violations of their clients' conditions of supervision and significant adverse changes in dynamic risk factors.

i) Treatment providers shall recognize the distinct but potentially complementary roles and responsibilities of treatment providers and supervision officers, clarify these roles and responsibilities to clients and other professionals, and actively strive to maintain these professional boundaries.

Treatment providers are aware of the ethical concerns related to dual relationships and adhere to any licensing, discipline-specific, ethical or other credentialing standards and guidelines regarding dual relationships and conflict of interest.
While supporting complementary risk reduction and risk management efforts with clients, treatment providers strive to ensure that:

A) Sexual abuser-specific treatment providers limit their role to that of a clinician and do not attempt to assume the roles of supervision officers or law enforcement agents, or represent themselves as such.

B) Probation/parole officers do not represent themselves as specialized sexual abuser-specific treatment providers unless they possess the requisite education, training, supervision, licensure and continuing education;

C) Probation/parole officers who deliver "general" cognitive and/or behavioral interventions to promote skill-building and behavior change among clients are well-trained and appropriately supervised to deliver those interventions with fidelity; and

D) Probation/parole officers do not assume specialized clinical responsibilities within treatment programs for sexual abusers with clients for whom they have supervision responsibility.

In order to promote a collaborative treatment approach, treatment providers are encouraged, when clinically appropriate, to allow probation/parole officers to observe clinical treatment sessions in programs for sexual abusers. However, the following guidelines should be taken into consideration:

A) Treatment providers recognize that these observations can:

i) help educate officers about individuals who sexually abuse and the nature and approach to treatment for sexual abusers; and

ii) help officers obtain information that may enhance their supervision of a given client.

B) Treatment providers recognize that these observations can impact client confidentiality, inhibiting client participation and disclosure; disrupt continuity of the treatment process; and blur clients' perceptions of officers' roles.

C) If allowing these observations, treatment providers:

i) Ensure that officers identify themselves by position and work responsibilities and clarify to session participants their roles and responsibilities as supervision officers;

ii) Review and clarify the purpose and possible impact of having officers present;

iii) Obtain appropriate informed and voluntary consent from clients; and

iv) Ensure that officers are aware of and adhere to professional ethics, including, but not limited to, confidentiality limits and boundaries.

j) Engaging Community Supports

Treatment providers shall recognize that an appropriate support person can assist professionals and clients with risk reduction, risk management and other successful outcomes for clients, victims and communities.
Treatment providers collaborate with clients and other professionals to identify and engage community support persons in the supervision and treatment processes, when appropriate and feasible.
Treatment providers acknowledge that appropriate support persons are able and willing to:

A) Appreciate that clients are responsible for having engaged in sexually abusive behavior;

B) Recognize that recidivism risk can increase and decrease over time;

C) Maintain routine contact with the individual who has engaged in sexually abusive behavior;

D) Understand, recognize, intervene and report when risk factors are present;

E) Maintain, model and assist clients with practicing prosocial attitudes and behaviors;

F) Support adherence to supervision, treatment and other expectations pertaining to risk reduction and risk management;

G) Participate in the development and implementation of safety plans for victims and other vulnerable persons as applicable; and

H) Communicate routinely and effectively with the professionals responsible for assessing, supervising and providing treatment to sexual abusers.

Treatment providers establish and clarify appropriate parameters (e.g., timing, nature, limits, methods) of reciprocal information-sharing with support persons.
Treatment providers take appropriate steps to ensure that support persons are equipped with knowledge and skills regarding risk factors for reoffending, strategies for effectively reducing and managing clients' risk for recidivism, and the strengths and limitations of strategies in place.
Treatment providers:

A) educate clients and identified support persons regarding the roles, responsibilities, expectations and risks and benefits associated with serving as part of a collaborative support network; and

B) elicit informed consent accordingly.

k) Collaborating with Child Protective/Child Welfare Professionals

This Section pertains to clients whose sexually abusive behaviors, interests, preferences, or arousal involve children and the potential for these clients to have planned or unplanned contact with children (e.g., children in their own families, the children of new romantic partners, friends, coworkers, or neighbors). It is important to note that contact is not limited to the client's close physical proximity with a child or adolescent, but also includes one-to-one interactions such as telephone calls, emails, written notes and communications through third parties.

Treatment providers shall prioritize the rights, well-being and safety of children when making decisions about client contact with minors.
Treatment providers take reasonable steps to support a client's adherence to any no contact orders or other restrictions that have been imposed by the courts or other entities statutorily authorized to impose restrictions for that client.
When contact with children is at issue under the terms of any legal disposition (e.g., court order, probation/parole order), treatment providers may provide written assessment-driven recommendations regarding an individual client's acceptable level of contact with children that range from no contact to supervised or unsupervised contact.
Treatment providers' recommendations regarding contact with minors should be minimally informed by the following:

A) Empirically informed assessments of recidivism risk and protective factors;

B) The client's history of deviant sexual interests, fantasies and behaviors involving children;

C) The nature, extent and duration of the offending behaviors of the client;

D) The client's engagement and progress in sexual abuser treatment, particularly with respect to general and sexual self-regulation, sexual preoccupations and extent of sexual deviance variables; the abuser-victim relationship; and offense-related motivations, grooming patterns, attitudes and offense-specific variables;

E) The presence of positive prosocial supports for the client who can serve as chaperones;

F) The client's engagement and compliance with supervision expectations and conditions;

G) The ability, skills and willingness of nonoffending parents or guardians to provide an environment that is appropriately conducive to maintaining the child's emotional and physical safety;

H) The availability and professional opinions of a qualified child advocate, mental health or child welfare professional to whom the child and family are therapeutically engaged, and the confidence that the child will be able to articulate interests and concerns regarding the potential for contact with the client;

I) The child's reported interests for contact or no contact, or if contact would not be in the best interests of the child; and

J) The extent to which community strategies are currently in place to provide adequate mechanisms and resources to ensure adequate child safety plans for victims and other minors.

Treatment providers collaborate with the proper authorities or professionals to support restrictions that prohibit clients from having contact with a child if the child does not want contact or if contact would not be in the best interests of the child or other vulnerable persons.
Treatment providers consider the impact that the client's contact with siblings may have on the victim and approve contact that minimizes distress to the victim.
Treatment providers work collaboratively with child welfare/child protection agencies, victim advocates and others (e.g., treatment providers, probation/parole officers) to develop safety plans for victims and other vulnerable children.
Treatment providers obtain informed consent from a child's nonoffending parent or legal guardian before approving a client's contact with that child, while adhering to the parameters of any legal or other restrictions.
Treatment providers may support structured and/or supervised contact with children when the following occur:

A) the client is making acceptable progress in treatment and/or supervision;

B) he/she is effectively managing dynamic risk;

C) appropriate safety precautions are in place; and

D) contact is assessed to be in the best interest of the child by the appropriate/designated professionals working with those responsible for child welfare decisions, taking into account the expressed interests of the child.

Within the bounds of confidentiality, treatment providers regularly exchange information in a timely manner with child welfare workers involved in a client's case and with child welfare workers involved in monitoring the safety of children with whom the client is having or considering having contact, unless otherwise specified by law. Information may include, but is not limited to, the following:

A) Client's treatment progress;

B) Significant changes in dynamic risk factors; and

C) Significant barriers and social services agreements in place with goals and objectives that have to be met by all in order to promote contact or reunification.

Treatment providers familiarize themselves with restrictions related to client-victim contact and abide by those restrictions in a therapeutic manner.
Treatment providers ensure that, as warranted for a given client, contact with children is addressed as part of a comprehensive community risk management plan and should be linked to the client's re-offense risk, progress in treatment, and/or compliance with supervision, as applicable.
Treatment providers document all decisions about a client's contact with children, including whether contact is recommended, the type of contact that is recommended, the preparations made with children and chaperones, and information obtained during the ongoing monitoring process.

l) Addressing Family Reunification and Visitation

Treatment providers shall collaborate with child welfare workers to address family reunification efforts when clients have abused children in their own families and wish to have contact with them, or they seek to begin relationships with individuals who have children.
Treatment providers recognize that family reunification, in many cases, is not an advisable goal because of the risk and potential for harm that may be unmanageable (e.g., high risk, lack of appropriate caregiver supervision, nature of the victimization, impact on family and victim). However, family reunification may be one of the many ways that victims and families attempt to resolve issues generated by the offender's abuse and may be beneficial for other reasons in some circumstances.
Treatment providers are aware that reunification is a gradual and well-supervised procedure in which a sexual abuser is allowed to reintegrate into the familial network where the victims or potential victims are present.
Before providing recommendations regarding family reunification, treatment providers collaborate with professionals from a range of disciplines who have different agency missions and mandates, which may include child welfare professionals, family therapists, victim services providers or advocates, treatment providers, supervision officers, and other community supports.
Treatment providers ensure that any child contact decisions within the context of family reunification efforts should be informed by a thorough assessment of the client's risk, the child's safety plan, and consultation with other members of the community risk management team, such as collaborative partners and stakeholders.
Treatment providers ensure that, as appropriate and indicated, contact with the client's children, his/her current partner's children, or children of family members are also discussed as part of the reunification process.
Treatment providers do not recommend the involvement of the victims or potential victims in family reunification efforts unless that involvement is likely to benefit the victims or potential victims and unlikely to cause them inordinate levels of distress.
Treatment providers, if necessary, recommend that the client be removed from the residence of the victims or potential victims rather than removing the victims or potential victims.
Treatment providers consider the wishes of the victims or potential victims with regard to family reunification, taking into account their ability to understand the ramifications of their decisions.
Treatment providers ensure that a child has access to a responsible adult chaperone trusted by that child before recommending the client be allowed to have contact with that child.
Treatment providers may make recommendations for a client to have contact with interfamilial victims and other family members under 18 (or otherwise vulnerable persons) only when the following are present:

A) A nonoffending parent or another responsible adult who is adequately prepared to supervise the contact;

B) The victim or minor is judged to be ready for the contact by a professional who can monitor the victim's or minor's safety; and

C) The client has made acceptable progress in treatment.

Treatment providers ensure that appropriate safety plans are developed and monitored during the family reunification process. Safety plans should include explicit and nonnegotiable rules and boundaries, as well as the method to address infractions.

m) Engaging Chaperones and Community Supports

Treatment providers shall exercise prudence and caution when involved with the selection and education of responsible adult chaperones for contacts between clients and children and other vulnerable parties who may be unable to give consent.
Treatment providers recommend as potential chaperones only adults who:

A) Accept and understand the client's history of sexually abusive behavior;

B) Appreciate that the client is solely responsible for decisions to act in a sexually abusive manner (i.e., chaperones do not place responsibility on victims or external circumstances);

C) Recognize the potential for risk and intervention needs to change over time, either increasing or diminishing;

D) Appreciate the need for the client to have prosocial supports; and

E) Accept the role and responsibilities of being an effective chaperone.

Treatment providers ensure that clients educate potential chaperones candidly about the clients' sexually abusive behaviors, antecedent and ongoing risk factors, and treatment and/or supervision conditions.
Treatment providers ensure that chaperones fully understand the safety plan for the children and appropriate reporting procedures for violations of the safety plan.
Treatment providers monitor authorized contacts between the client and children through interviews with the client, the chaperone and/or the child's therapist/support person, and through other supervision options.

n) Continuity of Care

Treatment providers shall recognize that continuity of care is necessary to support effective risk management and risk reduction of sexual abusers in the community.
Treatment providers facilitate, in a timely manner, the seamless access to and provision of follow-up services for clients who transition from one program to another. This may include transition from:

A) Institutional to community-based treatment;

B) Community-based treatment to treatment in a correctional, inpatient or other institutional setting;

C) Programming within a facility/institution or within the community, at a lateral level of transfer; or

D) The current jurisdiction/place of residence to a new jurisdiction of residence, due to relocation or transfer of supervision.

Treatment providers seek information, through appropriate release of information when necessary, regarding treatment progress and take this into consideration when initiating treatment services for a client who has been receiving services elsewhere or in another setting in order to prevent duplication of efforts and promote timely, assessment-driven, well-informed treatment planning.
Treatment providers, to the greatest degree possible, include the client, institutional caseworker, institutional treatment staff, community supervision staff, community treatment staff, family members, and support persons in release planning meetings. When this is not possible, electronic alternatives, such as teleconferencing or videoconferencing, may be used.
Treatment providers providing services to clients prepare written treatment/discharge summaries for clients who change programs, transition from an institution to the community, or transition from the community to an institution (i.e., lesser level of care or increased level of care/security). These summaries usually include the following elements:

A) Assessment of risk to sexually harm others, including individualized risk factors and indicators of imminent risk;

B) Assessment of dynamic risk factors and protective factors/client strengths (e.g., prosocial support systems);

C) Description of offending pattern;

D) Description of sexual and nonsexual criminal history;

E) Identification of relevant problems and continuing interventions needs (including medication);

F) Level of participation in programming; and

G) Recommendations for community supervision, treatment and support services to guide post-release case management decisions.

When appropriate and within ethical parameters, bounds of confidentiality, and other information-sharing statutes or professional regulations, treatment providers working in correctional facilities or inpatient/other institutional settings provide community-based providers, supervision officers/case managers, aftercare workers, and other appropriate support persons with information that can be used to inform appropriate post release or transitional treatment, supervision and management in the community.

20 Ill. Adm. Code 1905.140 Pharmacological Interventions

Treatment providers shall recognize that the usage of pharmacological interventions may be beneficial to the offender and support effective risk management and risk reduction.

a) For adult sex offenders, when used in combination with other treatment approaches, biological interventions like testosterone-lowering hormonal treatments may be linked to greater reductions in sexual arousal. Nonhormonal psychotropic medications can also be effective supplements to standard therapeutic interventions for sex offenders. Pharmacological interventions are not typically used for all sexual offenders, but are often applied to those with paraphilias or offense-specific patterns of sexual arousal that could be altered through the use of these interventions. Further, the interventions should be integrated into a comprehensive treatment program that addresses other static and dynamic risk factors that contribute to sexual offending.

b) Hormonal Agents for Managing Sexually Abusive and Paraphilic Behaviors

A number of hormonal agents have been introduced as pharmacological treatments for reducing testosterone and sexual drive in individuals with paraphilias and/or who have engaged in sexually abusive behaviors. Primary examples include medroxyprogesterone acetate (MPA – Depo Provera), Leuprolide acetate, cyproterone acetate, and gonadotropin-releasing hormone analog. These chemical agents, referred to as antiandrogens, act by breaking down and eliminating testosterone and inhibiting the production of leutinizing hormone through the pituitary gland, which in turn inhibits or prevents the production of testosterone. Because testosterone is associated with sexual arousal, the use of these agents generally results in a reduction of sexual arousal. This reduction in sexual arousal is assumed to also reduce the motivation for sexual offending in individuals predisposed to those behaviors.

c) Nonhormonal Agents for Managing Sexually Abusive and Paraphilic Behaviors

Despite there being no double-blind placebo-controlled treatments of the efficacy of selective serotonin reuptake inhibitors (SSRI) for the treatment of sexual offenders, SSRI have been reported to be the most commonly prescribed agents for sexual offenders, at least in the United States and Canada (i.e., 50.3% of community and 55.3% of residential programs in the United States, and 47.4% of community and 75% of residential programs in Canada, treating adult male sex offenders prescribe SSRI for clients).
As is the case with hormonal agents, the prescriptive use of nonhormonal pharmacological agents to treat sexual offenders will not address all etiologies and risk factors and should therefore be combined with psychotherapy specific to sexual offenders.

d) Pharmacological Treatment of Comorbid Psychiatric Conditions

Studies of sexual offenders, men with paraphilias, and those with nonparaphilic expressions of "hypersexuality" suggest that mood disorders (dysthymic disorder, major depression and bipolar spectrum disorders), certain anxiety disorders (especially social anxiety disorder and childhood-onset posttraumatic stress disorder), psychoactive substance abuse disorders (especially alcohol abuse), Attention-Deficit/Hyperactivity Disorder (ADHD), and neuropsychological conditions (e.g., schizophrenia, Asperger's syndrome, head injury) may occur more frequently than expected in sexually impulsive men, including sexual offenders.
Empirically established effective pharmacological treatments for mood disorders, ADHD and impulsivity are well documented. These conditions affect prefrontal/orbital frontal executive functioning and are associated with impulsivity; therefore, amelioration of those conditions could certainly affect, if not markedly ameliorate, the propensity to be sexually impulsive.

e) Practice Guidelines

Nonphysician treatment providers do not make specific recommendations about what medications should be prescribed. It is appropriate for treatment providers to refer clients to physicians who have experience working with individuals who sexually offend as possible candidates for pharmacological therapy. They can provide information about the role of pharmacological therapy in sexual deviancy treatment to the consulting doctor. Nonphysician treatment providers could consider referring clients to a physician for possible pharmacological therapy if these clients have relatively high levels of deviant sexual arousal, are considered to be at moderate to high risk for reoffending, or have not been able to achieve control over their deviant sexual arousal using sexual arousal conditioning procedures. Clients who repeatedly engage in impulsive or compulsive behavior, or who report a persistent inability to control deviant sexual fantasies, arousal or behavior may also be reasonable candidates for pharmacological therapy. Motivated and informed clients are often the best candidates for pharmacological therapy.
A physician prescribes medications only after a comprehensive sexual abuser evaluation has been completed. It is important to individualize medical treatment for the patient based on the patient's particular need, response, medical history and personal agreement with the treatment offered. Pharmacological therapy is linked to appropriate treatment and supervision and is medically monitored. As with any treatment, appropriate informed consent is obtained when pharmacological therapy is implemented. Informed consent includes a discussion of medication options, targeted symptoms, potential side effects, and the expected course of pharmacological therapy.
The use of medication may help clients manage their risk for sexually abusive behavior, but medications do not "cure" deviant sexual interests or fully eliminate the risk of reoffending.

f) Ethical Considerations

Research support for the effectiveness of pharmacological treatments such as testosterone-reducing agents is mixed. Without clear data regarding the efficacy of pharmacological treatments, providers should be sure to balance the risks of the interventions with potential benefits of treatment.

20 Ill. Adm. Code 1905.150 Psychophysiological Tools

Treatment providers and evaluators shall recognize that the usage of psychophysiological tools may be utilized in the assessment of offenders in relation to treatment progress, compliance with supervision, and support effective risk management and risk reduction. The following will detail each type of psychophysiological tool.

a) Phallometry

Phallometry is a specialized form of assessment used in treatment with individuals who have committed sexual offenses. Responsible use of phallometry results requires at least a rudimentary understanding of how phallometry works and its advantages and limitations. As with any instrument or procedure, treatment providers are familiar with current literature and obtain appropriate training before using or interpreting phallometric testing results. Examiners receive training in phallometric testing in order to become knowledgeable about the technical aspects of the equipment and the appropriate protocols for conducting phallometric testing specific to the equipment being used. Examiners are also familiar with the research evidence on the reliability and validity of phallometric testing.
Phallometric testing using penile plethysmography involves measuring changes in penile circumference or volume in response to sexual and nonsexual stimuli. Circumferential measures (measuring changes in penile circumference) are much more common than volumetric measures (measuring changes in penile volume), which are used in only a few laboratories worldwide. However, there is good agreement between circumferential and volumetric measures once a minimal circumference response threshold is reached. Therefore, circumferential measures are the focus of this subsection (a).
Phallometric testing provides objective information about male sexual arousal and is therefore useful for identifying deviant sexual interests during an evaluation, increasing client disclosure, and measuring changes in sexual arousal patterns over the course of treatment.
Phallometric test results are not used as the sole criterion for determining deviant sexual interests, estimating risk for engaging in sexually abusive behavior, recommending that clients be released to the community, or deciding that clients have completed treatment programs. Phallometric test results are interpreted in conjunction with other relevant information (for example, the individual's offending behavior, use of fantasy and pattern of masturbation) to determine risk and treatment needs. Phallometric test results are not to be used to draw conclusions about whether an individual has committed a specific sexual crime. As well, there are limited data available regarding the use of plethysmography with clients who have developmental disabilities and clients with an acute major mental illness. Therefore, treatment providers need to exercise caution in using phallometry with these populations and in interpreting and reporting phallometric results.
Prior to testing, examiners screen clients for potentially confounding factors such as medical conditions, prescription and illegal drug use, recent sexual activity, and sexual dysfunction. Clients with active, communicable diseases, particularly sexually transmittable diseases, are not to be tested until their symptoms are in remission.
Specific informed consent for the testing procedure and release forms for reporting test results are obtained at the beginning of the initial appointment. Laboratories have a standard protocol for fitting gauges, presenting stimuli, recording data and scoring.
Examiners use the appropriate stimulus set to assess sexual interests that are the subject of clinical concern. For example, examiners use a stimulus set with depictions of children and adults to test clients who have child victims or who are suspected of having a sexual interest in children. At a minimum, examiners have at least two examples of each stimulus category. Stimuli that are more explicit appear to produce better discrimination between individuals who sexually offend and control subjects than less explicit stimuli. It is important to ensure that the stimuli are good quality and avoid any distracting elements.
Treatment providers are aware of the applicable legislation in their jurisdiction regarding the possession of sexually explicit materials. If permitted to use visual stimuli for testing of sexual interest in children, examiners use a set of pictures depicting males and females at different stages of physical development, ranging from very young, prepubertal children to physically mature adults. The use of neutral stimuli, such as pictures of landscapes without people present, may increase the validity of the assessment. The inclusion of the neutral stimuli serves as a validity check because responses to sexual stimuli that are lower than responses to neutral stimuli might indicate faking attempts. Faking tactics include looking away from or not listening to stimuli. Audiotaped stimuli may also be used to assess sexual interest in children; if used, these stimuli clearly specify the age and sex of the depicted individuals.
For testing of sexual arousal to nonconsenting sex and violence, examiners using audiotapes include stimuli describing consenting sex, rape and sadistic violence. Stimuli depicting neutral, nonsexual interactions are also included. Stimuli can depict males or females, children or adults.
The phallometric testing report includes a description of the method used for collecting data, the types of stimuli used, an account of the client's cooperation and behavior during the testing, and a summary and description of the client's profile of responses. Client efforts to fake or other potential problems with the validity of the data or the interpretation of results are also reported.
The three most common means of scoring plethysmograph data are standardized scores, percentage of full erection, and millimeter of circumference change. Those using phallometric assessment are aware of the advantages and disadvantages of each scoring method. Research has found that standardized scores (e.g., z scores) increase discrimination between groups. Transforming raw scores to standardized scores for subjects who show little discrimination between stimuli can, however, magnify the size of small differences between stimuli. Raw scores, millimeter of circumference change, or scores converted to percentage of full erection may be clinically useful in the interpretation of results.
Deviance indices can be calculated by subtracting the mean peak response to nondeviant stimuli from the mean peak response to deviant stimuli. For example, a pedophilic index could be calculated by subtracting the mean peak response to stimuli depicting adults from the mean peak response to stimuli depicting prepubescent children. Thus, greater scores indicate greater sexual arousal to child stimuli.
Because the sensitivity of phallometric testing is lower than its specificity, the presence of deviant sexual arousal is more informative than its absence. Results indicating no deviant sexual arousal may be a correct assessment or may indicate that a client's deviant sexual interests were not detected during testing.
Research indicates that initial phallometric assessment results are linked with recidivism. Repeated assessments can be helpful to monitor treatment progress and to provide information for risk management purposes.

b) Viewing Time

Viewing time is a specialized form of assessment used in the treatment of individuals who have committed sexual offenses. Responsibly using the results of viewing-time measures requires treatment providers to have at least a rudimentary understanding of how viewing time measures work, as well as their advantages and limitations. As with any instrument or procedure, treatment providers should be familiar with current literature and obtain appropriate training before using or interpreting viewing time testing results.
Unobtrusively measured viewing time is used as a measure of sexual interest. The relative amount of time clients spend looking at pictures of children (who can be clothed, semiclothed or nude) is compared to the time that the same adult spends looking at pictures of adults. Research suggests that, as a group, individuals who have offended against children look relatively longer at stimuli depicting children than adults. Unobtrusively measured viewing time correlates significantly with self-reported sexual interests and congruent patterns of phallometric responding among nonoffending subjects. Little is known, however, about the value of retesting using viewing time as a measure of treatment progress.
As with any test, specific informed consent for the test procedure and release forms for reporting results are obtained prior to beginning testing. Examiners have a standardized protocol for presenting the stimuli, recording and scoring. Examiners are familiar with the reliability and validity of the test. In particular, it is important that examiners know the degree to which the viewing time measure being used has been validated for the client population being assessed. This technology has primarily been used to identify sexual interest in gender and age. As well, there is limited information specific to the use of viewing time with clients with developmental disabilities.
For testing sexual interest in children, examiners have a set of pictures depicting males and females at different stages of development, ranging from very young children to physically mature adults. It is important that stimuli are of good quality and avoid any distracting elements. Treatment providers who use sexually explicit stimuli are aware of applicable legislation in their jurisdiction about possession of these materials.
The test report includes a description of the method used for collecting data, the types of stimuli used, an account of the client's cooperation and behavior during testing, and a summary and description of the client's responses. Client efforts to fake or other potential problems with the validity of the data or the interpretation of results are also included.
As noted in this subsection (b), viewing time is not to be used as the sole criterion for determining deviant sexual interests, estimating a client's risk for engaging in sexually abusive behavior, recommending whether a client be released to the community, or deciding whether a client has completed a treatment program. Viewing time test results are interpreted in conjunction with other relevant information (for example, the individual's offending behavior, use of fantasy, the pattern of masturbation) and are never to be used to make inferences about whether an individual has committed a specific sexual crime.

AGENCY NOTE: Viewing time is a more accepted practice with juveniles and less intrusive than phallometry or polygraphy.

c) Polygraphy

Polygraph testing involves a structured interview during which a trained examiner records several of an examinee's physiological processes. Following this interview, the examiner reviews the charted record and forms opinions about whether the examinee was nondeceptive or attempting deception when answering each of the relevant questions.
Post conviction Sex Offender Polygraph Testing is a specialized form of general polygraph testing that has come into widespread use in the United States. Although all principles applicable to general polygraph testing also apply to post conviction sex offender testing, its unique circumstances generate additional challenges. Using post conviction sex offender testing responsibly requires treatment providers to have at least a rudimentary understanding of how polygraphy works, its advantages and limitations, and special considerations related to its integration into sex offender work. This subsection (c)(2) serves as a brief introduction to these issues. As with any instrument or procedure, treatment providers should be familiar with current literature and obtain appropriate training before using or interpreting polygraph results.
Post-conviction sex offender testing is intended to serve two objectives:

A) To generate information beyond what can be obtained from other self-reported measures; and

B) To explore and support compliance and gauge progress with respect to supervision expectations and treatment expectations and goals.

Some research indicates that the polygraph exam can lead to clients providing increased information regarding their offending; however, test validity and reliability often vary widely across studies. Therefore, it is important for providers to become informed about types of tests that produce the most accurate findings. As well, it is possible that some of the information obtained through post conviction sex offender testing might be fictitious, representing an accommodation to pressure for disclosures. The second objective of post conviction sex offender testing (enhanced supervision and treatment compliance) has received only limited empirical attention.
The American Polygraph Association, the National Association of Polygraph Examiners, and other polygraph associations have developed standards for certifying polygraph examiners who work in sex offender management and treatment, as well as standards for administering sex offender tests. Some states also regulate post conviction sex offender testing standards and procedures. Treatment providers are familiar with laws, state regulations, and association guidelines governing post conviction sex offender testing where they practice. Treatment providers work with examiners who meet certificate requirements and adhere to procedures recommended by a relevant polygraphists' organization.
Four types of post conviction polygraph exams are commonly performed with sex offenders:

A) Instant/Index Offense Tests are designed to explore and clarify discrepancies between the offender's and the victim's descriptions of the conviction offenses.

B) Sexual History Disclosure Tests are designed to facilitate a client's disclosure to their treatment providers of sexual history information, which may include sexually abusive or offense-related behaviors.

C) Maintenance/Monitoring Tests are designed to explore potential charges, progress and/or compliance relative to treatment, supervision and other case management goals, objects and expectations.

D) Specific Issue Tests are generally designed to explore a client's potential involvement in a specific prohibited behavior, such as unauthorized contact with a victim at a particular time.

Polygraph test accuracy is believed to be greatest when examiners focus on highly specified (i.e., single issue, narrow and concrete) questions. Treatment providers cooperate with examiners in structuring tests that are responsive to program needs without unnecessarily compromising accuracy considerations.
Limits of confidentiality are fully disclosed to clients prior to polygraph testing. Clients are informed in writing about how the results of polygraph exams will be used and who will receive the results. Clients are informed about the possible consequences to them as a result of the polygraph exam.
There is very limited empirical research on the use of polygraph with clients who have developmental disabilities and clients with low/borderline IQs. Therefore, additional caution is advised if treatment providers use polygraph in the management and treatment of these clients.
Polygraph charts are not the only means of monitoring offenders' behavior and are not to be the sole basis for significant case decisions. Examiner and examinee characteristics, treatment milieu, instrumentation, procedures, examination type, base rates of attempted deception in the populations being tested, and other idiosyncratic factors can affect accuracy and usefulness. Likewise, when questions are not highly specific, there is reason for concern regarding the results of polygraph testing for monitoring purposes.
Treatment providers' primary purpose for collecting sexual history information is the increased ability to design clinical interventions and other management strategies. The usefulness of post conviction sex offender polygraph testing as a clinical tool derives from its ability to elicit historical information, allowing psychosexual behavioral patterns to be more fully revealed, better understood and, therefore, more effectively managed and changed. Client disclosures of potentially incriminating information to mandated reporters can, however, lead to future prosecution. Treatment providers inform clients, in writing, of this potential dilemma and how it is addressed in their jurisdiction and program.
Polygraphy is not used as the sole criterion for determining deviant sexual interests, estimating a client's risk for engaging in sexually abusive behavior, recommending whether a client be released to the community, or deciding whether a client has completed a treatment program. Polygraph results are interpreted in conjunction with other relevant information to make these decisions. Polygraph results should be one of the many variables for treatment providers to utilize when changing a client's status in treatment.

Part 1910 Juvenile Sex Offender Evaluation and Treatment

20 Ill. Adm. Code 1910.10 Purpose

a) In 1997, the Illinois General Assembly approved legislation that established the Sex Offender Management Board. Since its inception, the Board has been charged with protecting victims and enhancing community safety. The purpose of this Part is to establish requirements for the evaluation, treatment, and monitoring of juvenile sex offenders to achieve these goals.

b) The following principles were developed to guide individuals and groups toward practices and systems that achieve the Board's goal of "no more victims":

Sexual abuse causes harm, and the safety of the community is paramount to any policy or practice concerning juveniles who commit sexual offenses.
All juveniles adjudicated for a sex offense described in Section 10 of the Sex Offender Management Board Act [20 ILCS 4026/10] must be provided a comprehensive evaluation designed specifically for juveniles who commit sexual offenses.
Comprehensive evaluation and treatment shall address the full range of the juvenile's sexually inappropriate behaviors, legal or illegal, and holistically describe the juvenile who commits sex offenses, including identifying the youth's strengths, weaknesses and needs.
A multidisciplinary team shall be established to ensure that the juvenile's need for treatment, supervision, and management and the victim's need for safety and well-being are met.

A) The team will make recommendations regarding the juvenile's placement in the community, supervision and treatment.

B) The team will engage the juvenile's family and/or caregivers in the process of decision making.

C) The team is responsible for ensuring that practices are guided and determined by the most current, empirically-based practices.

Decisions regarding any and all contact between the victim and the juvenile who committed the sexual offenses, including contact through family reunification, attendance at school, social activities and participation in treatment, will be based on community safety and the well-being of victims and the recommendations of the multidisciplinary team.
Progress in treatment must be demonstrated by a change in the juvenile's behaviors and attitudes that support sex offending, the elimination of sex offending and an increase in pro-social and interpersonal skills.

20 Ill. Adm. Code 1910.20 Definitions

Accountability: Accurate attributions of responsibility, without distortion, minimization or denial. Quality of being responsible for one's conduct; being responsible for causes, motives, actions and outcomes.

Act: Illinois Sex Offender Management Board Act [20 ILCS 4026]

Aftercare: Placement, services and monitoring that commence at the point when the multidisciplinary team approves completion of primary treatment and readiness for accountability through a less restrictive supervision plan. Aftercare requires continued input by members of the multidisciplinary team. The aftercare plan is developed by the multidisciplinary team prior to the juvenile's completion of treatment and addresses strengths, risks, deficits relative to treatment completion, follow-up, placement, and supervision.

Assessment: Standardized measurements, developed and normed for juvenile populations, and clinical interviews used to evaluate various domains of functioning and development, including cognitive, psychological, emotional, memory and learning, social stability, family dynamics, academics, vocational/career and accountability.

Board: Sex Offender Management Board.

Completion of Treatment: A series of accomplishments, demonstrated competence, and mastery of both constructs and improved results on instruments used in treatment, as determined by the treatment provider in consultation with the multidisciplinary team. Specifically, the completion of treatment is defined by the offender's accomplishment of the following:

demonstrated accountability for and disclosure of all offenses to ensure that there are no unreported victims;

elimination of offending behavior;

acceptance of the presence and management of deviant thinking and impulses;

development of pro-social attitudes and behaviors;

increase in situational skills, i.e., communication, problem solving, and decision making; and

establishment of safety plans for school and home.

Contact: Any verbal, physical or electronic communication, whether direct or indirect, between a juvenile who has committed a sexual offense and a victim or a potential victim.

Purposeful: A planned experience with an identifiable potential outcome.

Incidental: Unplanned or accidental; by chance.

Dispositional Behavior: As a direct result of the successful completion of treatment, changes in the behavior, attitude and personality of the juvenile who committed the sex offense and in those elements of his/her behavior, attitude and personality that were present at the time of the offense and supported the offending behavior as a result of successful completion of treatment.

Evaluation: A sex-offender specific evaluation that systematically uses a variety of standardized measurements, assessments and information gathered collaterally and through face-to-face interviews. Sex-offender specific evaluations assess risk to the community; identify and document treatment and developmental needs, including safe and appropriate placement settings; determine amenability to treatment; and are the foundation of treatment, supervision, and placement recommendations.

Informed Assent: Assent means compliance; a willingness to do something in compliance with a request. The use of the word "assent" rather than "consent" recognizes that juveniles who have committed sexual offenses are not voluntary clients and that their choices are, therefore, more limited. Informed means a person's assent is based on a full disclosure of the facts needed to make the decision intelligently, e.g., knowledge of risks involved and the alternatives.

Informed Consent: Agreement including all of the following:

understanding what is proposed, based on age, maturity, developmental level, functioning, and experience, and mental status;

knowledge of societal standards for what is being proposed;

awareness of potential consequences and alternatives;

assumption that agreement or disagreement will be respected equally; and

voluntary decision to comply with recommendations.

Informed Supervision: Informed supervision is the ongoing, daily supervision and monitoring of a juvenile who has committed a sexual offense by an adult who:

is approved by the treatment provider;

is aware of the juvenile's history of sexually offending behavior;

does not deny or minimize the juvenile's responsibility for, or the seriousness of the sexual offense;

can define all types of abusive behaviors and can recognize abusive behaviors in daily functioning;

is aware of the laws relevant to the sexual behaviors of juveniles;

is aware of the dynamic patterns associated with abusive behaviors and is able to recognize such patterns in daily functioning;

understands the conditions of community supervision and treatment;

can design, implement, and monitor safety plans for daily activities;

is able to hold the juvenile accountable for his/her behavior;

has the skills to intervene in and interrupt high risk patterns or behaviors;

can share accurate observations of daily functioning;

communicates regularly with members of the multidisciplinary team;

is not under the influence of alcohol or drugs or under professional care for mental health or substance abuse problems;

has not been convicted of or had any type of sexual abuse or offense allegations or charges substantiated by an official organization, agency or jurisdiction.

Juvenile: Any minor adjudicated for a sex offense under the jurisdiction of the juvenile court.

Milieu Therapy: A residential or day treatment program where employees interact with juveniles in a therapeutic manner regarding day-to-day living.

Multidisciplinary Team or MDT: The multidisciplinary team has primary responsibility for management and supervision of the juvenile through shared information and for monitoring the juvenile's progress in treatment and overall functioning in the various situations and environments that the youth encounters. The consensus of the MDT guides the development of recommendations regarding treatment, placement, and supervision. Members of the MDT should include the treatment provider, the supervising agent or officer, members of the juvenile's family, the caregiver, victim representative or advocate, school personnel, caseworker, law enforcement, coaches, employers or others who have relevant information about the juvenile.

Needs: Interpersonal issues to be addressed therapeutically or by specific intervention through treatment and the supervision plan.

Overall Health: Consists of personal and ecological aspects of a juvenile's life including physical, emotional, intellectual, social, relational, spiritual, educational, and vocational.

Potential Victim: A person who cannot reliably repel the unwanted sexual advances of the juvenile.

Recidivism: Return to sex offending after some period of abstinence or restraint. Recidivism may be measured by re-offenses that are self-reported or reported by a reliable informant, or by adjudication for subsequent sexual offenses.

Relapse Prevention: An element of treatment designed to address behaviors, thoughts, feelings, and fantasies that were present in the juvenile's instant offense, abuse cycle, and, consequently, relapse cycle. Relapse prevention is directly related to community safety. Evaluation of the individual's risk to re-offend shall be the basis of the safety plan and determine the level of supervision required.

Safety Planning: The purposeful planning of individualized, preventive interventions that the juvenile and others can use to moderate risks in specific situations and in day-to-day environments. The treatment provider shall develop the safety plan in consultation with the MDT. (Sample safety plans are available from the Board.)

Secondary or Indirect Victim: A family member or other person closely involved with the primary victim who is impacted emotionally and/or physically by the trauma suffered by the primary victim.

Sex Offense: An offense listed in Section 10(c) of the Sex Offender Management Board Act [20 ILCS 4026/10(c)].

Sex Offense Specific Treatment: A comprehensive set of planned therapeutic interventions and experiences to reduce the risk of further sexual offending and abusive behaviors by the juvenile. Treatment may include adjunct therapies to address the unique needs of the individual, but must include offense specific services by a treatment provider who meets the qualifications described in Section 1910.50. Treatment focuses on the situations, thoughts, feelings, and behavior that have preceded and followed past offending (abuse cycles) and promotes change in each area relevant to the risk of continued abusive, offending, and/or deviant sexual behaviors. Due to the heterogeneity of the juveniles who commit sex offenses, treatment is provided based on the individualized evaluation and assessment. Treatment is designed to stop sex offending and abusive behavior, while increasing the juvenile's ability to function as a healthy, pro-social member of the community. Progress in treatment is measured by change rather than the passage of time.

Sexual Abuse Cycle: A theoretical model of understanding the thoughts, feelings, behaviors, and events that fuel sex offending and abusive behavior.

Supervising Officer/Agent: A professional in the employ of State or county probation or parole, or the Departments of Corrections, Human Services, or Children and Family Services, who is responsible for community monitoring and case management.

Termination of Treatment: Removal from or stopping sex offense specific treatment due to changes in the juvenile's treatment needs, including but not limited to completion, lack of participation, increased risk, re-offense, or cessation of treatment that was mandated by the court for a specific period of time without successful completion of treatment.

Transition Point: Planned movement from one level of treatment and/or supervision to another.

20 Ill. Adm. Code 1910.30 Victim Centered Focus

a) The paramount goal of intervention with juveniles who commit sexual offenses shall be victim and community safety.

b) Victims shall have the exclusive right to determine the extent to which they will provide input to the management and treatment of the juvenile. Parents/guardians of the victim shall act on behalf of the victim to exercise this right in the best interest of the victim. (See 725 ILCS 120/4(a)(7).)

c) The only circumstance under which a victim and the perpetrator shall have contact or reside in the same home is when all other alternatives have been exhausted and:

there is a well-designed safety plan in place, which has been developed by an approved provider in collaboration with the MDT and its implementation is monitored by informed supervisors; and
the victim agrees, as expressed through an advocate for the victim.

d) Evaluation, treatment and supervision are intended to decrease recidivism among juveniles who commit sex offenses, thereby reducing the number of victims of sexual assault.

e) Treatment shall be clinically based with a clear plan to:

build on the youth's personal competencies;
improve the overall health of the juvenile and ensure that his/her environment promotes the development of internal and external resources to manage his/her sexual behavior; and
reduce recidivism.

20 Ill. Adm. Code 1910.40 Provider List

The Board will establish an approved provider list with the names of all individuals who are approved by the Board to provide evaluation and treatment of juvenile sex offenders, along with the category of services the providers are approved to provide (e.g., treatment or evaluation). Providers will be placed on the list if they complete the application process described in Section 1910.60, meet the requirements in Section 1910.50, and meet the qualifications and requirements that correspond to the designation sought.

a) Individuals who meet the qualifications of Section 1910.50(b) will be approved for conducting evaluations of:

Juveniles who have committed a sex offense that is a felony who are being considered for probation, pursuant to Section 16(b) of the Act; and
Juveniles found guilty of a sex offense pursuant to 705 ILCS 405/5-701.

b) Individuals who meet the qualifications of Section 1910.50(c) will be approved to provide sex offender treatment to any juvenile who is required to undergo treatment from a provider approved by the Board.

20 Ill. Adm. Code 1910.50 Provider Qualifications

a) General Requirements

An individual shall not provide evaluation or treatment services to juveniles who have committed sex offenses if he/she has:

A) been convicted of a felony;

B) been convicted of any misdemeanor involving a sex offense;

C) had a professional license placed on an inactive status, suspended, revoked or placed on probationary status for disciplinary reasons, unless the provider has been restored to full practice rights;

D) been found by any licensing body to have engaged in unethical or unprofessional conduct, unless the provider has been restored to full practice rights; or

E) been engaged in deceit or fraud in connection with the delivery of services or supervision or the documentation of their credentials.

A provider has a continuing duty to notify the Board if he/she becomes disqualified under this subsection (a).

b) Qualifications for Provision of Evaluations

Individuals who evaluate juveniles who have committed sex offenses must:

meet the definition of Licensed Practitioner of the Healing Arts (LPHA) as defined in 59 Ill. Adm. Code 132.25, which includes physicians licensed to practice medicine in all of its branches under the Medical Practice Act of 1987 [225 ILCS 60]; advanced practice nurses with a psychiatric specialty licensed under the Nursing and Advanced Practice Nursing Act [225 ILCS 65]; clinical psychologists licensed under the Clinical Psychologist Licensing Act [225 ILCS 15]; licensed clinical social workers licensed under the Clinical Social Work and Social Work Practice Act [ 225 ILCS 20]; licensed clinical professional counselors licensed under the Professional Counselor and Clinical Professional Counselor Licensing Act [225 ILCS 107]; or licensed marriage and family therapists licensed under the Marriage and Family Therapist Licensing Act [225 ILCS 55];
have 400 hours of supervised experience in the treatment/evaluation of sex offenders in the past 4 years, at least 200 of which are in face-to-face evaluation or treatment with juveniles who have committed sex offenses;
have completed at least 10 sex offender evaluations of juveniles who have committed sex offenses within the past 4 years; and
have at least 40 hours of documented training in the specialty of sex offender evaluation, treatment and management, 20 of which address juveniles who commit sex offenses, or work under the supervision of a provider who meets the requirements of this subsection (b).

c) Qualifications for Treatment Providers

Individuals who provide treatment must:

meet the definition of Licensed Practitioner of the Healing Arts (LPHA) as defined in 59 Ill. Adm. Code 132.25, which includes physicians licensed to practice medicine in all of its branches under the Medical Practice Act of 1987 [225 ILCS 60]; advanced practice nurses with a psychiatric specialty licensed under the Nursing and Advanced Practice Nursing Act [225 ILCS 65]; clinical psychologists licensed under the Clinical Psychologist Licensing Act [225 ILCS 15]; licensed clinical social workers licensed under the Clinical Social Work and Social Work Practice Act [225 ILCS 20]; licensed clinical professional counselors licensed under the Professional Counselor and Clinical Professional Counselor Licensing Act [225 ILCS 107]; or licensed marriage and family therapists licensed under the Marriage and Family Therapist Licensing Act [225 ILCS 55].
have 400 hours of supervised experience in the treatment of sex offenders in the past 4 years, at least 200 of which are in face-to-face treatment of juveniles who have committed sex offenses; and
have 40 hours documented training in the specialty of the evaluation, treatment and management of juveniles who have committed sex offenses, or work under the supervision of a treatment provider who meets the requirements of this subsection (c).

d) Career entrants (graduate or undergraduate students; trainees, interns and/or new employees) must have 20 hours of pre-service training and work under the supervision of a staff member who meets the requirements of subsections (a) and (b) or (c) of this Section.

e) Areas of training that will meet the requirements established in this Section include but are not limited to:

dynamics of juvenile sex offending
sexual assault cycle
prevalence of sexual assault
re-offense and risk of re-offense
offender characteristics
differences and similarities between juveniles and adults who commit sexual offenses
evaluation and assessment of juveniles
current professional research and practices
informed supervision: community management and supervision
interviewing skills
victim issues
sex offense specific treatment
qualifications and expectations of evaluators and treatment providers
relapse prevention
objective measurement tools
determining progress/outcome planning
denial
special needs populations
cultural, ethnic and gender awareness
family dynamics and interventions
developmental theory
trauma theory: secondary and vicarious
impact: professional's experience of secondary trauma

f) Client Records

Approved providers shall maintain client files in accordance with the professional standards of their individual disciplines and with Illinois law on health care records.
The contents of the case record shall reflect compliance with the standards of the Board.

20 Ill. Adm. Code 1910.60 Application

a) A provider seeking placement on the approved provider list must complete and submit to the Board an application form provided by the Board that contains the elements prescribed in this Section and identifies the services for which the provider seeks approval. The elements of the application include:

provider identification, including name, business address, telephone number, fax number and e-mail address;
a listing of the counties in which the applicant provides services;
a listing of any and all currently held licenses or certifications;
identification of any languages other than English in which the applicant is fluent and can provide services;
the applicant's separate attestations that none of the bars to eligibility listed in Section 1910.50(a)(1)-(5) apply;
separate attestations that the applicant meets each of the qualifications applicable to the types of service he or she will provide;
an agreement that the applicant will conduct sex offender evaluations and/or provide treatment in accordance with the requirements of this Part.
attestation that the applicant's submission of false information will result in removal from the approved provider list; and
an agreement to notify the Board immediately if the provider becomes ineligible under Section 1910.50(a)(1)-(5).

b) Applicants shall provide certified copies of degrees, licenses, certifications or any other documentation upon request of the application review committee.

c) Failure to provide any information requested by the committee, including certified copies of degrees, licenses or certifications, may result in denial of approval or removal from the approved provider list.

20 Ill. Adm. Code 1910.70 Application Review and Approval

Submitted applications will be referred to an application review committee, appointed by the Board, for review and approval.

a) The committee will consist of no fewer than 3 members, including one sex offense specific treatment provider, one sex offense specific evaluator, and one victim advocate.

b) No committee member holding a personal or financial interest in an application before the committee shall participate in the deliberation or the vote on approval of the application.

c) The committee shall review the application and, within 45 days after receipt of the application, shall either:

if it appears to the committee that all requirements for the type of approval applied for are met, direct that the applicant's name be added to the approved provider list and notify the applicant; or
if deficiencies are found in the application, notify the applicant of the deficiencies in writing. An application may be resubmitted after the deficiencies have been corrected.

20 Ill. Adm. Code 1910.80 Appeal of Application Denial

An applicant whose application for placement on the approved provider list is denied may appeal the decision of the application review committee by requesting review by the Board.

a) The request must be made in writing and received by the Board within 30 days after the denial was mailed to the business address supplied by the applicant.

b) The applicant must submit with the appeal all of the documentation necessary and available to support placement on the list.

c) Copies of the appeal, including supporting documentation, will be provided to each Board member, and the appeal shall be considered on the next regularly scheduled meeting of the Board held more than two weeks after receipt of the appeal.

d) The vote of the Board shall be final, and the Board will notify the applicant of the result within two weeks after the Board's action.

e) Individuals whose applications have been denied may re-apply when the circumstances leading to the original denial of placement on the approved provider list have substantively changed.

20 Ill. Adm. Code 1910.90 Removal from Provider List

The Board may rescind its approval of a person on the approved provider listing for any of the following reasons:

a) The provider was not, in fact, qualified for placement on the list at the time of application, but was placed on the list on the basis of false or erroneous information provided with the application.

b) Circumstances have changed so that the provider is no longer eligible for placement on the list under Section 1910.50(a).

c) The provider has substantially failed to follow the agreement to conduct evaluations and provide treatment in accordance with the requirements of this Part. For purposes of this Section, a substantial failure is one that is detrimental to the community and/or the juvenile who has committed a sex offense.

d) If a provider is removed from the list, the Board will inform any regulatory body with jurisdiction over the provider's professional license, if any.

20 Ill. Adm. Code 1910.100 Complaints Against Providers

Should any person have reason to believe that the Board's approval of a provider should be rescinded, the person may submit the concern to the Board in writing, together with any available documentation. Complaints will be reviewed in accordance with the procedures set forth in this Section.

a) The Board will refer the complaint to a committee it empowers for that purpose, and the committee will make a determination of whether the complaint alleges cause to rescind approval under Section 1910.90. The Board will notify the provider in question of receipt of a complaint and it nature, and if the complaint does allege cause to rescind, will request a written response from the provider within 30 days after receipt of the notice.

b) The committee shall review all information presented and determine whether the provider shall remain approved or whether approval shall be rescinded. The committee shall provide written notification of the decision, including the rationale, to the provider and the complainant within 30 days after the committee's receipt of the provider's response or, if there is no response, within 30 days after the committee's notification to the provider.

c) If the committee rescinds approval, it shall instruct the provider as to circumstances under which the provider may be reinstated.

d) For 35 days after the committee notifies the provider, the provider may appeal to the Board the decision of the committee to rescind approval. On appeal, the pertinent documentation shall be provided to the full Board for review at the next regularly scheduled meeting of the Board held more than 30 days after the receipt of the appeal. The provider shall have the opportunity to appear before the Board with respect to the appeal or, if unable to attend the meeting at which the matter is to be considered, to submit a statement to the Board. The provider shall be notified in writing of the decision of the Board within 30 days after Board consideration is complete.

e) The decision of the Board shall be final.

20 Ill. Adm. Code 1910.110 Ethical Standards

All providers of evaluation or treatment of juveniles who commit sex offenses subject to this Part are to adhere to the Ethical Principles in the Professional Code of Ethics (2001 Edition) published by the Association for the Treatment of Sexual Abusers (ATSA) (4900 S.W. Griffith Drive, Suite 274, Beaverton, Oregon 97005; Web: www.atsa.com). A copy of the Code is available at the Office of the Chair of the Board in the Office of the Illinois Attorney General, 100 W. Randolph St., 12th Floor, Chicago, Illinois 60601 or on the Board's web site at http://www.illinoisattorneygeneral.gov/communities/somb. This incorporation by reference does not include any later amendments or additions.

20 Ill. Adm. Code 1910.120 Confidentiality

a) Service providers shall notify all clients of the limits of confidentiality imposed by Illinois mandatory reporting requirements. (See the Abused and Neglected Child Reporting Act [325 ILCS 5].)

b) Juveniles who have committed sexual offenses and their parents or legal guardians shall be advised by the service provider to sign a consent for purposes of evaluation, treatment, supervision and case management, to protect victims or potential victims, and to support ongoing communication between members of the MDT.

c) In the absence of consent, the juvenile and parent/guardian must be fully informed by the service provider of alternative dispositions that may occur.

20 Ill. Adm. Code 1910.130 Evaluation

a) Juveniles who have been adjudicated for a sexual offense or for whom a continuance under supervision has been entered as a result of a sexual offense shall have a comprehensive evaluation.

b) The evaluation of juveniles who have committed sexual offenses has the following purposes:

To assess overall risk to the community;
To provide protection for victims and potential victims;
To provide a written clinical summary of the juvenile's strengths, risks, deficits, including any and all co-morbid conditions or developmental disorders;
To identify and document treatment and developmental needs;
To determine amenability for treatment;
To identify individual differences, potential barriers to treatment, and static and dynamic risk factors;
To make recommendations for the management and supervision of the juvenile; and
To provide information that can help identify the type and intensity of community based treatment, or the need for a more restrictive setting.

c) The evaluator shall describe to the juvenile and the parents or guardians

evaluation methods, how the information will be used, with whom it will be shared and the nature of the evaluator's relationship with the juvenile and with the court.

d) The evaluator shall respect the juvenile's right to be fully informed about the evaluation procedures.

e) The evaluator shall review the results of the evaluation with the juvenile and the parent or guardian.

f) The evaluator shall disclose his/her responsibility as a mandated reporter to report suspected or known child abuse to the Department of Children and Family Services and/or to make a referral to law enforcement if additional crimes have been committed by the juvenile being evaluated.

g) Evaluators shall select evaluation procedures relevant to the individual circumstances of the case and commensurate with their level of training and expertise.

h) Evaluation methods shall include the use of clinical interviews and procedures, screening level tests, self-report, observational data, advanced psychometric measurements, special testing measures, examination of juvenile justice information, psychological reports, mental health evaluations, school records, details of the offense, including victim statements, and collateral information, including the juvenile's history of sexual offending and/or abusive behavior. A combination of these shall be used to evaluate juveniles who commit sex offenses.

When clinically-indicated, evaluators may use physiological instruments such as the polygraph, plethysmograph or Abel Assessment so long as the instrument is suited for use with juveniles whose functioning is consistent with that of the juvenile being evaluated.
The provider must consult the MDT prior to the use of physiological instruments for juveniles who have committed sex offenses and are being evaluated.

20 Ill. Adm. Code 1910.140 Phases of Juvenile Evaluation

Evaluation shall occur in 5 phases:

a) Pre-trial investigation. The initial phase of information gathering shall involve law enforcement officers, child protective services, and other professionals deemed necessary for investigative purposes and management of community safety. Information and/or evaluations compiled before an admission of guilt are considered the least reliable and incomplete.

b) Presentence and post-adjudication evaluation. The evaluation focuses on dangerousness, risk, placement and amenability to treatment and must be completed prior to sentencing to identify the juvenile's level of dangerousness and risk, residential needs, level of care, and treatment referrals.

c) Ongoing needs assessment. Treatment planning and the juvenile's progress in treatment and compliance with supervision are reviewed on an ongoing basis. Level of risk shall be a critical consideration at transition points such as discharge from a residential treatment center to home or transfer from a campus school to a community school and includes considerations of level of functioning, monitoring, and follow-up.

d) Release or termination evaluation. Prior to discharge from treatment or a residential treatment center or when the level of care changes, e.g., upon release from DOC, the evaluation is updated with a focus on community safety, reduced risk, and successful application of treatment tools. The final evaluation report shall make recommendations for follow-up and aftercare services.

e) Follow-up/monitoring. Probation/parole or other supervising agents or the caseworker must continue monitoring the juvenile's level of risk and treatment needs for as long as the court retains jurisdiction.

20 Ill. Adm. Code 1910.150 Elements of Juvenile Evaluation

a) Evaluation of juveniles who have committed sexual offenses shall be comprehensive and ongoing. The evaluator shall be sensitive to any cultural, language, ethnic, developmental, sexual orientation, gender, gender identification, medical, and/or educational issues that may arise during the evaluation.

b) The comprehensive evaluation shall assess the juvenile in the following areas:

cognitive functioning, including educational history;
personality, mental health, mental disorders;
social/developmental history;
current individual functioning;
current family functioning;
sexual background and history, to include function and dysfunction;
delinquency and conduct/behavioral issues, including substance or alcohol abuse;
assessment of risk to re-offend;
community risks and protective factors;
victim impact;
external relapse prevention strategies, including informed supervision; and
amenability to treatment.

20 Ill. Adm. Code 1910.160 Evaluation Recommendations and Report

a) Recommendations regarding intervention shall be based on a juvenile's level of risk and needs as determined by the sex offender-specific evaluation.

b) Evaluation reports shall be provided in writing to members of the MDT, provided that consent has been given.

c) Evaluation reports shall:

describe the juvenile's strengths, deficits, risks for re-offense and all co-morbid conditions and/or developmental disorders;
recommend the management and supervision strategies for the juvenile;
recommend the type and intensity of treatment; and
recommend placement options that protect victims and potential victims ranging from placement in a family home through secure care in a locked facility.

20 Ill. Adm. Code 1910.170 Treatment

a) The primary treatment provider, in consultation with the MDT, shall refer juveniles living in the community, residential treatment programs, or correctional facilities for individual, group, or family therapy or other adjunct services.

b) Sex offense specific treatment shall be designed to address strengths, risks and deficits and all areas of need identified by the evaluation (described in Section 1910.60) and shall:

provide for the protection of past and potential victims and protect victims from unsafe or unwanted contact with the juvenile;
include treatment goals and interventions that are individualized to improve individual and family functioning and enhance the abilities of support systems to respond to the juvenile's needs and concerns;
favor continuity in caregiver relationships;
implement interventions that address the juvenile's need for pro-social peer relationships, activities, and success in educational/vocational settings;
define participation and informed supervision expectations for the juvenile, the family/caregivers, educators, and members of the juvenile's support systems;
develop detailed, long-term relapse prevention, safety, and aftercare plans to address risks and deficits that remain unchanged; and
describe relevant and measurable outcomes that will be the basis of determining successful completion of treatment.

20 Ill. Adm. Code 1910.180 Treatment Provider - Juvenile Contracts and Consent Agreements

a) Providers shall develop and utilize a written treatment contract and consent agreement with each juvenile who has committed a sexual offense prior to the commencement of treatment.

b) Treatment contracts and consent agreements shall address victim and public safety and shall be consistent with the conditions of the supervising agency. The treatment contract and consent agreement shall define the specific responsibilities and rights of the provider, and shall be signed by the provider, parent/guardian, and the juvenile. (Sample treatment plans are available from the Board.)

c) At a minimum, the treatment contract and consent agreement shall explain the responsibility of a provider to:

define and provide timely statements of the applicable costs of evaluation, assessment, and treatment, including all medical and psychological testing, physiological tests, and consultations;
describe the waivers of confidentiality, describe the various parties, including the MDT, with whom treatment information will be shared during the course of treatment, and inform the juvenile and parent/guardian that information may be shared with additional parties on a need to know basis;
describe the right of the juvenile or the parent/legal guardian to refuse treatment and/or to refuse to waive confidentiality, and describe the risks and the potential outcomes of that decision;
describe the procedure necessary for the juvenile or the parent/legal guardian to revoke the waiver and describe the relevant time limits;
describe the type, frequency, and requirements of treatment and outline how the duration of treatment will be determined; and
describe the limits of confidentiality imposed on providers by Illinois statutes on mandatory reporting [325 ILCS 5/4].

d) At a minimum, the treatment contract and consent agreement shall explain the responsibilities of the juvenile and his/her parent/guardian and shall include but are not limited to:

compliance with the limitations and restrictions placed on the behavior of the juvenile as described in the terms and conditions of diversion, probation, parole, Department of Human Services, community corrections, or the Department of Corrections, and/or in the terms of the agreement between the provider and the juvenile;
compliance with conditions that provide for the protection of past and potential victims, and that protect victims from unsafe or unwanted contact with the juvenile;
participation and progress in treatment;
payment for the costs of evaluation and treatment of the juvenile and family, if family treatment is identified as a treatment need in the evaluation;
notification of third parties (i.e., employers, partners, etc.); and
notification of the treatment provider of any relevant changes or events in the life of the juvenile or the juvenile's family/support system.

20 Ill. Adm. Code 1910.190 Treatment Plans

a) Providers, in concert with the MDT, shall develop written treatment plans with measurable goals based on the individualized evaluation and assessment of the juvenile.

b) Sex offense specific treatment methods and intervention strategies shall be used and shall include a combination of individual, group and family therapy unless contraindicated.

c) The treatment plan shall be reviewed by the treatment provider and the MDT at a minimum of every three months or at each transition point, and revisions shall be made as indicated by the youth's progress in treatment.

20 Ill. Adm. Code 1910.200 Treatment Methods

a) Sex offense specific treatment shall focus on eliminating abusive behavior by decreasing deviant thinking, impulses, and dysfunction; restructuring distorted thinking patterns that are supportive of continued offending; and improving overall health with the goal of decreased risk.

b) Sex offense specific treatment and intervention strategies shall be used and include a combination of individual, group, and family therapy unless contraindicated.

c) When clinically indicated, the provider may use physiological instruments such as the polygraph, plethysmograph, or Abel Assessment of Sexual Interests so long as the instrument is suited for use with juveniles whose functioning is consistent with that of the juvenile receiving treatment.

d) Empirically-supported treatment modalities currently indicated by research to be best practice based on treatment outcomes are preferred. The following are the preferred practices:

Individual therapy shall be used to address sex offense specific issues and attendant mental health issues, if present, and/or to support the juvenile in addressing issues in group, family, or milieu therapy. Provider to client ratio shall be 1:1.
Group therapy, proven to be one of the most effective treatment modalities for juveniles, is recommended and may be used to provide psycho-education, promote development of pro-social skills, and provide positive peer support. It may also be used for group process. Provider to client ratios shall be no less than 1:8 or 2:12.
Family therapy addresses family systems issues and dynamics. This model shall address, at a minimum, informed supervision, therapeutic care, safety plans, relapse prevention, reunification, and aftercare plans. Provider to client ratios shall be no less than 1:8 or 2:12. Because victims of juveniles who have committed sex offenses are often family members (e.g., younger siblings or foster siblings), the following conditions must be met prior to the initiation of family therapy:

A) The parent or guardian must give consent;

B) The victim must be receiving victim advocacy services, including therapy, and agree to participate in family therapy;

C) A child advocate for the victim must approve the victim's participation in family therapy in writing; and

D) The approved service provider, along with the MDT, has considered the risk of re-traumatization of the victim by having contact with the juvenile who committed the sex offense, and concluded that family therapy would be beneficial. Offender accountability and the assignment of responsibility are major determinants of whether family contact occurs.

Multi-family groups provide education, group process, and/or support for the parent and/or siblings of the juvenile. Inclusion of the juvenile is optional.

A) The treatment provider is responsible for establishing and maintaining confidentiality.

B) Staff to client ratios shall be designed to provide safety for all participants.

C) Provider to client ratios shall be no less than 1:8; 2:15; 3:18; or 4:24.

Psycho-education is required to teach definitions, concepts, and pro-social skills and must be offered in a group setting. Provider to client ratios shall be no less than 1:12 or 2:20.
Milieu therapy is used in residential treatment settings to supervise, observe, and intervene in the daily functioning of the juvenile. Provider to client ratios shall not be less than the following: 1:8 for juveniles 10-12 years of age; 1:10 for juveniles 13 years old and older.
Dyadic therapy is used when the treatment provider deems it beneficial and clinically appropriate.
Self-help or time limited treatments are used as adjuncts to enhance goal oriented treatment. Adjunct treatments must be complementary to sex offense specific treatment.

20 Ill. Adm. Code 1910.210 Progress Review and Discharge

a) At least quarterly, and in advance of planned discharge, the treatment provider shall convene the MDT to appraise the youth's progress in treatment and update the treatment plan based on progress reports from the treatment provider.

b) Discharge/termination recommendations shall be based on the youth's progress in treatment, improved functioning in home, school, and community, compliance with the safety plan, and acceptance of responsibility for the sex offense.

20 Ill. Adm. Code 1910.220 Successful Completion of Treatment

a) Successful completion of sex offense specific treatment requires the following:

accomplishment of all of the goals identified in the treatment plan;
demonstrated application in the juvenile's daily functioning of the principles and tools learned in sex offense specific treatment;
consistent compliance with treatment conditions;
consistent compliance with supervision terms and conditions; and
a completed written relapse prevention and aftercare plan that addresses remaining risks and deficits, and that has been reviewed and agreed upon by those responsible for the juvenile's treatment, care, support, supervision, and monitoring, including the MDT, the family and the community support system.

b) Any exception made to any of the requirements for successful completion of treatment shall be made by the treatment provider in consultation with the MDT. The treatment provider shall document the reasons for the determination that treatment has been completed without meeting all treatment requirements and note the potential risk to the community.

c) Based on a determination by the treatment provider and MDT, juveniles who pose an ongoing risk of harm to the victim or community, even though determined to have successfully completed treatment, will require ongoing supervision and/or treatment to manage their risk in aftercare as they re-integrate into the community.

d) The supervising officer/agency may seek a means of continued court ordered supervision, i.e., extension or revocation and re-granting of probation/supervision for a juvenile who has been otherwise compliant but has not achieved his/her treatment goals by an approaching supervision expiration date.

e) If the juvenile is no longer under the authority of the juvenile court, poses a known risk to others in the community, and is beyond the control of his or her parent, guardian or custodian, the treatment provider shall convene the MDT to consider petitioning the juvenile court to adjudicate the minor a "minor requiring of authoritative intervention".

f) If supervision is not continued and the juvenile has not completed treatment, the discharge summary shall note the continued risks and delineate the requirements for the juvenile's registration as a sex offender.

g) The MDT shall not recommend termination of sex offense specific treatment without completion. When the approved provider and the MDT have determined that a juvenile is not making progress and will not benefit from continued sex offense specific treatment, the juvenile shall be referred to the referring or placing agent for further action.

20 Ill. Adm. Code 1910.230 Multidisciplinary Team

The purpose of the MDT is to supervise and monitor the juvenile through shared information. The MDT may include clinical providers, supervising agents, parents or caregivers, and others who have relevant information about the juvenile. The information that is gathered is the basis of the ongoing assessment of risk, identifies any changes in the youth's clinical needs or need for supervision, and documents the juvenile's progress in treatment. The MDT meets at least quarterly.

a) The MDT may make recommendations regarding:

the juvenile's evaluation, treatment, treatment plan, safety plan, placement, and supervision;
any change in the level of supervision and/or in the juvenile's placement; and
any proposed contact between the victim and the juvenile who committed the sexual offense.

b) After adjudication or a continuance under supervision has been entered, and a referral to probation, parole, or out-of-home placement has been made, the MDT may be convened by the treatment provider, the supervising agent or the caseworker if one is assigned.

c) The convener of the MDT shall invite the following individuals to team meetings:

a designee from the supervising office/agent;
Department of Children and Family Services caseworker, if the Department is responsible for the juvenile;
the juvenile's caregiver (parent, guardian, residential placement representative);
the sex offense specific treatment provider (outpatient or residential) and all other clinical services providers;
the polygraph examiner, when utilized;
victim representative or advocate; and
others who can provide relevant information to the MDT.

d) At the first meeting, members of the MDT shall determine:

whether others are necessary to the composition of the MDT;
the frequency of MDT meetings:

A) if the schedule is different from the required quarterly meeting;

B) if meetings are scheduled because of a change in the youth's placement or level of supervision; or

C) if there is proposed contact with the victim;

the content and goals of team meetings, including the information that will be exchanged; and
who is responsible for maintaining records of the MDT's recommendations, decisions and actions.

20 Ill. Adm. Code 1910.240 Placement

a) The three goals of placement shall be the protection of victims and potential victims, community safety, and, as a part of treatment, building the competencies of the juvenile.

b) Unless there is a court order regarding a juvenile's placement, placement recommendations shall be developed collaboratively by the treatment provider and other members of the MDT. The MDT shall consider whether the placement is the least restrictive setting that can provide adequate supervision, structure, and treatment to prevent future offending behavior.

c) Parents or designated caregivers in any placement setting shall be informed about the juvenile's offense history, identified risks, treatment plan, and supervision needs. Placement should occur only if the parent/caregiver understands and agrees to comply with all supervision requirements.

d) Placement decisions and placement review shall be based on an appraisal of the juvenile's level of risk and clinical needs identified during the evaluation.

20 Ill. Adm. Code 1910.250 Polygraph Examinations of Juveniles

a) The approved provider, in consultation with the MDT, shall refer juveniles for polygraph examinations when therapeutically indicated.

b) Prior to administering a polygraph, the polygraph examiner shall make the final determination of the juvenile's suitability for polygraph examination based on factors such as developmental and cognitive functioning, mental health, etc.

c) The type and frequency of polygraph testing and the use of polygraph results in treatment and supervision shall be documented in the case record.

d) Before commencing any polygraph examination with any juvenile who has committed a sexual offense, the polygraph examiner shall document that the juvenile, at each examination, has been provided a thorough explanation of the polygraph examination process and the potential relevance of the procedure to the juvenile's treatment and/or supervision. Review and documentation of informed assent will include information regarding the juvenile's right to terminate the examination at any time and to speak with his/her attorney if desired.

20 Ill. Adm. Code 1910.260 Accountability and Assignment/Acceptance of Responsibility

a) As an integral component of treatment, offenders are expected to establish their accountability, describe the nature of their behavior, and list what steps they have taken to accept responsibility for the offense in accountability sessions with others (i.e., victim's parents, family members, siblings, neighbors, fellow students).

b) Assignment of the offender's accountability and responsibility for the offense is a process designed primarily to benefit the victim.

Assignment of responsibility is a lengthy process that occurs over time, usually beginning with the juvenile's reduction of denial and ability to accurately self-disclose about the offending behavior.
Information gained as a result of a specific issue polygraph is critical to the assignment of responsibility to the offender.

c) The offender accountability process and the assignment of responsibility must be approved by the treatment provider in consultation with the MDT and specifically include the victim's therapist or an advocate. The following criteria shall be used to determine whether the accountability/assignment of responsibility process shall occur.

The victim requests offender accountability and assignment of responsibility and the victim's therapist or advocate concurs that the victim would benefit.
Parents/guardians of the victim (if a minor) and the juvenile offender are informed of and give approval for the accountability process and assignment of responsibility.
The juvenile evidences empathic regard through consistent behavioral accountability, including an improved understanding of the victim's perspective, the victim's feelings, and the impact of the juvenile's offending behavior.
The juvenile is able to acknowledge the victim's statements without minimizing, blaming, or justifying.
All of the juvenile's statements should transfer any responsibility for the offense from the victim and to him/herself. The juvenile is prepared to answer questions, make a clear statement of accountability, and describe the rationale for victim selection to remove guilt and perceived responsibility from the victim.
The juvenile is able to demonstrate the ability to manage abusive or deviant sexual interest/arousal specific to the victim.
Any sexual impulses are at a manageable level and the juvenile can utilize cognitive and behavioral interventions to interrupt deviant fantasies as determined by continued assessment.

d) The MDT may:

collaborate with the victim if age appropriate, victim's therapist or advocate, guardian, custodial parent, foster parent and/or guardian ad litem in making decisions regarding communication, visits, and reunification, in accordance with court directives.
support the victim's wishes regarding contact with the juvenile to the extent that it is consistent with the victim's safety and well-being.
arrange contact in a manner that places victim safety first. The psychological and physical well-being shall be a primary consideration.

e) Contact between the victim and the juvenile who has committed the sex offense is first initiated through the process of assigning accountability and responsibility.

f) Contact includes verbal or non-verbal communication, which may be indirect or direct, between a juvenile who has committed a sexual offense and a victim.

g) Following commencement of the accountability/assignment of responsibility process and with the consensus of the approved provider and the MDT, contact may progress to supervised contact with an informed supervisor outside of a therapeutic setting.

20 Ill. Adm. Code 1910.270 Family Reunification

a) A goal of family reunification may be established only if victim safety and continued recovery can be assured.

b) The treatment provider, in collaboration with the MDT, shall make recommendations regarding reunification.

Family reunification shall never take precedence over the safety of any victim.
If reunification is indicated, after careful consideration of all the potential risks, the process shall be closely monitored by the approved provider and the MDT.

c) Reunification may be considered only when all of the following conditions are met:

the offender has accepted full responsibility for the offense;
the victim has received treatment and an advocate for the victim concurs with reunification;
the treatment provider and the MDT conclude that the juvenile has made significant progress toward goals and outcomes as evidenced in the quarterly review by the MDT; and
the treatment provider and the MDT have determined that the parent/guardian has demonstrated the ability to provide informed supervision and:

A) the parent/guardian demonstrates the ability to initiate consistent communication with the victim regarding the victim's safety;

B) the family believes the abuse occurred, has received support and education, and accepts that potential exists for future abuse or offending; and

C) the family has established a relapse prevention plan that extends into aftercare and includes evidence of a comprehensive understanding of the offending behaviors and implementation of safety plans.

d) With the MDT, the treatment provider shall continue to monitor family reunification and recommend services according to the treatment plan.

Family reunification does not indicate completion of treatment.
Reunification may illuminate further or previously un-addressed treatment issues that may require amendments to the treatment plan.

Chapter VIII Torture Inquiry and Relief Commission

Part 2000 Policy, Hearings and Forms

20 Ill. Adm. Code 2000.10 Definition of Terms

"Act" means the Illinois Torture Inquiry and Relief Commission Act [775 ILCS 40].

"Alternate member" means an individual appointed by the Governor to serve in the stead of a Commission member who cannot participate in a Commission vote due to scheduling conflicts, conflict of interest, disability or other disqualifications (see 2 Ill. Adm. 3500.10(c)).

"Chair" means the chair of the Commission, who is the retired judge appointed to the Commission by the Governor.

"Claim of torture" means a claim on behalf of a living person convicted of a felony in Illinois asserting that the person was tortured into confessing to the crime for which the person was convicted and the tortured confession was used to obtain the conviction and for which there is some credible evidence related to allegations of torture occurring within a county of more than 3,000,000 inhabitants. [775 ILCS 40/5(1)]

"Commission" or "TIRC" means the Illinois Torture Inquiry and Relief Commission. [775 ILCS 40/5(2)]

"Convicted person" means the person asserting a claim of torture under the Act. [775 ILCS 40/5(3)]

"Director" means the Director of the Commission, who is an attorney licensed to practice in Illinois. The Director assists the Commission in developing rules and standards for cases accepted for review, coordinating investigation of cases accepted for review, maintaining records for all case investigation, preparing reports outlining Commission investigations and recommendations to the trial court, and applying for and accepting on behalf of the Commission any funds that may become available from government grants, private gifts, donations, or bequests from any source. [775 ILCS 40/30]

"Occurring within a county of more than 3,000,000 inhabitants" means that the felony conviction at issue in the claim of torture occurred in the courts of a county of more than 3,000,000 inhabitants. (See Section 5(1) of the Act.)

"Tortured Confession" includes any incriminating statement, vocalization or gesture alleged by police or prosecutors to have been made by a convicted person that the convicted person alleges were a result of (or, if the convicted person denies making the statements, occurred shortly after) interrogation that the convicted person claims included torture. (See 775 ILCS 40/5(1).)

"Torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for the purpose of obtaining from that person a confession to a crime. (See 775 ILCS 40/5(1).)

"Victim" means the victim of the crime of which the person claiming torture has been convicted, including, if that person is deceased, the next of kin of that person, which shall be the parent, spouse, child, or sibling of the deceased. [775 ILCS 40/5(5)]

History

Source: Amended at 41 Ill. Reg. 3951, effective March 17, 2017

20 Ill. Adm. Code 2000.20 Duties and Powers of Commission

a) The Commission is an independent commission created by statute to implement an extraordinary procedure to investigate and determine factual claims related to certain allegations of torture.

b) The Commission has the duty and power to:

Establish the criteria and screening process to be used to determine which cases shall be accepted for review;
Conduct inquiries into claims of torture;
Coordinate the investigation of cases accepted for review;
Maintain records for all case investigations;
Prepare written reports outlining Commission investigations and recommendations to the trial court at the completion of each inquiry;
Apply for and accept any funds that may become available for the Commission's work from government grants, private gifts, donations or bequests from any source [775 ILCS 40/35]; and
Create, amend and utilize such forms, discovery demands, and subpoenas as may be necessary to perform its duties and exercise its powers.

c) In exercising its powers with respect to investigating claims, the Commission acts through its Director, subject to the general supervision of the Chair and, as appropriate, the Commission as a whole.

History

Source: Amended at 38 Ill. Reg. 19007, effective September 19, 2014

20 Ill. Adm. Code 2000.30 Nature of Investigations

The Commission shall conduct all investigations in a professional and thorough manner, and all investigations shall be properly documented and result in a written report of findings and a decision. The Commission does not represent any individual, but instead functions solely to determine if a claim of torture is credible and merits judicial review for appropriate relief.

20 Ill. Adm. Code 2000.40 Subpoenas

a) A subpoena may be issued to compel the attendance of witnesses. The subpoena shall bear the current address and phone number of the Commission, a citation to the statutory section authorizing the Commission to issue subpoenas, a unique TIRC subpoena number, the TIRC case number to which the subpoena relates, the address to which the witness is to report, the time at which the witness is to report and the signature of the Director or his or her designee.

b) A subpoena duces tecum may be issued to compel the production of records, correspondence or other documents. The subpoena shall bear the current address and phone number of the Commission, a citation to the statutory section authorizing the Commission to issue subpoenas, a unique TIRC subpoena number, the TIRC case number to which the subpoena relates, a description of the records sought, the date by which the records are to be returned and the signature of the Director or his or her designee.

c) Witness and mileage fees shall be the same as are paid witnesses in the Circuit Courts of the State of Illinois, as set forth in Section 4.3 of the Circuit Courts Act [705 ILCS 35/4.3].

d) Service on the subpoenaed person shall be by personal service, certified mail or facsimile, or by leaving a copy at the principal office or place of business of a subpoenaed corporation or partnership. A subpoena shall be served reasonably in advance of its return date.

History

Source: Amended at 38 Ill. Reg. 19007, effective September 19, 2014

20 Ill. Adm. Code 2000.50 Relief

a) If the Commission concludes there is sufficient evident of torture to merit judicial review, the Chair shall request the Chief Judge of the Circuit Court of Cook County to assign the case to a trial judge for consideration of the evidence and the appropriate relief. [775 ILCS 40/50(a)]

b) The Chair shall recommend that the case be assigned to a judge other than the judge who tried the criminal case and other than the judge who presided over any previous post-conviction proceedings.

c) The Commission has no authority to award monetary compensation, even if it concludes there is sufficient evidence of torture to merit judicial review for other relief.

d) A claim of torture asserted through the Commission does not adversely affect the convicted person's rights to other post-conviction relief.

e) The Commission has the discretion to refer its findings and written decision, along with the supporting record and evidence, to such other parties or entities as the Commission deems appropriate. [775 ILCS 40/45(d)]

20 Ill. Adm. Code 2000.60 Review of Decisions

a) The decisions of the Commission are final and are subject to review as final decisions under the Administrative Review Law [735 ILCS 5/Art. III] pursuant to which the decision may be overturned only if the court finds that it is against the manifest weight of the evidence. [775 ILCS 40/55(a)]

b) To facilitate judicial review by the Court, the Director shall file an administrative record. The administrative record filed with the Court shall consist of:

A decision stating the Commission's findings;
Any transcripts, statements, testimony or other evidentiary material presented to all of the Commissioners when the Commissioners reviewed the case;
A copy of an audio recording of the Commission's deliberations about the case. If, through a malfunctioning recording device or other mistake, a recording is not available, the Director shall substitute the portion of the minutes of the meeting or meetings describing the Commission's discussion and votes about the case.

History

Source: Amended at 38 Ill. Reg. 19007, effective September 19, 2014

20 Ill. Adm. Code 2000.10 Definition of Terms

"Act" means the Illinois Torture Inquiry and Relief Commission Act [775 ILCS 40].

"Chair" means the chair of the Commission, who is the retired judge appointed to the Commission by the Governor.

"Commission" or "TIRC" means the Illinois Torture Inquiry and Relief Commission. [775 ILCS 40/5(2)]

"Convicted person" means the person asserting a claim of torture under the Act. [775 ILCS 40/5(3)]

History

Source: Amended at 41 Ill. Reg. 3951, effective March 17, 2017

20 Ill. Adm. Code 2000.20 Duties and Powers of Commission

a) The Commission is an independent commission created by statute to implement an extraordinary procedure to investigate and determine factual claims related to certain allegations of torture.

b) The Commission has the duty and power to:

Establish the criteria and screening process to be used to determine which cases shall be accepted for review;
Conduct inquiries into claims of torture;
Coordinate the investigation of cases accepted for review;
Maintain records for all case investigations;
Prepare written reports outlining Commission investigations and recommendations to the trial court at the completion of each inquiry;
Apply for and accept any funds that may become available for the Commission's work from government grants, private gifts, donations or bequests from any source [775 ILCS 40/35]; and
Create, amend and utilize such forms, discovery demands, and subpoenas as may be necessary to perform its duties and exercise its powers.

History

Source: Amended at 38 Ill. Reg. 19007, effective September 19, 2014

20 Ill. Adm. Code 2000.30 Nature of Investigations

20 Ill. Adm. Code 2000.40 Subpoenas

c) Witness and mileage fees shall be the same as are paid witnesses in the Circuit Courts of the State of Illinois, as set forth in Section 4.3 of the Circuit Courts Act [705 ILCS 35/4.3].

History

Source: Amended at 38 Ill. Reg. 19007, effective September 19, 2014

20 Ill. Adm. Code 2000.60 Review of Decisions

b) To facilitate judicial review by the Court, the Director shall file an administrative record. The administrative record filed with the Court shall consist of:

A decision stating the Commission's findings;
Any transcripts, statements, testimony or other evidentiary material presented to all of the Commissioners when the Commissioners reviewed the case;
A copy of an audio recording of the Commission's deliberations about the case. If, through a malfunctioning recording device or other mistake, a recording is not available, the Director shall substitute the portion of the minutes of the meeting or meetings describing the Commission's discussion and votes about the case.

History

Source: Amended at 38 Ill. Reg. 19007, effective September 19, 2014

20 Ill. Adm. Code 2000.50 Relief

b) The Chair shall recommend that the case be assigned to a judge other than the judge who tried the criminal case and other than the judge who presided over any previous post-conviction proceedings.

c) The Commission has no authority to award monetary compensation, even if it concludes there is sufficient evidence of torture to merit judicial review for other relief.

d) A claim of torture asserted through the Commission does not adversely affect the convicted person's rights to other post-conviction relief.

20 Ill. Adm. Code 2000.60 Review of Decisions

The decisions of the Commission are final and are subject to review as final decisions under the Administrative Review Law [735 ILCS 5/Art.III] pursuant to which the decision may be overturned only if the court finds that it is against the manifest weight of the evidence. [775 ILCS 40/55(a)]

20 Ill. Adm. Code 2000.APPENDIX A Employee Confidentiality Agreement

ILLINOIS TORTURE INQUIRY AND RELIEF COMMISSION

Employee Confidentiality Agreement

It is the policy of the Illinois Torture Inquiry and Relief Commission (TIRC) to protect the confidentiality it receives, including information about investigations, confidential informants, and other sensitive information. As part of your employment with TIRC you may have access to, among other things, TIRC electronic data, investigation files, and other sensitive information, which is subject to the following conditions:

I,______________________________________, understand that the information that I encounter during my employment at TIRC is confidential. I also understand that disclosure of that information to any individual outside of TIRC could compromise an investigation. I agree to respect the confidentiality of individuals to whose records and identity I have access. If I have a question regarding the confidentiality of a particular piece of information, I will ask the Director of TIRC for advice.

With regard to electronic data, I,___________________________________, also understand that all such information is confidential, including the fact that an investigation has been opened. Access or use of electronic data is restricted to TIRC business and may not be used for other purposes or to satisfy personal curiosity. I agree to follow the policies and procedures established by TIRC for the use of the electronic data. Failure to do so may result in the revocation of my ability to access the data and/or disciplinary action, including termination of my employment.

I agree, by my signature below, that, absent authority by law or the express written consent of the Director, I will never disclose the existence of an investigation, its progress, its resolution, the TIRC recommendation, or any information about an investigation to any party other than the employees of TIRC and/or a Commission member. I understand that, even should the investigation become public, I am not permitted to discuss the investigation with anyone absent the express, written consent of the Director. I also understand that, upon termination of my employment with TIRC, I continue to be bound by this agreement and will not discuss even the existence of an investigation with anyone.

I understand that my failure to abide by this agreement may result in my immediate termination or other appropriate disciplinary action.

Employee Signature

Date

20 Ill. Adm. Code 2000.APPENDIX B Form to File Claim of Torture

FORM TO FILE CLAIM OF TORTURE WITH TIRC

Name and current address of person claiming to have been tortured:

Name and current address of person signing this form (if different than No. 1 above):

Details of claimant's felony conviction based upon allegedly tortured confession:

Circuit Court:

Year:

Crimes of Conviction:

Sentence:

Case Number (if known):

Details of alleged torture:

Law enforcement agency:

Dates:

Names of persons committing alleged torture:

Brief description of alleged torture:

As a result of the torture described above, did you confess to the offense of which you were convicted?

Yes

If you did confess, was that confession used against you to obtain the conviction?

Yes

Names and current addresses of persons who could support your claim:

Location of documentation supporting your claim:

Claimant or Person Signing on Claimant's Behalf

Date

20 Ill. Adm. Code 2000.APPENDIX C Tirc Waiver Form

TIRC WAIVER FORM

I, __________________________________________________________________, was born on _____________________________________. I have not consumed any drugs or alcohol in the last 24 hours, other than prescription medication consisting of ______________________ ________________________________________________, and I am not under the influence of drugs or alcohol at the present time. I am otherwise of sound mind and body.

I have filed, or caused to be filed on my behalf a Claim of Torture with the Illinois Torture Inquiry and Relief Commission (TIRC). I am represented by counsel, ____________________, who is present or has stated in writing (attached to this Waiver) that she/he cannot be present. I have discussed this Waiver thoroughly with my counsel, and I am satisfied with the advice I have received. If my counsel is not present, I am comfortable proceeding in counsel's absence.

It is my understanding that the TIRC, by statute, cannot investigate my Claim if I refuse to sign this Waiver, and that is the reason I am voluntarily signing it. No promises or threats have been made to induce me to sign the Waiver, other than the fact that the TIRC will agree to investigate my Claim, in accordance with its rules and procedures. No promises have been made to me by anyone as to what the outcome of that investigation will be.

It is also my understanding that, by signing this Waiver, I am giving up my procedural safeguards and privileges, including, but not limited to, giving up my right not to incriminate myself under the United States Constitution and the Constitution of the State of Illinois, pertaining only to the offense of conviction regarding which I am claiming torture. Anything I say pertaining to that offense that might incriminate me can and will be used against me in the investigation and/or a court of law. This waiver does not apply to matters unrelated to my claim of torture.

Finally, it is my understanding that I must continue to cooperate with the TIRC throughout the investigation into my claim of torture and that, if I refuse to cooperate at any time, the TIRC may terminate the investigation. I also realize that the TIRC has no power to award any money to me for any reason.

By signing this Waiver, I acknowledge that I have read this Waiver and discussed the terms of it with my counsel, and that is my free and voluntary decision to sign it. A copy of this signed Waiver will be provided to me.

Claimant

Date

Witness

Date

History

Source: Amended at 38 Ill. Reg. 19007, effective September 19, 2014

20 Ill. Adm. Code 2000.APPENDIX D Subpoena and Certificate of Service (repealed)

History

Source: Repealed at 38 Ill. Reg. 19007, effective September 19, 2014

20 Ill. Adm. Code 2000.APPENDIX E Subpoena Duces Tecum and Certificate of Service (repealed)

History

Source: Repealed at 38 Ill. Reg. 19007, effective September 19, 2014

20 Ill. Adm. Code 2000.APPENDIX F Fee Schedule for Duplication and Certification of Records (repealed)

History

Source: Repealed at 38 Ill. Reg. 19007, effective September 19, 2014

20 Ill. Adm. Code 2000.APPENDIX G Application and Order for Appointed Counsel Based Upon Indigency

IN RE: TIRC Claim No.:

APPLICATION FOR APPOINTED COUNSEL BASED UPON INDIGENCY

, on oath state:

I am employed as a(n)

My other sources of income (including spouse's income) or support are:

The amount of income that I expect for this year is $

My income for the previous year was $

The persons dependent on me for support are

My other sources of income are:

SSI Public Aid SNAP Benefits Family

Assistance Foster Care Aid to Aged, Blind and Disabled Temporary

Assistance for Needy Families General Assistance State Transitional Assistance

State Children and Family Services Other:

(per month).

The nature and value of property I own includes:

Real Estate (Describe property,

specify address, present value and mortgage liens outstanding.)

Cash, Bank Accounts, etc. $

Clothing and Jewelry $

Motor Vehicle − Model

Year

Value $

My monthly living expenses, including payments of debts and child support, are $

I am unable to pay the cost of counsel for this claim and to do so would cause a substantial

hardship on me and my family.

Signature of Applicant

ILLINOIS TORTURE INQUIRY AND RELIEF COMMISSION

ORDER

IN RE: TIRC Claim No. :

The Claimant, having demonstrated indigency, is appointed counsel for the limited purpose of advising Claimant regarding the Waiver procedure set forth in 2 Ill. Adm. Code 3500.350, and, if a Formal Inquiry is initiated pursuant to 2 Ill. Adm. Code 3500.375, regarding the Formal Inquiry as long as the Claim is pending before the Torture Inquiry and Relief Commission. Counsel is appointed to advise Claimant only with regard to Claimant's pending Claim before the Commission, and not about any other legal matters Claimant may have.

The Claimant's Application for appointed counsel is denied because the Application fails to demonstrate indigency.

Date

TIRC Chair

Chapter IX Department of Juvenile Justice

Subchapter a Administration and Rules

Part 2203 Public Relations

20 Ill. Adm. Code 2203.15 Responsibilities

20 Ill. Adm. Code 2203.20 Legislative Communications

The Legislative Liaison shall be responsible for informing and communicating with the General Assembly, subject to approval of the Director.

20 Ill. Adm. Code 2203.30 Public Information

20 Ill. Adm. Code 2203.40 News Media

a) Representatives of the media may be admitted to youth centers with approval of the Director. Access to youth centers shall be limited to normal business hours whenever reasonable.

b) Requests for interviews with Department employees shall be referred to the Director.

c) Face to face media interviews with committed youth under sentence of death shall not be permitted unless personally authorized by the Director. Other media coverage may be allowed by the Director or his or her designee. All such decisions shall be based upon, among other matters, the effect that an interview may have on the individual or other committed youth, and the effect upon safety, security, institutional order, or other penological concerns.

Media representatives may not photograph or interview a committed youth without first obtaining his or her written consent, the written consent of his or her guardian if the committed youth is under age 17, and the approval of the Director.
Members of the media may have access to committed youth under the same terms, conditions, and restrictions applicable to members of the general public.

d) Upon approval of a media request by the Director, the Director's office shall notify the Public Information Officer and the Deputy Director of the appropriate division.

20 Ill. Adm. Code 2203.50 Speaking Engagements

b) No fees or honoraria for personal use may be accepted by the individual making the presentation. If a sponsoring organization wishes to make a contribution, it shall be encouraged to donate to the Resident's Benefit Fund of a particular youth center or to another fund, project, or purchase that will benefit the committed youth population of a youth center.

20 Ill. Adm. Code 2203.60 Tours of Youth Centers

a) Tours of a youth center of the Department shall be subject to approval by the Chief Administrative Officer.

b) Tours of a maximum security youth center shall be restricted to persons 17 years of age or over except upon approval by the Director.

c) Ex-offenders, relatives, or close friends of committed youth may tour a facility only upon prior written approval of the Chief Administrative Officer.

e) Visitors shall be prohibited from political activities, including distributing any type of political or campaign material, while on State property.

Part 2206 Research and Evaluation

20 Ill. Adm. Code 2206.10 Applicability (repealed)

History

Source: Repealed at 44 Ill. Reg. 16804, effective September 29, 2020

20 Ill. Adm. Code 2206.12 Definitions

"Chief Administrative Officer" means the highest ranking official of a youth center.

"Department" means the Department of Juvenile Justice.

"Director" means the Director of the Department of Juvenile Justice.

20 Ill. Adm. Code 2206.15 Responsibilities

20 Ill. Adm. Code 2206.20 Requirements for Submitting Research Proposals

a) Any request to conduct research or an evaluation study involving former or present committed youth, employees, programs or facilities, whether originating inside or outside the Department, shall be in writing and shall be submitted to the Director for review and authorization.

b) The person or entity requesting the research or study shall provide the following written documentation prior to approval of the request:

A formal research proposal including:

A) names and vitae of the researchers;

B) abstract of the project, including purpose, methodology, duration, the number of subjects, amount of time required for each subject, and steps to ensure participant confidentiality and anonymity in the data collection process and in the reporting of findings;

C) data sharing agreement;

D) dissemination plan;

E) testing or measurement instrument; and

F) Department resources to be utilized;

Sources of funding, grants awarded or descriptions detailing intentions to respond to official requests for proposals;
Approval obtained from a Human Subjects Research Committee and/or Institutional Review Board, when applicable;
A signed research agreement that shall contain a statement that any rights of privacy, informed consent, confidentiality and protection from harm are met in accordance with accepted professional and scientific ethics and that the requirements of any applicable Illinois and federal law or regulation have and will continue to be met; and
Any other information deemed necessary to the authorization process.

History

Source: Amended at 44 Ill. Reg. 16804, effective September 29, 2020

20 Ill. Adm. Code 2206.30 Criteria for Approval or Denial of Research Proposals

All requests for research and evaluation shall be approved by the Deputy Director of the appropriate Division and the Director.

a) The request shall be reviewed to determine if the proposed study is ethical, feasible, methodologically sound and relevant to the needs and goals of the Department.

b) Research requests may be denied for reasons that may include, among other factors, the nature and risk of the research, concern for security and the level of demand on staff time and Department finances.

c) Research projects involving use of committed youth in medical, cosmetic or pharmaceutical experiments shall not be permitted.

History

Source: Amended at 44 Ill. Reg. 16804, effective September 29, 2020

20 Ill. Adm. Code 2206.40 Requirements for Conducting Research Projects

a) The researcher shall provide periodic reports on the progress of the research project as required. Any changes in the scope or methodology of the project shall be reported.

c) Prior to publication of the results of a research project, the researcher shall provide copies of the material accepted for publication to the Department for informational purposes.

d) Following publication, additional copies may be provided for the Department without cost, if so specified in the signed research agreement.

History

Source: Amended at 44 Ill. Reg. 16804, effective September 29, 2020

Part 2207 Records of Youth

20 Ill. Adm. Code 2207.15 Responsibilities

20 Ill. Adm. Code 2207.17 Definitions

"Chief Administrative Officer" means the highest ranking official of a youth center.

"Department" means the Department of Juvenile Justice.

"Director" means the Director of the Department of Juvenile Justice.

20 Ill. Adm. Code 2207.20 Required Admission Documents

a) When a youth is delivered to the custody of the Department, the following information must be included with the items delivered:

Pursuant to Sections 3-10-1 and 5-4-1 of the Unified Code of Corrections [730 ILCS 5/3-10-1 and 5-4-1] and Section 5-33 of the Juvenile Court Act of 1987 [705 ILCS 405/5-33]:

A) The sentence imposed.

B) Any finding of great bodily harm made by the court.

C) Any statement by the court of the basis for imposing the sentence.

D) Any pre-sentence reports.

E) Any sex offender evaluations.

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

G) The number of days, if any, that the youth has been in custody and for which he or she is entitled to credit against the sentence. Certifications 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.

H) State's Attorney's Statement

i) The State's Attorney's Statement of Facts, including:

• the facts and circumstances of the offenses for which the youth was committed;

• any other factual information in regard to the youth accessible to the State's Attorney prior to the commitment to the Department relative to the youth's habits, associates, disposition and reputation; or

• other information that may aid the Department during the custody of the youth.

ii) 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.

I) Any medical or mental health record or summaries.

J) Any victim impact statements.

K) The name of the municipalities where the arrest of the youth and the commission of the offense occurred, if the municipality has a population of more than 25,000 persons.

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

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, when 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 youth, including, at a minimum, identification of the type of pre-trial program the youth participated in and the number of eligible days the court finds the youth spent in the pre-trial program multiplied by the calculation factor of 0.5 for the total court-awarded credit.

A record of the youth's time and his or her behavior and conduct while in the custody of the county. Any action on the part of the youth 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.

b) If the required items listed in this Section are not received at the time of delivery of a youth, admission to the Department's facilities may be denied.

20 Ill. Adm. Code 2207.305 Responsibilities

20 Ill. Adm. Code 2207.307 Definitions

"Chief Administrative Officer" means the highest ranking official of a youth center.

"Department" means the Department of Juvenile Justice.

"Director" means the Director of the Department.

20 Ill. Adm. Code 2207.310 Access to Records

a) The master record files of youth shall be confidential and access shall be limited to authorized persons. Youth shall not be permitted access to their master record files except as expressly permitted by law, including this Subpart.

b) Medical records shall be disclosed to a youth or to his or her authorized agent upon receipt of a written request for the information and a release signed by the youth.

c) The medical records of a deceased youth shall be released upon presentment of a certified copy of the death certificate and:

Tender of letters of office and a signed release from the Executor or the Administrator of the person's estate; or
A Durable Power of Attorney for Health Care authorizing the release of the medical records to the agent and a signed release from the authorized agent; or
If no executor, administrator or agent exists:

A) An authorized relative certification and release signed by the authorized relative; or

B) A notarized affidavit of heirship and a release signed by the next of kin.

d) Personnel of other correctional, welfare, educational or law enforcement agencies may have access to a youth's files, as approved by the Chief Administrative Officer. The use and redisclosure of these files shall be consistent with applicable State and federal laws.

e) Access to the master record file of a person no longer in custody of the Department shall be provided in accordance with procedures applicable to youth.

f) The Department may require payment of copying costs for any records produced.

20 Ill. Adm. Code 2207.320 Disclosure of Master Record File Material for Youth Committed to the Department - Court Agreement

a) Definitions

Youth – A person who is or has been committed to the Illinois Department of Juvenile Justice, pursuant to Section 5-33 of the Juvenile Court Act of 1987 [705 ILCS 405/5-33] or Section 5-8-6(c) of the Unified Code of Corrections [730 ILCS 5/5-8-6(c)]. This Section does not apply to record access for deceased youths.
Parent – The natural mother or father or an adoptive parent of a youth, except a natural or adoptive parent whose parental rights have been terminated by Sections 2-29, 3-30, 4-27, or 5-31 of the Juvenile Court Act of 1987 [705 ILCS 405/2-29, 3-30, 4-27, or 5-31] or Section 17 of the Adoption Act [750 ILCS 50/17].
Guardian – Individual(s) appointed by courts as guardian of the youth.
Authorized attorney – A lawyer authorized in writing by the youth to inspect and copy his or her master record file; or a lawyer appointed by a court as attorney for a youth.
Records subject to inspection and copying – This information is contained in the following documents: discharge order, face sheet, cancellation of warrants, warrants for apprehension, administrative-statewide transfer order, order of temporary transfer, dispositional order, court writs, preliminary hearing of aftercare release violation, notice of charges, notification of alleged aftercare release violations, police reports, report on youth's return to reception center, verification of birthdate, medical and dental records, reception center testing, academic assessments, vocational goals inventory, Department of Human Services-Division of Rehabilitation Services referrals, chronological recording of activities and treatment by counselor assigned, monthly staffing conference reports, physical exam, medications record, immunization cards, special concerns, consent for treatment, release of medical information, monthly progress reports, group life adjustment, daily conduct reports, achievements, summary letters to Prisoner Review Board, academic or vocational progress reports, program assignment record, institutional goals and treatment plan, performance agreements, commendation reports, reports of disciplinary action, letters to and from institution requesting information, trust fund records, youth's transfer request, medical referrals, administrative memos, unusual incident reports, clinical transfer orders or action requests, authorized absence requests-approvals, correspondence, youth advocate's reports, notice of eligibility for aftercare release, requests for special action, medical restrictions, illness and injuries record, school transcript, Prisoner Review Board sheet, official notice of aftercare release, special orders and orders rescinding aftercare release, clothing inventory, and personal property inventory.
Records subject to inspection and copying with professional guidance – This information is contained in the following documents: assessment and assignment report, special case review, intake worksheet, social history, chaplain's reports, psychological evaluation and classification reports, psychiatric evaluation report, clinical correspondence and clinical reports from other agencies, psychiatric reports, administrative reviews, annual reviews, special case reviews, notice of eligibility of aftercare-narrative progress report, diagnostic treatment note(s), and psychological consultation referral(s).
Information not subject to inspection and copying by a youth, a parent or a non-institutional guardian – Information reported in records contained in a master record file, the disclosure of which a clinician certifies in writing would result in a specific harm to the youth, a parent or a non-institutional guardian.
Clinician – A psychiatrist, psychologist, or physician employed by the Department of Juvenile Justice.
Authorized personnel of the Department – All program or security personnel in the institutional or field services divisions of the Illinois Department of Corrections.
Other correctional, welfare and law enforcement agencies – Agencies designated in writing from time to time by the Director subject to Section 1-7 of the Juvenile Court Act of 1987, [705 ILCS 405/1-7].
Receiving agencies – A Department or agency to whom custody of a youth is transferred by administrative order to the Department or by a court order.

b) Rights of and Limitations on Record Access

A youth, an authorized attorney, a parent, a guardian, personnel of other correctional, welfare or law enforcement agencies or receiving agencies may inspect and copy all records contained in the person's master record file, provided:

A) The youth consents in writing to the inspection and copying of such records by an authorized attorney, a parent or non-institutional guardian;

Authorized personnel of the Department may inspect and copy records.
All requests by the youth, authorized attorneys, parents and non-institutional guardians to copy or inspect file material shall be made in writing.
The Department shall comply with all written requests for records subject to inspection and copying within 15 days, and with all written requests for records subject to inspection and copying with professional guidance within 30 days, upon payment of copying costs except where waived by the Department upon a showing of indigency by the youth, parent, non-institutional guardian, or authorized attorney.

c) Processing of Requests for Record Access

With regard to the master record files of youths in Illinois youth center facilities or on authorized absence from, or transferred to an Illinois Department of Human Services facility from a youth center:

A) All written requests for inspection and copying should be directed to the Chief Administrative Officer of the Illinois youth center facility.

B) The youth's assigned counselor or other program staff person:

With regard to the master record files of youths currently on aftercare release:

A) All requests for inspection and copying should be directed to the Chief Administrative Officer of the institution from which the youth was placed on aftercare release.

B) The Chief Administrative Officer:

With regard to the master record files of persons formerly committed to the Department:

A) All requests for inspection and copying should be directed to the supervisor of the microfilm center in Springfield.

B) The supervisor will contact the Chief Administrative Officer of the institution from which the youth was released or placed on aftercare release.

A clinician shall examine all records submitted for review. If the clinician certifies in writing that the disclosure to a youth, a parent, or a non-institutional guardian of information would result in a specific harm to such individuals:

A) The information may be deleted from records inspected and copied by the individuals who would be harmed;

B) The clinician's certificate shall be attached to such records inspected and copied by all individuals.

The Department shall maintain a record in each master file which indicates:

A) The parties who have requested to inspect or copy records from the master record file;

B) The records inspected or copied from the master record file.

20 Ill. Adm. Code 2207.405 Responsibilities

20 Ill. Adm. Code 2207.410 Definitions

"Chief Administrative Officer" means the highest ranking official of a youth center.

"Department" means the Department of Juvenile Justice.

"Director" means the Director of the Department.

20 Ill. Adm. Code 2207.420 Right to Access and Review

All persons, including youth, have the right to review copies of their Criminal History Record Information from local criminal justice agencies, any state and the Federal Bureau of Investigation, and to challenge the content of these records (see 42 USC 3789(f) and (g) and 28 CFR 20).

20 Ill. Adm. Code 2207.430 Requests for Access and Review

a) A request to obtain access to and review Criminal History Record Information, local, state or federal, shall be made in writing to the office designated by the Chief Administrative Officer.

b) A staff member shall inform the youth of any applicable fees and assist the youth in completing and processing all applicable forms.

c) Upon receipt by the facility of the transcript of the Criminal History Record Information, the youth shall be allowed to review the transcript while in the presence of a staff member.

d) The youth shall, upon request, be provided with a copy of the transcript that has been stripped of all personal identifiers, including, but not limited to, the names and addresses of the youth, victims or witnesses.

20 Ill. Adm. Code 2207.440 Challenge of Record

a) If a youth is not satisfied that his or her Criminal History Record Information is accurate, he or she may submit a written request to challenge the record.

b) A staff member shall advise the youth of the challenge, appeal and complaint process, and the Staff member shall assist him or her in preparing the appropriate forms for submission.

c) If the criminal history record is corrected, the youth may submit a written request for a listing of all non-criminal justice agencies that have received a copy of his or her criminal history record.

Part 2212 Internal Investigations

20 Ill. Adm. Code 2212.12 Definitions

"Chief Administrative Officer" means the highest ranking official of a youth center.

"Department" means the Department of Juvenile Justice.

"Director" means the Director of the Department of Juvenile Justice.

"Electronic Recording" means creating an audio or video record by means such as motion picture, audiotape, videotape, or digital recording.

"Interrogation" means an interview during which a question is asked that is reasonably likely to elicit an incriminating response.

"Youth" means a person committed to the Department or to the custody of the Department.

20 Ill. Adm. Code 2212.15 Responsibilities

20 Ill. Adm. Code 2212.30 Reporting of Incidents

a) Each employee shall completely and accurately document any unusual incident that he or she observes or that is reported to him or her, including any:

Serious disturbance;
Physical or sexual assault or use of force;
Death, suicide, or suicide attempt;
Major loss or damage to property;
Fire;
Use or discharge of a weapon;
Use of chemical agents; and
Other incidents as determined by the Chief Administrative Officer.

b) The employee shall promptly prepare the Incident Report and forward the report to the Director.

20 Ill. Adm. Code 2212.35 Investigation of Incidents

a) All unusual incidents, suspected violations of criminal law, or serious violations of departmental rules shall be investigated as determined necessary by the Director.

20 Ill. Adm. Code 2212.37 Interrogations

20 Ill. Adm. Code 2212.40 Polygraph Examinations

a) Polygraph examinations may be administered as approved by the Director.

b) The employee or youth asked to submit to a polygraph examination shall be informed of the nature of the incident being investigated and his or her alleged involvement or knowledge of the incident. An employee or youth who refuses to take such an examination may not be disciplined for refusing to do so.

c) The scope of the examination shall be limited to matters related to the incident under investigation.

d) The employee or youth shall be advised that the results of the examination will be made known to him or her upon receipt of the results by the employing youth center and that he or she may, upon review of the results, submit a written request for a copy of the results to the Division of Investigations and Intelligence. A copy of the results shall be provided within five days after receipt of the written request.

20 Ill. Adm. Code 2212.50 Referral for Prosecution

Part 2220 Rules of Conduct

20 Ill. Adm. Code 2220.10 Applicability

This Part applies to all persons who provide personal services or delivery of services, including Department of Juvenile Justice (Department) employees, contractual employees, and volunteers. Youth's visitors shall comply with the rules set forth in 20 Ill. Adm. Code 2525.

20 Ill. Adm. Code 2220.15 Responsibilities

20 Ill. Adm. Code 2220.20 Definitions

"Department" means the Department of Juvenile Justice.

"Employee", for the purposes of this Part, means persons who provide personal services or delivery of services, including Department employees, contractual employees, and volunteers.

"Offender" means any person committed to the custody of the Department or Department of Corrections, including those persons released on parole, aftercare or mandatory supervised release.

20 Ill. Adm. Code 2220.30 Conduct of Individuals

20 Ill. Adm. Code 2220.40 Compliance with Laws and Regulations

a) Employees shall obey all federal, State, and local laws and applicable court decisions and orders related to the performance of their services to the Department.

b) Employees shall verbally report as soon as possible and shall submit a written report within five working days after any:

Arrest, indictment or conviction for a felony or a misdemeanor, other than a minor traffic offense such as a parking ticket, to their immediate supervisor. Driving under the influence is a reportable offense. The report shall specify the facts forming the basis for the arrest, indictment, or conviction and the caption of the case.

B) Any employee who is charged and convicted of a felony shall be terminated from employment.

Order of protection against any employee. The report shall specify the facts for the order of protection and include a caption of the case and the length of the order.

A) Any employee who has an order of protection against him or her shall provide a copy of the order of protection or emergency or amended order of protection with his or her written report.

B) Any employee who has an order of protection against him or her that prohibits the possession or use of a firearm shall not be issued a weapon for the duration of the order.

Admission as an inpatient in a mental hospital, if the employee is authorized to carry a firearm.

A) Any employee who has been admitted as an inpatient in a mental health hospital in the last five years is prohibited from receiving a firearm or ammunition.

B) Following an admission as an inpatient in a mental health hospital, employees authorized to carry a firearm shall submit either a court order or waiver from the State Police pursuant to Section 10(c) of the Firearm Owners Identification Card Act [430 ILCS 65/10(c)] lifting the prohibition from possession of a firearm and firearms ammunition or be terminated.

c) Employees shall comply with departmental rules, written procedures, bulletins and written or verbal orders issued by Department authorities.

d) Employees shall utilize State equipment, property, or services only as authorized by the job assignment.

e) Employees shall have a valid driver's license and, at minimum, be covered by liability insurance prior to transporting youth in vehicles.

f) Employees shall cooperate with any investigation conducted by internal investigators and other investigative authorities, including the Office of the Executive Inspector General.

g) Employees shall respect the confidentiality of information and shall be prohibited from accessing or disclosing information such as, but not limited to, investigations, youth records, and personnel issues, except to the extent required in the performance of their job duties.

20 Ill. Adm. Code 2220.50 Socializing with Committed Persons

20 Ill. Adm. Code 2220.60 Bribes, Gifts, and Gratuities

a) Employees shall not accept or request bribes as an inducement to perform or not to perform any act related to their dealings with the Department.

c) Employees shall not intentionally solicit or accept any gift from any prohibited source in accordance with 5 ILCS 430/10. This ban applies to spouses of and immediate family living with employees.

d) Such offers shall be reported immediately in writing to the employee's supervisor.

20 Ill. Adm. Code 2220.70 Trading or Trafficking

Individuals shall not trade or traffic with, or aid, abet, or solicit unauthorized actions by, offenders or releasees.

20 Ill. Adm. Code 2220.80 Conflicts of Interest

b) Employees' positions at the Department shall be considered primary employment. Employees shall not accept secondary employment unless the request is approved by the Department.

20 Ill. Adm. Code 2220.90 Information to Be Reported

a) Employees shall immediately report to their supervisor any information indicating a violation or attempted violation of criminal laws, or a threat to the safety and security of the youth center, its property or any person, including information regarding a potential escape.

b) Reports shall be made verbally and, if requested or if required, reports shall be made in writing in the manner directed by the employee's supervisor.

20 Ill. Adm. Code 2220.95 Giving False Information

Employees who knowingly provide false information shall be subject to disciplinary action, including termination of employment.

20 Ill. Adm. Code 2220.100 Violation of Rules

Failure to comply with any of the foregoing rules of conduct may result in discipline, termination of services, or restriction from entering all or some Department facilities.

Subchapter b Fiscal and Business Management

Part 2305 Funds of Committed Youth

20 Ill. Adm. Code 2305.15 Definitions

"Chief Administrative Officer" means the highest ranking official of a youth center.

"Department" means the Department of Juvenile Justice.

"Director" means the Director of the Department of Juvenile Justice.

20 Ill. Adm. Code 2305.17 Responsibilities

20 Ill. Adm. Code 2305.20 Account Interest

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

20 Ill. Adm. Code 2305.30 Banks

A committed youth may have an account with a federally insured financial institution. The committed youth shall be responsible for controlling his own savings passbook or deposit certificates.

20 Ill. Adm. Code 2305.40 Withdrawals and Transfers of Funds

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

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

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

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

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

20 Ill. Adm. Code 2305.50 Restrictions

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

b) Employees of a youth center may not be co-signers on any committed youth's account nor may they function as agents.

c) Cashier's checks, money orders and business checks shall be accepted for deposit to a committed youth's account, subject to the restrictions imposed by this Section. For purposes of this Section a business check shall mean a check written on any agency's or firm's account.

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

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

f) Cash and personal checks shall not be accepted for deposit to a committed youth's account unless otherwise authorized by the Director.

Part 2310 Commissaries

20 Ill. Adm. Code 2310.20 Commissary Operations

a) Each youth center may establish a commissary or canteen for committed youth.

b) Items sold in the committed youths' commissary shall be shown on an approved listing of standard commissary items.

c) Commissary credit shall not be extended.

d) Committed youth or employees assigned to commissaries where non-packaged food is handled shall be screened by medical staff prior to commencing work in food service areas.

20 Ill. Adm. Code 2310.30 Commissary Profits

Commissary profits shall be transferred to the appropriate benefit fund.

Subchapter c Programs and Services

Part 2405 School District #428

20 Ill. Adm. Code 2405.10 Applicability

This Part applies to all Divisions of the Department of Juvenile Justice.

History

Source: Amended at 43 Ill. Reg. 14170, effective November 25, 2019

20 Ill. Adm. Code 2405.15 Responsibilities

a) Unless otherwise specified, the Director, Chief Administrative Officer, Superintendent or Principal may delegate responsibilities stated in this Part to another person or persons or designate another person or persons to perform the duties specified.

b) No other individual may routinely perform duties whenever a rule in this Part specifically states the Director, Chief Administrative Officer, Superintendent or Principal shall personally perform the duties. However, the Director, Chief Administrative Officer, Superintendent or Principal may designate another person or persons to perform the duties during periods of his or her temporary absence or in an emergency.

History

Source: Amended at 43 Ill. Reg. 14170, effective November 25, 2019

20 Ill. Adm. Code 2405.17 Definitions

"Achievement test" means a nationally normed instrument, which has been approved by the Superintendent of School District #428, that measures an individual's educational grade level.

"Associate level courses" means academic and CTE courses that are approved by a college or university as meeting the requirements for an award of an Associate's Degree.

"Baccalaureate level courses" means academic and CTE courses that are approved by a college or university as meeting the requirements for an award of a Bachelor's Degree.

"Billable course work" means course work in which the committed youth is enrolled, or that begins on or after January 1, 1997 while in custody, that is necessary for a degree.

"Chief Administrative Officer" means the highest ranking official of a youth center.

"CTE" means career and technical education.

"Degree" means an academic title awarded by a college or university upon the completion of an approved course of study. Types of degrees awarded are associate's, bachelor's, etc.

"Diploma" means an academic title awarded by School District #428 upon the completion of an approved course of study. Types of diplomas awarded are eighth grade, high school, special education and the General Education Development (GED) Certificate.

"Department" means the Department of Juvenile Justice.

"Director" means the Director of the Department of Juvenile Justice.

"Educational programs" means courses of academic and CTE instruction offered to committed youth or persons 21 or under who have not yet earned a high school diploma or GED as approved by School District #428; or courses of academic and CTE instruction offered in the free community; or CTE work training programs offered by the Department or outside resources.

"Full-time student" means a committed youth who is enrolled in an educational program that has classes that are normally scheduled to meet a minimum of 15 hours a week; or a committed youth who is enrolled in college academics for a minimum of six credit hours per module or 12 credit hours per semester.

"90 instructional day program" means a period of 90 days of remedial education, excluding days of absence or days in which no instruction was offered.

"Instructional day" means a day in which instruction is provided.

"Sexually dangerous person" means any person as defined in Section 1.01 of the Sexually Dangerous Persons Act [725 ILCS 205].

"Superintendent" means the Superintendent of the Department of Juvenile Justice School District #428.

"Technical violator" means a committed youth who has been returned to a youth center due to a violation of the conditions of his or her parole, aftercare release or mandatory supervised release, but does not include a committed youth who has been adjudicated of a new offense.

"Unified Code of Corrections" means 730 ILCS 5.

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

History

Source: Amended at 43 Ill. Reg. 14170, effective November 25, 2019

20 Ill. Adm. Code 2405.20 Juvenile Educational Programs

a) The opportunity for educational programs shall be available in the Department and through the Department of Juvenile Justice School District #428. Nothing in this Part shall be construed to require educational opportunities for all committed persons, except as otherwise provided in Section 2405.60 or in Sections 3-6-2 and 3-9-1 of the Unified Code of Corrections. Department of Juvenile Justice educational programs shall include:

Basic education and GED;
High school credits;
Special education;
CTE; and
Post-secondary education, when possible.

b) Committed youth shall be assessed upon being received in the Department to determine academic abilities.

c) In determining the most appropriate educational programs, the Department shall consider, among other factors, the committed youth's composite scores on achievement tests, the safety and security of the facility or any person, staff recommendations, requirements for admission to specific programs, administrative concerns, and the committed youth's institutional behavior, disciplinary record, educational record and projected release date.

d) In youth centers, committed youth may be eligible to enroll in:

Basic Education if they test below the eighth grade level.
GED training if they test at the eighth grade level or above and they do not have a verified diploma.
High School credits if they test at the eighth grade level or above and they do not have a verified diploma.
Special Education regardless of test scores.
School District #428 CTE if they test at the third grade level or above.
College CTE programs if they have a verified diploma or as otherwise approved in writing by the Superintendent.
Two-year college academic programs (associate level courses) if they have a verified diploma.
Four-year college or university academic programs (Bachelor's level courses) if they have a verified diploma.

f) Committed youth shall be required to attend and actively participate in classes for which they are enrolled and shall be subject to discipline under 20 Ill. Adm. Code 2504 (Discipline and Grievances), unless absent due to verified illnesses, approved visits, court writs, furloughs, discipline, lockdowns or other reasons approved by the Chief Administrative Officer. Active participation shall mean, but shall not be limited to, instances in which the committed youth is attentive, responsive and cooperative and completes assigned work.

g) Committed youth shall adhere to attendance requirements of the educational program in which they are enrolled:

Committed youth enrolled in non-college academic programs in youth centers shall be required to attend and to actively participate in the number of instructional days specified to complete the program and shall not be absent from the program or shall not be documented as not actively participating in the program for more than 30 instructional days, not including days absent due to lockdowns.
Youth committed in the Aftercare Services Division and committed youth enrolled in college academic courses shall attend scheduled classes and shall not be absent more than allowed under the requirements of the educational provider or the correctional facility policy. Committed youth shall be advised of the specific requirements of the program in which they are enrolled.

h) Committed youth may be removed from educational programs due to:

Disciplinary action;
Failure to adhere to attendance requirements;
Administrative reasons approved by the Principal or the Chief Administrative Officer, including, but not limited to, disruptive behavior, lack of active participation, termination or suspension of the program, and safety and security reasons; or
The committed youth's transfer to another facility or program.

History

Source: Amended at 43 Ill. Reg. 14170, effective November 25, 2019

20 Ill. Adm. Code 2405.30 Assistance to Aftercare Services Division

Financial counseling and technical assistance in securing remedial education, GED training, special education, CTE training and post-secondary education may be provided by the Department of Juvenile Justice School District #428 to committed youth of the Aftercare Services Division.

History

Source: Amended at 43 Ill. Reg. 14170, effective November 25, 2019

20 Ill. Adm. Code 2405.50 Adult Basic Education Attendance (repealed)

History

Source: Repealed at 43 Ill. Reg. 14170, effective November 25, 2019

20 Ill. Adm. Code 2405.60 Juvenile Educational Attendance

a) All committed youth who have not received a diploma shall be required to participate in an educational program, unless specifically exempted by the Chief Administrative Officer and the Superintendent. The exemption shall be based on, but not limited to, health, safety or security reasons, and resources available.

b) The extent and length of the educational program shall be based, among other factors, upon the needs and characteristics of the committed youth, resources available, availability of programs, administrative concerns, and safety and security of the youth center or any person.

History

Source: Amended at 43 Ill. Reg. 14170, effective November 25, 2019

20 Ill. Adm. Code 2405.70 Suspension of Programs

20 Ill. Adm. Code 2405.80 Educational Reimbursement (repealed)

History

Source: Repealed at 43 Ill. Reg. 14170, effective November 25, 2019

Part 2410 Legal Programs for Youth

20 Ill. Adm. Code 2410.20 Requirements for Conducting Programs

a) Educational programs regarding legal issues may be conducted with the approval of the Director or his designee.

b) The person conducting such programs for committed youth shall be:

An attorney licensed to practice law in the State of Illinois, or
A law student or paralegal affiliated with a law firm or a legal service organization or with a legal clinic under the auspices and direction of an accredited law school.

c) Requests to conduct a legal issues program shall be submitted in writing to the Director or his designee.

The request shall include a description of the qualifications of the person conducting the program, a proposed curriculum for the course with an outline of the course objective, areas to be discussed, guest speakers, if any (including their credentials), and any materials to be used by the class.
A law student participating in a teaching program must present certification from the Dean of his law school indicating that he is a student in good standing.
A law student or paralegal who participates in a teaching program shall be sponsored by an attorney. The sponsoring attorney shall provide the Director with a written statement accepting full responsibility for all legal advice or information given by the law student or paralegal.

d) Persons approved by the Director or his designee shall abide by all security requirements and rules of the Department and the youth center.

e) No person conducting a class may solicit clients in the youth center or encourage lawsuits against the Department of Juvenile Justice.

f) Failure to comply with this Part may result in termination of the class and/or program.

Part 2415 Health Care

20 Ill. Adm. Code 2415.15 Responsibilities

20 Ill. Adm. Code 2415.20 Definitions

a) "Agency Medical Director" means the Medical Director of the Department of Juvenile Justice.

b) "Chief Administrative Officer" means the highest ranking official of a youth center.

d) "Department" means the Department of Juvenile Justice.

e) "Department physician or dentist" means any physician or dentist who provides services for the Department.

f) "Director" means the Director of the Department of Juvenile Justice.

g) "Gravely disabled" means a condition in which a youth, as a result of a mental illness or mental disorder:

Is in danger of serious physical harm resulting from the person's failure to provide for his or her essential human needs of health or safety; or
Manifests serious deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over the person's actions that is likely to seriously jeopardize his or her health or safety.

h) "Likelihood of serious harm" means:

A substantial risk that physical harm will be inflicted by a youth upon his or her own person as evidenced by, among other things, threats or attempts to commit suicide or inflict physical harm on one's self; or
A substantial risk that physical harm will be inflicted by a youth upon another as evidenced by, among other things, behavior that has caused such harm or that places another person or persons in reasonable fear of sustaining such harm; or
A substantial risk that physical harm will be inflicted by a youth upon the property of others as evidenced by, among other things, behavior that has caused substantial loss or damage to the property of others.

j) "Physician" means an individual who is licensed by the State of Illinois to practice medicine in all of its branches.

k) "Specialized mental health setting" means a Department of Juvenile Justice youth center or unit that specializes in mental health care.

20 Ill. Adm. Code 2415.30 Medical and Dental Examinations and Treatment

a) Within seven working days after admission to a reception and classification center, each youth shall be given a physical examination by a physician or by a nurse practitioner under the direct supervision of a physician or by a physician's assistant under the direct supervision of a physician. Each youth shall be immunized as prescribed by the physician.

b) Each youth shall be examined by a dentist within 10 working days after admission to a reception and classification center. The dentist shall chart the oral cavity and classify dental health.

c) Emergency treatment shall be available to youth 24 hours a day.

d) A health care unit or area shall be established at each youth center within the Department. Youth shall be admitted to the health care unit or area as determined by health care personnel.

e) Youth shall be informed of the institutional procedures for obtaining medical, dental, or mental health services.

f) Youth shall be provided medical and dental treatment, with the consent of the parent or guardian where applicable, as prescribed by a Department physician or dentist.

g) A youth who has or is suspected of having a communicable disease may be isolated from other youth. This determination shall be made by a physician as deemed medically necessary.

h) In case of critical illness or major surgery, the Chief Administrative Officer shall:

Attempt to notify the person designated by the youth to be contacted in case of an emergency and, where applicable, the parent or guardian.
Notify the Chief Legal Counsel if consent for treatment is not obtained or other legal issues arise.
Notify the Agency Medical Director.

i) The decision to continue or terminate a pregnancy is a medical determination that shall be made by the youth in consultation with her physician.

Youth contemplating an abortion shall be provided with information and counseling concerning the nature of, the consequences of, and any risks associated with the procedure and available alternatives.
Youth shall be granted a furlough for the purpose of obtaining an abortion. Youth shall be permitted to accept funds for an abortion from local community charities or other sources.

j) Youth shall be offered testing and related counseling for HIV following transfer from reception and classification and prior to release, discharge, or parole.

k) A record of all medical and dental examinations, findings, and treatment shall be maintained.

20 Ill. Adm. Code 2415.40 Mental Health Services

a) Youth committed to the Department shall have access to mental health services as determined by a mental health professional.

b) Community mental health services offered through the Department for youth released on aftercare shall be provided in accordance with 59 Ill. Adm. Code 132, Medicaid Community Mental Health Services. Such services shall be provided by entities that are Medicaid certified and periodically reviewed by the Department or by the Department of Human Services in accordance with 59 Ill. Adm. Code 132.

20 Ill. Adm. Code 2415.50 Mental Health Examinations and Treatment for Guilty But Mentally Ill

a) Within 48 hours after admission to a reception and classification center, each youth adjudicated guilty but mentally ill shall be screened by a mental health professional.

b) An examination by a licensed or registered mental health professional shall be performed on a youth adjudicated guilty but mentally ill within four days after the youth's admission to a reception and classification center. The purpose of the examination is to determine the mental health status of the individual at the time of admission to the Department and to make any appropriate recommendations necessary for the care of such individuals. Youth so examined:

Who demonstrate acute symptoms of mental illness or who are determined to be dangerous to self or others shall be treated in accordance with the procedures applicable to other youth. Treatment may include routine or emergency placement in a specialized mental health setting. Youth placed in a specialized mental health setting shall remain as long as determined to be clinically necessary.
Who are determined not to be in need of placement in a specialized mental health setting may receive necessary treatment services in a general institutional setting when such services are clinically recommended by a mental health professional.
Who are found to be symptom free or in remission at the time of admission to the Department and are not in need of mental health treatment shall be placed in a general institutional setting.

c) Once placed in a general institutional setting, these youth shall be examined or evaluated by a mental health professional at a minimum of every three months for the first six months and then every six months thereafter.

These youth may be referred by appropriate staff or may request an examination or evaluation more frequently.
More frequent evaluations may also be performed at the discretion of the examining mental health professional as determined to be clinically necessary.

d) Three months prior to the scheduled release date of a youth adjudicated guilty but mentally ill, an evaluation by a mental health professional shall be conducted to assess the person's post-release treatment needs, that may include residential care, out-patient counseling, psychotropic medication, periodic psychiatric or psychological evaluation, high level parole supervision or aftercare release, commitment to Department of Human Services, or other supportive services (e.g., sheltered workshops, group homes, or vocational training and assistance in obtaining needed treatment or services).

If the youth has received psychotropic medication within the previous 12 months, this report must include a psychiatric evaluation of the need for medication or psychiatric monitoring.
A copy of the report shall be provided to the appropriate field service office.

e) Within 30 days before the scheduled release date of a youth adjudicated guilty but mentally ill, a final evaluation by a mental health professional shall be conducted to determine whether any changes in the youth's mental or emotional status may affect the previous evaluation of the offender's post-release treatment needs. A report shall be prepared and forwarded to the appropriate field service office no later than seven days prior to the youth's scheduled release date.

20 Ill. Adm. Code 2415.60 Review of Placements in a Specialized Mental Health Setting

a) A review of each youth placed at a specialized mental health setting shall be made at least once every six months.

The review shall be conducted by a staff psychiatrist and the Administrator of the mental health center or unit or designee.
Written results of the review shall be given to the youth.
If the recommendation is for the youth to continue in the program at the mental health center or unit, the individual may request a review of that decision by the Placement Review Board.

A) The Placement Review Board shall be composed of three members appointed by the Director. One member shall be a mental health professional and one member shall not be employed by the Department.

C) An agreement by a majority of the Board shall be considered the decision of the Board.

D) The decision shall be delivered to the youth in writing.

b) A request for a review hearing may be made at any time by a youth placed at a specialized mental health setting and must be granted at least once every six months.

20 Ill. Adm. Code 2415.70 Involuntary Administration of Psychotropic Medication

a) Administration of Psychotropic Medication

Psychotropic medication shall not be administered to any youth against his or her will or without the consent of the parent or guardian of a minor who is under the age of 18, unless:

A) A psychiatrist, or in the absence of a psychiatrist a physician, has determined that:

i) The youth suffers from a mental illness or mental disorder; and

ii) The medication is in the medical interest of the youth; and

iii) The youth is either gravely disabled or poses a likelihood of serious harm to self or others; and

B) The administration of such medication has been approved by the Treatment Review Committee after a hearing (see subsection (b) of this Section). However, no such approval or hearing shall be required when the medication is administered in an emergency situation. An emergency situation exists whenever the required determinations listed in subsection (a)(1)(A) of this Section have been made and a psychiatrist, or in the absence of a psychiatrist a physician, has determined that the youth poses an imminent threat of serious physical harm to self or others. In all emergency situations, the procedures set forth in subsection (e) of this Section shall be followed.

Whenever a physician orders the administration of psychotropic medication to a youth against the person's will, the physician shall document in the youth's medical file the facts and underlying reasons supporting the determination that the standards in subsection (a)(1) of this Section have been met and:

A) The Chief Administrative Officer shall be notified as soon as practicable; and

B) Unless the medication was administered in an emergency situation, the Chairperson of the Treatment Review Committee shall be notified in writing within three days.

b) Treatment Review Committee Procedures

The Chief Administrative Officer shall designate a member of the program staff not involved in the current decision to order medication to assist the youth. The staff assistant shall have completed a training program in the procedural and mental health issues involved that has been approved by the Agency Medical Director.
The youth and staff assistant shall receive written notification of the time and place of the hearing at least 24 hours prior to the hearing. The notification shall include the tentative diagnosis and the reasons why the medical staff believes the medication is necessary. The staff assistant shall meet with the youth prior to the hearing to discuss the procedural and mental health issues involved.
The youth shall have the right to attend the hearing unless the Committee determines that it is likely that the youth's attendance would subject the youth to substantial risk of serious physical or emotional harm or pose a threat to the safety of others. If such a determination is made, the facts and underlying reasons supporting the determination shall be documented in the youth's medical file. The staff assistant shall appear at the hearing whether or not the youth appears.
The documentation in the medical file referred to in subsection (a)(2) of this Section shall be reviewed by the Committee and the Committee may request the physician's personal appearance at the hearing.
Prior to the hearing, witnesses identified by the youth and the staff assistant may be interviewed by the staff assistant after consultation with the youth as to appropriate questions to ask. Any such questions shall be asked by the staff assistant unless cumulative, irrelevant, or a threat to the safety of individuals or the security of the youth center.
Prior to the hearing, the youth and the staff assistant may request in writing that witnesses be interviewed by the Committee and may submit written questions for witnesses to the Chairperson of the Committee. These questions shall be asked by the Committee unless cumulative, irrelevant, or a threat to the safety of individuals or the security of the facility. If any witness is not interviewed, a written reason shall be provided.
Prior to the hearing, the youth and the staff assistant may request in writing that witnesses appear at the hearing. Any such request shall include an explanation of what the witnesses would state. Reasonable efforts shall be made to have such witnesses present at the hearing, unless their testimony or presence would be cumulative, irrelevant, or a threat to the safety of individuals or the security of the facility, or for other reasons including, but not limited to, unavailability of the witness or matters relating to institutional order. In the event requested witnesses are unavailable to appear at the hearing but are otherwise available, they shall be interviewed by the Committee as provided for in subsections (b)(6) and (9) of this Section.
At the hearing, the youth and the staff assistant may make statements and present documents that are relevant to the proceedings. The staff assistant may direct relevant questions to any witnesses appearing at the hearing. The youth may request that the staff assistant direct relevant questions to any witnesses appearing at the hearing and the staff assistant shall ask such questions unless cumulative, irrelevant, or a threat to the safety of individuals or the security of the facility.
The Committee shall make such investigation as it deems necessary. The staff assistant shall be informed of any investigation conducted by the Committee and shall be permitted to direct relevant questions to any witnesses interviewed by the Committee. The staff assistant shall consult with the youth regarding any statements made by witnesses interviewed by the Committee and shall comply with requests by the youth to direct relevant questions to such witnesses unless cumulative, irrelevant, or a threat to the safety of individuals or the security of the facility.
The Committee shall consider all relevant information and material that has been presented in deciding whether to approve administration of the medication.
A written decision shall be prepared and signed by all members of the Committee that contains a summary of the hearing and the reasons for approving or disapproving the administration of the medication. Copies of the decision shall be given to the youth, the staff assistant, and the Chief Administrative Officer. Any decision by the Committee to approve involuntary administration of psychotropic medication must be unanimous. The Chief Administrative Officer shall direct staff to comply with the decision of the Committee.
If the Committee approves administration of the medication, the youth shall be advised of the opportunity to appeal the decision to the Agency Medical Director by filing a written appeal with the Chairperson within five days after the youth's receipt of the written decision.

c) Review by Agency Medical Director

If the youth appeals the Treatment Review Committee's decision, staff shall continue to administer the medication as ordered by the physician and approved by the Committee while awaiting the Agency Medical Director's decision on the appeal.
The Chairperson of the Committee shall promptly forward the written notice of appeal to the Agency Medical Director or a physician designated by the Agency Medical Director.
Within five working days after receipt of the written notice of appeal, the Agency Medical Director shall:

A) Review the Committee's decision, make such further investigation as deemed necessary, and submit a written decision to the Chief Administrative Officer; and

B) Provide a copy of the written decision to the youth, the staff assistant, and the Chairperson of the Committee.

The Chief Administrative Officer shall direct staff to comply with the decision of the Agency Medical Director.

d) Periodic Review of Medication

Whenever any youth has been involuntarily receiving psychotropic medication continuously or on a regular basis for a period of six months, the administration of such medication shall, upon the youth's written request, be reviewed by the Treatment Review Committee in accordance with the procedures enumerated in subsections (b) and (c) of this Section. Every six months thereafter, for so long as the involuntary medication continues on a regular basis, the youth shall have the right to a review hearing upon written request.
Every youth who is involuntarily receiving psychotropic medication shall be evaluated by a psychiatrist at least every 30 days, and the psychiatrist shall document in the youth's medical file the basis for the decision to continue the medication.

e) Emergency Procedures

Subsequent to the involuntary administration of psychotropic medication in an emergency situation:

The basis for the decision to administer the medication shall be documented in the youth's medical file and a copy of the documentation shall be given to the youth and to the Agency Medical Director for review.
A mental health professional shall meet with the youth to discuss the reasons why the medication was administered and to give the youth an opportunity to express any concerns he or she may have regarding the medication.

f) Documentation

Copies of all notifications and written decisions shall be placed in the youth's medical file.

g) Grievances

A youth may submit a grievance concerning the involuntary administration of psychotropic medication directly to the Administrative Review Board in accordance with 20 Ill. Adm. Code 2504.Subpart F. In considering the grievance, the Board shall confer with the Agency Medical Director.

h) Treatment of Minors

In the case of a youth who is a minor under the age of 18, the parent or guardian shall be sent the documentation and written decisions that are provided to the youth pursuant to this Section and shall be permitted to attend and participate in any proceedings required by this Section. Notice of any Treatment Review Committee hearing shall be promptly sent to the parent or guardian and reasonable attempts shall be made to provide such notice at least 72 hours prior to the hearing.

20 Ill. Adm. Code 2415.80 Organ Transplants

a) The Department shall grant a medical furlough for purposes of obtaining an organ transplant if:

The youth or the parent or guardian of a minor who is under the age of 18 has made all necessary arrangements with the organ transplant facility, including application for eligibility as a recipient of an organ donor and appropriate financial arrangements. The youth must be accepted by an approved organ transplant facility prior to approval of the medical furlough;
The Agency Medical Director confirms that the youth would be a suitable candidate for an organ transplant that is needed to preserve the youth's life or prevent irreparable harm; and
The organ transplant facility is approved by the Agency Medical Director and the Chief Administrative Officer.

b) The youth or the parent or guardian of a minor who is under the age of 18 shall be responsible for the cost of the organ transplant procedure, including but not limited to pre-transplant evaluations performed by the transplant facility, the hospital stay, the physicians' services and other medical services involved. The youth shall be permitted to accept funds for the organ transplant from local community charities or other sources. The cost of the transportation and security for the youth shall be paid by the youth, whenever possible.

c) The Department shall direct the youth or the parent or guardian of a minor who is under the age of 18 to the organ transplant facilities and known sources of funding associated with an organ transplant.

d) Use of in-State transplant facilities is preferred. Out-of-State facilities shall be considered if no in-State facility is available and if the youth or the parent or guardian of a minor who is under the age of 18 signs a waiver of extradition.

Part 2420 Assignment of Committed Youth

20 Ill. Adm. Code 2420.15 Responsibilities

20 Ill. Adm. Code 2420.20 Definitions

20 Ill. Adm. Code 2420.30 Assignment

a) Assignments of committed youth to youth centers shall be in accordance with 20 Ill. Adm. Code 2503.

b) The Assignment Officer shall, within 30 days following admission, make a recommendation for the assignment of a committed youth received at an assigned youth center.

c) Temporary assignments may be made by the Assignment Officer prior to review by the Chief Administrative Officer.

e) A committed youth may be given an opportunity to appear before and address the Assignment Officer whenever the individual's case is being considered.

f) Recommendations made by the Assignment Officer shall be in writing.

g) All recommendations are subject to review and approval by the Chief Administrative Officer.

20 Ill. Adm. Code 2420.40 Removal/Reassignment

a) A committed youth may be removed from his assignment and/or reassigned by the Chief Administrative Officer, or by the Assignment Officer with subsequent approval by the Chief Administrative Officer. Removal and/or reassignment shall be based upon matters including, but not limited to, the committed youth's inability or incompetence in performing or completing the assignment, disciplinary reasons, the committed youth's request for an assignment change, staff recommendation, security or administrative reasons.

b) Removal or reassignments shall be made in accordance with Section 2420.30.

Part 2425 Chaplaincy Services and Religious Practices

20 Ill. Adm. Code 2425.12 Definitions

"Chaplain" means an individual who is commissioned, licensed, ordained or endorsed as required by the individual's religious faith and with whom the facility has employed or contracted to conduct religious activities within a youth center.

"Chief Administrative Officer" means the highest ranking official of a youth center.

"Department" means the Department of Juvenile Justice.

"Director" means the Director of the Department of Juvenile Justice.

"Faith representative" means a religious program volunteer who is commissioned, licensed, ordained, endorsed or otherwise accepted as a religious authority by the individual's religious faith.

"Religious activity" includes religious services, prayers, rituals, ceremonies, celebrations, study groups and meetings.

"Religious leader" means a member of the community who is commissioned, licensed, ordained, endorsed or otherwise accepted as a religious authority by the individual's religious faith.

"Religious program volunteer" means a member of the community who is recognized by a faith group and who has been approved by the youth center in accordance with 20 Ill. Adm. Code 2435 (Volunteer Services) to conduct specific religious activities on a volunteer basis.

History

Source: Amended at 43 Ill. Reg. 14183, effective November 25, 2019

20 Ill. Adm. Code 2425.15 Responsibilities

History

Source: Amended at 43 Ill. Reg. 14183, effective November 25, 2019

20 Ill. Adm. Code 2425.20 Accommodation of Religious Beliefs

a) Committed youth shall be provided reasonable opportunities to pursue their religious beliefs and practices subject to concerns regarding security, safety, rehabilitation, institutional order, space and resources.

b) Participation in or attendance at religious activities shall be voluntary.

c) Committed youth shall not pressure or coerce other persons to join or participate in the activities of a particular religion.

d) Committed youth shall not engage in religious activities that may encourage violence against others or are likely to disrupt institutional safety or operations.

e) Committed youth shall be requested to designate their religious affiliation during the orientation process. Designation of religious affiliation does not constitute endorsement or recognition of that religion by the Department.

f) A committed youth's attendance at a religious activity other than his or her designated faith shall be accommodated unless the youth center chaplain determines that the request is not operationally feasible due to factors such as security, safety, rehabilitation, institutional order, space and resources.

g) Committed youth desiring to designate their religious affiliation after the orientation process or to change their designated religious affiliation shall submit the written request to the youth center chaplain. The youth center chaplain may refuse to change the affiliation if it is determined that the change is being requested for other than religious reasons. This determination may be based, among other matters, on the frequency of changes or a pattern of changing religious affiliation prior to a particular faith group's scheduled holiday or celebration.

History

Source: Amended at 43 Ill. Reg. 14183, effective November 25, 2019

20 Ill. Adm. Code 2425.30 Religious Practice Advisory Board (repealed)

History

Source: Repealed at 43 Ill. Reg. 14183, effective November 25, 2019

20 Ill. Adm. Code 2425.40 Chaplains and Religious Program Volunteers

a) The Department may utilize chaplains and religious program volunteers on a full-time or part-time basis.

b) Religious program volunteers who provide religious activities to committed youth shall not normally be reimbursed for travel expenses. However, the Chief Administrative Officer may approve reimbursement for travel expenses, not to exceed the reimbursement rate applicable to State employees. In determining whether to approve reimbursement, the Chief Administrative Officer shall consider the recommendation of the Director as well as factors such as: distance traveled, number of hours at the facility, frequency of visits, fiscal resources, availability of other volunteers of that faith, and whether religious program volunteers of religious groups of comparable size have been compensated for travel of a similar nature.

History

Source: Amended at 43 Ill. Reg. 14183, effective November 25, 2019

20 Ill. Adm. Code 2425.50 Religious Activities

a) The Director or his or her designee shall confer with religious leaders or faith representatives on matters including, but not limited to, the following:

Religious grievances filed by committed youth;
Requests from committed youth for religious diets, non-traditional religious symbols, headgear, clothing and other religious items;
Requests from committed youth for religious activities not currently offered at the youth center and for religious activities permitted under subsection (f);
Requests from committed youth for relief from a work assignment or institutional program for specific religious reasons; and
Issues involving training, screening and reimbursement of religious volunteers.

b) Religious activities approved by the Chief Administrative Officer shall be conducted or supervised by a chaplain or religious program volunteer.

c) The Chief Administrative Officer, after consultation with the youth center chaplain, shall regulate the time, place and way religious activities are conducted. The Chief Administrative Officer may limit, restrict, discontinue or deny a religious activity based upon concerns regarding security, safety, rehabilitation, institutional order, space or resources.

d) Nothing in this Part shall require the provision of group religious activities to committed youth in reception and classification centers, confinement areas or specialized housing units within the youth center, such as the hospital.

e) Nothing in this Part shall require the Department to provide each separate religious group or sects within a group with a chaplain or with separate religious activities regardless of the size of the religious group or the extent of the demand for the activities.

f) Committed youth shall be prohibited from assuming a position of authority or leadership over other committed youth. This does not preclude committed youth from actively participating in religious activities in accordance with subsection (g).

g) Religious activities for which religious program volunteers or chaplains of that particular faith are unavailable on a permanent or protracted basis may be permitted if the following conditions are satisfied:

Attempts to locate and secure the services of religious leaders or faith representatives from the community were made but those persons either refused or were not approved to conduct religious activities;
Security, program or chaplaincy staff are available to attend and supervise the religious activity;
Written verification that attendance at existing religious activities does not satisfy the recognized tenets of the committed youth's faith is received;
Written agreement by a chaplain, faith representative or recognized religious leader of that faith group to provide general oversight and guidance of the religious activity is received;
The Director recommends approval; and
The committed youth submits a copy of any proposed sermon or doctrinal interpretation to the Chief Administrative Officer or staff designated to supervise the religious activity for review and approval prior to delivery, based on safety and security concerns.

h) The staff supervisor may call upon various committed youth to guide portions of the religious activity subject to safety and security concerns.

i) Religious activities defined under subsection (g) shall be prohibited when based solely on the temporary or occasional unavailability of a chaplain or a religious program volunteer.

j) The Chief Administrative Officer may limit, restrict or discontinue religious activities permitted under subsection (g) based upon concerns such as security, safety, rehabilitation, institutional order, space or resources and may require periodic rotation of committed youth permitted to guide portions of religious activities.

History

Source: Amended at 43 Ill. Reg. 14183, effective November 25, 2019

20 Ill. Adm. Code 2425.60 Accommodation of Religious Diets

a) Committed youth shall be permitted to abstain from any foods the consumption of which violates their required religious tenets.

b) Any foods that contain pork or pork by-products shall be identified in accordance with 20 Ill. Adm. Code 2502.20 (Menus).

c) A committed youth may submit a written request to the facility chaplain to receive an alternative diet for specific religious reasons. The request must contain written verification that the committed youth is a member of a faith group that requires adherence to a particular diet and the specific requirements of the diet. Eligibility to receive an alternative diet for specific religious reasons shall be determined by the youth center chaplain who shall ordinarily confer with a religious leader or faith representative of the faith group at issue. The youth center chaplain and the religious leader or faith representative may interview the committed youth.

d) A committed youth requesting a dietary modification required by a specific religious holiday or ceremony must submit a written request to the youth center chaplain 45 calendar days before the holiday or ceremony. The request must contain verification that the committed youth is a member of a faith group requiring the dietary modification and the specific requirements of the dietary modification. Eligibility to receive an alternative diet for a specific religious holiday or ceremony shall be determined by the youth center chaplain who shall ordinarily confer with a religious leader or faith representative of the faith group at issue. The youth center chaplain and religious leader or faith representative may interview the committed youth.

e) A committed youth who does not adhere to the alternative diet shall no longer receive the alternative diet, unless otherwise approved by the Chief Administrative Officer.

History

Source: Amended at 43 Ill. Reg. 14183, effective November 25, 2019

20 Ill. Adm. Code 2425.70 Religious Publications and Recordings

a) Committed youth may obtain religious publications or recordings in accordance with this Part and Departmental Rules governing purchasing, incoming mail, publications, and personal property (see 20 Ill. Adm. Code 2305 (Funds of Committed Youth), 2525 (Rights and Privileges), and 2535 (Personal Property) or through donations distributed by the chaplain.

b) Religious publications shall be submitted to the Publication Review Committee for review pursuant to 20 Ill. Adm. Code 2525: Subpart C. The Publication Review Committee may confer with the chaplain.

c) Committed youth shall be permitted to receive or possess commercially made religious audio recordings, sealed in cellophane or similar material, that are not available through the commissary and are sent directly from a manufacturer, retailer or distributor. Committed youth shall also be permitted to receive or possess religious audio recordings directly from religious organizations. The Chief Administrative Officer or chaplain may review and deny audio recordings if they are deemed to pose a threat to the safety or security of the institution. If the audio recordings are denied, they shall be submitted to the Director for review.

History

Source: Amended at 43 Ill. Reg. 14183, effective November 25, 2019

20 Ill. Adm. Code 2425.80 Religious Items

a) Committed youth may obtain religious symbols, clothing and other items in accordance with this Part and Departmental rules governing purchasing, incoming mail, and personal property (see 20 Ill. Adm. Code 2305 (Funds of Committed Youth), 2525 (Rights and Privileges), and 2535 (Personal Property)) or through the chaplain.

b) Committed youth shall be permitted to have up to two traditionally accepted religious symbols or religious symbols that have been authorized by the Director and that represent their designated faith. These may include, but not be limited to, medals, medallions, scapulars or prayer beads.

c) Religious items may be limited, restricted or denied by the Chief Administrative Officer based upon concerns such as safety, security, rehabilitation, institutional order, space, resources or facilitation of gang identification, recruitment or activity.

Certain items, such as candles and incense, shall be restricted by the Chief Administrative Officer or chaplain to use for religious activities only. These items shall be stored in a designated area of the youth center and shall be available upon request for use during approved religious activities held in the chapel or other designated common area.
Religious symbols shall not exceed two inches in height or width. The chain upon which a medal or medallion is attached shall not exceed 24 inches in length. The combined value of the medal or medallion and chain shall not exceed $50.
The Department may restrict the color of religious items.
Rosary beads shall be a solid color, either black, brown or white, and shall not be permitted to be worn as jewelry.
Medals or medallions shall not contain precious gems or stones.
Medals or medallions shall not be of a design that could be used as a weapon or to conceal contraband.
Religious symbols attached to pins shall not be permitted.
Prayer rugs may be permitted if utilized as a component of the committed youth's faith but will be limited to the immediate living area during prayer or the area of religious service.

d) Committed youth may wear articles of religious clothing, including but not limited to robes, prayer shawls or talits, only in their immediate sleeping areas during prayer or in the area of religious service if verification is submitted that the clothing is worn as a component of their religion.

e) The wearing of religious headgear, including but not limited to fezzes, kufis and yarmulkes, shall be limited only to the committed youth's immediate sleeping area during prayer and to the area of religious service, provided that verification is submitted that the wearing of the religious headgear is required by the committed youth's designated faith.

History

Source: Amended at 43 Ill. Reg. 14183, effective November 25, 2019

20 Ill. Adm. Code 2425.90 Institutional Work and Program Assignments

a) Committed youth shall be relieved from a work assignment, without pay, on a recognized religious holiday or celebration that prohibits work or if the work assignment violates the specific requirements of the committed youth's faith, subject to concerns regarding safety, security, rehabilitation, institutional order, space and resources. Committed youth must initiate the request to be relieved from the assignment by submitting a written request to the Chief Administrative Officer not less than 30 calendar days prior to the holiday.

b) The Chief Administrative Officer may relieve a committed youth from an institutional program or assignment if a religious activity is scheduled at the same time and the committed youth has designated that faith, subject to concerns regarding safety, security, rehabilitation, institutional order, space and resources.

History

Source: Amended at 43 Ill. Reg. 14183, effective November 25, 2019

20 Ill. Adm. Code 2425.100 Requests for Religious Accommodations

a) Committed youth requesting religious items shall submit the request in writing to the youth center chaplain and shall be required, if requested by the youth center chaplain or the Director, to include written verification from an outside faith group or from a religious authoritative source that the religious item is necessary for the practice of the committed youth's religion or that the item is a symbol or integral part of the youth's religion.

b) Committed youth requesting religious activities of the type not offered by the Department shall submit the request in writing to the youth center chaplain and shall be required, if requested by the youth center chaplain or the Director, to submit the following information:

Written verification that other committed youth belong to that faith and are interested in attending religious activities;
The names, addresses and telephone numbers of the outside leaders of the faith;
Copies of the by-laws, charters or articles of incorporation, to the extent available;
Written verification of the religion's practices, requirements, historical origins, size of membership population, organization hierarchy and structure, role of religious personnel, and dietary restrictions;
The time, place and nature of any religious activities to be conducted and the identity of the religious program volunteer who will conduct the requested religious activities, as well as the volunteer's address, telephone number and credentials; and
The documentation required under Section 2425.50(g).

c) Committed youth requesting religious accommodations not addressed in this Section may be required, if requested by the youth center chaplain or Director, to provide some or all of the following:

The names, addresses and telephone numbers of the outside leaders of the faith;
Copies of the by-laws, charters, or articles of incorporation, to the extent available; and
Written verification of the religion's practices, requirements, historical origins, size of membership population, organizational hierarchy and structure, role of religious personnel, and dietary restrictions.

d) The chaplain shall inform the Chief Administrative Officer of any religious request and may, as determined necessary, submit the request and any required documentation to the Director.

History

Source: Amended at 43 Ill. Reg. 14183, effective November 25, 2019

20 Ill. Adm. Code 2425.110 Religious Grievances

Any religious issue may be grieved in accordance with 20 Ill. Adm. Code 2504: Subpart C (Grievance Procedures for Youth) or D.

History

Source: Amended at 43 Ill. Reg. 14183, effective November 25, 2019

Part 2430 Library Services and Legal Materials

20 Ill. Adm. Code 2430.20 Library Services and Legal Materials

a) Each youth center shall provide opportunities for access to library services and legal materials. However, general library services and/or direct access to a law library may be limited, restricted or denied if library privileges have been abused or in the event that institutional safety or security may be jeopardized. An alternate means of access to legal materials and to prepare legal documents shall be provided in these instances.

b) The amount of books and materials a committed youth may accumulate may be limited where the amount poses a fire, sanitation or security hazard.

20 Ill. Adm. Code 2430.30 Assistance by Committed Youth

Committed youth may assist one another in the preparation of legal documents to the extent consistent with institutional security. Committed youth shall not receive compensation for such assistance.

20 Ill. Adm. Code 2430.40 Photocopying Services

a) Materials may be photocopied by the library. The cost for reproduction will be determined by the facility based on actual cost per copy and charged to the committed youth.

b) Committed youth who are without funds shall be provided and charged for copying services for legal materials which may not be reasonably duplicated by other means. Legal documents shall be deemed to mean pleadings, complaints or petitions, briefs, exhibits, affidavits, notices of filing or other documents to be filed in a court of law or other forum in which a suit may be filed or which are required to be served upon opposing counsel or parties.

Part 2435 Volunteer Services

20 Ill. Adm. Code 2435.10 Applicability (repealed)

History

Source: Repealed at 43 Ill. Reg. 14198, effective November 25, 2019

20 Ill. Adm. Code 2435.12 Definitions

"Chief Administrative Officer" means the highest ranking official of a youth center or the Deputy Director of any other Department facility.

"Department" means the Department of Juvenile Justice.

"Director" means the Director of the Department of Juvenile Justice.

"Volunteer Services Coordinator" means the staff member designated by each youth center's Chief Administrative Officer responsible for coordinating volunteer services for the facility.

History

Source: Amended at 43 Ill. Reg. 14198, effective November 25, 2019

20 Ill. Adm. Code 2435.15 Responsibilities

a) Unless otherwise specified, the Director, Chief Administrative Officer or Volunteer Services Coordinator may delegate responsibilities stated in this Part to another person or persons or designate another person or persons to perform the duties specified.

b) No other individual may routinely perform duties whenever a Section in this Part specifically states the Director, Chief Administrative Officer or Volunteer Services Coordinator shall personally perform the duties. However, the Director, Chief Administrative Officer or Volunteer Services Coordinator may designate another person or persons to perform the duties during periods of his or her temporary absence or in an emergency.

History

Source: Amended at 43 Ill. Reg. 14198, effective November 25, 2019

20 Ill. Adm. Code 2435.20 Designation of Staff Coordinator (repealed)

History

Source: Repealed at 43 Ill. Reg. 14198, effective November 25, 2019

20 Ill. Adm. Code 2435.30 Applications for Volunteer Service: Individuals

a) Applicants for volunteer service shall be required to complete an application provided by the Department and to supply references and verification of qualifications. Applicants shall be subject to screening procedures and selection criteria adopted by the youth center to address security concerns or program requirements.

b) An ex-offender shall not be accepted for volunteer service except as approved by the Chief Administrative Officer and the Director. In making their decision, the Chief Administrative Officer and the Director shall consider matters such as the ex-offender's criminal history, his or her behavioral history with the Department or the Department of Corrections, and any other prior involvement with the Department or with the Department of Corrections.

c) Applicants shall be required to notify each youth center for which they wish to provide volunteer service and may be required to submit separate volunteer applications to each youth center and to undergo screening and orientation by the respective youth centers. The determination whether to require separate applications or screening shall be based, among other matters, on the type of program and safety and security of the youth center.

d) Criteria for selection, rejection and retention of volunteers may vary according to program and security needs of the youth center.

History

Source: Amended at 43 Ill. Reg. 14198, effective November 25, 2019

20 Ill. Adm. Code 2435.40 Applications for Volunteer Service: Groups

a) Citizen groups wishing to provide volunteer service to a youth center or to committed youth in the community shall submit a written statement in advance, detailing: the purpose and goals of the proposed program; the intended frequency of visits to the youth center or with committed youth; and if applicable, the identity of the target group of committed youth to whom the service would be directed.

Citizen groups proposing to provide services on a continuing basis shall be required to submit a completed application for each participant and any subsequently added participants. Screening of individual members of the group shall be performed as required for individual volunteer applicants (Section 2435.30).
Citizen groups proposing to provide services on an occasional or one-time-only basis, such as church choirs, athletic teams or visiting entertainers, shall be required to identify participants by name and may be required to provide the date of birth and social security number of each participant. Any member of the group who is an ex-offender must be identified. Names and other required information shall be supplied in advance of each visitation in accordance with requirements of the youth center.

History

Source: Amended at 43 Ill. Reg. 14198, effective November 25, 2019

20 Ill. Adm. Code 2435.50 Placement Procedures for Approved Volunteers

This Section applies to applicants who will be providing volunteer services on a continuing basis.

a) Upon completion of the screening process, approved applicants shall be notified of their acceptance by the Volunteer Services Coordinator.

b) Prior to placement, the volunteer shall:

be informed of, and shall agree in writing to observe, all applicable rules of the Department and the youth center and to serve as a volunteer at the sole discretion of the Department;
sign a waiver releasing the Department and its agents or employees from liability for injuries or damages which might result in connection with the volunteer activities, except for those claims which may arise due to the willful and wanton conduct of the Department or its authorized agents or employees;
sign a written volunteer job description; and
receive training and orientation appropriate to the volunteer assignment as required by the facility. Written documentation, signed and dated by the volunteer, shall be maintained to verify training and orientation received.

History

Source: Amended at 43 Ill. Reg. 14198, effective November 25, 2019

20 Ill. Adm. Code 2435.60 Conduct of Volunteers (repealed)

History

Source: Repealed at 43 Ill. Reg. 14198, effective November 25, 2019

20 Ill. Adm. Code 2435.70 Termination of Volunteer Services

a) Volunteer services may be terminated at any time.

b) Individual volunteers or volunteer groups who have been dismissed shall surrender any form of identification issued by the Department. Staff shall be notified of the action taken.

c) Any individual or volunteer group whose conduct has resulted in dismissal from one youth center shall be restricted from participation in volunteer activities at all other departmental facilities. Reinstatement of the volunteer or volunteer group shall be subject to approval of the Director.

History

Source: Amended at 43 Ill. Reg. 14198, effective November 25, 2019

Part 2445 Committed Youth's Business Ventures

20 Ill. Adm. Code 2445.15 Responsibilities

20 Ill. Adm. Code 2445.20 Manuscripts

A committed youth may submit a manuscript for publication but shall not enter into contractual agreements with publishers for a regularly published column. Committed youth may submit manuscripts to any market listed in the latest edition of the book, Writer's Market, published by Writer's Digest Books, 9933 Alliance Road, Cincinnati, Ohio 45242.

20 Ill. Adm. Code 2445.30 Business Ventures

a) All committed youth are required to inform the Chief Administrative Officer of the following in writing before entering into any business venture:

Type of business;
Service or product to be provided;
Anticipated mail volume (incoming and outgoing); and
Date the business will begin.

b) The Chief Administrative Officer shall determine the youth center's capability to handle any administrative burden generated by a business venture and shall specify reasons for denial of such a request in writing unless inappropriate because of safety or security considerations.

c) No committed youth shall sell any property, product or service, either individually or through a business entity in which he has a personal or economic interest, to any other committed youth or employee, except as otherwise provided by 20 Ill. Adm. Code 2220.50.

20 Ill. Adm. Code 2445.40 Arts and Crafts

Committed youth may release to their visitors any art or craft work which they have produced, if approved by the Chief Administrative Officer.

Part 2450 Committed Youth Organizations

20 Ill. Adm. Code 2450.20 Procedures

a) Organizations of committed youth shall be permitted to be established only with the approval of the Chief Administrative Officer. Requests for permission to establish an organization must include the following information:

A statement of purpose and goals of the proposed organization;
The proposed constitution and bylaws;
Criteria and standards for membership; and
An outline of proposed activities.

b) All organizations of committed youth shall be reviewed annually for compliance with departmental rules and policy and procedures of the facility.

Part 2470 Release of Committed Youth

20 Ill. Adm. Code 2470.10 Applicability

This Part applies to all youth centers within the Department of Juvenile Justice and to all committed youth released on aftercare release, discharged, or pardoned from youth centers within the Department. It also applies, where applicable, to committed youth released to Illinois from youth centers within other states.

20 Ill. Adm. Code 2470.20 Definitions

"Department" means the Department of Juvenile Justice.

"Deputy Director of Aftercare Services " means the highest ranking official of Aftercare Services within the Department.

"Director" means the Director of the Department.

"Released youth" or "releasee" means any person committed to the Department who has been released on aftercare release, discharged, or pardoned or any person committed to another state who has been released under the supervision of the Department in this State.

20 Ill. Adm. Code 2470.30 Pre-Release Programming

The Department shall schedule committed youth for post-commitment programming prior to release where time and circumstances permit.

20 Ill. Adm. Code 2470.40 Release Plans

A release plan shall be developed and approved for each youth prior to release. The approved plan shall include the address where the released youth will reside and may address such things as drug or alcohol counseling or treatment, education, employment, and medical or mental health needs.

20 Ill. Adm. Code 2470.50 Temporary Identification Cards for Released Youth

a) The Department shall advise committed youth that they may request, in writing, a temporary identification card that may be used as one form of identification required by the Office of the Secretary of State to obtain an Illinois Identification Card. The cost for the temporary identification card shall be $1.00.

b) The Department shall issue a temporary identification card upon release to any committed youth who meets the criteria established in this Section. The temporary identification card shall expire 30 days from the date of issue and may be used for identification purposes.

c) An identification card shall only be issued by the Department in the name of the committed youth exactly as shown on the committing court documents.

To receive an identification card the committed youth shall submit a written request to his or her counselor no later than five days prior to his or her release, whenever possible, including:

A) A copy of his or her social security card and a certified copy of his or her birth certificate; and

B) An authorization for payment of the $1.00 fee from the committed youth's trust fund account.

If the name on the birth certificate does not agree with the name on the committing court documents and social security card, the committed person shall also present an official copy of a marriage license or other court documents that authorize a legal name change to the name shown on both the committing court documents and social security card.

d) The Temporary Identification Card, distinctively labeled "Released Youth Identification" on both sides of the card, shall include:

The name of the Department.
A photograph of the committed youth taken within five working days prior to his or her release.
The name under which the released youth was incarcerated.
The name of the correctional facility from which the committed youth was released.
The date of issue.
The expiration date that shall be 30 days from the date of issue.
The status of release, that is, aftercare release, discharge, or pardon.
The released youth's signature.
The released youth's date of birth, sex, and physical description, including height, weight, hair color, and eye color.
The disclaimer statement per Section 2470.50(e).

e) Any temporary identification card issued by the Department is intended to assist the released youth in the transition to the community. The Department accepts no liability for any misuse of the card and shall not be held civilly or criminally liable to anyone because of any act of any person utilizing such card issued by the Department in accordance with Section 3-14-1 of the Unified Code of Corrections [730 ILCS 5/3-14-1].

20 Ill. Adm. Code 2470.60 Release Procedures

a) Notifications of an impending release shall be made by the Department to all concerned parties, such as State's Attorney and sheriff of the committing county and of the county of release, the Prisoner Review Board, or public housing authority, in accordance with Section 3-14-1 of the Unified Code of Corrections [730 ILCS 5/3-14-1] and any other applicable statutes.

b) Prior to release:

The committed youth's master file shall be reviewed and sentence calculations shall be verified.
The committed youth's intended residence shall be verified and approved.
The committed youth shall be advised of and required to sign documentation of the conditions and, if applicable, special Prisoner Review Board orders for release in accordance with Section 3-14-2 of the Code [730 ILCS 5/3-14-2].
The committed youth shall be advised of his or her obligation to register with the selective service or as a sex offender, if any.
The committed youth shall be provided with reporting instructions and, if appropriate, a temporary identification card in accordance with Section 2470.50 of this Part.

20 Ill. Adm. Code 2470.70 Supervision of Released Youth

a) To enhance public safety and to provide a continuum of treatment and program services to assist the youth with successful reintegration into society, released youth shall be supervised by agents of the Department until discharged or pardoned.

b) The level of supervision shall be determined by the Department based on such matters as the youth's committing offense, propensity towards violence, or leadership or affiliation with security threat groups.

c) Released youth shall be monitored for compliance with statutory conditions of release and applicable special orders issued by the Prisoner Review Board.

20 Ill. Adm. Code 2470.80 Assessment and Referral of Persons on Aftercare Release

Has received substance abuse treatment services within a Department or other facility during his or her commitment;
Has been identified by the Department as requiring substance abuse treatment services; or
May have aftercare release conditioned upon treatment under the supervision of the designated program pursuant to Section 40-15 of the Alcoholism and Other Drug Abuse and Dependency Act [20 ILCS 301/40-15].

b) The designated program shall provide the services specified in this Section in a uniform manner to the Department throughout the State either directly or by sub-contract or referral.

The designated program shall obtain the releasee's informed consent prior to the provision of services.
The assessment shall include, at a minimum, collection of demographic data as specified in 77 Ill. Adm. Code 2060.325(1).

A) If it is determined that the releasee has participated in a substance abuse program as part of a prior aftercare release plan, the designated program shall request a statement from the Department.

B) This statement shall, at a minimum, summarize the releasee's aftercare release record, including, when available, known history of the substance use, the identity of any treatment program utilized by the releasee, and any record of compliance with conditions of aftercare release.

Upon completion of the assessment, the designated program shall make a recommendation to the Department or its designee relative to the releasee's substance abuse and the likelihood of the releasee's rehabilitation through substance abuse treatment.

A) Such notification to the Department shall be made to the relevant aftercare release office and to the Deputy Director of Aftercare Services.

B) The designated program shall send written notification to the releasee regarding the result of the assessment and its subsequent recommendation.

Written notification to the Department regarding the releasee's initial or subsequent admission for treatment, which shall include: identification of the treatment program; address and telephone number of the treatment program; the name of the professional treatment staff assigned to the case; the name, address, and telephone number of the designated program staff assigned to the case if different than the treatment program; and the date of the admission for treatment;
Written monthly reports to the Department relative to the releasee's status in treatment; and
A written report summarizing the releasee's treatment and rehabilitation upon discharge from the designated program.

Development and maintenance of a treatment provider network throughout the State that allows maximum accessibility to the continuum for treatment services;
Prioritization of clients based on clinical and community safety needs and availability of appropriate treatment;
Technical assistance, training, or both to licensed treatment and intervention providers on issues relevant to the delivery of services to this population; and
Referral of clients to the most effective services, based on a review of outcomes.

g) The designated program shall not hold a treatment license as described in 77 Ill. Adm. Code 2060.

i) The designated program shall have mutual linkage agreements with any treatment program utilized for referrals that ensures communication and documentation of releasee progress in treatment.

k) All chemical test services conducted by the designated program shall be in accordance with the provision specified by the Department for testing releasees.

The releasee's informed consent and any other consent to release information form;
Results of the assessment, including psychological evaluation reports and prior treatment information relied upon in determining the releasee's substance abuse program and readiness for treatment;
A copy of the notification of assessment results and recommendations to the releasee, the Department, and the relevant justice authority;
Other correspondence, court orders, or record of judicial proceedings related to the assessment or any other case management service;
Treatment admission and admission notification to the Department;
Any chemical test results;
All appearances before any court or relevant justice authority;
Written reports from the treatment provider relative to the releasee's progress in treatment;
Any warning letters or jeopardy meeting reports;
Any case conference meeting reports; and
Material related to the releasee's discharge from the designated program.

n) The designated program shall establish standardized procedures for discharge of the releasee from the designated program.

Such procedures shall include, at a minimum:

A) The process for review of the releasee's progress in treatment to determine if a change in status is justified;

B) The specific instances that would lead to a change in the releasee's status and the procedures to be followed when such a determination is made;

C) The process that will be followed when the Department requests a reassessment of a releasee; and

No change shall be made in a releasee's treatment plan without appropriate approval by the Department or other authority consistent with the aftercare release agreement. The designated program shall send written reports to the Department and relevant justice authority of discharge within:

A) Ten calendar days after successful discharge. Such reports shall contain the releasee's intended residency, if known, summary of treatment progress, and recommendations for any further treatment.

20 Ill. Adm. Code 2470.90 Release Violations

a) Agents of the Department shall have the full power of peace officers in the arrest and retaking of any releasee who has violated conditions of his or her release.

b) The Department may issue a violation warrant for the apprehension of a released youth for violations of the conditions of aftercare release. In determining whether to issue a violation warrant, the Department shall consider, among other factors, the committing offense, the frequency and seriousness of the alleged violation, the youth's adjustment and length of time under supervision, and any available alternatives.

Subchapter d Operations

Part 2501 Security

20 Ill. Adm. Code 2501.15 Responsibilities

20 Ill. Adm. Code 2501.20 Definitions

a) "Force" means physical contact used to coerce or prevent some action on the part of a committed youth, and the use of chemical agents.

b) "Deadly force" means force which is likely to cause death or great bodily harm, including the firing of weapons at or near a committed youth.

c) "Corporal punishment" means physical contact intended to inflict pain for purposes of punishment.

20 Ill. Adm. Code 2501.30 Resort to Force

a) Force shall be employed only as a last resort or when other means are unavailable or inadequate, and only to the degree reasonably necessary to achieve a permitted purpose.

b) Use of force shall be terminated as soon as force is no longer necessary.

c) Medical screening and/or care shall be conducted following any use of force which results in bodily injury.

d) Corporal punishment is prohibited.

20 Ill. Adm. Code 2501.40 Justifiable Use of Force

a) Force may be used under the following circumstances in accordance with the Unified Code of Corrections [730 ILCS 5/3-6-4]:

To compel compliance with a lawful order given by an employee to ensure the safety and security of the facility.
To protect oneself or any other person from physical assaults, injury or death.
To prevent escapes from the facility or from the custody of employees in the community.
To apprehend escapees or offenders charged with a violation of parole or mandatory supervised release within the community.
To protect State property or the property of others from unauthorized use, possession, damage or destruction.
To prevent or suppress a riot, revolt, mutiny or insurrection, or other serious disturbance.

b) An employee shall be authorized to use deadly force under the following circumstances in accordance with the Unified Code of Corrections [730 ILCS 5/3-6-4]:

When he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or any other person.
When he reasonably believes that such force is necessary to prevent an escape of a committed youth or to retake a person who has escaped.
To prevent or suppress a riot, revolt, mutiny or insurrection or during a serious disturbance when there is reason to believe that a committed person poses an imminent threat of escape, death, or great bodily harm to another person.
When he reasonably believes that such force is necessary to prevent unauthorized vehicles, aircraft, or persons from attempting to breach the perimeter fence of the facility in order to assist in an escape or insurrection by committed youth.

c) Prior to using deadly force:

The employee should ensure that no other reasonable means of intervention are available to prevent death, great bodily harm or escape.
Prior authorization of the use of weapons within facilities shall be given by the Chief Administrative Officer, whenever time and circumstances permit.

20 Ill. Adm. Code 2501.50 Firearms Authorization

a) Employees shall not be authorized to carry or use a firearm unless they have received Department firearms training and qualification.

b) The Director may authorize employees to carry firearms:

To escort or transport a committed youth outside the facilities of the Department and to return from such trips;
To protect, arrest, apprehend and reconfine a committed youth;
To fill assigned security positions requiring firearms as standard equipment; and
For training purposes.

c) The Director may personally authorize other agency employees to carry firearms after determining that there is a need based upon the specific duties and responsibilities of the employee.

20 Ill. Adm. Code 2501.60 General Use of Chemical Agents

a) Chemical agents may be justified under the following circumstances:

When use of force is otherwise justified (Section 2501.40).
When lesser means are unavailable or inadequate.

b) Prior to the use of any chemical agent when time and circumstances reasonably permit, the committed youth against whom it is to be directed shall be warned that chemical agents may be used.

c) The use of chemical agents shall be authorized by the Chief Administrative Officer.

d) When time and circumstances permit, committed youth other than those against whom the chemical agents are directed shall be removed from the area before the chemical agents are used.

e) The amount of chemical used and means of dispersal shall be limited to that necessary to achieve the purpose for which the chemical is being used.

f) Prior to and following the use of chemical agents, precautionary measures which are reasonable under the circumstances shall be taken to limit the noxious side effects of the chemical agents.

g) Notwithstanding anything else in this Section to the contrary, oleocapsicum (commonly known as pepper mace or OC) may be used without warning.

h) Nothing contained in this Section shall allow chemical agents to be used contrary to the provisions of Section 2501.70 when a committed youth refuses to leave his room.

20 Ill. Adm. Code 2501.70 Use of Chemical Agents in Rooms (consent Decree)

a) This Section applies only to the transfer of a committed youth who has refused to leave his room when so ordered. The transfer of a committed youth shall be undertaken with a minimum amount of force. Only when the individual threatens bodily harm to himself, other committed youth or security staff may tear gas or other chemical agents be employed to remove him.

b) Prior to use of tear gas or other chemical agents, the committed youth shall be informed that such tear gas or other chemical agents will be used unless he complies with the transfer order.

c) The use of tear gas or other chemical agents may be authorized only by the shift supervisor or higher authority.

If circumstances allow, ventilation devices, such as windows and fans, shall be readied prior to the use of tear gas or other chemical agents. In any event, these devices shall be employed immediately after tear gas or other chemical agents are used. The purpose of this procedure is to minimize the effect of tear gas or other chemical agents upon other committed youth located in the building.
Gas masks shall be available for use by security staff at the time the tear gas or other chemical agent is used.
When a gas canister is placed inside a committed youth's room, the gas will quickly take effect and security staff shall enter the room as soon as possible to remove the individual.
The committed youth shall be instructed by the security staff to flush his eyes and skin exposed to the chemical agent with water. If the individual appears incapable of doing so, a member of the medical staff present shall perform this task. If no member of the medical staff is present, the security staff member shall undertake this procedure.

e) An Incident Report shall be prepared immediately after the use of the chemical agent. This report shall be signed by each security staff member involved in the transfer, who may indicate disagreement with any fact stated in the report.

f) The Chief Administrative Officer shall examine these Incident Reports to ensure that proper procedures were employed. Failure to follow proper procedures will result in disciplinary action.

g) Before Section 2501.70 is modified, legal staff must be consulted. This Section was promulgated pursuant to settlement of litigation by order of the court. It may not be modified without approval of the court.

20 Ill. Adm. Code 2501.80 Training

Training in procedures for use of force shall be conducted for all institutional security employees.

20 Ill. Adm. Code 2501.105 Responsibilities

20 Ill. Adm. Code 2501.110 Movement of Committed Youth

a) Handcuffs, security belts and/or leg irons may be used to restrain any committed youth when:

A person confined pending investigation or in disciplinary segregation is moved within the facility,
A committed youth is transported outside the facility, or
Determined by the Chief Administrative Officer to be necessary to security.

b) Committed youth who are transported on writs shall not be permitted visits without the permission of the Chief Administrative Officer and the jurisdiction to which the person is transported. Visits of committed youth hospitalized in the community may be restricted to the immediate family and shall be subject to the general visiting policies of the hospital.

c) A committed youth shall be accompanied by at least one Department employee of the same sex, to the extent possible, while being transported outside a correctional facility, except in cases of an emergency or as otherwise provided in 20 Ill. Adm. Code: Chapter IX. This subsection does not apply to the Aftercare Services Division except when transporting aftercare release violators.

20 Ill. Adm. Code 2501.120 Response to Serious Institutional Disturbances

a) The Chief Administrative Officer may confine committed youth temporarily in all or part of the facility when determined necessary in order to maintain security of the facility or the safety of committed persons, employees or other youth.

b) The decision to impose a lockdown shall be reviewed and approved by the Director, whenever possible, prior to the imposition of the lockdown, but in any event, promptly thereafter.

c) Continuation of the lockdown shall be reviewed every 10 days by the Chief Administrative Officer and the Director.

20 Ill. Adm. Code 2501.130 Substance Abuse

a) Committed youth shall be subject to testing for unauthorized use of drugs and alcohol on a random, routine, or reasonable suspicion basis. Such testing shall not be used to harass, intimidate or unduly embarrass committed youth.

Drugs shall mean any substance ingested, inhaled or injected which is used to prevent a disease or as narcotics, stimulants, depressants or other chemical substances, including controlled substances identified in Section 3 of the Cannabis Control Act [720 ILCS 550/3] and the Illinois Controlled Substances Act [720 ILCS 570/102] and over-the-counter medications.
Alcohol shall mean any substance ingested which contains alcohol, including beer, wine, liquor, liqueur, cough medicine, etc.

b) Testing shall be conducted on a random basis as determined by the Chief Administrative Officer in a manner in which neither staff nor committed youth may predetermine the frequency or on whom the testing will be conducted. Random testing may include, but not be limited to, testing of the entire youth population of the facility, or specific units or program areas within the facility.

c) Testing shall be conducted on a routine basis as determined by the Chief Administrative Officer.

Observable phenomena, such as direct observation of use and/or the physical symptoms of being under the influence of drugs or alcohol;
A pattern of abnormal or erratic behavior;
Information provided by reliable and credible sources or which is independently corroborated; or
A committed youth's possession of unauthorized drugs, drug paraphernalia, or alcohol or discovery of same in an area controlled or occupied by the committed youth.

e) Committed youth shall be subject to discipline in accordance with 20 Ill. Adm. Code 2504 for failure to submit to drug or alcohol tests; for tampering or attempting to tamper with the specimen or test results; or where their test results reveal unauthorized use of drugs or alcohol.

20 Ill. Adm. Code 2501.205 Responsibilities

20 Ill. Adm. Code 2501.210 Definition

"Contraband" means items which are proscribed by criminal law, departmental or facility rules or posted notices; items for which a committed youth has no authorization to possess; or property which is in excess of that which is authorized by the facility.

"Strip search" means the removal or arrangement of some or all of a person's clothing so as to permit a visual inspection of the body or undergarments of such person.

20 Ill. Adm. Code 2501.220 Searches for Contraband

a) Searches of Visitors

All persons, vehicles and items brought onto State property are subject to search. Prominent notice to this effect shall be posted at each facility.
A body search of a visitor shall be conducted in an area offering the visitor some degree of privacy.
A strip search of a visitor may be conducted by a Department employee only upon the consent of the visitor and in accordance with the following provisions:

A) Department personnel must first have a reasonable suspicion that the visitor may be in possession of contraband or be attempting to transport contraband into the facility.

B) The visitor shall be informed that he may refuse to submit to the search by Department personnel and may be denied the visit unless he specifically consents in writing to a strip search.

C) The search shall be conducted by an employee of the same sex in an area where the search cannot be observed by persons not conducting the search.

Visitors shall not be subject to anal or vaginal cavity searches by Department personnel.
A search of a visitor may be conducted with the assistance of a detector dog.
A visitor may refuse to submit to a search. However, failure to submit to a search may result in denial, suspension or restriction of visiting privileges.

b) Searches of Committed Youth

All committed youth and their clothing, property, housing and work assignments are subject to search at any time.
Strip searches and visual searches of anal or vaginal body cavities of committed youth shall be conducted by persons of the same sex as the committed youth and in an area where the search cannot be observed by persons not conducting the search, except in cases of an emergency.
Intrusive searches of anal or vaginal body cavities of committed youth may be performed by medical personnel when a reasonable suspicion exists that contraband may be hidden in a body cavity. Intrusive shall mean physical entry into a body cavity. The search shall be conducted in an area where the search cannot be observed by persons not conducting the search, except in cases of emergency. If the committed youth does not consent to an intrusive cavity search, the search may only be performed upon the approval of the Chief Administrative Officer, in consultation with the center physician or the Agency Medical Director, and upon consideration of factors including, but not limited to, whether the search is medically contraindicated, whether the committed youth's health may be endangered if the contraband is not removed, whether alternative means of securing the contraband are feasible, and institutional security.
The Chief Administrative Officer may order a lockdown of the facility or a portion thereof to facilitate a search for contraband in accordance with Section 2501.120 of this Part.
All items of contraband discovered during a search shall be confiscated, marked and placed in a secure area until disposition in accordance with Section 2501.230.
An employee conducting the search of a committed youth's room or dormitory shall complete a form indicating the date and time of the search, the identities of participating employees, and a list of property confiscated, if any, and present it to the committed youth within a reasonable time after the search.

20 Ill. Adm. Code 2501.230 Disposition of Contraband

b) Unauthorized currency shall be deposited in the Resident's Benefit Fund after use in criminal or disciplinary proceedings. However, currency confiscated as evidence for a disciplinary proceeding may be deposited in the Resident's Benefit Fund prior to the disciplinary proceeding, provided that a record of the serial numbers of the currency is maintained for use in the proceedings.

c) If it is determined that unauthorized or excess property confiscated as contraband, other than property specified in subsections (a) and (b) of this Section, belongs to the committed youth, the committed youth may, within 30 days of notice of confiscation:

Have the property shipped at his own expense or have it picked up at the facility during certain hours by a person designated in writing.
Request in writing that the property be destroyed.
Indicate, in writing, that he has filed a grievance regarding the confiscation of the property.

d) If it is determined that unauthorized or excess property, other than property specified in subsections (a) and (b) of this Section, belongs to another committed youth, it shall be returned to the owner or the owner shall be permitted to dispose of the property in accordance with subsection (c) of this Section.

e) Property which a committed youth does not have shipped, picked up from the facility or destroyed within 30 days of notice of confiscation, or where the owner cannot be identified shall be sold, made State loan, given to a charitable organization or destroyed, as determined by the Chief Administrative Officer. The Chief Administrative Officer may hold the property for an additional 30 days when it is not possible for the property to be picked up within 30 days of notice of confiscation. Any proceeds from the sale of confiscated property shall be deposited in the Resident's Benefit Fund.

f) If a committed youth grieves the confiscation of excess or unauthorized property within 30 days of the notice of confiscation, the property shall be retained at the facility until the grievance procedure has been completed.

Part 2502 Safety, Maintenance and Sanitation

20 Ill. Adm. Code 2502.20 Menus

a) Menus shall meet minimum recommended dietary allowances.

b) Any foods which contain pork or pork by-products shall be identified as such when served. A substitute entree shall be provided to those committed youth whose religious or dietary requirements prohibit the consumption of pork.

c) In youth centers at least four servings of milk shall be offered each day.

20 Ill. Adm. Code 2502.30 Special Diets

Medical diets shall be made available to committed youth as prescribed by a Department physician or a licensed physician authorized by the Department to be a committed youth's attending physician.

20 Ill. Adm. Code 2502.40 Sanitation

a) All persons assigned to the food services department shall be screened by medical staff prior to commencing work in food service areas.

b) Sanitary practices shall be observed in the storage, handling, preparation and serving of food products.

20 Ill. Adm. Code 2502.105 Responsibilities

20 Ill. Adm. Code 2502.110 Procedure

a) Committed youth may have any length of hair, sideburns, mustaches, or beards so long as they are kept neat and clean and do not create a security risk.

b) If the growth, elimination, or color change of hair, mustache, sideburns, or beard significantly changes the youth's appearance, a new identification photograph shall be taken.

20 Ill. Adm. Code 2502.205 Responsibilities

20 Ill. Adm. Code 2502.210 Clothing

a) Clothing issued to committed youth, including shoes, shall be suitable for the season and properly stenciled or otherwise marked for identification.

b) Youth may retain and wear personal clothing items subject to the approval of the Chief Administrative Officer.

c) Laundry services shall be available on a scheduled weekly basis.

20 Ill. Adm. Code 2502.220 Bedding

Bedding suitable for weather and temperature shall be provided.

20 Ill. Adm. Code 2502.230 Linens

Clean linen shall be provided on a scheduled weekly basis.

20 Ill. Adm. Code 2502.310 Clothing for Release

a) Upon release of a youth on aftercare release, final discharge or pardon, the youth center shall provide him with clothing suitable to the season.

b) A youth may wear his own civilian clothing on his release date. Such clothing must be received at the youth center no earlier than two weeks and no later than one week prior to his release date.

20 Ill. Adm. Code 2502.320 Grants for Travel and Expenses

Upon release of a youth on aftercare release, final discharge or pardon, the Department shall procure or provide expense money for necessary transportation and may provide a grant of up to $100. In determining the amount of grant money, if any, the Department may consider, among other matters:

a) The committed youth's trust fund balance;

b) The committed youth's release plan; and

c) Restitution or other monies owed by the committed youth.

Part 2503 Classification and Transfers

20 Ill. Adm. Code 2503.15 Responsibilities

20 Ill. Adm. Code 2503.20 Classification of Committed Youth

a) Each newly committed youth shall be evaluated at a reception and classification center or unit for initial assignment to a youth center or program.

b) The evaluation shall include a review of available criminal, educational and employment history, health care condition and any other information deemed relevant to placement.

c) A recommendation for placement shall be referred to the Director who shall consider, among other matters, the recommendation and determine the initial placement of the committed youth.

d) Each committed youth shall, whenever possible, be assigned to a youth center or program within 30 days after admission to the Department.

e) A review of a committed youth's classification designation or program assignment shall be conducted at regular intervals.

20 Ill. Adm. Code 2503.105 Responsibilities

20 Ill. Adm. Code 2503.110 Definition

"Specialized mental health setting" means a Department of Juvenile Justice facility or unit which specializes in mental health care.

20 Ill. Adm. Code 2503.120 Administrative Transfers

a) A committed youth may be transferred by the Department to any of its facilities or programs or as otherwise permitted by law.

b) Transfers shall be reviewed and approved by the Director.

20 Ill. Adm. Code 2503.130 Assignment and Program Transfers

a) A request or recommendation for transfer may be submitted by a Department employee or the committed youth to the Clinical Services Supervisor or, in the Aftercare Services Division, to the Chief Administrative Officer. In youth centers, a youth's parent or guardian may submit a request for a transfer to the Chief Administrative Officer of the youth center.

b) A member of the Clinical Services staff shall interview the committed youth and, if the committed youth is eligible for the requested transfer, shall transmit to the Assignment Officer, a record of the interview, all available information regarding the proposed transfer, a summary of the individual's adjustment and program involvement and any other relevant information.

c) The Assignment Officer or psychiatrist may afford the committed youth the opportunity to meet with the Officer or psychiatrist to discuss the transfer, and shall consult with the Health Care Administrator to determine whether any necessary medical treatment has been scheduled. Scheduled medical treatments shall generally be completed prior to transfer. Exceptions must be approved by the Agency Medical Director prior to the transfer.

d) The Assignment Officer or psychiatrist shall make a recommendation to the Chief Administrative Officer who shall approve or disapprove the recommendation. The committed youth shall be informed of the decision in writing.

e) If the recommendation is for the committed youth to continue in a program at a mental health center or unit, the individual may request a review of that decision by the Placement Review Board (20 Ill. Adm. Code 2415.60).

f) If the Chief Administrative Officer approves a request or recommendation for transfer, the recommendation and a record regarding the proposed transfer shall be submitted to the Director for approval or disapproval. The committed youth shall be informed of the decision in writing.

20 Ill. Adm. Code 2503.140 Disciplinary Transfers

Transfers may be recommended by the Adjustment Committee pursuant to a finding of guilt of an infraction in accordance with 20 Ill. Adm. Code 2504.

20 Ill. Adm. Code 2503.150 Transfers to Treatment Unit Settings

a) Any youth committed to the Department may be transferred to a treatment unit setting by the Director upon the recommendation of a Department mental health professional. Committed youth determined by a Department physician, psychiatrist or clinical psychologist to be in need of placement in the Department of Human Services shall be transferred in accordance with applicable statutory provisions.

b) Procedures shall be established at treatment unit facilities which shall:

Provide for a review of continued placement by a mental health professional no less than every 90 days.
Provide an opportunity to the committed youth or, upon request, to the committed youth's parent or guardian to present material which may be relevant to the committed youth's placement or continued placement in a treatment unit setting.

Part 2504 Discipline and Grievances

20 Ill. Adm. Code 2504.12 Definitions

"Chief Administrative Officer" means the highest ranking official of a youth center.

"Department" means the Department of Juvenile Justice.

"Director" means the Director of the Department of Juvenile Justice.

"Youth" means a person committed to the Department or to the custody of the Department.

20 Ill. Adm. Code 2504.15 Responsibilities

20 Ill. Adm. Code 2504.20 Offenses and Maximum Penalties

Disciplinary offenses are defined in Appendix A. Maximum penalties for conduct that constitutes a disciplinary offense are set forth in Table A.

a) No youth shall be found guilty of any violation of these rules without a hearing before the Adjustment Committee or Program Unit. If a youth is transferred from one facility to another while pending a hearing, the individual shall be provided with an opportunity to present a defense at any subsequent disciplinary hearing held at the receiving facility that is comparable to that which would have been afforded, in accordance with this Subpart, at the sending facility.

b) In determining the appropriate sanctions, the Adjustment Committee or Program Unit, the Chief Administrative Officer, and the Director may consider, among other matters, mitigating or aggravating factors such as:

The youth's mental state at the time of committing the offense;
The extent and degree of participation in the commission of the offense;
The amount or nature of stolen property, contraband, or injury; and
The youth's prior disciplinary record.

c) Corporal punishment, disciplinary restrictions on diet, medical or sanitary facilities, clothing, bedding, mail, or access to legal materials and reductions in the frequency of use of toilets, washbowls, and showers shall be prohibited.

d) Disciplinary restrictions on visitation, work, education, or program assignments and use of the library shall be related as closely as practicable to the abuse of such privileges. This subsection shall not apply to confinement or isolation of youth for purposes of institutional control.

e) Youth are presumed to be responsible for any contraband or other property prohibited by this Part that is located on their person, within their cell or within areas of their housing, work, educational, or vocational assignment that are under their control. Areas under a youth's control include, but are not limited to, the door track, window ledge, ventilation unit, plumbing, and the youth's desk, cabinet, shelving, storage area, bed, and bedding materials in his or her housing assignment; and desk, cubicle, work station, and locker in his or her work, educational, or vocational assignment. If the youth produces evidence that convinces the Adjustment Committee or Program Unit that he or she did not commit the offense, the youth shall be found not guilty.

20 Ill. Adm. Code 2504.30 Preparation of Disciplinary Reports

a) Every employee has the duty to observe the conduct of youth.

b) If an employee observes a youth committing an offense, discovers evidence of its commission, or receives information from a reliable witness of such conduct, the employee shall promptly prepare a disciplinary report provided the conduct is such that it may result in disciplinary action that suspends privileges, involves the imposition of disciplinary confinement, delays referral to the Prisoner Review Board, or causes a change in work, education, or other program assignments of more than 7 days duration. When the rule infraction is minor, every effort should be made to take corrective action that is adapted to individual circumstances, administered immediately and consistently, and is understood by the youth through appropriate counseling efforts.

c) The disciplinary report must be fully completed. The reporting employee shall provide the following information to the extent known or available.

The name and register number of the youth.
The place, time, and date of the offense.
The offense that the youth is alleged to have committed.
A written statement of the conduct observed.
The names of youth, employees, and visitors who were witnesses. The identity of witnesses may be withheld for reasons of security provided a statement to that effect and the information the confidential source provided are included on the disciplinary report to the extent the information can be included without jeopardizing security.
The signature of the reporting employee and the date and time the report is completed.

d) If a youth is suspected of committing a disciplinary offense, an investigative disciplinary report, hereinafter referred to as an investigative report, may be issued that reasonably informs the youth of the subject of the investigation to the extent that safety and security allow.

f) Service of a disciplinary report upon the youth shall commence the disciplinary proceeding. In no event shall a disciplinary report or investigative report be served upon youth more than 6 days, after the commission of an offense or the discovery thereof unless the youth is unavailable or unable to participate in the proceeding.

20 Ill. Adm. Code 2504.40 Temporary Confinement

a) The shift supervisor shall determine whether or not it is necessary to place the youth in investigative status or in temporary confinement status pending a disciplinary hearing or a determination whether or not to issue a disciplinary or investigative report in accordance with Section 2504.30. The Chief Administrative Officer shall also have the authority to release the youth from temporary confinement. The decision to place a youth in temporary confinement may be based, among other matters, on:

The aggressiveness of the youth;
The threat posed to the safety and security of the facility or any person;
The need to restrict the youth's access to general population to protect the individual from injury or to conduct the investigation; or
The seriousness of the offense.

b) A youth shall not be placed in temporary confinement status pending a disciplinary hearing for more than 4 days unless the individual is in investigative status.

20 Ill. Adm. Code 2504.50 Review of Disciplinary Reports

a) The Chief Administrative Officer of each facility shall designate one or more Reviewing Officers.

b) The Reviewing Officer shall review the decision to place a youth in temporary confinement within 3 days after such placement, whenever possible, and may order release from or placement in temporary confinement. Among other matters, the factors listed in Section 2504.40(a) may be considered. If a disciplinary or investigative report has not been written within 3 days after placement in temporary confinement, the Reviewing Officer shall inform the Chief Administrative Officer.

c) A youth who receives an investigative report shall be interviewed by the Reviewing Officer in order to permit the youth an opportunity to present his or her views regarding placement in investigative status. The interview shall be conducted within 3 days after initial placement of a youth in investigative status, whenever possible.

The Reviewing Officer shall recommend whether to continue placement of the youth in investigative status. Among other matters, factors listed in Section 2504.40(a) may be considered. The Chief Administrative Officer shall make the final determination.
The youth shall be informed of the decision and the decision shall be documented in writing.
The youth may be detained in investigative status for up to 5 days.
If the investigation does not indicate that the youth may be guilty of any disciplinary offense, placement in investigative status shall be terminated and the report shall be expunged from the youth's records. A copy shall be maintained in an expungement file. This decision shall be made by the Chief Administrative Officer and shall be documented in writing.
If, as a result of the investigation, it is necessary to amend or modify the original charges, the youth shall be issued a revised disciplinary report.
Upon completion of the investigation, the youth shall appear before the Adjustment Committee for a hearing on the disciplinary report unless the report has been expunged.
In the event that an investigation cannot be completed within 5 days due to an institutional emergency, the Chief Administrative Officer may personally authorize, in writing, an extension of up to 5 days placement in confinement for juveniles pending investigation. As used in this Section, an institutional emergency includes riots, strikes, lockdowns, and natural disasters.

d) The Reviewing Officer shall review each disciplinary report and determine whether:

The reported facts justify a disciplinary hearing. If not, the report shall be expunged from the youth's records. A copy shall be maintained in an expungement file.
The disciplinary report has been completed properly. If not, the Reviewing Officer shall make the necessary corrections or direct the reporting employee to make the corrections. The youth shall be provided with a copy of the corrected report. In the event the corrected report contains new charges, the youth shall be provided a copy of the corrected report at least 24 hours prior to the hearing, unless the youth waives this notice in writing.
The offense is major or minor in nature. Major offenses shall be assigned to the Adjustment Committee for a hearing and minor offenses shall be assigned to the Program Unit for a hearing.

A) Aiding and abetting, soliciting, attempting to commit, conspiring to commit, or committing any offense listed in the 100, 200, or 500 series of Table A shall be considered a major offense.

20 Ill. Adm. Code 2504.60 Adjustment Committee and Program Unit Composition

a) The Chief Administrative Officer shall appoint the Adjustment Committee, which shall be composed of at least 2 members.

The Chief Administrative Officer shall designate a chairperson.

b) The Program Unit shall be composed of a group of employees appointed by the Chief Administrative Officer who shall serve as Hearing Officers.

20 Ill. Adm. Code 2504.70 Adjustment Committee Hearing Procedures

a) The Adjustment Committee hearing shall be convened but need not be concluded within 7 days after the commission of the offense or its discovery, whenever possible, unless the youth has received a continuance or is unable or unavailable for any reason to participate in the hearing. For purposes of this Section, when an investigation has taken place, an offense is considered to be discovered upon the conclusion of the investigation. Inability to participate includes the absence of the youth from the facility for any reason or certification by health care staff that the youth is unable to appear.

b) The youth shall receive written notice of the facts and charges being presented against him or her no less than 24 hours prior to the Adjustment Committee hearing. The youth may waive the 24-hour advance notice. The waiver shall be in writing.

c) The youth shall be informed before or at the hearing of information that would tend to show that the youth was not guilty. If information is provided to him or her at the hearing, the youth shall, upon request, be given a continuance.

d) Any person who initiated the allegations that serve as the basis for the disciplinary report, or who conducted an investigation into those allegations, or who witnessed the incident, or who is otherwise not impartial shall not serve on the Adjustment Committee hearing that disciplinary report. A youth who objects to a member of the Committee based on a lack of impartiality must raise the matter at the beginning of the hearing. The Committee shall document the basis of the objection and the decision in the Adjustment Committee summary.

e) A youth may, upon written request and for good cause shown, be granted additional time to prepare his or her defense. If at the time of the hearing the Committee determines that the youth was unable to prepare a defense, because of a language barrier, the Committee shall automatically grant a request for a continuance for language assistance. The committee shall then make the necessary arrangements for language assistance. Inability to prepare a defense due to a language barrier includes, but is not limited to, a request for witnesses.

f) Any youth charged with a violation of any rules shall have the right to appear before and address the Committee. Any refusal to appear shall be documented and provided to the Committee. However, failure to appear before or address the Committee may be adversely construed against the individual by the Adjustment Committee.

The youth may make any relevant statement or produce any relevant documents in his or her defense.
Prior to the hearing, the youth may request that witnesses be interviewed. The request shall be in writing on the space provided in the disciplinary report and shall include an explanation of what the witnesses would state. If the youth fails to make the request in a timely manner before the hearing, the individual may be granted a continuance for good cause shown.

g) The Committee shall consider all material presented that is relevant to the issue of whether or not the youth committed the offense.

h) The Adjustment Committee shall consider any statements of witnesses with relevant knowledge of the incident who are reasonably available.

The Committee or its Hearing Investigator may interview witnesses and prepare or review summaries of their testimony prior to or at or subsequent to the hearing.
The offender does not have the right to confront or cross-examine any witnesses but may submit questions for witnesses to the Committee prior to the hearing. These questions shall be asked by the Committee or its Hearing Investigator unless found to be cumulative, irrelevant, or a threat to the safety of individuals or the security of the facility.
A means shall be provided in each living unit for youth to submit witness request slips. The Committee may disapprove witness requests that are not received prior to the hearing.
Requests by youth for witnesses may be denied if their testimony would be, among other matters, irrelevant or cumulative or would jeopardize the safety or disrupt the security of the facility. If any witness request is denied, a written reason shall be provided.
At least one person who serves as an Adjustment Committee member shall hear the in-person testimony of the youth's witnesses where the youth makes a timely request for the witnesses or is granted a continuance to request witness testimony. In-person testimony of the youth's witnesses shall be defined as face-to-face contact or telephonic contact by the Adjustment Committee.
If the Adjustment Committee makes a written determination that the in-person testimony by the witness requested by the youth would undermine authority or would present potential disruption of the operations of the facility or a threat to the safety of any person or institutional safety or correctional goals, the Adjustment Committee may elect to accept the testimony through other legally permissible means, including, but not limited to, a sworn written summary of an interview of the witness or a sworn statement.
A sworn written statement or sworn written summary of a witness' testimony is a reasonable alternative to in-person testimony if the witness' testimony will be accepted as credible and it involves verification of alleged facts, including but not limited to a witness who will testify to the authenticity of contents of a record or document, cell location, work assignment, writ status, staff work schedule, or identification.
When testimony is presented to the Adjustment Committee in the form of a written summary or statement, a copy of the written summary or statement shall be given to the accused youth unless the Adjustment Committee finds that disclosure presents a threat to the safety of any person.

i) The youth shall not have the right to either retained or appointed counsel. The youth may request the assistance of a staff member in the preparation and presentation of his or her defense if he or she is illiterate or does not speak English or when other circumstances exist that preclude the individual from adequately preparing his or her defense.

j) The Adjustment Committee shall decide whether or not the youth committed the offense based upon all relevant information and evidence.

The Committee must be reasonably satisfied there is some evidence that the youth committed the offense for the individual to be found guilty.
Polygraph results may be considered but may not be the sole basis for finding the youth guilty of the offense.

k) The Adjustment Committee shall take one of the following actions, based upon the evidence admitted:

Find that the youth did not commit the offense. In that case, the Committee shall order that the disciplinary report be dismissed and expunged from the youth's record. A copy shall be maintained in an expungement file.
Find that further investigation is necessary to determine if the youth did or did not commit the offense and place the youth in investigative status.
Find that additional time is needed to obtain information relative to the charge. The hearing may be continued for a reasonable time. However, unless the youth is placed in investigative status, the individual may not be confined for more than 7 days from the date of placement in temporary confinement.
Find that the youth did commit the offense or a lesser offense for which the elements were included in the original charge. The Committee may recommend one or more of the following disciplinary actions:

A) Reprimand the youth.

B) Suspend or restrict one or more privileges of the youth for a specific period of time.

C) Reduce the youth's grade or level.

D) Change the youth's program.

E) Change the youth's housing assignment or transfer the individual to another youth center.

F) Increase the youth's security classification.

G) Place the youth in confinement. A youth may not be confined for more than 7 consecutive days nor more than 15 days within a 30 day period except in cases of violence or attempted violence in accordance with Section 2504.230. Credit shall be given for any period of pre-hearing and investigative status confinement.

H) Require the youth to make restitution.

I) Require forfeiture of items of contraband used in the offense or possessed in violation of this Part.

J) Delay referral of a youth to the Prisoner Review Board for recommended parole or aftercare.

This Part shall in no way be construed to restrict or limit the Department's ability to administratively change a youth's job, educational, program, or housing assignment, to restrict privileges, or to transfer the youth to another facility.

l) A written record shall be prepared and signed by all members of the Committee that contains:

A summary of oral and written statements and other evidence presented.

A) The Committee may consider information from confidential sources if:

i) It finds that his or her identity must be withheld for reasons of security; and

ii) The information is reliable.

B) Reliability may be established by one of the following:

i) The investigating officer has indicated, in writing and by his or her appearance before the Adjustment Committee, the truth of his or her report containing confidential information;

ii) Corroborating testimony such as statements from other sources or polygraph results; or

C) If the identity of a source is being withheld for reasons of security, a statement to that effect and a statement that the Committee finds the information reliable must be included. A summary of the information provided and the basis for the finding of reliability shall be documented, but need not be included in the summary based on safety and security concerns.

If the Committee members find that the youth committed the offense, a statement as to their reasons for the finding. If exonerating evidence is presented and disregarded, the Committee must state the basis for disregarding the evidence.
The disposition of the charges, the disciplinary action recommended, and the reasons for recommending the disciplinary action.

m) If the safety or security of the youth center or any person is jeopardized by certain references in the written record, they may be deleted but the fact that omissions have been made shall be noted on the summary, along with a finding that material is being deleted based on safety or security concerns.

n) If the youth is found guilty, the individual shall be informed of the opportunity to appeal through the grievance procedures in 20 Ill. Adm. Code 2504.Subpart C.

o) A copy of the disciplinary report and Adjustment Committee summary shall be forwarded to the Chief Administrative Officer for review and approval and a copy shall be filed in the youth's record. The youth shall be given a copy of the Adjustment Committee summary.

p) The Chief Administrative Officer shall review all Adjustment Committee dispositions. The Deputy Director of the Juvenile Division shall review any Adjustment Committee disposition of a youth when the Committee has recommended a delay in referral of the youth to the Prisoner Review Board for more than 30 days.

The Director, Deputy Director, or Chief Administrative Officer may take the following actions:

A) Confirm the recommendation in whole or in part.

B) Order additional or new proceedings.

C) Suspend or overturn the recommendation.

D) Offer the youth a work assignment which, if accepted and satisfactorily completed, will result in reduction of original disciplinary sanctions.

The Director, Deputy Director, or Chief Administrative Officer shall not increase the sanctions recommended by the Adjustment Committee, but he or she may reduce them. The youth shall be sent a copy of any modification to the Adjustment Committee recommendations.

20 Ill. Adm. Code 2504.80 New or Additional Proceedings

a) The Director, Deputy Director, or Chief Administrative Officer shall remand the decision to the Adjustment Committee for new proceedings if the proceedings are found to be defective due to:

Inadequate notice, including failure to state the correct date of the offense on the disciplinary report or failure to provide the youth with 24-hour notice of the hearing and such notice was not waived.
Lack of impartiality of the Adjustment Committee.
Improper exclusion of witnesses.
Failure to provide exonerating information to the youth prior to the hearing.

b) New or additional proceedings may be ordered in other circumstances, as determined by the Director, Deputy Director, or Chief Administrative Officer.

The youth shall be provided with notice of the rehearing within a reasonable time after the Chief Administrative Officer's decision or the youth center's receipt of the decision.
The rehearing shall commence within 7 days after the Chief Administrative Officer's decision or the youth center's receipt of the decision, whenever possible.
The procedures on remand shall be conducted in accordance with the procedures governing the hearing on the original charge.

c) The Director, Deputy Director, or Chief Administrative Officer may remand the decision to the Adjustment Committee for additional documentation, correction, or clarification of the Adjustment Committee summary, including the statement of reasons for excluding witnesses, the basis for the finding of guilt and imposition of sanctions, statement of reasons for deeming sources to be confidential, or the failure to specify reasons for finding a confidential source to be reliable.

The youth shall not have the right to a new hearing, but shall be notified of the decision.
After the Adjustment Committee has amended its summary, it shall be forwarded to the Chief Administrative Officer and then to the Director in accordance with the procedures applicable to review of the original disposition.

d) Upon remand, sanctions greater than those imposed at the original hearing shall not be permitted unless the youth is charged with a different offense that provides for a greater penalty than provided for under the original charge or new evidence is produced which was not available at the original hearing which justifies the imposition of greater punishment. However, this does not prohibit the youth from being found guilty and disciplined on remand when the Adjustment Committee had erroneously dismissed the disciplinary report on procedural grounds.

20 Ill. Adm. Code 2504.90 Program Unit Hearing Procedures

a) The Program Unit hearing shall be convened, but need not be concluded, within 7 days after the commission of the offense or its discovery, whenever possible, unless the youth is unable to participate in the hearing.

b) The youth shall receive written notice of the facts and charges being presented against him or her prior to the hearing.

d) The hearing may be continued to obtain additional information or upon the youth's written request and for good cause shown.

e) The youth shall have the right to appear before and address the Program Unit Hearing Officer.

f) The Program Unit Hearing Officer may call witnesses and review any information relevant to the charge.

g) The youth shall not have the right to retained or appointed counsel. The youth may request the assistance of a staff member in the preparation of his or her defense if the individual is illiterate or does not speak English or when other circumstances exist that preclude the individual from adequately preparing his or her defense.

h) The Program Unit Hearing Officer may return a disciplinary report to the Chief Administrative Officer with a recommendation for a hearing before the Adjustment Committee. The factors listed in Section 2504.20(b) shall be considered when making this determination.

If approved by the Chief Administrative Officer, a hearing before the Adjustment Committee shall commence within 7 days after the approval, whenever possible.
If not approved, the disciplinary report shall be referred back for a hearing before the Program Unit which shall commence within 7 days after the decision not to approve the recommendation, whenever possible.

i) The Program Unit Hearing Officer may recommend any of the actions authorized in Section 2504.70(k) of this Part except that the Officer may not recommend placement in segregation or confinement, delay in referral of a youth to the Prisoner Review Board for recommended parole or aftercare, an increase in the youth's security classification, or transfer to another youth center.

j) A record shall be signed by the Hearing Officer that contains a summary of oral and written statements and other evidence presented, the decision, and the disciplinary action recommended.

k) The summary shall be processed in accordance with Sections 2504.70(o) and (p) and 2504.80 of this Part.

20 Ill. Adm. Code 2504.100 Computation of Discipline for Multiple Offenses

a) When a youth has been found in violation of more than one offense arising from a single incident, the maximum penalty shall not exceed the maximum penalty for the most serious offense the individual is found to have committed.

b) When a youth has been found in violation of more than one offense arising from separate incidents, the maximum penalty for each offense may be imposed, and such penalties shall run consecutively. For example, a youth who is found guilty of assaulting several persons within a short period of time has committed multiple offenses that would be punishable consecutively.

20 Ill. Adm. Code 2504.110 Restitution Procedures

a) The Adjustment Committee or Program Unit may recommend that the youth make restitution in any amount not to exceed costs incurred or damages sustained by any person, entity, or state as a result of the disciplinary offense, including expenses for investigating the matter and processing the disciplinary report. The Adjustment Committee or Program Unit shall document the amount and the conditions of payment.

b) If the Adjustment Committee or Program Unit determines that restitution is appropriate, it shall ask the youth to authorize disbursement from his or her trust fund or from any other account.

If the youth agrees to make restitution the individual shall sign an authorization for disbursement of funds either to the State or to the appropriate individual.
If the youth refuses to authorize disbursement of his or her current funds or future earnings in accordance with the Adjustment Committee's or Program Unit's recommendation, the Adjustment Committee or Program Unit may recommend that a hold be placed on the individual's account for such amount, and may further recommend that the individual's commissary privileges or other expenditures, be suspended in whole or in part for a definite period of time. However, the youth shall be permitted to retain a sufficient amount of funds to purchase basic personal hygiene items if such items are not provided by the youth center.

c) The Adjustment Committee or Program Unit may consider the youth's willingness to make restitution in imposing any other disciplinary sanctions.

d) A youth shall not be subjected to greater punishment because he or she is without funds and therefore unable to make restitution.

e) In the event a youth is released prior to full payment of restitution, arrangements shall be made for payment of the balance of the authorized restitution. If the youth did not authorized restitution, all or a portion of the grant money provided for in 20 Ill. Adm. Code 2502.320 may be suspended.

20 Ill. Adm. Code 2504.150 Restoration of Good Time

Good time which has been revoked may be restored in accordance with 20 Ill. Adm. Code 107.160.

20 Ill. Adm. Code 2504.210 Definitions

"Chief Administrative Officer" means the highest ranking official of a youth center.

"Confinement" means an extended period of restriction in a room, isolated from other youth.

"Department" means the Department of Juvenile Justice.

"Director" means the Director of the Department of Juvenile Justice.

"Youth" means a person committed to the Department or to the custody of the Department.

20 Ill. Adm. Code 2504.215 Responsibilities

20 Ill. Adm. Code 2504.220 Placement in Confinement

a) Confinement may be imposed only under the following conditions:

When an youth has committed or is under investigation for commission of a rule violation;
When the behavior of the youth poses a serious threat to his or her own safety, the safety of others, or the security of the facility; or
When a youth is awaiting transfer to a more secure setting.

b) Youth may be confined in their rooms or living areas or in any other area designated by the Chief Administrative Officer.

20 Ill. Adm. Code 2504.230 Confinement Procedures

a) A youth confined to his or her room for 24 hours or more shall be interviewed daily by his or her counselor or any other staff member approved by the Chief Administrative Officer.

b) Confinement may not exceed 7 consecutive days or 15 days in any 30 day period except in cases of violence or attempted violence against another person, assault or attempted assault of a person, or damage or attempted damage of property. Under such circumstances, an additional period of confinement may be ordered by the Chief Administrative Officer.

c) Medical staff and the shift supervisor shall be notified of all confinement placements. Any medical complaint registered by the youth while in confinement shall be reported immediately to the medical staff, if on duty, or to the shift supervisor who shall contact a member of the medical staff immediately.

d) Visual checks shall be made of all youth in confinement no less than every 15 minutes and shall be documented.

e) Use of physical restraints on youth in confinement must comply with 20 Ill. Adm. Code 2501.Subpart B.

f) Youth in confinement shall be provided time outside the room for daily showers, personal grooming, and recreation.

Youth confined for more than 24 hours shall be provided a minimum of 2 hours outside the room for every 24-hour period, whenever possible.
Time outside a confinement room may be restricted on orders of the Chief Administrative Officer when release of the youth poses a threat to the safety of the individual or others or to the security of the facility.

g) Youth in confinement shall be permitted to have family, attorney, and clergy visits. Family and clergy visits may be restricted by order of the Chief Administrative Officer when the youth poses a threat to the physical safety of the individual or others or to the security of the youth center.

h) Reading materials shall be provided to the youth for use in the room provided the materials are not abused. Youth shall be provided access to writing materials daily, outside the room. Any abuse of reading or writing materials must be documented on a disciplinary report and may result in temporary restriction except for communication to counsel or the court.

20 Ill. Adm. Code 2504.302 Definitions

"Chief Administrative Officer" means the highest ranking official of a youth center.

"Department" means the Department of Juvenile Justice.

"Director" means the Director of the Department of Juvenile Justice.

"Facility ADA Coordinator" means the person or persons designated by the Chief Administrative Officer to coordinate efforts of the youth center in carrying out its responsibilities under Title II of the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.).

"Youth" means a person committed to the Department or to the custody of the Department.

20 Ill. Adm. Code 2504.305 Responsibilities

20 Ill. Adm. Code 2504.310 Filing of Grievances

a) A youth shall first attempt to resolve incidents, problems, or complaints other than complaints concerning disciplinary proceedings through his or her counselor. If a youth is unable to resolve the complaint informally or if the complaint concerns a disciplinary proceeding, the individual may file a written grievance on a grievance form that shall be made available in all living units. A grievance shall be filed within 60 days after the discovery of the incident, occurrence, or problem that gives rise to the grievance. However, if a youth can demonstrate that a grievance was not timely filed for good cause, the grievance shall be considered. The grievance procedure shall not be utilized for complaints regarding decisions that are outside the authority of the Department, such as parole or aftercare decisions, clemency, or orders regarding length of sentence or decisions that have been rendered by the Director.

b) The grievance form shall be addressed to the Grievance Officer and shall be deposited in the living unit mailbox or other designated repository. The grievance shall contain factual details regarding each aspect of the youth's complaint, including what happened, when, where, and the name of each person who is the subject of or who is otherwise involved in the complaint. This provision does not preclude a youth from filing a grievance when the names of individuals are not known, but the youth must include as much descriptive information about the individual as possible.

c) Staff assistance shall be available as requested by those youth who cannot prepare their grievances unaided as determined by institutional staff.

All youth shall be entitled to file grievances regardless of their disciplinary status or classification.
Each youth center shall take reasonable steps to ensure that the grievance procedure is accessible to youth who are impaired, disabled, or unable to communicate in the English language.

d) Youth shall be informed of the grievance procedure at the admitting facility and may request further information regarding the procedure from their counselors.

The written procedure shall be available to all youth.
A youth unable to speak or read the English language may request that the procedure be explained in the individual's own language.

20 Ill. Adm. Code 2504.320 Grievance Officer

a) The Chief Administrative Officer shall appoint 2 or more employees who may serve as a Grievance Officer to attempt to resolve problems, complaints, and grievances that youth have been unable to resolve through routine channels.

20 Ill. Adm. Code 2504.330 Grievance Procedures

a) A Grievance Officer shall review grievances at least weekly, provided that one or more grievances have been filed. Grievances on issues that are deemed without merit may be returned as denied to the sender without further investigation. No merit grievances include grievances that:

Have previously been addressed for which there is no additional information; or
Are on issues that do not involve or affect the youth.

b) The Grievance Officer shall promptly submit a copy of any grievance alleging discrimination based on disability or a request for an accommodation based upon disability to the facility ADA Coordinator. The facility ADA Coordinator shall conduct such investigation as deemed appropriate and make written recommendations to the Chief Administrative Officer for resolution of the grievance.

c) A youth may be afforded an opportunity to appear before the Grievance Officer unless the grievance is deemed without merit. The Officer may call witnesses as deemed appropriate.

d) The Grievance Officer shall consider the grievance and report his or her findings and recommendations in writing to the Chief Administrative Officer. The Chief Administrative Officer shall advise the youth of the decision in writing within 2 months after receipt of the written grievance, where reasonably feasible under the circumstances. Responses to duplicate grievances on issues that are currently being grieved may be combined in one response.

20 Ill. Adm. Code 2504.340 Emergency Procedures

A youth may request a grievance be handled on an emergency basis by forwarding the grievance directly to the Chief Administrative Officer.

a) If the Chief Administrative Officer determines that there is a substantial risk of imminent personal injury or other serious or irreparable harm to the youth, the grievance shall be handled on an emergency basis.

b) The Chief Administrative Officer shall expedite processing of the grievance and respond to the youth, indicating what action shall be or has been taken.

20 Ill. Adm. Code 2504.350 Appeals

a) If, after receiving the response of the Chief Administrative Officer, the youth still feels that the problem, complaint or grievance has not been resolved to his or her satisfaction, he or she may appeal in writing to the Director within 30 days after the date of the decision. Copies of the Grievance Officer's report and the Chief Administrative Officer's decision should be attached.

b) The Director shall review the grievance and the responses of the Grievance Officer and Chief Administrative Officer and shall determine whether the grievance requires a hearing before the Administrative Review Board. If it is determined that the grievance is without merit or can be resolved without a hearing, the youth shall be advised of this disposition, in writing.

c) An Administrative Review Board shall be appointed by the Director. One member of the Board may be a citizen from the community. A Department member shall be designated as chairperson.

d) The Administrative Review Board shall meet as frequently as necessary and may schedule hearings on grievances. Hearings may be conducted in person or via video or telephonic conference. The Board may call witnesses or examine records at its discretion.

e) The Administrative Review Board shall submit to the Director a written report of its findings and recommendations.

f) The Director shall review the findings and recommendations of the Board and make a final determination of the grievance within 6 months after receipt of the appealed grievance, where reasonably feasible under the circumstances. The youth shall be sent a copy of the Director's decision.

g) In those instances where a youth is appealing a grievance determined by the Chief Administrative Officer to be of an emergency nature, the Administrative Review Board shall expedite processing of the grievance.

20 Ill. Adm. Code 2504.360 Records

Records regarding the filing and disposition of grievances shall be maintained in the youth's master file.

20 Ill. Adm. Code 2504.370 Direct Review by Administrative Review Board

a) Youth shall submit grievances directly to the Administrative Review Board when grieving:

Decisions regarding the involuntary administration of psychotropic medication.
Decisions regarding disciplinary proceedings that were made at a youth center other than the youth center where the youth is currently assigned.
Other issues except personal property issues that pertain to a youth center other than the youth center where the youth is currently assigned.

b) The Administrative Review Board shall review and process the grievance in accordance with Section 2504.350.

20 Ill. Adm. Code 2504.400 Applicability

This Subpart applies to persons committed to the Department of Juvenile Justice who have been released from youth centers and are under the supervision of the Department.

20 Ill. Adm. Code 2504.405 Definitions

"Department" means the Department of Juvenile Justice.

"Director" means the Director of the Department of Juvenile Justice.

"Aftercare Supervisor" means the supervisor of an Aftercare Specialist or a geographic area within the Department.

"Releasee" means any person committed to the Department who has been released under conditional supervision in Illinois due to parole, aftercare or mandatory supervised release, but who has not yet been discharged from a correctional facility.

20 Ill. Adm. Code 2504.410 Responsibilities

a) Unless otherwise specified, the Director or Aftercare Supervisor may delegate responsibilities stated in this Subpart to another person or persons or designate another person or persons to perform the duties specified.

b) No other individual may routinely perform duties whenever a Section in this Subpart specifically states the Director or Aftercare Supervisor shall personally perform the duties. However, the Director or Aftercare Supervisor may designate another person or persons to perform the duties during periods of his or her temporary absence or in an emergency.

20 Ill. Adm. Code 2504.420 Filing of Grievances

a) Releasees who have been unable to resolve complaints or problems through aftercare staff may file a written grievance with the Aftercare Supervisor. A grievance shall be filed within 60 days after the discovery of the incident, occurrence, or problem which gives rise to the grievance. However, if a releasee can demonstrate that a grievance was not timely filed for good cause, the grievance shall be considered. Complaints or problems regarding the revocation of release status, clemency, or orders regarding the length of sentence or decisions that have been rendered by the Director are not reviewable under this procedure.

b) The grievance shall contain factual details regarding each aspect of the releasee's complaint, including what happened, when, where, and the name of each person who is the subject of or who is otherwise involved in the complaint. This provision does not preclude a releasee from filing a grievance when the names of individuals are not known, but the releasee must include as much descriptive information about the individual as possible.

20 Ill. Adm. Code 2504.430 Review of Grievances

a) The Aftercare Supervisor shall promptly submit a copy of any grievance alleging discrimination or a request for an accommodation based on disability to the facility ADA Coordinator. The facility ADA Coordinator shall conduct such investigation as deemed appropriate and make written recommendations to the Aftercare Supervisor for resolution of the grievance.

b) The Aftercare Supervisor shall interview the releasee, unless the grievance is deemed without merit, and shall evaluate and respond to the grievance in writing within 2 months, where reasonably feasible under the circumstances. Grievances on issues that are deemed without merit may be returned to the sender as denied without further review. No merit grievances include grievances that have previously been addressed for which there is no additional information or that are on issues that do not involve or affect the releasee. Copies of the grievance and response shall be retained in the releasee's case file.

20 Ill. Adm. Code 2504.440 Appeals

a) The releasee may, if not satisfied with the results of the grievance, submit a written appeal within 30 days after the date of the decision to:

Director

Department of Juvenile Justice

1301 Concordia Court, P.O. Box 19277

Springfield, Illinois 62794-9277

b) The Director shall review the grievance and submit a written response to the releasee within 6 months after receipt of the appealed grievance, where reasonably feasible under the circumstances.

20 Ill. Adm. Code 2504.APPENDIX A Offense Numbers and Definitions

VIOLENT ASSAULT OF ANY PERSON

Causing a person or an object to come into contact with another person in a deadly manner or in a manner that results in or is likely to result in serious bodily injury.

ARSON

Setting fire in any location whether public or private, including, but not limited to, any part of the facility, its grounds, or State vehicles.

ASSAULTING ANY PERSON

Causing a person, substances, or an object to come into contact with another person in an offensive, provocative, or injurious manner or fighting with a weapon.

BRIBERY & EXTORTION

DANGEROUS CONTRABAND

Possessing, manufacturing, introducing, selling, supplying to others, or using without authorization any explosive, acid, caustic material for incendiary devices, ammunition, dangerous chemical, escape material, knife, sharpened instrument, gun, firearm, razor, glass, bludgeon, brass knuckles, cutting tools, tools which may be used to defeat security measures such as hacksaw blades, keys, and lock picks, any other dangerous or deadly weapon or substance of like character, or any object or instrument that is made to appear to be or could be used as a deadly or dangerous weapon or substance.

DANGEROUS DISTURBANCES

Causing, directing, or participating in any action or group activity that may seriously disrupt activities or endanger the facility, persons, or property, including the taking or holding of hostages by force or threat of force and engaging in prohibited group activities such as work stoppages or hunger strikes.

ESCAPE OR RUNAWAY

For escape of a felon or runaway of a juvenile delinquent, leaving or failing to return to lawful custody without authorization, including the failure to return from furlough, leave, or authorized absence within 2 hours after the designated time.

SEXUAL MISCONDUCT

Engaging in sexual intercourse, sexual conduct, or gesturing, fondling, or touching done to sexually arouse, intimidate, or harass either or both persons; or engaging in any of these activities with an animal.

SEXUAL ASSAULT

Causing unwilling contact between the sex organ of one person and the sex organ, mouth, or anus of another person or any intrusion of any part of the body of one person or object into the sex organ or anus of another person by use of force or threat of force, including pressure, threats, or any other actions or communications by one or more persons to force another person to engage in a partial or complete sexual act.

ELECTRONIC CONTRABAND

Possessing, selling, receiving, supplying to others, or using without authorization any electronic device, video recording device, computer, or cellular communications equipment, including, but not limited to, cellular telephones, cellular telephone batteries, pagers, computers, and computer peripheral equipment.

IMPEDING OR INTERFERING WITH AN INVESTIGATION

Obstructing, impeding, or refusing to provide information relevant to an investigation.

CONCEALMENT OF IDENTITY

Wearing a disguise or a mask, impersonating another, or otherwise concealing one's identity.

DAMAGE OR MISUSE OF PROPERTY

Destroying, damaging, removing, altering, tampering with, or otherwise misusing property belonging to the State, another person, or entity, including the obstruction of locks or security devices, destroying or tampering with bar codes or identification cards, or the use of another person's identification card.

DRUGS AND DRUG PARAPHERNALIA

Possessing, manufacturing, introducing, selling, supplying to others, or receiving alcohol, any intoxicant, inhalant, narcotic, syringe, needle, controlled substance, or marijuana; or being under the influence of any of the above substances; or refusing to be tested for drug or alcohol use, including failure to provide a specimen within 2 hours after the request; or destroying or tampering with drug or alcohol tests or testing equipment. This offense includes medication misuse, for example, the possession or use of unauthorized amounts of prescribed medication, or selling or supplying prescribed medication to others.

FORGERY

Forging, counterfeiting, or reproducing without authorization any document, article of identification, money, security, or official paper.

SECURITY THREAT GROUP OR UNAUTHORIZED ORGANIZATIONAL ACTIVITY

Engaging, pressuring, or authorizing others to engage in security threat group or unauthorized organizational activities, meetings, or criminal acts; displaying, wearing, possessing, or using security threat group or unauthorized organizational insignia or materials; or giving security threat group or unauthorized organizational signs. Unauthorized organizational activity shall include engaging in the above activities by or on behalf of an organization that has not been approved pursuant to 20 Ill. Adm. Code 445 or 450.

INTIMIDATION OR THREATS

Expressing by words, actions, or other behavior an intent to injure any person or property that creates the reasonable belief that physical, monetary, or economic harm to that person or to another will result.

POSSESSION OF MONEY

Possessing or causing to be brought into the facility any coin, currency, or other negotiable instrument without authorization or for residents of transition centers, failure to promptly submit all income to center staff, including wages, tips, gifts, or any check for social security, disability, veteran’s benefits, grants, scholarships, or loans.

DANGEROUS COMMUNICATIONS

DANGEROUS WRITTEN MATERIAL

IMPAIRMENT OF SURVEILLANCE

Using curtains, coverings, or any other matter or object in an unauthorized manner that obstructs or otherwise impairs the line of vision into an offender’s cell or room or which obstructs or otherwise impairs any viewing panel or surveillance equipment, both audio and visual, within the facility.

POSSESSION OR SOLICITATION OF UNAUTHORIZED PERSONAL INFORMATION

Possessing or soliciting unauthorized personal information regarding another offender, releasee, employee, or former employee, including, but not limited to, personnel files, master files, medical or mental health records, photographs, social security numbers, home addresses, financial information, or telephone numbers except as authorized by a court order or as approved in writing by the Chief Administrative Officer.

FRIVOLOUS LAWSUIT

A pleading, motion, or other paper filed by the offender for which the court, in accordance with 730 ILCS 5/3-6-3, has found to be frivolous.

FAILURE TO REVEAL ASSETS

For adult offenders and juvenile offenders tried as adults, failing to fully cooperate in revealing financial assets on the form provided, including tangible and intangible property and real and personal property; providing false or inaccurate information regarding financial assets or dependants on the forms provided; or refusing to cooperate in revealing financial assets on the form provided.

FIGHTING

Fighting with another person in a manner that is not likely to cause serious bodily injury to one or the other and that does not involve the use of a weapon.

GAMBLING

Operating or playing a game of chance or skill for anything of value, making a bet upon the outcome of any event, or possessing any gambling device. This shall include participating in any lottery.

GIVING FALSE INFORMATION TO AN EMPLOYEE

Lying or knowingly providing false information to an employee, either orally or in writing.

INSOLENCE

Talking, touching, gesturing, or other behavior that harasses, annoys, or shows disrespect.

THEFT

Taking property belonging to another person or entity or the facility without the owner's authorization.

TRANSFER OF FUNDS

UNAUTHORIZED MOVEMENT

Being anywhere without authorization or being absent from where required to be or returning late or not traveling directly to or from any authorized destination without prior staff approval.

CONTRABAND OR UNAUTHORIZED PROPERTY

Possessing, giving, loaning, receiving, or using property that an offender has no authorization to have or to receive and that was not issued to the individual through regular procedures, including the unauthorized possession of food or clothing or the possession of property in excess of that which is authorized by the facility; or property that has been altered from its original state.

PETITIONS, POSTINGS, AND BUSINESS VENTURES

Writing, signing, or circulating a petition without authorization; unauthorized distributing or posting of any printed or written materials, including surveys; engaging in an unauthorized business venture; or representing oneself as a corporation or official of a corporation without authorization.

ABUSE OF PRIVILEGES

Violating any rule regarding visits, mail, the library, yard, commissary, telephone, or recreational activities. This includes corresponding or communicating with a victim, a victim's family member, or any other person after the offender has received notice that such person has informed the Department that he or she does not wish to receive correspondence from the offender. However, if the conduct also constitutes a violation of federal or State law, a committed person may also be charged under #501.

FAILURE TO SUBMIT TO MEDICAL OR FORENSIC TESTS

Willfully refusing to submit to, or cooperate with, testing, examinations, or the provision of samples required by court order, State law, or current standards of public health and safety, including the refusal to submit to annual tuberculosis screening and mandatory HIV or DNA testing.

HEALTH, SMOKING, OR SAFETY VIOLATIONS

Smoking in an unauthorized area; tattooing or body piercing, including, but not limited to, piercing of the ear, nose, or lip; or disregarding basic hygiene of any person, cell, living or work area, or other place in the facility or its grounds.

DISOBEYING A DIRECT ORDER

Willfully refusing or neglecting to comply with an order, including the refusal to participate in educational testing; to accept a work, educational, or housing assignment; or to perform a work assignment.

VIOLATION OF RULES

FAILURE TO REPORT

Failure to report for a work, educational, or program assignment or for transport.

TRADING OR TRAFFICKING

Trading or trafficking with any person.

VIOLATING STATE OR FEDERAL LAWS

AIDING AND ABETTING, ATTEMPT, SOLICITATION, OR CONSPIRACY

20 Ill. Adm. Code 2504.TABLE A Maximum Penalties for Youth

Offense

Maximum Penalties for Youth

Loss or Restriction of Privileges

Confinement

Good Time Revocation

Delay in Recommendation to PRB

Violent Assault of any Person

1 year

1 month

1 year

Arson

1 year

1 month

1 year

Assaulting any Person

1 year

1 month

1 year

Bribery & Extortion

6 months

1 month

1 year

Dangerous Contraband

2 months

1 month

1 year

Dangerous Disturbance

6 months

1 month

1 year

Escape or Runaway

1 year

1 month

1 year

Sexual Misconduct

6 months

1 month

1 year

Sexual Assault

1 year

1 month

1 year

Electronic Contraband

6 months

1 month

1 year

Impeding or Interfering with an Investigation

6 months

1 month

6 months

Concealment of Identity

6 months

1 month

Damage or Misuse of Property

1 month

Drugs and Drug Paraphernalia

2 months

1 month

3 months

Forgery

1 month

Security Threat Group or Unauthorized Organizational Activity

2 months

1 month

6 months

Intimidation or Threats

1 month

Possession of Money

4 months

1 month

Dangerous Communications

2 months

1 month

6 months

Dangerous Written Material

2 months

1 month

6 months

Impairment of Surveillance

2 months

1 month

6 months

Possession or Solicitation of Unauthorized Personal Information

2 months

1 month

6 months

Frivolous Lawsuit

0 days

6 months

0 days

Failure To

Reveal Assets

2 months

1 month

6 months

Fighting

2 months

1 month

2 months

Gambling

1 month

2 days

1 month

Giving False Information to an Employee

1 month

7 days

6 months

Insolence

1 month

7 days

1 month

Theft

2 months

5 days

3 months

Transfer of Funds

3 months

5 days

3 months

Unauthorized Movement

1 month

5 days

1 month

Contraband or Unauthorized Property

2 months

5 days

2 months

Petitions, Postings, and Business Ventures

2 months

0 days

2 months

Abuse of Privileges

2 months

3 days

0 days

2 months

Failure to Submit to Medical or Forensic Tests

2 months

3 days

0 days

2 months

Health, Smoking, or Safety Violations

1 month

2 days

1 month

Disobeying a Direct Order

1 month

3 days

15 days

Violation of Rules

1 month

2 days

0 days

1 month

Failure to Report

1 month

3 days

15 days

Trading or Trafficking

1 month

3 days

15 days

Violating State or Federal Laws

2 months

1 month

1 year

Aiding and Abetting, Attempt, Solicitation, or Conspiracy

Same as underlying offense

Part 2525 Rights and Privileges

20 Ill. Adm. Code 2525.12 Definitions

"Chief Administrative Officer" means the highest ranking official of a youth center.

"Department" means the Department of Juvenile Justice.

"Director" means the Director of the Department of Juvenile Justice.

"Youth" means a person committed to the Department or to the custody of the Department.

20 Ill. Adm. Code 2525.15 Responsibilities

20 Ill. Adm. Code 2525.20 Visiting Privileges

a) The Chief Administrative Officer of each youth center shall establish regular visiting hours.

All rules and regulations pertaining to visiting shall be posted and made available to visitors and offenders.
Visitors who travel great distances to visit a youth may request extended visits. These requests should be submitted sufficiently in advance to the Chief Administrative Officer for consideration.
Visitors shall be subject to search in accordance with 20 Ill. Adm. Code 2501.220.
Visitors may be permitted to wear religious headgear if:

A) There are no safety or security concerns; and

B) The headgear has been removed and thoroughly searched; and

C) The visitor has indicated that the headgear has religious significance; and

D) Either:

i) The headgear is a kufi, yarmulke, turban, habit, or fez; or

All youth's visits shall be subject to monitoring and recording at any time by departmental staff, unless prior special arrangements have been made for confidential attorney visits or other privileged visits. For purposes of this Section, a privileged visit means any conversation or communication between visitors that is protected by a privilege of law or by decision, rule, or order of the Illinois Supreme Court. Notices stating that visits are subject to monitoring and recording shall be posted in places in which youth are normally permitted to visit and in the youth's orientation manual.
Visits may be restricted to non-contact visits by the Chief Administrative Officer for reasons of safety, security, and order. This may include, but not be limited to, restricting visits to non-contact visits for youth known or believed to be engaged in gang activity.

A) Youth who are in disciplinary segregation or who are extremely high escape risks shall be restricted to non-contact visits.

B) Youth found in possession of illegal drugs or who fail a drug test shall be restricted to non-contact visits for at least 6 months.

C) Youth involved in gang activity or found guilty of assault against a Department employee in accordance with 20 Ill. Adm. Code 2504 shall be restricted to non-contact visits for a period of at least 6 months.

b) At the time of admission to a reception and classification center, a youth shall submit a list of proposed visitors to designated facility staff. A visiting list shall be established after verification, review, and approval by the Chief Administrative Officer. Permission to visit may be denied due to the safety, security, or operations of the facility. Visitors must be approved in order to visit.

Department staff may interview or request background information from potential visitors to determine whether the individual would pose a threat to the safety or security of the facility or any person or to the order of the facility.
Visitors 17 years of age or older must be on the approved list in order to visit.

A) An individual 12 years through 16 years of age who is not a member of the youth's immediate family may only visit with the written consent of his or her parent or guardian. Immediate family shall include children, brothers, sisters, grandchildren, whether step, adopted, half, or whole, and spouses.

C) Visitors under 12 years of age may only be permitted to visit:

i) When accompanied by a parent or guardian who is an approved visitor;

iii) As otherwise approved by the Chief Administrative Officer.

In determining whether an exception shall be granted pursuant to subsections (b)(2)(B) and (C), the Chief Administrative Officer may consider, among other factors, the proposed visitor's age, emancipation, and relationship to the youth; whether a legal guardian has been appointed for the proposed visitor; the inability of an approved visitor to accompany the proposed visitor; and any applicable court order.
A proposed visitor who has been convicted of a criminal offense or who has criminal charges pending, including, but not limited to, an individual on bond, parole, mandatory supervised release, or probation or an ex-offender, may visit a youth only with the written approval of the Chief Administrative Officer. In determining whether to approve or deny a request, the Chief Administrative Officer may consider, among other matters, the following:

A) The nature, seriousness, and the date of commission of the offense.

B) The proposed visitor's criminal history.

C) The proposed visitor's relationship to the youth.

D) The date of discharge from parole, supervision, or probation or of completion of service of a term of incarceration.

The number of approved visitors may be limited by the Department due to operations and security reasons. Any limitations imposed shall be conveyed to youth.
Youth may request to change the names of requested visitors no more frequently than monthly except in emergencies or to add or change attorney names.
A visitor may be disapproved at any time by the Chief Administrative Officer in accordance with this Subpart.

20 Ill. Adm. Code 2525.30 Clergy Visitation

Clergy and religious leaders from religious groups may visit youth during regularly scheduled visiting hours and during other hours as approved by the Chief Administrative Officer subject to safety and security concerns.

20 Ill. Adm. Code 2525.40 Attorney Visitation (court Agreement)

a) To assure that youth may privately confer in person with attorneys of their choice or with attorneys retained by their parents or with attorneys appointed by courts, the following procedures are established:

Attorneys may routinely visit offenders between the hours of 9:00 a.m. and 5:00 p.m. daily, unless other arrangements have been made with the Chief Administrative Officer of the youth center.

A) Except in emergencies, at least 24 hours before the visit, attorneys are requested to notify an employee of the youth center designated by the Chief Administrative Officer to arrange visitations, the date and time at which they wish to confer with the offender.

B) The designated employee will immediately confirm or deny the arrangements.

The visiting attorneys may establish that they are attorneys registered with the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois (130 East Randolph, Suite 1500, Chicago, Illinois 60601) by exhibiting their Commission identification card.

A) If no card is available, the facility shall call the Commission (800/826-8625 or 312/565-2600) to determine if the attorneys are registered.

Any time prior to any attorney-youth conference, the youth shall sign an authorization. The authorization shall be filed in the youth's master record file and shall be substantially in the following form:

(name of youth)

, hereby authorize

(name of attorney)

, Attorney at Law, to

represent me as my attorney and advocate.

Date

Signature

A) In the event that the youth's written authorization is not submitted for the attorney, the designated employee will immediately confer with the youth for the purpose of obtaining written authorization.

B) In lieu of the above authorization, any time prior to the visit, an attorney may present a copy of a court order appointing the attorney to represent the youth.

20 Ill. Adm. Code 2525.50 Restriction of Visitors

a) The Chief Administrative Officer may limit the frequency and duration of visits in accordance with the availability of space and staff.

b) The Chief Administrative Officer may limit the number of persons allowed per visit in accordance with considerations of space, time, and security.

d) Visitors and youth shall not be permitted to exchange any item during a visit, except with prior approval of the Chief Administrative Officer.

e) The Chief Administrative Officer may deny, suspend, or restrict visiting privileges based, among other matters, upon the following:

Security and safety requirements;
Space availability;
Disruptive conduct of the youth or visitor;
Abuse of the visiting privileges by the youth or visitor; or
Violation of State or federal laws or departmental rules by the youth or visitor.

f) Any of the following actions on the part of a visitor may result in a temporary restriction of up to six months:

Disruptive conduct of a minor nature.
Disobeying an order or posted rule.
Refusal to submit to search.
Possession of drugs when the visitor has demonstrated there was no intent to conceal or introduce drugs into the facility.
Possession of alcohol when the visitor has demonstrated there was no intent to conceal or introduce alcohol into the facility.
Being under the influence of alcohol or drugs.
Possession of other contraband as defined under State, federal, or local laws or other departmental rules not specifically outlined in this Subpart.

g) Any of the following actions on the part of a visitor may result in a permanent restriction:

Assaultive behavior on any individual.
Sexual misconduct.
Possession of weapons.
Possession of drugs or drug paraphernalia.
Unauthorized possession of money.
Possession of escape paraphernalia.
Possession of alcohol.
Providing false identification or information.
Disruptive conduct of a major nature.
Violation of State, federal, or local law during a visit, including arrest or conviction based on any action committed during a visit.
Any recurrence of an action that previously resulted in a temporary restriction.

h) Employees who have been involved with youth or former employees who have either resigned or have been terminated as a result of involvement with youth may be permanently restricted from visits if it is determined they may be a threat to safety or security.

i) If contraband is discovered in the possession of a youth either during or after a visit, it will be assumed that the contraband was introduced by the youth's visitor.

j) Visits of youth hospitalized in the community may be restricted to the immediate family and shall be subject to the general visiting policies of the hospital.

k) Written notification of temporary or permanent restriction of visiting privileges shall be sent to the visitor and to the youth. Any person excluded from a youth's visiting list at one youth center shall be excluded at all youth centers. The notice of temporary restriction shall state the exact length of the restriction.

l) Notices of permanent restrictions shall inform visitors and youth that they may request that the Chief Administrative Officer review the decision after a six month period. After the initial six month review, permanent restrictions shall be reviewed by the Chief Administrative Officer on an annual basis upon request of the youth or their visitors. Written notification of the decision shall be sent to the visitor and to the youth.

m) The Chief Administrative Officer may restore visiting privileges at any time.

20 Ill. Adm. Code 2525.110 Definitions

a) "Assistant Director" means the second highest ranking official of the Department.

b) "Chief" or "Deputy Director" means the highest ranking official of a district or division within the Department.

c) "Chief Administrative Officer" means the highest ranking official of a youth center.

d) "Department" means the Department of Juvenile Justice.

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

f) "Incoming privileged mail" means mail from the following:

The Director;
Assistant Director, Chiefs, and Deputy Directors of the Department;
Department attorneys;
Members of the Administrative Review Board;
Members of the Prisoner Review Board;
The Governor of Illinois;
Federal or Illinois legislators;
Chief Executive Officers of the Federal Bureau of Investigation, the Drug Enforcement Administration, the Criminal Division of the Department of Justice, the United States Customs Service, the Secret Service, the Illinois State Police, and Sheriff's Offices and Police Departments in the State of Illinois;
Illinois Inspector General;
John Howard Association; and
Legal mail.

g) "Outgoing privileged mail" means mail to the following:

The Director;
Assistant Director, Chiefs, and Deputy Directors of the Department;
Department attorneys;
Members of the Administrative Review Board;
Members of the Prisoner Review Board;
The Governor of Illinois;
Federal or Illinois legislators;
Chief Executive Officers of the Federal Bureau of Investigation, the Drug Enforcement Administration, the Criminal Division of the Department of Justice, the United States Customs Service, the Secret Service, the Illinois State Police, and Sheriff's Offices and Police Departments in the State of Illinois;
Illinois Inspector General;
John Howard Association;
Clerks of courts or of the Illinois Court of Claims; and
Legal mail.

h) "Legal mail" means mail to and from the following:

Registered Attorneys who provide direct legal representation to youth;
State's Attorneys;
The Illinois Attorney General;
Judges or magistrates of any court or the Illinois Court of Claims Judges; and
Any organization that provides direct legal representation to offenders, but not including organizations that provide referrals to attorneys, such as bar associations.

i) "Youth" means a person committed to the Department or to the custody of the Department.

20 Ill. Adm. Code 2525.115 Responsibilities

20 Ill. Adm. Code 2525.120 Processing of Mail

a) Mail shall be delivered and posted promptly.

b) Youth may correspond with anyone in the free community in accordance with this Subpart without prior written approval of the Chief Administrative Officer, except with employees, former employees, or releasees of the Department. Permission for committed youths to correspond between intra-state and inter-state youth centers shall require the approval of the Chief Administrative Officers of both facilities and shall be based on safety and security concerns.

c) Each youth center shall establish procedures in cooperation with the local post office for processing certified or registered mail. To send certified or registered mail, youth must have sufficient funds in their trust fund accounts and must attach to the envelopes signed money vouchers so that the proper postage may be applied and the amount deducted from their trust fund accounts.

d) Youth shall not be permitted to open, read, or deliver another youth's mail without the person's permission. However, youth may transport mail in sacks or other closed containers under the direct supervision of an employee.

e) No disciplinary restrictions shall be placed on a youth's mail privileges.

20 Ill. Adm. Code 2525.130 Outgoing Mail

This Section applies to all youth centers within the Department.

a) Youth shall be permitted to send privileged and non-privileged letters at their own expense. Youth with insufficient money in their trust fund accounts to purchase postage shall be permitted to send reasonable amounts of legal mail and mail to clerks of any court or the Illinois Court of Claims, to certified court reporters, to the Administrative Review Board, and to the Prisoner Review Board at State expense if they attach signed money vouchers authorizing deductions of future funds to cover the cost of the postage. The youth's trust fund account shall be restricted for the cost of such postage until paid or the youth is released or discharged, whichever is soonest.

b) Youth must clearly mark all outgoing mail with their name. Mail that is not properly marked, including privileged mail, shall be opened and returned to the sender if the sender's identity can be determined. If the sender's identity cannot be determined, the mail shall be destroyed.

c) Outgoing privileged mail must be clearly marked as "privileged" and sealed by the youth. Outgoing mail which is clearly marked as privileged and addressed to a privileged party may not be opened for inspection except as provided in subsection (d) of this Section.

d) Outgoing privileged mail may be examined for dangerous contraband, using an x-ray, fluoroscope, or other similar device. Outgoing privileged mail may also be inspected for dangerous contraband by other means which do not damage the mail and which do not permit the mail to be read. Except in an emergency, outgoing privileged mail shall not be opened, unless there is reasonable suspicion that dangerous contraband is contained therein, legal services is consulted, and the mail is opened in the youth's presence.

e) With the exception of privileged mail, all mail shall be unsealed when collected or placed in housing unit mailboxes. Sealed mail that is not privileged will be opened and returned to the sender if the sender's identity can be determined. If the sender's identity cannot be determined, the mail shall be destroyed.

f) Each youth center shall establish procedures for the collection of outgoing mail. Collections shall be made daily, Monday through Friday, except on State holidays. Every effort shall be made to ensure that mail is delivered to the U.S. Postal Service on the same day.

g) Outgoing non-privileged mail shall be inspected for contraband. If a letter from a youth is confiscated because it contains contraband, the youth shall be notified promptly in writing.

The letter contains threats of physical harm against any person or threats of criminal activity;
The letter contains threats of blackmail or extortion;
The letter contains information regarding sending contraband into or out of the youth center, plans to escape, or plans to engage in criminal activity;
The letter is in code and its contents cannot be understood by youth facility staff;
The letter violates any departmental rules or contains plans to engage in activities in violation of departmental or institutional rules;
The letter solicits gifts, goods, or money from other than family members;
The letter contains information which, if communicated, might result in physical harm to another;
The letter contains unauthorized correspondence with another youth; or
The letter or contents thereof constitute a violation of State or federal law.

i) Any outgoing letter may be stopped and returned to the sender if the person to whom it is addressed (or a parent or guardian, if the addressee is a minor or incompetent) has notified the Chief Administrative Officer in writing that the person does not wish to receive mail from the youth. This rule shall not be construed to prevent youth from corresponding with their children unless their parental rights have been terminated.

j) If a youth is prohibited from sending a letter or portions thereof, the youth shall be informed in writing of the decision.

k) Material from a letter which violates subsection (h) of this Section may be placed in a youth's master file.

l) Youth may not send packages without approval of the Chief Administrative Officer, whose decision shall be based on administrative, safety, and security considerations.

20 Ill. Adm. Code 2525.140 Incoming Mail

a) Incoming privileged mail must be clearly marked as "privileged" and be clearly marked with the name, title, and address of the sender.

b) Incoming privileged mail may be opened in the presence of the youth to whom it is addressed to inspect for contraband, to verify the identity of the sender, and to determine that nothing other than legal or official matter is enclosed.

d) All incoming non-privileged mail, including mail from clerks of courts, shall be opened and inspected for contraband.

e) Cashier's checks, money orders, and business checks subject to the restrictions imposed by 20 Ill. Adm. Code 2305 shall be deposited in the youth's trust fund account, with a record made of the sender's name, the amount received, and the date. For purposes of this Section a business check shall mean a check written on any agency's or firm's account. Youth shall be notified of all monies received and deposited in their trust fund accounts. However, any checks or money orders which exceed the limitation on the amounts (20 Ill. Adm. Code 2305) shall be returned to the sender, and the youth shall be notified.

f) Personal checks and cash shall be returned to the sender, and the sender shall be notified that funds cannot be received in that form.

g) Youth center officials may spot check and read incoming non-privileged mail. Incoming mail or portions thereof may be inspected, reproduced, or withheld from delivery for any of the reasons listed in Section 2525.130(h) of this Subpart or in Subpart C of this Part.

h) When a youth is prohibited from receiving a letter or portions thereof, the committed youth and the sender shall be notified in writing of the decision.

i) If a youth has been transferred or released, first class mail shall be forwarded to the person if the address is known. If no forwarding address is available, the mail shall be returned to the sender.

j) If a youth has been absent from the facility on a furlough or pursuant to writ, the person's mail shall be held at the youth center for a period of one month, unless the youth has made a written request to the Chief Administrative Officer to have the mail forwarded to another address. At the conclusion of the month, first class mail shall be forwarded to the youth's address, if known, or returned to the sender, unless alternative arrangements have been made.

k) Youth may receive publications, including books, periodicals and catalogs, in accordance with Subpart C of this Part, and may receive typewriters ordered directly from a supplier through the commissary. Other packages may be received only as approved by the Chief Administrative Officer. All packages shall be opened and searched prior to delivery.

20 Ill. Adm. Code 2525.150 Telephone Privileges

a) Telephone privileges shall be granted to youth in accordance with their institutional status and provisions of this Section.

b) Collect calls may be made to persons where billable.

c) Youth may not place telephone calls to:

Toll free area codes, including but not limited to 800 series area codes, or to area codes or prefixes for which a charge is assessed to the line from which the call was placed, including but not limited to 800 or 900 series area codes or 976 prefixes;
Emergency or directory assistance or to long distance carriers;
Persons or companies which have requested that a block be placed on their telephone numbers;
Numbers suspected of being used fraudulently or for fraudulent purposes;
Releasees, persons who had previously been in the custody of the Department, former employees, or current employees absent the approval of the Chief Administrative Officer; or
Numbers or persons restricted for other legitimate penological reasons, including security and order.

d) A block may be placed on telephone calls to:

The local community except to the youth's friends, family, and others in the local community who request to receive calls from the youth.
A telephone number for which there is a large unpaid balance on the account, with the exception of telephone numbers of attorneys and law firms.
Any telephone numbers listed in subsection (c) of this Section.

e) Youth may not engage in call forwarding or in conference calls.

f) In the case of valid emergencies, such as critical illness or death in a youth's immediate family, consideration shall be given to allowing a special telephone call, regardless of the individual's institutional status. Immediate family shall include parent or guardian, children, brother, sister, grandparent, whether step, adopted, half, or whole, and spouse.

g) Youth who are the subject of a new criminal indictment, information, or complaint shall be permitted to make reasonable telephone calls to attorneys for the purpose of securing defense counsel, regardless of the individual's institutional status.

h) All youth's telephone calls shall be subject to monitoring and recording at any time by departmental staff, unless prior special arrangements have been made to make or to receive confidential telephone calls to or from their attorneys.

i) Notices shall be posted at each telephone from which youth are normally permitted to place calls and in the youth's orientation manual. The notices shall state that youth's telephone calls may be monitored or recorded or both.

20 Ill. Adm. Code 2525.202 Definitions

"Chief Administrative Officer" means the highest ranking official of a youth center.

"Department" means the Department of Juvenile Justice.

"Director" means the Director of the Department of Juvenile Justice.

"Obscene" means any material that the average person, applying contemporary adult community standards, would find that, taken as a whole, appeals to the prurient interest; and the average person, applying contemporary adult community standards, would find that it depicts or describes in a patently offensive way, ultimate sexual acts or sadomasochistic sexual acts, whether normal or perverted, actual or simulated, or masturbation, excretory functions or lewd exhibition of the genitals; and taken as a whole, it lacks serious literary, artistic, political, or scientific value [720 ILCS 5/11-20(b)].

"Publication" means any book, booklet, magazine, newspaper, periodical, or similar materials.

"Youth " means a person committed to the Department or to the custody of the Department.

20 Ill. Adm. Code 2525.205 Responsibilities

20 Ill. Adm. Code 2525.210 General Guidelines

a) Each facility shall maintain a current approved list of publications.

b) Youth shall be informed of the procedures governing publications during orientation and this Subpart shall be available to offenders.

c) Each youth may subscribe to, solicit free copies of, or buy copies of newspapers, magazines, books and other publications for delivery to the facility in accordance with this Subpart. A member of the individual's family or a friend may also order, solicit or bring approved publications to the facility. However, publications shall be limited to a maximum of 5 per visit and shall not be packaged, wrapped, or otherwise contained in any way.

d) All publications shall be delivered promptly after necessary inspection for contraband. If it appears to violate the standards set forth in Section 2525.230, the publication shall first be referred to the Publication Review Officer for review and determination.

e) Publications determined to be unacceptable shall be disposed of as contraband in accordance with 20 Ill. Adm. Code 2501: Subpart C.

20 Ill. Adm. Code 2525.220 Publications Review Officer

The Chief Administrative Officer shall appoint at least 2 employees to serve as Publication Review Officers to review publications. At least one individual shall be from program staff and at least one individual shall be from security staff.

20 Ill. Adm. Code 2525.230 Procedure for Review of Publications

a) A Publication Review Officer, hereafter referred to as Officer, shall review publications to determine whether to recommend prohibiting acceptance of any publications that he or she finds to contain material determined to be:

Obscene;
Detrimental to security, good order, rehabilitation, or discipline or if it might facilitate criminal activity, or be detrimental to mental health needs of a youth as determined by a mental health professional.

b) A publication may not be rejected solely because its content is religious, philosophical, political, social, or sexual or because its contents are unpopular or repugnant. A publication that may be rejected includes, but is not limited to, a publication or portion thereof that meets one of the following criteria:

It is obscene;
It is written in code or facilitates communication between youth;
It depicts, describes, or encourages activities that may lead to the use of physical violence or group disruption or it facilitates organizational activity without approval of the Chief Administrative Officer;
It advocates or encourages violence, hatred, or group disruption or it poses an intolerable risk of violence or disruption;
It encourages or instructs in the commission of criminal activity;
It includes sexually explicit material that by its nature or content poses a threat to security, good order, or discipline or it facilitates criminal activity;
It is otherwise detrimental to security, good order, rehabilitation, or discipline or it might facilitate criminal activity or be detrimental to mental health.

c) If a review is initiated, the youth shall be notified in writing that the publication is under review and the notice shall include an explanation why the publication is deemed to contain unacceptable material in accordance with the standards set forth in this Section. If the publication was mailed directly from the publisher, a copy of the notice shall be sent to the publisher. The written notice shall be sent to the youth and the publisher, if applicable, no later than 30 days from the date the youth center receives the publication. The written notice shall indicate that:

The youth may submit a written supportive statement or other documentation within seven days after the date of the notice that the publication is under review. An extension will be granted if in the opinion of the Officer there is a legitimate reason why relevant information could not be submitted timely.
The publisher shall be allowed 21 days from the date of the notice to file an objection and to submit a written supportive statement or other documentation.
The youth may request to appear before the Officer. The appearance will be allowed if the Officer determines that the appearance is necessary for an appropriate review.
The youth may ask for assistance or information regarding the publication review procedure.
If the publication is approved, it will be forwarded to the youth upon completion of the review. If the publication is not provided to the youth within 60 days after the date of the written notice, the publication shall be deemed disapproved and the youth may file a grievance in accordance with 20 Ill. Adm. Code 2504: Subpart C.

d) Any recommendation for denial shall be forwarded to the Chief Administrative Officer with an explanation. If the Chief Administrative Officer concurs with the recommendation to deny the publication, the publication shall be disapproved.

e) The Publication Review Officer shall maintain copies of decisions in a designated area for at least three years.

f) If after six consecutive issues of a publication have been denied and it is determined unlikely that future issues of the publication will be approved, the publication may be banned.

g) If the characteristic content of a banned publication significantly changes to no longer warrant denial of the publication in accordance with this Section, a youth may request another review of the publication by the Officer. A previously banned publication shall be subject to review no more frequently than every four months. If a review is to be initiated, the youth shall be advised to arrange for one or more issues of the publication to be submitted to the Officer at the youth's expense.

The review shall be conducted in the same manner as the initial review of the publication.
If an issue of a previously banned publication is approved, a youth may request subsequent issues to be reviewed notwithstanding the four month review period.
The Officer may recommend that a previously banned publication be approved.

h) The Director may establish a Central Publication Review Committee to periodically review and make recommendations regarding facility determinations or recommendations to the Director who may approve or disapprove the recommendations based on the standards set forth in this Section. If a Committee is appointed:

Committee members shall consist of at least one representative each from administrative and operational staff.
Reviews need only be conducted by one member of the Committee.
The facility and the youth shall be notified of any decision made by the Director.

20 Ill. Adm. Code 2525.302 Definitions

"Chief Administrative Officer" means the highest ranking official of a youth center.

"Department" means the Department of Juvenile Justice.

"Director" means the Director of the Department.

"Youth" means a person committed to the Department or to the custody of the Department.

20 Ill. Adm. Code 2525.305 Responsibilities

20 Ill. Adm. Code 2525.310 Request for Permission to Marry

a) Marriage between two youth confined in Department youth centers shall be prohibited.

b) A youth who wishes to become married shall submit a written request to the Chief Administrative Officer a minimum of 30 days in advance of the date requested for the marriage ceremony.

The notice shall include the name and address of the intended spouse and a description of any actions which have been taken in obtaining a marriage license and in complying with applicable provisions of the law.
All financial obligations shall be the responsibility of the youth or the intended spouse.

c) The youth center chaplain or an individual designated by the Chief Administrative Officer shall conduct a pre-marital counseling session with the youth or the intended spouse or both.

d) The Chief Administrative Officer shall review the request to marry and shall approve or deny the request based on security concerns, the best interest of the youth, or other legitimate penological interests. The Chief Administrative Officer's decision regarding the request to marry and, if applicable, the leave request, shall be made in writing. A copy of the written decision shall be provided to the youth.

e) The youth center shall make its chapel or another suitable location available for the performance of the approved marriage ceremony.

The youth center's chaplain shall review the type of ceremony that is requested and refer a description of the proposed ceremony to the Chief Administrative Officer for approval.
Witnesses and guests shall not exceed 6 in number, excluding the officiating clergyman. Witnesses and guests must be on the youth's approved visiting list, except as otherwise approved by the Chief Administrative Officer.
Facilities for the consummation of marriages or for a reception shall not be provided.

Part 2535 Personal Property

20 Ill. Adm. Code 2535.12 Definitions

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

"Department" means the Department of Juvenile Justice.

"Director" means the Director of the Department of Juvenile Justice.

"Post/posted" means any means of making information available to committed persons including, but not limited to, notices, handbooks, and bulletins.

20 Ill. Adm. Code 2535.15 Responsibilities

History

Source: Amended at 43 Ill. Reg. 14209, effective November 25, 2019

20 Ill. Adm. Code 2535.17 Personal Property

Committed youth may only acquire personal property in accordance with provisions of this Part, 20 Ill. Adm. Code 2525 (Rights and Privileges) (e.g., receive packages, maintain publications, community phone privileges), or posted rules established by the Chief Administrative Officer where the youth is assigned.

History

Source: Amended at 43 Ill. Reg. 14209, effective November 25, 2019

20 Ill. Adm. Code 2535.20 Permit

The Chief Administrative Officer of the assigned facility may require committed youth to obtain a permit for certain personal property items such as electronics and other audio-visual equipment. Permit requirements shall be posted.

History

Source: Amended at 43 Ill. Reg. 14209, effective November 25, 2019

20 Ill. Adm. Code 2535.30 Audio-Visual Equipment

a) Each facility shall develop and post a list of authorized audio-visual equipment each committed youth assigned to the general population may be permitted to retain. Detachable speakers shall not be permitted.

b) Use of headphones or earplugs shall be at the discretion of the Chief Administrative Officer.

c) Misuse or abuse of audio-visual equipment may result in the temporary or permanent confiscation of these items in accordance with the provisions of 20 Ill. Adm. Code 2504 (Discipline and Grievances).

d) Limitations of the use of audio-visual equipment may be imposed on committed youth if the usage is disruptive to others.

e) Committed youth may not possess recording devices as personal property, but may use them when required in academic or career and technical education programs when the use is approved by the youth center and in a place and manner as is approved by the youth center.

f) When audio-visual equipment is confiscated or returned, an audio-visual equipment inventory form shall be given to the owner and a copy placed in his or her master record file. If the committed youth does not have the proper permit, disciplinary action may be taken.

History

Source: Amended at 43 Ill. Reg. 14209, effective November 25, 2019

20 Ill. Adm. Code 2535.40 Reading Material

a) Each youth center shall develop and post a list of the amount of reading material each committed youth may be permitted to possess at any one time.

History

Source: Amended at 43 Ill. Reg. 14209, effective November 25, 2019

20 Ill. Adm. Code 2535.50 Commissary Items and Outside Vendor Purchase

All personal property purchases shall be made through the commissary, when possible. Outside vendor purchases shall be approved by and made through the youth center, and those purchases shall be limited to items that are not available through the commissary. No outside vendor purchases shall be allowed for the same or similar items available in the commissary without the approval of the Chief Administrative Officer. The quantity of the items that a committed youth may retain shall be limited by the Chief Administrative Officer and shall be posted.

History

Source: Amended at 43 Ill. Reg. 14209, effective November 25, 2019

20 Ill. Adm. Code 2535.60 Jewelry

A committed youth may possess jewelry and shall be required to sign a statement of responsibility for the jewelry. Limits on the amount, nature or value of jewelry shall be set by the Chief Administrative Officer and shall be posted.

History

Source: Amended at 43 Ill. Reg. 14209, effective November 25, 2019

20 Ill. Adm. Code 2535.70 Clothing and Other Property

The quantity of clothing and other property may be limited by the Chief Administrative Officer consistent with reasonable safety and security concerns that may include, among other matters, impairment of visual observation or search of the living area. Institutional policies regarding clothing and other property shall be posted.

History

Source: Amended at 43 Ill. Reg. 14209, effective November 25, 2019

20 Ill. Adm. Code 2535.80 Procedure for New Admissions

a) All sheriffs shall be supplied with a list of approved personal property items. Only the approved items will be accepted by the Department upon admission of the committed youth.

Non-approved items shall be receipted and returned to the sheriff prior to his or her departure from the youth center, when possible; or
The committed youth shall be requested to authorize the disposition of any unapproved property, in writing, in accordance with 20 Ill. Adm. Code 2501.230.

b) An inventory shall be conducted in the presence of the committed youth. The committed youth shall be given a copy of the inventory record and a copy shall be placed in the committed youth's master record file.

c) The Chief Administrative Officer shall determine what personal property shall be marked to denote ownership.

History

Source: Amended at 43 Ill. Reg. 14209, effective November 25, 2019

20 Ill. Adm. Code 2535.90 Procedure for Institutional Transfers

a) Intra-institutional Transfer

When a committed youth's assignment to a room or dormitory is changed, he or she shall generally be responsible for identifying all personal property and packing it in the containers provided. Unless the committed youth is in a single room, the packing shall be done in the presence of an employee.
If the committed youth's behavior is threatening, violent or dangerous, the transferring officer shall cause the committed youth's personal property to be packed and inventoried in the presence of a witness.

A) Property of youth that is not allowed in the confinement area shall be secured until the committed youth is released from confinement.

B) The inventory form shall be signed by the packing officer and the witness. A copy of the inventory form shall be placed in the personal property container, and the container shall be sealed before being transported to the new location. A copy of the inventory shall be given to the committed youth, a copy shall be placed in the committed youth's master record file, and a copy shall be maintained by the facility in the personal property files.

b) Inter-institutional Transfers

It is the responsibility of the sending youth center to inform the committed youth of personal property items that are not approved at the receiving facility.
Prior to transfer, the committed youth shall pack items acceptable to the receiving youth center in approved containers and non-approved items in another container, taking an inventory of the items in each. Inventory and packing shall be made in the presence of an employee. Upon completion, a copy of the inventory record for approved property shall be placed in the approved container and the container shall be sealed.
Non-approved items shall be disposed of in accordance with the procedures established in 20 Ill. Adm. Code 2501.230 prior to the transfer, whenever possible.
A copy of the inventory record for approved property shall be given to the committed youth, a copy shall be placed in the committed youth's master record file, and a copy shall be retained by the sending facility in the personal property files.
At the time of repossession, the sealed container shall be opened in the presence of an employee, and the contents listed on the committed youth's inventory record shall be checked against the one sealed in the box. Any discrepancies shall be noted, and the employee and committed youth shall sign the inventory form. A copy of the inventory shall be maintained by the receiving youth center in the personal property files and in the committed youth's master record file.

History

Source: Amended at 43 Ill. Reg. 14209, effective November 25, 2019

20 Ill. Adm. Code 2535.100 Procedure for Temporary Absence

If a temporary absence is expected to be one day or less, the committed youth's personal property need not be inventoried and packed, unless the committed youth so requests. The following procedures shall be implemented when the committed youth so requests, the absence is expected to exceed one day, or it becomes known that the absence will exceed one day.

a) Before a temporary absence of more than one day or when the committed youth requests, the committed youth shall, in the presence of an employee, inventory and pack personal property in the containers provided.

A copy of the inventory shall be placed in the container, and the container shall be sealed.
A copy of the inventory form shall be given to the committed youth, a copy shall be filed in the committed youth's master record file, and a copy shall be maintained by the facility in the personal property files.

b) In an emergency or when it becomes known that an anticipated absence will exceed one day, it shall be the responsibility of the shift supervisor to ensure that, before the end of the shift, an accurate inventory, preferably with a witness, is made of the committed youth's personal property; that it is packed in an approved container and sealed with a copy of the inventory enclosed; and that it is stored in a designated secure area.

The shift commander or designee, the person making the inventory and packing the personal property and the witness, if any, shall sign the inventory form.
A copy of the inventory form shall be placed in the committed youth's master record file, a copy shall be forwarded to the committed youth, and a copy shall be maintained by the facility in the personal property files.

c) At the time of repossession, the sealed container must be opened in the presence of an employee, and the contents listed on the committed youth's inventory slip checked against the one sealed in the box. Any discrepancies shall be noted, and the employee and committed youth shall sign the inventory report. A copy of the inventory shall be maintained by the youth center in the personal property files and in the committed youth's master record file.

d) For purposes of this Section, personal property of a committed youth assigned to a single room may be locked in the room rather than placed in a container. All other provisions of this Section shall apply.

History

Source: Amended at 43 Ill. Reg. 14209, effective November 25, 2019

20 Ill. Adm. Code 2535.110 Procedure for Aftercare Release or Discharge

a) Prior to release on aftercare or discharge, it is the committed youth's responsibility to pack personal property in containers provided and transport them to a designated storage area, under the supervision of a Department employee.

b) Personal property sent out prior to the release date must be inventoried, the inventory form must be signed by the witnessing Department employee and the committed youth, and the personal property must be sealed in the container provided, with a copy of the inventory enclosed. A copy of the inventory shall be given to the committed youth and a copy shall be placed in the committed youth's master record file and a copy shall be retained in the youth center's personal property files.

c) Personal property given to a third party for transport must be receipted by the person receiving it and a copy shall be placed in the committed youth's master record file and a copy shall be maintained in the youth center's personal property files.

History

Source: Amended at 43 Ill. Reg. 14209, effective November 25, 2019

20 Ill. Adm. Code 2535.120 Disposal of Personal Property Items

a) Committed youth shall not give, loan, sell or trade personal property items to other committed youth, except where authorized by this Part.

b) The ownership of an allowable property item may not be transferred from one committed youth to another while the owner is assigned to a youth center.

c) When a committed youth wishes to dispose of an allowable property item by sending it out of the facility, selling it, donating it, giving it to a relative or guardian with approval by the Chief Administrative Officer, or authorizing its destruction, a signed record shall be filed in the committed youth's master record file and a copy of the record shall be maintained by the youth center in the personal property files.

History

Source: Amended at 43 Ill. Reg. 14209, effective November 25, 2019

20 Ill. Adm. Code 2535.130 Security of Personal Property

a) Committed youth shall be responsible for their personal property which is in their possession or under their control (i.e., on their person or in their room, living area or work area).

b) Committed youth shall be responsible for maintaining a copy of inventories, permits and/or receipts issued for their personal property.

c) Committed youth's personal property shall be deemed abandoned in the event of an unauthorized absence such as an escape, runaway, attempted escape or runaway, or failure to return to the facility.

d) The Department shall not be responsible for loss of abandoned property or for any items for which the committed youth does not have an inventory record, a permit and/or receipt, or that would have been subject to an inventory but does not appear itemized on the inventory.

History

Source: Amended at 43 Ill. Reg. 14209, effective November 25, 2019

20 Ill. Adm. Code 2535.140 Unclaimed Personal Property

Money or personal property held for a committed youth who has separated from the Department by death, discharge or unauthorized absence and that has not been claimed by the committed youth or his or her legal representative may be disposed of as follows:

a) Unclaimed money held for a period of one year may be transferred to the Youth Benefit Fund and be expended for the special benefit of committed youth.

b) Unclaimed clothes held for 30 days may be used or disposed of as determined appropriate by the Chief Administrative Officer.

c) Other unclaimed personal property held for a period of one year may be used for the benefit of committed youth as determined appropriate by the Chief Administrative Officer.

History

Source: Amended at 43 Ill. Reg. 14209, effective November 25, 2019

Subchapter e County Standards

Part 2602 County Juvenile Detention Standards

20 Ill. Adm. Code 2602.5 Definitions

"Agency" means the unit of a State, local, corporate, or nonprofit authority, or of the Department of Justice, with direct responsibility for the operation of any facility that confines inmates, youth, or residents, including the implementation of policy as set by the governing, corporate, or nonprofit authority. (Section 115.5 of PREA). For the purposes of this Part, agency shall also mean each individual county detention center.

"Agency head" means the principal official of an agency. (Section 115.5 of PREA)

"Confinement/Room confinement" is the practice of isolating a youth in the youth's room for disciplinary reasons.

"Contractor" means a person who provides services on a recurring basis pursuant to a contractual agreement with the agency. (Section 115.5 of PREA)

"Corporal punishment" is any deliberate action to humiliate, demean, embarrass or cause physical pain or discomfort for the purpose of punishment.

"Delinquent minor" means any minor who, prior to the minor's 18th birthday, has violated or attempted to violate, regardless of where the act occurred, any federal or State law or municipal ordinance, except for status offenses.

"Department" means the Department of Juvenile Justice.

"Detention" means the temporary care of a minor who is alleged to be or adjudicated delinquent and who requires custody for the minor's own protection or the community's protection in a facility designed to physically restrict the minor's movements, pending disposition by the court or execution of an order of the court for placement or commitment. (Section 5-105 of the Juvenile Court Act)

"Direct staff supervision" means that security staff are in the same room with, and within reasonable hearing distance of, the resident or youth. (Section 115.5 of PREA)

"Employee" means a person who works directly for the agency or facility. (Section 115.5 of PREA)

"Exigent circumstances" means any set of temporary and unforeseen circumstances that require immediate action in order to combat a threat to the security or institutional order of a facility. (Section 115.5 of PREA)

"Facility" means a place, institution, building (or part of the building), set of buildings, structure, or area (whether enclosing a building or set of buildings) that is used by an agency for the confinement of youth. (Section 115.5 of PREA)

"Facility head" means the principal official of a facility. (Section 115.5 of PREA)

"Full compliance" means compliance with all material requirements of each standard except for de minimis violations, or discrete and temporary violations during otherwise sustained periods of compliance. (Section 115.5 of PREA)

"Gender nonconforming" means a person whose appearance or manner does not conform to traditional societal gender expectations. (Section 115.5 of PREA)

"Intersex" means a person whose sexual or reproductive anatomy or chromosomal pattern does not seem to fit the typical binary expectations of male or female. Intersex medical conditions are sometimes referred to as disorders of sex development. (Section 115.5 of PREA)

"JMIS" means Juvenile Monitoring Information System.

"Juvenile Court Act" or "Juvenile Court Act of 1987" means 705 ILCS 405.

"Juvenile" means any person under the age of 18, unless under adult court supervision and confined or detained in a prison or jail. (Section 115.5 of PREA)

"Juvenile facility" means a facility primarily used for the confinement of juveniles pursuant to the juvenile justice system or criminal justice system. (Section 115.5 of PREA)

"Medical practitioner" means a health professional who, by virtue of education, credentials and experience, is permitted by law to evaluate and care for patients within the scope of the medical practitioner's professional practice. A "qualified medical practitioner" refers to a professional who has also successfully completed specialized training for treating sexual abuse victims. (Section 115.5 of PREA)

"Mental health practitioner" means a mental health professional who, by virtue of education, credentials, and experience, is permitted by law to evaluate and care for patients within the scope of the mental health practitioner's professional practice. A "qualified mental health practitioner" refers to a professional who has also successfully completed specialized training for treating sexual abuse victims. (Section 115.5 of PREA)

"Office of Detention and Audit Services" means the unit within the Department of Juvenile Justice that is authorized to monitor compliance with the County Juvenile Detention Standards.

"Pat-down search" means a running of the hands over the clothed body of a youth by an employee to determine whether the individual possesses contraband. (Section 115.5 of PREA)

"PREA" means the Prison Rape Elimination Act National Standards, 28 CFR 115 (July 1, 2019).

"Resident" means any person confined or detained in a juvenile facility or in a community confinement facility. (Section 115.5 of PREA)

"Security staff" means employees primarily responsible for the supervision and control of youth in housing units, recreational areas, dining areas, and other program areas of the facility.

"Sexual Abuse" means:

Sexual abuse of a youth by another youth; and

Sexual abuse of a youth by a staff member, contractor or volunteer.

Sexual abuse of a youth by another youth includes any of the following acts, if the victim does not consent, is coerced into the act by overt or implied threats of violence, or is unable to consent or refuse:

Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;

Contact between the mouth and the penis, vulva or anus;

Penetration of the anal or genital opening of another person, however slight, by a hand, finger, object or other instrument; and

Any other intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh or the buttocks of another person, excluding contact incidental to a physical altercation.

Sexual abuse of a youth by a staff member, contractor or volunteer includes any of the following acts, with or without consent of the youth:

Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;

Contact between the mouth and the penis, vulva or anus;

Contact between the mouth and any body part where the staff member, contractor or volunteer has the intent to abuse, arouse or gratify sexual desire;

Penetration of the anal or genital opening, however slight, by a hand, finger, object or other instrument, that is unrelated to official duties or where the staff member, contractor or volunteer has the intent to abuse, arouse, or gratify sexual desire;

Any other intentional contact, either directly or through the clothing, of or with the genitalia, anus, groin, breast, inner thigh, or the buttocks, that is unrelated to official duties or where the staff member, contractor or volunteer has the intent to abuse, arouse, or gratify sexual desire;

Any attempt, threat, or request by a staff member, contractor, or volunteer to engage in the activities described in this definition;

Any display by a staff member, contractor or volunteer of his or her uncovered genitalia, buttocks or breast in the presence of a youth; and

Voyeurism by a staff member, contractor, or volunteer.

Voyeurism by a staff member, contractor or volunteer means an invasion of privacy of a youth by staff for reasons unrelated to official duties, such as peering at a youth who is using a toilet in his or her cell to perform bodily functions; requiring a youth to expose his or her buttocks, genitals or breasts; or taking images of all or part of a youth's naked body or of a youth performing bodily functions. (Section 115.6 of PREA)

"Sexual Harassment" means:

Repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures or actions of a derogatory or offensive sexual nature by one youth directed toward another; and

Repeated verbal comments or gestures of a sexual nature to a youth by a staff member, contractor or volunteer, including demeaning references to gender, sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures. (Section 115.6 of PREA)

"Staff" means employees. (Section 115.5 of PREA)

"Status offense" means an offense that would not be criminal if committed by an adult, such as truancy, curfew violations, or running away from home.

"Strip search" means a search that requires a person to remove or arrange some or all clothing so as to permit a visual inspection of the person's breasts, buttocks or genitalia. (Section 115.5 of PREA)

"Substantiated allegation" means an allegation that was investigated and determined to have occurred. (Section 115.5 of PREA)

"Transgender" means a person whose gender identity (i.e., internal sense of feeling male or female) is different from the person's assigned sex at birth. (Section 115.5 of PREA).

"Unfounded allegation" means an allegation that was investigated and determined not to have occurred. (Section 115.5 of PREA)

"Unified Code of Corrections" means 730 ILCS 5.

"Unsubstantiated allegation" means an allegation that was investigated, and the investigation produced insufficient evidence to make a final determination as to whether the event occurred. (Section 115.5 of PREA)

"Volunteer" means an individual who donates time and effort on a recurring basis to enhance the activities and programs of the agency. (Section 115.5 of PREA)

"Youth" means any person detained in a lockup, regardless of adjudication status.

20 Ill. Adm. Code 2602.10 Detention Admission Policy

a) Statement of Admission Policy

The Chief Judge or the Chief Judge's designee will define in writing the court's detention admission policies for each judicial circuit. Included in those policies shall be a current detention screening tool, directions for its use and circumstances for exceptions. The detention screening tool shall be reviewed at least annually to ensure efficacy.

A qualified intake officer shall be appointed to screen court intake service referrals and control detention admissions. The chief judge shall identify those court services staff authorized to make detention decisions.
Twenty-four hour intake coverage shall be provided. Authorized court personnel will be available at all times to make detention screening decisions.
No youth shall be placed in detention without authorization by the judge or person appointed by the judge. However, a youth who has a valid warrant issued by the Department for violating the youth's terms of aftercare release, and is arrested based on that warrant, may be placed in detention without prior authorization. A copy of the judicial order or completed detention screening tool shall be reviewed prior to admission and maintained in the youth's file.
The law enforcement officer requesting detention of a youth shall submit a detailed written report of the alleged charge.
Youth with serious medical or mental health needs, including severe intoxication, shall not be admitted unless examined and cleared for admission by qualified medical personnel.
No youth shall be admitted to a detention facility when the admission will result in exceeding the operational capacity.
Youth shall not be placed in detention for status offenses.

b) Detention Hearing

Unless sooner released, a minor alleged to be a delinquent minor taken into temporary custody must be brought before a judicial officer within 40 hours for a detention or shelter care hearing to determine whether he or she shall be further held in custody. If a minor alleged to be a delinquent minor taken into custody is hospitalized or is receiving treatment for a physical or mental condition, and is unable to be brought before a judicial officer for a detention or shelter care hearing, the 40 hour period will not commence until the minor is released from the hospital or place of treatment. If the minor gives false information to law enforcement officials regarding the minor's identity or age, the 40 hour period will not commence until the court rules that the minor is subject to the Act and not subject to prosecution under the Criminal Code of 1961 or the Criminal Code of 2012. Any other delay attributable to a minor alleged to be a delinquent minor who is taken into temporary custody shall act to toll the 40 hour time period. The 40 hour time period shall be tolled to allow counsel for the minor to prepare for the detention or shelter care hearing, upon a motion filed by such counsel and granted by the court. In all cases, the 40 hour time period is exclusive of Saturdays, Sundays and court-designated holidays. (Section 5-415 of the Juvenile Court Act)

A youth shall not be placed in detention for a period of more than 30 days as a disposition pursuant to Section 5-710(1)(a)(v) of the Juvenile Court Act, less any time previously spent in detention for the same offense.
The use of detention pending completion of a trial must comply with Section 5-601 of the Juvenile Court Act.

c) Situation Change

A youth shall be released from detention when a change in the situation that necessitated detention occurs and the need for secure custody is no longer justified.

20 Ill. Adm. Code 2602.20 Administration

a) Detention Responsibility

The Chief Judge for the judicial circuit where the facility sits shall appoint a superintendent of detention with appropriate qualifications and experience. The superintendent shall have full responsibility and accountability for secure custody management.

b) Objectives

The purposes of supervision, guidance and treatment shall be clearly stated in writing and each staff member made fully aware of them.

c) Staff Training

The superintendent shall identify a staff person responsible for developing and implementing necessary training and ensuring that individual staff training requirements are met. All training hours and topics must be documented.

Pre-Service Training

Staff with direct contact with youth shall receive a minimum of 40 scheduled hours of training each year. This training shall include PREA training outlined in Section 2602.30(e). Prior to assuming responsibility for supervision of youth, all staff must complete a 40-hour orientation including but not limited to:

A) Facility mission and code of ethics;

B) Basic rights of incarcerated youth, including legal rights, grievance procedures and right to be free of retaliation for making a complaint;

C) Facility policies and procedures, particularly safety, security and fire and other emergency procedures; and

D) Confidentiality

Continued Training

In the first year of employment, all staff shall minimally receive an additional 80 hours of training including:

A) Adolescent development;

B) Crisis prevention and intervention;

C) Positive behavior management strategies;

D) Suicide prevention and intervention;

E) Working with special populations including LGBTQI+ youth, youth with intellectual or physical disabilities, youth with mental or physical health issues, and youth with limited English proficiency;

F) Prevention and management of infectious disease;

G) Gender responsive and culturally appropriate supervision strategies;

H) Science of behavior change and effective practice in juvenile justice;

I) The effects of trauma and trauma informed care; and

J) First aid, CPR, and use of AED equipment.

All staff will have a minimum of 40 hours of training annually.
All staff shall review this Part on an annual basis.

d) Procedures

Employees shall have access to a manual of policies and procedures either in a written or electronic format. Emergency procedures in event of a fire, riot, escape, bomb threat and natural disaster shall be part of the manual. Employees shall review policies on a yearly basis and document acknowledgement of their review. The superintendent shall designate a person to maintain documentation of employee review from year to year.

e) Job Description

A comprehensive job description for each detention position shall be in writing and made available to each employee performing the functions described in the job description.

f) Staff Development

Access to up-to-date professional literature dealing with detention and related fields shall be maintained and accessible to staff.

20 Ill. Adm. Code 2602.30 Personnel

a) Detention Staffing

Each detention facility must have sufficient personnel to provide adequate 24-hour supervision of youth seven days a week. A staffing plan or roster shall be maintained and reviewed daily by the superintendent or designee.

A superintendent, qualified by training and experience to supervise staff and youth, shall be appointed for each detention facility.
An assistant superintendent, qualified by training and experience to supervise staff and youth, shall be designated for a detention facility of 25 or more rated capacity.
A shift supervisor must be scheduled and available at all times and on duty during all waking hours and immediately available if not on duty during sleeping hours.
Direct care staff (detention officers) employed in sufficient numbers to ensure a ratio of 1:8 staff per youth during waking hours and 1:16 during sleeping hours. Staffing levels must anticipate the need for coverage for staff absence for leave and training.
Supervision shall be conducted by a person of the same gender (transgender youth shall be allowed to choose the gender of the staff). At least one male and one female staff member shall be on duty when males and females are in custody.
No detention facility shall have fewer than three persons on duty per shift. On the midnight shift, two persons may be on duty and one on call. (See Section 2602.140(a)(1).)
An agency shall employ or designate an upper-level, agency-wide PREA coordinator with sufficient time and authority to develop, implement, and oversee agency efforts to comply with the PREA standards in all of its facilities.

b) Staff Selection

A background screening shall be conducted which may include, among other factors, a criminal history check, Child Abuse and Neglect Tracking System, and Law Enforcement Agencies Data System. Staff selection criteria shall be based on education, training, and experience that demonstrate capacity to engage with youth and serve as a positive role model.

c) Background Checks

All personnel working in the detention center, including contractual staff and volunteers, must complete a background check prior to employment and at least once every five years throughout employment.

The background check shall include criminal background investigation, a check of the child abuse registry, and an inquiry of prior institutional employers for information on any substantiated reports of abuse, sexual abuse, or sexual harassment.
Employment shall be denied or terminated if criminal convictions for any offense other than a minor traffic or petty offense, a finding of child abuse or neglect, inclusion on the sex offender registry, a current order of protection, or active warrants pending criminal charges. Exceptions to these exclusions may be recommended by the superintendent and approved in writing by the Chief Judge of the Circuit Court. Exceptions to these exclusions include, but is not limited to, when the employee or potential employee will be participating in a specific program or has a unique skill set that would be difficult to replicate.
The detention center policy shall require staff to disclose any subsequent conviction and identify disciplinary consequences for failure to do so.

d) Hiring and Promotion Decisions – PREA

The agency shall not hire or promote anyone who may have contact with youth, and shall not enlist the services of any contractor who may have contact with youth, who has:

A) engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility or other institution (as defined in 42 USC 1997);

B) been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force, or coercion or if the victim did not consent or was unable to consent or refuse; or

C) been civilly or administratively adjudicated to have engaged in the activity described in subsection (d)(1)(A).

The agency shall consider any incidents of sexual harassment in determining whether to hire or promote anyone, or to enlist the services of any contractor, who may have contact with youth.
Before hiring new employees who may have contact with youth, the agency shall:

A) Perform a criminal background records check;

B) Consult any child abuse registry maintained by the State or locality in which the employee would work; and

C) Consistent with federal, State, and local law, make its best efforts to contact all prior institutional employers for information on substantiated allegations of sexual abuse or any resignation during a pending investigation of an allegation of sexual abuse.

The agency shall also perform a criminal background records check, and consult applicable child abuse registries, before enlisting the services of any contractor who may have contact with youth.
The agency shall either conduct criminal background records checks at least every five years of current employees and contractors who may have contact with youth or have in place a system for otherwise capturing information for current employees.
The agency shall also ask all applicants and employees who may have contact with youth directly about previous misconduct described in subsection (d)(1) in written applications or interviews for hiring or promotions and in any interviews or written self-evaluations conducted as part of reviews of current employees. The agency shall also impose upon employees a continuing affirmative duty to disclose any misconduct.
Material omissions regarding misconduct, or the provision of materially false information, shall be grounds for termination.
Unless prohibited by law, the agency shall provide information on substantiated allegations of sexual abuse or sexual harassment involving a former employee upon receiving a request from an institutional employer for whom the employee has applied to work. (See Section 317 of PREA.)

e) PREA Training

The agency shall train all employees who may have contact with youth on:

A) Its zero-tolerance policy for sexual abuse and sexual harassment;

B) How to fulfill their responsibilities under agency sexual abuse and sexual harassment prevention, detection, reporting and response policies and procedures;

C) Youths' right to be free from sexual abuse and sexual harassment;

D) The right of youth and employees to be free from retaliation for reporting sexual abuse and sexual harassment;

E) The dynamics of sexual abuse and sexual harassment in juvenile facilities;

F) The common reactions of juvenile victims of sexual abuse and sexual harassment;

G) How to detect and respond to signs of threatened and actual sexual abuse and how to distinguish between consensual sexual contact and sexual abuse between youth;

H) How to avoid inappropriate relationships with youth;

I) How to communicate effectively and professionally with youth, including lesbian, gay, bisexual, transgender, intersex, or gender nonconforming residents;

J) How to comply with relevant laws related to mandatory reporting of sexual abuse to outside authorities; and

K) Relevant laws regarding the applicable age of consent (See Section 331 of PREA.).

Training shall be tailored to the unique needs and attributes of residents of juvenile facilities and to the gender of the youth at the employee's facility. The employee shall receive additional training if the employee is reassigned from a facility that houses only male youth to a facility that houses only female youth, or vice versa.
The agency shall provide each employee with refresher training every two years to ensure that all employees know the agency's current sexual abuse and sexual harassment policies and procedures. In years in which an employee does not receive refresher training, the agency shall provide refresher information on current sexual abuse and sexual harassment policies.
The agency shall document, through employee signature or electronic verification, that employees understand the training they have received. (See Section 331 of PREA.)

f) Casework

Professional staff shall possess appropriate qualifications as required by law. Social workers shall be qualified in accordance with the Clinical Social Work and Social Work Practice Act [225 ILCS 20].

g) Certificate, Licenses, Registration

Duties that require possession of a current certificate, license or registration as evidence of special competence to perform those duties shall be licensed and certified by the Department of Financial and Professional Regulation.

h) Disciplinary and Grievance Procedures

Procedures regarding employee disciplinary matters and grievances shall be established and made known to all employees.

i) Volunteer and Contractor Training – PREA

The agency shall ensure that all volunteers and contractors who have contact with youth have been trained on their responsibilities under the agency's sexual abuse and sexual harassment prevention, detection and response policies and procedures.
The level and type of training provided to volunteers and contractors shall be based on the services they provide and level of contact they have with youth, but all volunteers and contractors who have contact with youth shall be notified of the agency's zero-tolerance policy regarding sexual abuse and sexual harassment and informed how to report incidents.
The agency shall maintain documentation confirming that volunteers and contractors understand the training they have received. (See Section 332 of PREA.)

20 Ill. Adm. Code 2602.40 Records

a) Personal Record Information

A personal record file shall be established at admission and maintained for each youth throughout the period of confinement. Records shall include:

Name;
AKA and nicknames;
Address;
Age, date of birth and sex;
Parents, guardian or responsible person to notify in case of emergency, including address and telephone number;
Physical description;
Occupation;
Education level and name and address of school last attended;
Religion or religious affiliation;
Presenting offense;
Date and time of police custody;
Date and time of admission and authority;
Name and title of officers presenting and receiving youth, as well as law enforcement jurisdiction by name;
Name and telephone number of youth's attorney;
Dates of previous admission and releases;
Legal status (i.e., DCFS youth in care, adult transfer, aftercare release);
Medical record of health and physical condition at admission; during confinement, including treatment and medication administered; and condition at discharge. Medical records shall be kept separately, subject to court order;
Itemized record of youth's case, other valuables and monetary expenditures and receipts while in custody;
Date and time of court detention order;
Date of petition filing;
Date of adjudicatory and/or dispositional hearing, including continuances;
Dates of temporary absences from detention facility, authority to be absent and destination;
Record of visitors' names and dates of visits;
Record of any incidents related to the youth including injury, misconduct and discipline administered;
Probation officer and/or aftercare Specialist;
Date of release, including name of person and agency to whom released; and
Case number.

b) Confidential Record

All personal record and police record information is confidential and shall not be disclosed to unauthorized persons or to the public, except by order of the court. Staff members shall be provided access to personal record and police record information as required for the performance of their duties.

Rights of and Limitations on Record Access

A) A youth, an authorized attorney, a parent or guardian, may inspect and copy all records contained in the youth's personal record, provided:

i) The youth consents in writing to the inspection and copying of records by an authorized attorney or a parent or guardian; and

ii) That information not subject to inspection and copying may be deleted from records otherwise available to a youth or a parent or guardian.

B) Authorized personnel of the Department may inspect and copy records.

C) All requests by the youth, authorized attorneys, parents and guardians to copy or inspect file material shall be made in writing.

The facility shall comply with all written requests for records subject to inspection and copying within 15 days.

c) Monthly Reports and Statistics

The superintendent shall report accurate information on all detained youth to JMIS. Required information for each youth includes initials, date of birth, race, ethnicity, admission and release dates and times, admitting offense, legal status, and hearing dates. JMIS information on youth in custody should be current and shall be updated no less than monthly. The superintendent shall maintain statistical records, available for review by DJJ, including: detention screening results, admissions, releases, releases with conditions, and overrides; unusual incidents by category; use of force, and use of room confinement. The superintendent shall submit to the Office of Detention and Audit Services monthly, an accurate report of the number of youth confined during the preceding month and provide information on each in the categories indicated on the report form provided by the Office. If JMIS is updated to require additional information the superintendent shall report that additional information.

Monthly population reports must be submitted to the Office by the 10th day of the following month.
Each calendar day, including day of admission and day of release, shall be counted for calculating length of stay.
Duplicate copies shall be prepared. The reporting facility shall maintain the original and forward the duplicate to JMIS.

d) Extraordinary or Unusual Occurrences

Extraordinary or unusual occurrences shall mean:

A) Death, regardless of cause;

B) Attempted suicide;

C) Serious injury, to include accidental or self-inflicted;

D) Escape;

E) Attempted escape;

F) Fire;

G) Riot;

H) Battery on a staff member;

I) Battery on youth by a staff member;

J) Battery on youth by another youth (only if hospitalization or extensive medical treatment is required);

K) Allegations of sexual abuse and assaults – PREA;

i) The agency shall require all staff to report immediately and according to agency policy any knowledge, suspicion or information they receive regarding an incident of sexual abuse or sexual harassment that occurred in a facility, whether it is part of the agency; retaliation against residents or staff who reported an incident; and any staff neglect or violation of responsibilities that may have contributed to an incident or retaliation.

ii) The agency shall also require all staff to comply with any applicable mandatory child abuse reporting laws.

iii) Apart from reporting to designated supervisors or officials and designated State or local services agencies, staff shall be prohibited from revealing any information related to a sexual abuse report to anyone other than to the extent necessary, as specified in agency policy, to make treatment, investigation and other security and management decisions.

iv) Medical and mental health practitioners shall:

• be required to report sexual abuse to designated supervisors and officials pursuant to subsection (d)(2)(K)(i) as well as to the designated State or local services agency where required by mandatory reporting laws.

• practitioners shall be required to inform residents at the initiation of services of their duty to report and the limitations of confidentiality.

v) Reporting

• Upon receiving any allegation of sexual abuse, the facility head or designee shall promptly report the allegation to the appropriate agency office and to the alleged victim's parents or legal guardians, unless the facility has official documentation showing the parents or legal guardians should not be notified.

• If the alleged victim is under the guardianship of the Department of Children and Family Services, the report shall be made to the alleged victim's caseworker instead of the parents or legal guardians.

• If a juvenile court retains jurisdiction over the alleged victim, the facility head or designee shall also report the allegation to the juvenile's attorney or other legal representative of record within 14 days of receiving the allegation.

vi) The facility shall report all allegations of sexual abuse and sexual harassment, including third-party and anonymous reports, to the facility's designated investigators; (See Section 361 of PREA.)

L) Occurrence of serious infectious disease or illness within the facility; and

M) Any injury, illness, mental health emergency or chronic condition that requires outside hospitalization.

Notification shall be made whenever possible to the Office of Detention and Audit Services within 24 hours but in no case later than 72 hours. Notification to the Administrative Office of the Illinois Courts shall be made no later than 72 hours after the extraordinary or unusual circumstance. Timely notification of any extraordinary or unusual circumstance shall be made to the youth's parent's or guardian. If the youth is under the guardianship of the Department of Children and Family Services, the notification shall be made to the youth's caseworker. If a juvenile court retains jurisdiction over the youth, notification shall be made to the youth's attorney or other legal representative of record and the court of jurisdiction.

e) Report to Court

A written report that summarizes the needs, personal and social problems, strengths and other pertinent findings as revealed in detention activities and services shall be forwarded to the probation officer and to the court upon request.

f) Fingerprinting and Photographing

A detention facility shall not transmit any fingerprint or photograph relating to a youth who has been arrested or taken into custody before the youth's 17th birthday, unless so authorized by the court in accordance with Section 1-7(B)(1) of the Juvenile Court Act.

g) Daily Population Report

A daily detention population report shall be supplied to the judge and the director of court services by the superintendent. The report shall include the name of each youth, day admitted, accumulated days of stay, assigned probation officer, date of adjudicatory hearing and any other information the judge might request to assist the control of admissions.

h) Detention Over Thirty Days

Any youth who has been detained continuously, or in the aggregate for the same offense, for more than 30 days must be brought to the attention of the chief judge and presiding judge of the juvenile court having jurisdiction in the case, the youth's parent or guardian, and youth's legal representative by the facility head.

i) Grievances

A log of all grievances shall be maintained. The log shall include the name of the youth, date the grievance was filed, nature of the grievance, the date of any appeal and the date the grievance was resolved.

20 Ill. Adm. Code 2602.50 Admission Procedures

a) Posting of Rights

A Notice of Rights, in Spanish and English, available from the Office of Detention and Audit Services, shall be conspicuously posted in all areas, other than detention rooms, where youth are held in custody.

b) Legal Authority for Detention

The staff member accepting youth for detention must determine that each is being detained under proper legal authority, as provided by court order or written authorization from a court services staff member designated to screen detention referrals from law enforcement. Court services staff members, including juvenile probation officers, can screen a youth for detention referrals but cannot impose the sentence.

c) Identity

Identity of the youth being admitted must be verified. A photograph of the youth shall be taken upon admission and kept as a part of the youth's personal record.

d) Injuries

Any seriously injured, seriously ill, intoxicated or unconscious youth must not be admitted to the detention facility until a medical examination has been conducted by a licensed physician. A written record of diagnosis, treatment, and medication prescribed shall accompany the youth if detention admission is approved by the examining licensed physician.

e) Parental Notification

Detention staff shall notify the parents, guardian or other legal custodian of the youth's admission within one hour after arrival. The date, time of the call and name of person contacted shall be recorded and included in the youth's personal record.

f) Search

A thorough search of the youth's person shall be performed by a staff member to assure against the introduction of weapons, contraband or body pests. Following admission, a strip search may be administered only when there is individualized, reasonable suspicion.

The 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 not specifically involved in the process;
Searches shall be conducted by a person of the same gender (transgender youth shall be allowed to choose the gender of the staff who will conduct the search);
All personal clothing shall be carefully searched for contraband; and
The probing of body cavities may not be done except where there is reasonable suspicion to believe that the youth is carrying contraband there, and searches may only be conducted by medically trained persons (e.g., physician, physician assistant, registered nurse, licensed practical nurse, paramedic) in a private location and under sanitary conditions.

g) Personal Property

There shall be a written policy regarding personal property taken from youth. The policy shall ensure that:

Personal property taken from youth shall be listed and described in the presence of the youth and a receipt issued;
The receipt must show the signatures of the admitting staff member and the youth, with the original filed in the youth's personal record file and the duplicate given to the youth;
All personal property of the youth shall be securely stored until release, discharge or transfer occurs, unless the youth approves, in writing, the release of the property to a designated person;
Personal property released to a third party must have the youth's signature approval and the signature receipt of the third party;
Contraband items, officially confiscated or disposed of, shall be shown on the inventory and the youth's signature shall be obtained along with the signature of the staff member;
Items of personal property subsequently added shall be recorded on the inventory and the youth's signature shall be obtained along with the signature of the staff member; and
Personal clothing shall be laundered or dry cleaned, as appropriate, before storage and made ready for a youth's court appearance, release or approved use during the detention period.

h) Medical Screening

A medical screening shall be performed as part of the admission process either by a qualified medical professional or a staff member who has been trained by medical staff to perform initial screening. Screening shall document questions and responses related to:

A) Current physical, mental, and dental health status or complaints including gynecological issues or pregnancy;

B) Recent injuries or physical trauma;

C) Allergies or special health requirements including special diets;

D) Current sexually transmitted infections and symptoms of infectious or communicable diseases, including tuberculosis;

E) Recent drug or alcohol use and withdrawal symptoms;

F) Current medications needed; and

G) Names of current health care providers in the community.

The screener shall observe the youth for:

A) Signs of trauma or physical injuries;

B) Skin conditions including bruising, lesions, infestation, rash or needle marks;

C) Physical disabilities including mobility, hearing or vision problems; and

D) Signs of intellectual, developmental or learning disabilities.

Serious injuries or signs of trauma at admission shall be photographed in color.

A) The admitting staff member shall observe the youth 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 youth has medical conditions such as dependence on drugs or alcohol, diabetes, epilepsy, past treatment for mental disorders or allergies; whether the youth is on medication; and if female, whether the youth is pregnant. The person performing the examination shall be trained to identify medical and mental problems.

B) The admitting staff member shall contact the parents, guardian or other responsible person, at the time of the first visit, to obtain the medical history of the youth, including current medication and Medicaid/insurance information. Current prescription medication shall be continued without interruption unless a qualified medical professional determines in consultation with the prescribing physician, youth, and family that continuation is not indicated.

C) A mental health screening, including a complete evaluation of risk for suicide must be performed by a mental health practitioner or staff member who has been trained by a mental health practitioner.

D) Any youth showing signs of or reporting physical or mental distress, drug or alcohol abuse shall be referred to health care personnel immediately.

PREA Assessment

A) Within 72 hours after the youth's arrival at the facility and periodically throughout a youth's confinement, the agency shall obtain and use information about each youth's personal history and behavior to reduce the risk of sexual abuse by or upon a resident.

B) Assessments shall be conducted using an objective screening instrument.

C) At a minimum, the agency shall attempt to ascertain information about:

i) Prior sexual victimization or abusiveness;

ii) Any gender nonconforming appearance or manner or identification as lesbian, gay, bisexual, transgender or intersex, and whether the youth may therefore be vulnerable to sexual abuse;

iii) Current charges and offense history;

iv) Age;

v) Level of emotional and cognitive development;

vi) Physical size and stature;

vii) Mental illness or mental disabilities;

viii) Intellectual or developmental disabilities;

ix) Physical disabilities;

x) The youth's own perception of vulnerability; and

xi) Any other specific information about individual youths that may indicate heightened needs for supervision, additional safety precautions, or separation from certain other residents.

D) This information shall be ascertained through conversations with the youth during the intake process and medical and mental health screenings; during classification assessments; and by reviewing court records, case files, facility behavioral records and other relevant documentation from the youth's files.

E) The agency shall implement appropriate controls on the dissemination within the facility of responses to questions asked pursuant to this standard in order to ensure that sensitive information is not exploited to the youth's detriment by staff or other residents. (See Section 341 of PREA.)

i) Placement of Youth in Housing, Bed, Program, Education and Work Assignments – PREA

The agency shall use all information obtained pursuant to Section 341 of PREA and subsequently to make housing, bed, program, education and work assignments for youth with the goal of keeping all youth safe and free from sexual abuse.
Youth may be isolated from others only as a last resort when less restrictive measures are inadequate to keep them and other residents safe, and then only until an alternative means of keeping all residents safe can be arranged. During any period of isolation, agencies shall not deny youth daily large-muscle exercise and any legally required educational programming or special education services. Youth in isolation shall receive daily visits from a medical or mental health care clinician. Youth shall also have access to other programs and work opportunities to the extent possible.
Lesbian, gay, bisexual, transgender or intersex youth shall not be placed in particular housing, bed or other assignments solely on the basis of the identification or status, nor shall agencies consider lesbian, gay, bisexual, transgender or intersex identification or status as an indicator of likelihood of being sexually abusive.
In deciding whether to assign a transgender or intersex resident to a facility for male or female residents, and in making other housing and programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the youth's health and safety, and whether the placement would present management or security problems.
Placement and programming assignments for each transgender or intersex youth shall be reassessed at least twice each year to review any threats to safety experienced by the resident.
A transgender or intersex youth's own views with respect to their own safety shall be given serious consideration.
Transgender and intersex youth shall be given the opportunity to shower separately from other residents.
If a resident is isolated pursuant to subsection (i)(2), the facility shall clearly document:

A) The basis for the facility's concern for the youth' safety; and

B) The reason why no alternative means of separation can be arranged.

Every 30 days, the facility shall afford each resident described in subsection (i)(8) of this Section a review to determine whether there is a continuing need for separation from the general population. (See Section 342 of PREA.)

j) Medication

Any medication in the possession of a youth at admission shall be labeled for identification and withheld until a medical doctor determines the disposition. This determination shall be made at the earliest possible time, but in no instance shall it exceed eight hours after admission or within the time interval specified for administration of the medication on the prescription container, whichever is less.

k) Personal Record Information

A record for each youth shall be established at admission and maintained throughout the period of detention in accordance with the records requirements set forth in Section 2602.40.

l) Showers

All youth must shower or bathe when admitted, unless otherwise advised by medical staff in individual cases.

m) Factors for Placement

The youth shall be assigned to suitable quarters. (See Section 2602.70.)

n) Items of Issue

Youth shall be issued clean bedding, towel, necessary clothing, soap, toothbrush and dentifrice. Youth shall also be issued clothing.

Bedding shall consist of sheets, flame retardant mattress, blankets appropriate to the season of the year and a pillow. These items will be provided to a youth unless the youth has been placed on a mental health crisis status and the bedding poses a threat to the youth's safety as determined by a mental health professional.
The towel shall be cloth and of bath size.
Clothing, including shoes, shall be climate and weather appropriate. Clothing and other garments shall be of an appropriate size and in a state of good, usable condition. Clothing allotment shall be sufficient to allow youth to change clothes to sleep.

o) Rules and Regulations

A copy of the printed detention facility rules and regulations shall be given, explained and acknowledged by each youth at time of admission. Written documentation shall exist as to distribution, explanation and acknowledgement.

p) Admission Isolation

A youth shall be placed in general population for regular programming immediately following admission.

q) Orientation

An initial orientation shall be conducted by a detention staff member at time of admission. The orientation shall include:

Information pertaining to rising and retiring, meals, mail procedures, telephone privileges, visiting, correspondence, commissary, recreation and medical care;
Rules of conduct;
Disciplinary procedures and behavioral programming, including rewards and sanctions;
Information regarding programs (i.e., education, arts and crafts, counseling and all social services);
Procedures for making requests or entering complaints to staff members, judiciary or to Department personnel;
Orientation presentations shall be in written form and read to youth. Youth with limited English proficiency shall be given interpretive assistance.

r) Reporting of Sexual Abuse – PREA

The agency shall provide multiple internal ways for youth to privately report sexual abuse and sexual harassment, retaliation by other youth or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to the incidents.
The agency shall also provide at least one way for youth to report abuse or harassment to a public or private entity or office that is not part of the agency and that is able to receive and immediately forward resident reports of sexual abuse and sexual harassment to agency officials, allowing the resident to remain anonymous upon request. Youth detained pursuant to a judicial immigration warrant shall be provided information on how to contact relevant consular officials and relevant officials at the Department of Homeland Security.
Staff shall accept reports made verbally, in writing, anonymously and from third parties and shall promptly document any verbal reports.
The facility shall provide youth with access to tools necessary to make a written report.
The agency shall provide a method for staff to privately report sexual abuse and sexual harassment of youth. (See Section 351 of PREA.)
Exhaustion of Administrative Remedies.

An agency shall be exempt from the standards of this subsection (r)(6) if it does not have administrative procedures to address youth grievances regarding sexual abuse because the youth may proceed directly to federal court. If an agency does have administrative procedures to address youth grievances regarding sexual abuse, then the agency's procedures must meet the requirements in this subsection (r)(6).

A) Time Limits

i) The agency shall not impose a time limit on when a youth may submit a grievance regarding an allegation of sexual abuse;

ii) The agency may apply otherwise-applicable time limits on any portion of a grievance that does not allege an incident of sexual abuse;

iii) The agency shall not require a youth to use any informal grievance process, or to otherwise attempt to resolve with staff, an alleged incident of sexual abuse; and

iv) Nothing in this subsection(r)(6)(B) shall restrict the agency's ability to defend against a lawsuit filed by a youth on the ground that the applicable statute of limitations has expired.

B) The agency shall ensure that:

i) A youth who alleges sexual abuse may submit a grievance without submitting it to a staff member who is the subject of the complaint; and

ii) The grievance is not referred to a staff member who is the subject of the complaint.

C) Final Decision

i) The agency shall issue a final agency decision on the merits of any portion of a grievance alleging sexual abuse within 90 days of the initial filing of the grievance;

ii) Computation of the 90-day time period shall not include time consumed by residents in preparing any administrative appeal;

iii) The agency may claim an extension of time to respond, of up to 70 days, if the normal time period for response is insufficient to make an appropriate decision. The agency shall notify the youth in writing of any extension and provide a date by which a decision will be made; and

iv) At any level of the administrative process, including the final level, if the youth does not receive a response within the time allotted for reply, including any properly noticed extension, the youth may consider the absence of a response to be a denial at that level.

D) Third Party Requests

i) Third parties, including fellow youth, staff members, family members, attorneys and outside advocates, shall be permitted to assist youth in filing requests for administrative remedies relating to allegations of sexual abuse, and shall also be permitted to file requests on behalf of youth;

ii) If a third party, other than a parent or legal guardian, files a request on behalf of a youth, the facility may require as a condition of processing the request that the alleged victim agree to have the request filed on their behalf, and may also require the alleged victim to personally pursue any subsequent steps in the administrative remedy process;

iii) If the youth declines to have the request processed on their behalf, the agency shall document the youth's decision;

iv) A parent or legal guardian of a youth shall be allowed to file a grievance regarding allegations of sexual abuse, including appeals, on behalf of the youth. A grievance shall not be conditioned upon the youth agreeing to have the request filed on their behalf.

E) Emergency Grievance

i) The agency shall establish procedures for the filing of an emergency grievance alleging that a youth is subject to a substantial risk of imminent sexual abuse.

ii) After receiving an emergency grievance alleging a youth is subject to a substantial risk of imminent sexual abuse, the agency: shall immediately forward the grievance (or any portion thereof that alleges the substantial risk of imminent sexual abuse) to a level of review that immediate corrective action may be taken, shall provide an initial response within 48 hours, and shall issue a final agency decision within 5 calendar days. The initial response and final agency decision shall document the agency's determination whether the youth is in substantial risk of imminent sexual abuse and the action taken in response to the emergency grievance.

F) The agency may discipline a youth for filing a grievance related to alleged sexual abuse only where the agency demonstrates that the youth filed the grievance in bad faith. (See Section 352 of PREA.)

G) The facility shall provide a youth with access to outside victim advocates for emotional support services related to sexual abuse, by providing, posting or otherwise making accessible mailing addresses and telephone numbers, including toll free hotline numbers where available, of local, State, or national victim advocacy or rape crisis organizations, and, for persons detained pursuant to a judicial immigration warrant, immigrant services agencies. The facility shall enable reasonable communication between a youth and these organizations and agencies, in as confidential a manner as possible.

H) The facility shall inform the youth, prior to giving them access, of the extent that communications will be monitored and reports of abuse will be forwarded to authorities in accordance with mandatory reporting laws.

I) The agency shall maintain or attempt to enter into memoranda of understanding or other agreements with community service providers that are able to provide a youth with confidential emotional support services related to sexual abuse. The agency shall maintain copies of agreements or documentation showing attempts to enter into such agreements.

J) The facility shall also provide a youth with reasonable and confidential access to their attorneys or other legal representation and reasonable access to parents or legal guardians. (See Section 353 of PREA.)

The agency shall establish a method to receive third-party reports of sexual abuse and sexual harassment and shall distribute publicly information on how to report sexual abuse and sexual harassment on behalf of a youth. (See Section 354 of PREA.)

20 Ill. Adm. Code 2602.60 Release Procedures

a) Introduction

The legal authority for release is the juvenile court judge or designated representative.
Detention staff shall be familiar with documentation required before a youth is permitted to leave the detention facility, whether for a temporary period or a final release.

b) Minimum Standards

Identification

Positive photographical identification shall be made by a staff member before discharge, transfer or release of a youth. When a youth is discharged or released, a record shall be made of the date, time and legal authority. If the youth is released to the custody of another, the name of the person or agency shall also be recorded.

Physical Screening

Prior to final release or discharge, a notation shall be made in the record of any known injuries, wounds, bruises or health problems.

Personal Property

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

A) Property returned to the youth shall be carefully inventoried, on an itemized receipt created by the facility, and signed by the releasing staff member and the youth.

B) A copy of the itemized and signed receipt shall be maintained by the detention facility as a permanent record.

C) Personal property of youth being transferred to another agency shall be inventoried on an itemized receipt and documentation shall be turned over to the transporting officer in the presence of the youth. A copy of the receipt shall contain the signature of the transporting officer and be made a part of the youth's personal record. Only personal property allowed by the receiving facility shall be transferred with the youth. Items not transferred shall be disposed of by the transferring facility in accordance with its written policy, (e.g., having a parent or guardian pick up items, mailing items to a person designated by youth).

Transfers to Illinois Department of Juvenile Justice

Pursuant to Sections 3-8-1, 3-10-1 and 5-4-1 of the Unified Code of Corrections and Section 5-901 of the Juvenile Court Act of 1987, when a youth is delivered to the custody of the Department, items that include the following information must accompany the youth:

A) The sentencing order and copies of committing petition;

B) All reports;

C) Any statement by the court on the basis for imposing the sentence;

D) Any sex offender evaluations;

E) Any risk assessment or substance abuse treatment eligibility screening and assessment of the youth by an agent designated by the State to provide assessment services for the courts;

F) The number of days, if any, which the youth has been in custody and for which the youth is entitled to credit against the sentence;

G) Any medical or mental health records or summaries of the minor;

H) The municipality where the arrest of the youth occurred, the commission of the offense occurred, and the youth resided at the time of commission;

I) A report detailing the youth's criminal history in a manner and form prescribed by the Department; and

J) All additional matters which the court directs the clerk to transmit. (Section 5-750(5) of the Juvenile Court Act)

20 Ill. Adm. Code 2602.70 Housing

a) The facility shall have written policy related to the placement of youth in housing units. The policy shall consider factors including:

Age;
Gender;
History of violent behavior;
Level of emotional and cognitive development;
Physical size and ability;
Intellectual or developmental disability;
Mental health needs or history of trauma;
Suicide risk; and
Indications of vulnerability or need for separation from other youth.

b) Detention Rooms

In order to ensure reasonable security, sanitation and personal comfort, detention rooms shall be designated for single occupancy and provide at least 80 square feet of floor space.

Detention Room Equipment

Each room shall be equipped with the following:

A) A bed that shall be affixed to the floor of the room. Mattresses with fire retardant treated cotton filling with a flame retardant, waterproofed, and cotton cover are required;

B) A washbasin with piped hot and cold water. A supply of disposable drinking cups shall be provided if the washbasin is not drinking fountain equipped;

C) A toilet; and

D) A tamperproof light fixture to ensure a comfortable reading level.

Detention Room Level

Detention rooms shall be located above ground level.

c) Living Area

A living area containing no less than 30 square feet per youth must be provided in conjunction with each cluster of detention rooms.

Each living area shall be equipped with tables and chairs. Seating shall be provided for each youth.
Music and television equipment shall be provided.
A cold water drinking fountain shall be provided.
Shower areas shall be adjacent to sleeping areas. A minimum of one shower head for every six occupants shall be provided. Water for showers shall be thermostatically regulated to between 100 and 120 degrees Fahrenheit.

d) Dangerous Items

Items adaptable for use as a weapon (i.e., plumbing, conduit, heating equipment, etc.) shall not be accessible to youth.

e) Viewing Devices

There shall be no viewing devices (e.g., peep holes, one-way vision mirrors) that youth are not aware of.

f) Ventilation

The facility shall be comfortably heated and cooled according to the season.

g) Compliance

Those non-compliances relating to physical conditions that adversely affect the treatment of youth with respect to their health and safety may be considered for further action under Section 3-15-2(b) of the Unified Code of Corrections.

h) Variances

Variances connected with physical requirements may be granted by the Director of the Department for existing facilities. 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 consequences if the variance is not granted, and the safety and security of the facility or individuals.

The variance request must be in writing 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 youth or security of the facility.
The approval or denial of a variance request will be returned by letter to the requesting governmental agency.
The Director of the Department may grant a renewal of the variance provided documentation is received from the governing body that indicates a good faith effort on their part to effect necessary actions to comply with the standard in question.
A permanent variance, depending on the circumstances, may be granted.

20 Ill. Adm. Code 2602.80 Medical and Health Care

a) Medical and Health Services

All facilities shall employ a competent medical doctor, physician assistant, nurse practitioner, or registered nurse to ensure that the following are available:

Protocol for youth to report illnesses and injuries.
Treatment of ailments.
Prescription and administration of medications and special diets.
Arrangements for hospitalization.
Liaison with community medical facilities and resources, including providers for emergency medical care.
Environmental health inspections and procedures.
Supervision of special treatment programs, as for drug addicts, alcoholics, etc.
Maintenance of accurate medical records for each youth.
Maintenance of detailed records log of medical supplies, particularly of narcotics, barbiturates, amphetamines, and other dangerous drugs.
Vaccinations.

b) Physician and Dental Services

A medical doctor shall be available to attend the medical needs of youth. Arrangements shall be made for a dentist to provide emergency dental care.

General medical physician services shall be provided in accordance with one or more of the following procedures:

A) On salary, in accordance with locally established personnel pay plan;

B) A contract with a local physician or clinic for full-time coverage at specific hours and for emergencies;

C) A contract with a local physician to conduct sick call, to be on call for emergencies and to examine newly admitted youth;

D) Arrangements with a nearby hospital to provide all needed medical services; and

E) Services rendered, without cost, by another agency or department or with costs prorated.

Access to psychiatric and/or psychological services shall be provided in individual cases as needed.

c) Medical Examination Room

A medical examining room shall be located close to or be part of the admissions area.

d) Medical Examination

All youth admitted to detention shall undergo a physical examination as prescribed in Section 2602.50(h).

Newly admitted youth suspected of having any type of communicable disease shall be isolated and an immediate referral shall be made to the facility 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.
All youth confined for more than seven days shall be given a medical screening by a medical doctor, registered nurse or physician assistant.

e) Sick Call

A schedule and procedure shall be established for daily sick call.

The names of youth reporting to sick call shall be recorded in the medical log.
Youth with emergency complaints shall receive attention as quickly as possible, regardless of the sick call schedule.
Nonmedical detention staff may issue any form of over-the-counter medication, providing the facility physician gives prior written approval to the facility for the issue.

f) Record or Log

A record shall be maintained as part of the youth's personal file of all treatment (including special diet) and medication prescribed, including the date and hour the treatment and medication is administered. A record shall be maintained of over-the-counter medication (i.e., aspirin, cough medicine, etc.) issued by detention staff. A youth's treatment and medication program shall be a part of the summary to the probation officer.

g) Medical Security

Security of supplies must be maintained at all times.

When a physician or other medical personnel attends patients at the facility, a staff member shall be present to assure an orderly process.
Drugs, including over-the-counter medication and other abusable medical supplies, shall be secured and accessible only to designated staff.
Youth 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 detention staff member.

h) First Aid Training

One person on duty, per shift, shall have basic first aid and cardiopulmonary resuscitation (CPR) training.

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. First aid supplies must be secured and not accessible to youth.

j) Parental Notification

Recommendations of the facility physician shall be reported to parents or guardians, in writing, through the probation officer. Parents or guardians, the probation officer, and the court shall be immediately notified of a youth's serious illness or accident.

k) Recommendations

Medication to be ingested should, whenever possible, be in liquid form.
Conditions requiring immediate attention by a physician include, but are not limited to: head injuries, coma, broken bones, open wounds, history of diabetes, epilepsy, tuberculosis, venereal disease, fever or bleeding.
The Department of Public Health may be requested to assist detention facilities by:

A) Providing immunizations;

B) Investigating epidemics, contagious diseases, food poisoning and providing environmental inspections; and

C) Providing health education literature, lectures and staff in-service training consultation.

The Department of Human Services may be requested to assist detention facilities. Since youth may be emotionally disturbed, pre-psychotic, or psychotic but in a temporary state of remission, the Department of Human Services may provide:

A) Mental health staff members for detention facilities;

B) Hospitalization of psychotic youth;

C) In-patient and out-patient treatment of discharged youth;

D) Mental health education; and

E) Diagnostic examinations for reports and commitments.

Existing facilities should provide a private area for a medical examining room.
Detention personnel should receive instruction for emergency care of epileptics during seizures. Specialized care for epileptics will be determined by the detention physician.
Diabetics and epileptics should be closely supervised as they may fail to follow their diet, react to an overdose of medication or, conversely, ignore necessary medication. Diabetics and epileptics should be regularly seen by the facility physician.

20 Ill. Adm. Code 2602.90 Mental Health Services

a) All facilities shall employ or contract with qualified mental health professionals to address the needs of youth identified in the mental health screening, as well as needs that arise during the period of confinement. Services shall meet or exceed the community level of care.

b) Youth with significant mental health needs shall be assessed by a qualified mental health professional. A service plan shall be developed for each youth that includes:

Counseling or psychotherapy to be provided;
Behavioral management strategies and goals;
Medication;
Protocol for monitoring youth's progress; and
Needed adjustments to normal detention programs and procedures.

c) The facility shall provide appropriate services to youth with serious mental illnesses (e.g., bi-polar disorder, psychosis, severe depression) including psychiatric evaluation and care, as well as prescribing and monitoring psychotropic medication.

d) Suicide Prevention/Intervention

The facility shall have policies and procedures in place to identify youth who are at risk of suicide and develop individualized emergency intervention plans in concert with a qualified mental health professional.

Youth who are considered actively suicidal must be under constant supervision or transferred to a mental health facility.
Youth who are at risk of self-harm shall be encouraged to participate in programming.
Youth at risk of self-harm shall not be clothed or housed in degrading or uncomfortable garments or environments or left naked.
Rescue tools shall be available and easily accessible to staff on all living units.

20 Ill. Adm. Code 2602.100 Clothing, Personal Hygiene, Grooming

a) Laundry

Mechanical washing, drying equipment and cleaning agents must be provided when youth are required to supply and wear personal clothing.

If youth are required to wash and dry their personal clothing, a staff member shall supervise and instruct youth in the proper use of cleaning aids during the washing process.
When clothing is provided by the facility, clean clothing shall be issued at least three times weekly.
Youth shall be provided with clean underclothing and socks daily.

b) Grooming and Personal Hygiene

Hair combs and hair brushes shall be furnished to each youth upon admission.
Opportunities to shower shall be provided daily except as amended by medical advice in individual cases. Facilities shall provide shampoo and soap without cost to youth.
Youth shall not be required to shave.

A) However, youth shall be permitted to shave as often as desired. Shaving equipment shall be made available.

B) There shall be no standard hair length or style required.

C) Sideburns, mustaches and beards are acceptable.

Female youth shall be provided articles for feminine hygiene as requested by youth without limit or cost.

20 Ill. Adm. Code 2602.110 Food Services

a) Meal and Food Service

Detention facilities shall provide meals and food service that conform to the following:

Food must be of sufficient nutritional value with a balance of fruits and vegetables and provide a daily minimum of 2,500-3,000 calories. Food shall not be used as a reward or withheld as a disciplinary measure.
Meals shall be provided at reasonable and proper intervals (i.e., adhering to recognized breakfast, lunch, and dinner schedules). No more than 14 hours shall elapse between the serving of evening and breakfast meals, if no bed snack is allowed.
Three complete and balanced meals shall be served to each youth for each 24 hours of detention.
A drink, in addition to water, shall be available with each meal and milk shall be available for at least two meals during each 24 hours of detention.
Special diets shall be adhered to when prescribed by a physician.
The superintendent 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.

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.
Meals shall be served and conducted in a group setting except when prohibited by security or medical needs.
Divided or compartmented trays shall be used for full meal service. Food trays, dishes and eating utensils shall be removed from the dining room soon after the meal is finished and returned to the kitchen for proper washing and sterilizing or disposal.
Ranges, stoves and ovens shall be equipped with an accurate thermostat or temperature gauge.
A mechanical dishwasher, meeting 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, 110 degrees Fahrenheit water containing adequate soap or detergent; one compartment for rinsing; and one compartment for sterilization, with the water temperature no less than 170 degrees Fahrenheit or sterilization using a sanitizing agent.

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

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.

A) Containers used to store dry bulk quantities shall be lined with or have the interior coated with an acceptable impervious substance or plastic.

B) Fresh fruits, vegetables, dairy products, meats and frozen food shall be refrigerated in accordance with Illinois Department of Public Health standards. All refrigerators and freezers shall be equipped with an accurate thermometer. Frozen food shall be kept at or below 0 degrees Fahrenheit. All perishable foods shall be stored at such temperature as will protect against spoilage (no higher than 45 degrees Fahrenheit).

b) Method of Providing Food Service

Food preparation sources must meet the conditions and requirements, including licensing requirements, established by the Illinois Department of Public Health (77 Ill. Adm. Code 750).

c) Menus

Menus shall be preplanned and copies of the menu served shall be maintained for three months. The menu shall be diversified so as to avoid the monotony of a standardized diet.

d) Staff Meals

Staff members shall be served meals no different in quality, quantity or menu than that served to youth.

20 Ill. Adm. Code 2602.120 Sanitation

a) General Requirements

A cleaning schedule shall be established.

Floors shall be swept and mopped at least once daily.
Windows shall be clean.
Insect screens shall be installed in windows, when appropriate, for protection from flying insects.
Ventilation must be sufficient to admit fresh air and remove disagreeable odors.
Forced air or other form of artificial ventilation in the living area shall provide 60 cubic feet per minute of air exchange per person.
Walls shall be kept clear of etched or inscribed drawings or writing.
Walkways and corridors shall be free of litter and trash.
Mops and other cleaning tools and implements shall be thoroughly cleaned and dried after each use and securely stored in a well-ventilated place.
All youth cleaning details shall be under the supervision of a staff member.

b) Facility Equipment

Quarters equipment (e.g., toilets, washbasins, shower stalls and sinks) shall be thoroughly cleaned each day.

All trash and garbage containers shall be equipped with tight-fitting covers.
Trash and garbage shall be removed at least daily and disposed of in a sanitary manner.

c) Facility Drinking Equipment

A drinking fountain shall be provided in the indoor recreational area and accessible to any outdoor recreational area.

d) Facility Supplies

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

Sheets and mattress covers shall be changed and washed at least once a week.
Vinyl-covered mattresses must be washed with hot water, detergent and disinfectant monthly or before reissue.
Blankets shall be laundered, or otherwise sterilized, monthly or before reissue.
Cotton or fiber-filled mattresses or pads shall be aired and spray-sanitized monthly or before reissue.
A clean towel shall be issued to each youth at least three times weekly.
Shaving and barber tools shall be thoroughly cleaned by the user, returned to a staff member, and secured.

e) Facility Food Service

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

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.
Utensils shall be stored in a clean, dry place protected (covered or inverted) from flies, dust, overhead leakage and condensation.
Plumbing shall be in good working order.
The range cooking surface shall be scraped daily. Hoods, vents and filters shall be cleaned regularly.
All windows, walls, and woodwork shall be kept clean.

f) Body Pests

Frequent inspection of living areas shall be made to aid in control of body pests. Immediate extermination measures shall be taken when body pest infestation occurs, including spraying or fumigation of bedding, clothing, equipment and all areas of the building supportive to existence and reproduction of the pests.

g) Pest and Vermin Control

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

20 Ill. Adm. Code 2602.130 Supervision

a) Shift Coverage

There must be sufficient staff members to ensure a ratio of 1:8 staff per youth during waking hours and 1:16 during sleeping hours present in the detention area, awake and alert at all times, to provide supervision while youth are in custody.

No detention facility shall have fewer than three persons on duty, except two staff persons may be on duty and one on call when only male or female youth are detained (e.g., when there are no female youth in detention, a female staff member must be on immediate call and when there are no male youth in detention a male staff member must be on immediate call.). On the midnight shift, two persons may be on duty and one on call.
Staff members shall maintain a record of visual contact with each youth no less than once every 30 minutes; however, visual contact for youth on crisis status shall be made at least once every 10 minutes. Crisis status is a determination made by a mental health professional or other designated staff member to provide for the safety of a youth experiencing crisis, including the designation of a crisis level and implementation of an individualized Crisis Care Plan. Entries shall show the time of checks by the staff member, signature and any relevant remarks.
Supervision of youth shall be constant. Responsibility for supervision of youth remains with staff members. Non-staff persons, such as volunteers, should provide only that supervision necessary to direct or to perform the specific activity for which they are present.
Under the following conditions, except in extreme circumstances, supervision shall be provided by a person of the same gender:

A) When procedures require physical contact or examination, such as strip searches; and

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

The standard in subsection (a)(4) does not prohibit the use of necessary force by a staff member of a sex other than that of a youth.

b) Log Record

A shift log shall be maintained as a record of incidents and activities, including supervisory checks, occurring on the shift.

c) Peer Supervision

No youth shall be allowed to have authority or disciplinary control over another youth.

d) Night Hours

Designated lights-out time shall be determined by administrative policy but shall not be set earlier than 10 p.m.

e) Public View

To the extent possible, detained youth shall be protected from observation that reveals their individual identity.

f) Detention Room Observation Windows

Each detention room door shall be provided with an observation window of at least 60 square inches, with the smaller dimension no less than 5 inches wide, to provide visual supervision of the room. All glass shall be wire reinforced, heavy safety-type or high tempered, measuring at least one-fourth inch thick.

20 Ill. Adm. Code 2602.140 Security

a) Searches

Youth permitted to leave the facility grounds temporarily, for any reason, shall be thoroughly searched prior to leaving and before reentering. A strip search may be administered only when there is individualized, reasonable suspicion.

b) Training

Staff members and other personnel assigned to detention duties must be trained in security measures and handling of special incidents such as assault, disturbance, fire and natural disasters.

c) Detention Security

Staff members must exercise and control security measures and shall not permit youth assistance.

All detention locks and doors shall be regularly and frequently inspected to ensure their proper working order and to detect escape efforts.
Living unit doors opening into a corridor shall be kept locked except when necessary to permit entry or exit.
Detention rooms and storage rooms shall be kept locked at all times when not in use.

d) Light Switches

Electric light switches shall be in the corridor. Light switches shall be key operated.

e) Detention Windows

All glass shall be wire reinforced, heavy safety type or high tempered, measuring at least one-fourth inch thick. All detention windows that can be opened shall be covered with stainless-steel mesh detention screen with minimum 800 psi (12 strands per inch) and spring mounted with lock controlled frame mounted flush with the inside wall.

f) Room Searches

Frequent but irregularly scheduled searches of youth and their quarters shall be made to detect the presence of weapons and other contraband and should be orderly and with recognition of the youth's rights. Room searches should be conducted with the youth observing the procedure, whenever possible.

g) Body Searches and Viewing – PREA

The facility shall not conduct cross-gender strip searches or cross-gender visual body cavity searches (e.g., a search of the anal or genital opening) except in exigent circumstances or when performed by medical practitioners.
The agency shall not conduct cross-gender pat-down searches except in exigent circumstances.
The facility shall document and justify all cross-gender strip searches, cross-gender visual body cavity searches and cross-gender pat-down searches.
The facility shall implement policies and procedures that enable youth to shower, perform bodily functions and change clothing without nonmedical staff of the opposite gender viewing their breasts, buttocks or genitalia, except in exigent circumstances or when the viewing is incidental to routine cell checks. Policies and procedures shall require staff of the opposite gender to announce their presence when entering a resident housing unit. In facilities (such as group homes) that do not contain discrete housing units, staff of the opposite gender shall be required to announce their presence when entering an area where residents are likely to be showering, performing bodily functions or changing clothing.
The facility shall not search or physically examine a transgender or intersex youth for the sole purpose of determining the youth's genital status. If the youth's genital status is unknown, it may be determined during conversations with the youth, by reviewing medical records, or, if necessary, by learning that information as part of a broader medical examination conducted in private by a medical practitioner.
The agency shall train security staff in how to conduct cross-gender pat-down searches, and searches of transgender and intersex youth, in a professional and respectful manner, and in the least intrusive manner possible, consistent with security needs. (See Section 315 of PREA.)

h) Makeshift Weapons

After use, tools and equipment shall be accounted for by the staff member on duty and returned to their proper storage space.

Eating utensils shall be accounted for after each meal and returned to the kitchen.
Kitchen cutlery (i.e., paring knives, butcher knives, etc.) shall be listed and inventoried daily.
Tools and equipment shall be listed and inventoried after each use.

i) Maintenance

Any damaged or nonfunctioning security equipment must be promptly repaired. When it is necessary for outside maintenance to work in a detention living area, all youth shall be removed from the area and the living area carefully searched before youth are readmitted. Maintenance tools shall be carefully checked into and out of the detention area.

j) Access to Records by Youth

No youth shall be assigned work that requires access to personal records of youth currently or previously in detention nor to staff personnel records.

k) Population Count

A master population or locator board shall be established and maintained at the control center indicating the various group living areas and housing assignments. A head count shall be made and recorded at least four times daily, including counts taken at change of shift and night lockup.

l) Key Control

Detention keys shall be stored in a secure key locker when not in use. There shall be at least one full set of detention keys, separate from those in use, stored in a safe place accessible only to staff members for use in an emergency. An inventory of all keys shall be made at the beginning of each shift. Youth shall not be permitted to handle, use or have detention keys of any type in their possession.

m) Firearms and Other Weapons

No person, including law enforcement personnel, shall be permitted to enter any section of the detention area with a gun or other weapon. Weapons shall be stored in a secure and locked drawer, cabinet or container outside the security area.

n) Emergency Power Source

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

20 Ill. Adm. Code 2602.150 Safety

a) Fire Protection

The following procedures shall be followed to ensure safeguards against fire:

Extinguishers shall be readily accessible to staff members, but not to youth. The local fire department shall be contacted regarding the location, type and number of fire extinguishers.
Extinguishers shall be examined not less than once each year and tagged with the date of inspection and initials of the inspector.
All staff members shall be familiar with the characteristics and operation of all types of extinguishers in the facility.
Fire drills for staff personnel shall be conducted quarterly on each shift.
A fire alarm system which includes smoke and carbon monoxide detectors shall be installed, maintained in good condition and inspected at least yearly by the local fire department. Date of inspection shall be recorded.

b) Emergency Exits

Emergency exit doors shall be clearly indicated with at least 4½ inch block lettering stating "EXIT" in all capital letters; their location shall be made known to all staff members; and the keys for the doors shall be immediately available to staff members. There shall be two exits from each floor of detention.

c) Horseplay

Youth shall be prohibited from engaging in wrestling, horseplay or any activity that could cause injury. Employees shall not engage in wrestling or other horseplay.

d) Safety Orientation

Youth who volunteer and are assigned to vocational-type tasks shall be given a safety orientation prior to participation and shall be supervised while performing the task.

e) Combustible Materials

Combustible materials such as drapes, curtains and rugs shall be of flameproof material. Paint shall be flame retardant.

20 Ill. Adm. Code 2602.160 Grievances

This Section shall apply to all grievances except for grievances regarding sexual misconduct outlined in Section 2206.170(d).

a) Prior to submitting a grievance, all youth are encouraged to discuss the matter with a supervising staff member. All supervising staff members shall take reasonable steps to resolve youth issues whenever possible.

b) Youth may file a grievance for any issue. Examples of common issues for youth grievances include, but are not limited to, the following:

Damaged or lost personal property;
Staff conduct;
Handling of mail;
Dietary issues;
Medical or mental health treatment issues;
Requests for Americans with Disabilities Act (42 USC 12101) accommodation; and
Disciplinary issues.

c) Youth grievances must be submitted in writing. Copies of grievance forms shall be available for youth to use, and the youth may keep a copy for the youth's records. Grievances may be submitted to the designated detention officer by hand or by depositing the grievance form in the locked grievance box.

d) A grievance shall be filed within five calendar days after the discovery of the incident, occurrence, or problem that gives rise to the grievance. However, if a youth can demonstrate that a grievance was not timely filed for good cause, the grievance shall be considered.

e) Youth may submit emergency grievances through this process but shall be encouraged to immediately report issues posing a substantial risk of imminent personal injury or other serious or irreparable harm to supervising staff members. Supervising staff members shall contact the superintendent or the superintendent's designee for prompt resolution of emergency issues posing a substantial risk of imminent personal injury or other serious or irreparable harm. Youth shall be instructed to note on the grievance form if it is submitted as an emergency.

f) The designated detention administrator shall respond to all submitted emergency youth grievances as follows:

Conduct an initial review of facts to determine whether circumstances indicate an emergency.
Note on the grievance form when circumstances indicate an emergency and immediately forward to the superintendent. Also, immediately forward allegations of sexual misconduct to the PREA Coordinator.
Note on the grievance form when circumstances do not indicate an emergency, notify the youth of this determination on the grievance form, and respond to the grievance in accordance with non-emergency procedures.

g) The designated detention administrator shall respond to all non-emergency youth grievances as follows:

Examine all relevant information concerning the issue being grieved, including interviewing witnesses and collecting documentation.
Conduct a face-to-face meeting with the youth when the designated detention administrator determines there are serious issues related to safety, security, and well-being that are the subject of the grievance.
Document all information sources on the response to youth grievance form (response form).
When the designated detention administrator is capable of resolving the grievance, provide the youth with a response form within five working days of receipt, and forward a copy to the superintendent. The response shall include a description of the information considered and a rationale for the response.
When the designated detention administrator is incapable of resolving the grievance, send the grievance form, all supporting documentation, and the partially-completed response form to the superintendent for review within five working days of receipt.

h) Superintendents shall respond to youth grievances as follows:

For emergency grievances, the superintendent shall provide the youth with a written response utilizing the grievance form within one working day of receipt and forward a copy for inclusion in the youth's file.
For non-emergency grievances not resolved by the designated detention administrator, the superintendent shall review the grievance form and supporting documentation and provide the youth with a response form within five working days of the superintendent's receipt. A copy of the response form shall be forwarded for inclusion in the youth's file.
For non-emergency grievances resolved by the designated detention administrator, the superintendent shall review the grievance form and supporting documentation and forward a copy for inclusion in the youth's file.

i) A youth may appeal the designated detention administrator written response by completing the appeal section of the response form and sending the grievance form, response form, and supporting documentation to the superintendent within 5 calendar days of receiving the response. Upon receipt, the superintendent shall review the grievance and provide the youth with a written response within five working days.

j) If the youth withdraws a grievance after submitting it, the designated detention administrator must document the withdrawal on the grievance form.

20 Ill. Adm. Code 2602.170 Discipline

a) All facilities shall have a developmentally appropriate, research informed behavioral management program that supports the development of pro-social skills and provides positive reinforcement for good behavior. The program shall provide opportunities for immediate recognition of pro-social behavior as well as meaningful incentives and rewards for improvement and maintenance of desired behavior. The program shall also include potential sanctions for negative behavior that are developmentally appropriate, research informed, proportionate and fair.

b) Written Rules

As part of the orientation process, prior to joining the programming, each youth shall receive a thorough verbal explanation of the rules and behavioral expectations as well as written copy of the rules and program. The verbal and written explanation shall include:

The rules and regulations governing, and rewards for, behavior.
A description of incentives and rewards.
A description of behaviors that may incur sanction.
Potential sanctions for negative behavior.
Authorized methods of seeking information and making complaints, including time frame for resolution of complaints and appeal procedures and access to an advocate.
All other matters necessary to enable youth to understand both their rights and obligations.

c) Written Rules for Youth with limited English Proficiency or Youth with disabilities

If a youth has limited English proficiency or a disability, the facility shall provide a translator or interpreter to explain the rules in the youth's primary language or a manner to ensure the youth will understand. Written rules should be available in multiple languages common among youth in the community.
Written Rules Preventing Sex Abuse – PREA

A) The agency shall take appropriate steps to ensure that youth with disabilities (e.g., youth who are deaf or hard of hearing, who are blind or have low vision, who have intellectual, psychiatric, or speech disabilities), have an equal opportunity to participate in or benefit from all aspects of the agency's efforts to prevent, detect and respond to sexual abuse and sexual harassment. Steps shall include, when necessary to ensure effective communication with youth who are deaf or hard of hearing, providing access to interpreters who can interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. In addition, the agency shall ensure that written materials are provided in formats or through methods that ensure effective communication with youth with disabilities, including residents who have intellectual disabilities, limited reading skills, or who are blind or have low vision. An agency is not required to take actions that it can demonstrate would result in a fundamental alteration in the nature of a service, program or activity, or in undue financial and administrative burdens, as those terms are used in regulations promulgated under title II of the Americans With Disabilities Act, 28 CFR 35.164.

B) The agency shall take reasonable steps to ensure meaningful access to all aspects of the agency's efforts to prevent, detect and respond to sexual abuse and sexual harassment to youth who are limited English proficient, including steps to provide interpreters who can interpret effectively, accurately and impartially, both receptively and expressively, using any necessary specialized vocabulary.

C) The agency shall not rely on youth interpreters, readers, or other types of youth assistants except in limited circumstances where an extended delay in obtaining an effective interpreter could compromise the youth safety, the performance of first-response duties under Section 364 of PREA, or the investigation of the youth's allegations. (See Section 316 of PREA.).

d) Grievances – PREA

Each youth shall be permitted to make requests or complaints to the detention administration, without censorship as to substance. Established protocols shall allow for multiple avenues to submit complaints to facility or department administrators.

The agency shall provide multiple internal ways for youth to privately report sexual abuse and sexual harassment, retaliation by other residents or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents.
The agency shall also provide at least one way for youth to report abuse or harassment to a public or private entity or office that is not part of the agency and that is able to receive and immediately forward youth reports of sexual abuse and sexual harassment to agency officials, allowing the resident to remain anonymous upon request. Youth detained pursuant to a judicial immigration warrant shall be provided information on how to contact relevant consular officials and relevant officials at the Department of Homeland Security.
Staff shall accept reports made verbally, in writing, anonymously and from third parties and shall promptly document any verbal reports.
The facility shall provide youth with access to tools necessary to make a written report.
The agency shall provide a method for staff to privately report sexual abuse and sexual harassment of residents. (See Section 351 of PREA.)
Exhaustion of Administrative Remedies

A) Time Limits

i) The agency shall not impose a time limit on when a youth may submit a grievance regarding an allegation of sexual abuse.

ii) The agency may apply otherwise-applicable time limits on any portion of a grievance that does not allege an incident of sexual abuse.

iii) The agency shall not require a youth to use any informal grievance process, or to otherwise attempt to resolve with staff, an alleged incident of sexual abuse.

iv) Nothing in this Section shall restrict the agency's ability to defend against a lawsuit filed by a youth on the ground that the applicable statute of limitations has expired.

B) The agency shall ensure that:

i) A youth who alleges sexual abuse may submit a grievance without submitting it to a staff member who is the subject of the complaint, and

ii) The grievance is not referred to a staff member who is the subject of the complaint.

C) Final Decisions

i) The agency shall issue its final decision on the merits of any portion of a grievance alleging sexual abuse within 90 days of the initial filing of the grievance.

ii) Computation of the 90-day time period shall not include time consumed by youth in preparing any administrative appeal.

D) Third Parties

iii) If the youth declines to have the request processed on their behalf, the agency shall document the youth's decision.

iv) A parent or legal guardian of a youth shall be allowed to file a grievance regarding allegations of sexual abuse, including appeals, on behalf of a youth. A grievance shall not be conditioned upon the youth agreeing to have the request filed on their behalf.

E) Emergency Grievance

i) The agency shall establish procedures for the filing of an emergency grievance alleging that a youth is subject to a substantial risk of imminent sexual abuse.

ii) After receiving an emergency grievance alleging a youth is subject to a substantial risk of imminent sexual abuse, the agency shall immediately forward the grievance (or any portion thereof that alleges the substantial risk of imminent sexual abuse) to a level of review at which immediate corrective action may be taken, shall provide an initial response within 48 hours of receipt, and shall issue a final agency decision within 5 calendar days of receipt. The initial response and final agency decision shall document the agency's determination whether the youth is in substantial risk of imminent sexual abuse and the action taken in response to the emergency grievance.

F) The agency may discipline a youth for filing a grievance related to alleged sexual abuse only when the agency demonstrates that the youth filed the grievance in bad faith. (See Section 352 of PREA.)

The agency shall establish a method to receive third-party reports of sexual abuse and sexual harassment and shall distribute publicly information on how to report sexual abuse and sexual harassment on behalf of a youth. (See Section 354 of PREA.)
Youth Access to Outside Support Services and Legal Representation

A) The facility shall provide youth with access to outside victim advocates for emotional support services related to sexual abuse, by providing, posting or otherwise making accessible mailing addresses and telephone numbers, including toll free hotline numbers when available, of local, State, or national victim advocacy or rape crisis organizations, and, for persons detained solely for civil immigration purposes, immigrant services agencies. The facility shall enable reasonable communication between youth and these organizations and agencies, in as confidential a manner as possible.

B) The facility shall inform youth, prior to giving them access, of the extent to which communications will be monitored and the extent to which reports of abuse will be forwarded to authorities in accordance with mandatory reporting laws.

C) The agency shall maintain or attempt to enter into memoranda of understanding or other agreements with community service providers that are able to provide youth with confidential emotional support services related to sexual abuse. The agency shall maintain copies of agreements or documentation showing attempts to enter into such agreements.

D) The facility shall also provide youth with reasonable and confidential access to their attorneys or other legal representation and reasonable access to parents or legal guardians. (See Section 353 of PREA.)

e) Prohibited Punishment

Youth shall not be deprived of the following basic rights as part of a disciplinary response:

A) Mattress, pillow, blanket, sheets;

B) Meals including evening snacks;

C) Clean clothes;

D) Personal hygiene items;

E) Daily exercise;

F) Approved phone calls;

G) Ability to send and receive mail;

H) Education;

I) Medical and mental health services:

J) Access to shower;

K) Visits with family or attorney;

L) Access to reading materials; and

M) Access to religious services/counseling.

Group punishment for the misbehavior of one or more youth is prohibited. Punishment must be meted out on an individual basis.
Corporal punishment or any punishment designed to humiliate or degrade youth is prohibited.

f) Use of Force by a Staff Member

When the use of force is authorized, only the least force necessary under the circumstances shall be employed. When force is used, a complete written report shall be made. The facility shall have written policy and procedures that clearly define the parameters for use of force. Use of force must be used as a last resort after de-escalation and other strategies have failed. Staff must be trained in acceptable methods of physical intervention.

Use of force must be limited to those situations where a youth's behavior is an immediate threat to themselves or to others.
Staff must use the least restrictive response necessary and only for the period of time necessary for the youth to gain control.
Pressure point control and pain compliance techniques are prohibited.
Restraining youth in a manner that restricts the airway is prohibited.
Supervisory staff shall debrief youth and staff involved in any use of force and develop strategies that might preclude future incidents.

g) Use of Restraints

Mechanical restraints may only be used when other methods of control are not effective and only for the time necessary for the youth to regain control.

Restraints may not be used for disciplinary reasons.
Handcuffed youth must never be left alone.
Youth may not be handcuffed to stationary objects.
Placing youth in stress positions or hog-tying youth is prohibited.
Use of straitjackets, restraint chairs and four or five point restraints are prohibited.
Other instruments of restraint such as belly chains shall not be used except as a precaution against escape during transportation.
Youth who are transported to court must have shackles or chains removed prior to entering the courtroom unless otherwise ordered by the judge.
When restraints are used, a full written report shall be made.
Restraints are prohibited on pregnant youth when in active labor.

h) Chemical Agents

The use of chemical agents, including pepper spray, tear gas, and mace is generally prohibited. Chemical agents may be utilized when the youth's current behavior indicates that a physical hold or mechanical restraint would be impossible or insufficient to effectively diminish the imminent risk of serious harm. An unusual incident report shall be made pursuant to Section 2206.40(d) after any use of chemical agents.

i) Room Confinement

The agency shall have written policies and procedures that limit the use of room confinement as punishment for rule violations. Voluntary requests for brief time outs by youth should be allowed and are not considered room confinement. Room confinement may be used only as a temporary response to behavior that threatens the safety of the youth or others.

Prior to use of room confinement, staff shall have employed de-escalation techniques.
Room confinement shall not be used for a fixed period of time, but only until the youth is calm enough to rejoin programming without being a risk to the safety of others.
Supervisory staff shall be notified immediately when room confinement is used.
Staff shall employ de-escalation techniques and engage the youth while the youth is confined.
Youth confined to their rooms shall be directly supervised or minimally checked every 30 minutes. Youth on crisis status shall be minimally checked every 10 minutes.
At no time should room confinement exceed 4 hours without administrators and/or mental health staff developing an individualized plan to address the behavior.
A full written report shall be made whenever room confinement is used.

20 Ill. Adm. Code 2602.180 Employment of Youth

Work Assignments

Youth shall be expected to keep their rooms clean and assist with maintaining cleanliness of communal areas. Staff shall supervise all work assignments and provide necessary supplies and equipment. At no time shall youth perform any dangerous work or be exposed to toxic chemicals. If the facility chooses to offer opportunities for extra work assignments, positive behavioral incentives should be available for youth who volunteer.

20 Ill. Adm. Code 2602.190 Mail Procedures

a) Scope

Procedures for receiving and sending mail must protect the youth's personal rights and provide for reasonable security practices consistent with the function of a detention facility. A youth shall be allowed to correspond with anyone if the correspondence does not violate any State or federal law, except a youth shall not be allowed to correspond with the victims of the youth's current or any previous offense unless the victim has given consent in writing.

b) Incoming Mail

Youth shall be permitted to receive an unlimited number of letters.

Incoming mail shall not be read, censored or reproduced but may be opened and examined for contraband or funds.
Cashier's checks, money orders, certified checks or cash shall be recorded in the youth's personal property record or trust fund account indicating the sender, amount and date.
Incoming letters containing contraband shall be held for further inspection and disposition by the superintendent.

A) Contraband received shall be handled with care and labeled with the date of receipt, the name and address of the sender, the name of the youth to whom it is addressed, and the date and names of persons handling same.

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

All mail shall be distributed to the youth on the day it is received. A discharged or transferred youth's mail shall be forwarded unopened. If no forwarding address is available, mail shall be returned, unopened, to the sender.
A youth shall not be allowed to open, read or deliver another youth's mail.
Youth may receive books and periodicals subject to inspection by detention staff members. Packages may be received only if approved by administrative policy and shall be subject to inspection before being delivered to the youth.
The superintendent or designee shall retain the right to inspect non-privileged incoming mail when it is believed that security may be impaired.

c) Outgoing Mail

Each youth shall be permitted to send, at personal expense, an unlimited number of letters.

Postage shall be provided to indigent youth for at least three letters per week.
Postage supplied to youth shall not be transferable.
Appropriate stationery, envelopes and a writing implement shall be supplied.
Youth may not send packages by mail unless granted permission to do so by the superintendent.
Outgoing mail shall be collected Monday through Friday. Every effort shall be made to ensure that outgoing mail is delivered to the US Postal Service on the same day.
The superintendent or designee shall retain the right to inspect non-privileged outgoing mail when it is believed that security may be impaired. Except for privileged mail, youth shall submit outgoing mail in unsealed envelopes.

d) Outgoing Privileged Mail

Outgoing letters from youth to persons or organizations listed in this subsection (d) are privileged communications and may be sealed by the youth prior to submission for mailing. Letters shall not be opened by the detention staff before mailing and shall be dispatched promptly.

Elected or appointed federal or State officials including any U.S. Senator or Representative; any federal judge or the clerk of any federal court; the Attorney General of the United States; the Director of the Federal Bureau of Prisons; the Governor of the State of Illinois; any Illinois Circuit, Associate, Appellate or Supreme Court judge; the Illinois Attorney General; and any member of the Illinois General Assembly.
The Director of the Department; a Deputy Director of the Department; and the Chief of the Office of Detention and Audit Services of the Department.
Any attorney currently licensed to practice law.
All correspondence addressed to legal aid organizations and any other organization whose official declared purpose is to provide legal services for youth. These letters may be addressed either to paraprofessional personnel at the organization or to the organization office.
The John Howard Association.

e) Incoming Privileged Mail

Incoming mail from persons or organizations identified in the preceding standard may be opened only for verifying the addressee and the addressor, and to ascertain that nothing other than legal and/or official matter is enclosed. Mail opening must be in the presence of the youth.

f) Disciplinary Denial

Youth shall not be denied mail rights for disciplinary purposes; however, a serious violation of mail regulations may result in close scrutiny of mail.

g) Release, Transfer or Discharge

A released, transferred or discharged youth shall be permitted to take all personal mail.

20 Ill. Adm. Code 2602.200 Telephone

a) Telephone Communication Upon Admittance

Each youth shall be given an opportunity to make a reasonable number of telephone calls upon admittance to reach a parent, guardian, or an attorney. (Refer to Notice of Rights, Section 2602.50(a).)

b) Telephone Schedule

A schedule to permit each youth to place at least two telephone, free of charge, calls each week shall be established. Additional calls may be permitted by local administrative direction.

A minimum of 15 minutes shall be allotted for each phone call.
Telephone calls shall not be monitored; however, verification of the party called may be required.
A record of telephone calls, including date and person called, shall be maintained.

c) Incoming Telephone Calls

Youth shall be allowed to receive a reasonable number of telephone calls from parents, guardians and clergy. These calls may be monitored. A designated time period each day shall be established by the administration for youth to receive calls so as not to interfere with the normal functions of the detention facility.

d) Calls with Attorneys

Telephone calls with attorneys shall not be restricted and shall not count against the allotted number of calls. These calls shall be considered private and shall not be monitored. Verification of the attorney may be required.

e) Violation of Telephone Rules

Violation of detention rules governing the telephone program may result in suspension of telephone usage for a designated period of time for the youth.

20 Ill. Adm. Code 2602.210 Visiting

a) Minimum Standards

Visit Regulations

The superintendent shall establish written procedures regarding visits.

A) A liberal visiting schedule shall be established identifying no fewer than two visiting days each week, one of which must be during the weekday evening hours and one during the weekend. Additionally, visiting shall be allowed on all legal holidays. A facility can, on a case-by-case basis, allow visits outside the normal visiting hours to ensure at least weekly visitation if the parents' or guardians' work schedule precludes visits during regular hours or a family emergency exists (e.g., death in family).

B) Facility policy shall prioritize family engagement with youth during custody. Minimally parents and grandparents shall be allowed visits with consideration for siblings, extended family, children of the youth and other concerned adults. A list of authorized visitors for each youth shall be developed in consultation with the assigned court services or aftercare worker.

C) No restriction shall be placed on visits by attorney, clergy, social workers, probation officers or other persons professionally associated with a youth's case at reasonable non-scheduled hours. These visits shall not count against any limitation that may be placed on the number of visits allowed.

D) Youth shall be authorized at least one hour for each visit.

E) Visits shall be supervised only to the extent that privacy is assured. Visits shall be contact visits unless specific concerns preclude contact visits for identified individuals.

F) Facility policy shall have an option for video conferencing.

Privileged and Confidential Visitation

An area for private interviews between youth and attorneys, religious advisors or other professional person shall be provided and arranged to ensure privacy.

Security Precaution

All adult visitors shall be required to provide identification and sign a visitor register before being permitted to visit a youth.

Searches

The visiting area should be thoroughly searched before and after each visit. Visitors are subject to search, and a search notice sign must be conspicuously posted. Youth must be thoroughly searched after each contact visit. A strip search may be administered to a youth only when there is individualized, reasonable suspicion.

b) Restrictions

Persons prohibited by court order from contact with a youth shall be denied visits.
Persons suspected to be under the influence of alcoholic beverages or drugs should be denied visits with youth.
Visitors shall be prohibited from bringing personal items in accordance with rules of contraband. Facilities shall provide, free of charge, space for individuals to secure personal belongings.

20 Ill. Adm. Code 2602.220 Detention Programs

Programs designed to address the risk and needs of delinquent youth shall be provided to youth in custody either by staff or community providers. Programs may include drug and alcohol treatment, group or individual counseling, social and life skills training and family interventions. Facilities shall have in place an evidence-based positive behavior program that target criminogenic risk and needs of youth in custody.

20 Ill. Adm. Code 2602.230 Education

a) Education

Each facility must designate a qualified educational authority responsible for the development and implementation of the educational program. The educational authority must ensure that:

The program complies with State and federal education standards.
Teacher student ratios are at least 1:12 for general education and 1:8 for students with Individualized Education Programs (IEPs).
Qualified special education staff are assigned to youth with special education status and special education testing is available for youth in custody.
IEPs are in place for youth with special education status. Teachers shall follow the IEP and document the progress.
Materials and resources are similar to what would be available in a public school.
All youth are enrolled immediately upon admission.

b) A detention facility shall operate a 12 month long schedule of school instruction and programming with appropriately certified teachers that are licensed by the State Board of Education. There shall be a minimum of five hours of instruction per day.

c) Curriculum

The curriculum shall supply instruction in language arts, mathematics, biological or physical sciences, social studies, fine arts and physical developmental health.

d) Notification

A youth's home school shall be immediately notified of the youth's detention status. Detention school attendance is credited on the youth's home school attendance record. Facilities shall develop protocols to optimize the potential for youth to receive credit in their home schools for work in detention.

e) Obtaining and Sharing of School Records

There shall be a written policy for obtaining school records upon a youth's admission into detention and for sharing of school records when a youth leaves detention in accordance with the Section 6 of the Illinois School Student Records Act [105 ILCS 10].

f) Class Size

Class size shall not exceed 12 students per teacher.

Classes shall be coeducational.
Remedial classes shall be limited to a maximum of eight students.

g) Classroom Size

Classrooms shall provide no less than 150 square feet for the teacher and 20 square feet per student per room.

Toilet and washbasin facilities must be located in or near the classroom.
Equipment and supplies shall be of similar quality and quantity as provided in public school facilities.

h) Arts and Crafts Room

Arts and crafts activities requiring special equipment (i.e., pottery, woodshop) shall have a special room provided.

Special equipment shall have safety devices available and safety operational signs posted.
Each youth shall be given a safety orientation lecture before using equipment.
Secure storage areas shall be provided for tools, supplies and unfinished projects.
Tools shall be inventoried at the end of each class session.

i) School Exempt Youth

A schedule shall be established providing for separate activities for youth who have already obtained their high school diplomas or GED.

j) Reporting

Each facility shall file an annual education plan no later than August 1 with Office of Detention and Audit Services and the Administrative Offices of the Illinois Courts. Each annual plan shall contain the following:

A) Number of anticipated school days;

B) How the curriculum complies with State and federal standards;

C) How the facility will limit class size; and

D) How course credits will be calculated and awarded.

Each facility shall file an annual education report no later than July 1 with Office of Detention and Audit Services and the Administrative Offices of the Illinois Courts. Each annual report shall include the following:

A) Number of students served, including;

i) males;

ii) females;

iii) ages;

iv) grade level;

v) Individualized Education Program; and

iv) Plan under Section 504 of the Rehabilitation Act of 1973 (29 UCS 701).

B) Total number of actual school days; and

C) Teacher to student ratios.

20 Ill. Adm. Code 2602.240 Library

a) Library Services

Library services shall be made available to all youth.

Library materials shall include up-to-date information and recreational and education resources appropriate to a variety of age ranges and reading abilities.
Reading material shall reflect varying racial, ethnic, recreational, religious, political and educational interests.

b) Written Policy

There shall be a written policy describing access to the library.

c) Library Personnel

In the absence of a full-time librarian, whether employed by a public library system or on the staff of the detention facility, there shall be a staff member whose job assignment shall include ongoing development and maintenance of the library and act as the liaison with a public library.

20 Ill. Adm. Code 2602.250 Religious Services

a) Minimum Standards

Religious Services

Youth shall be afforded an opportunity to participate in religious services and receive religious counseling.

Compulsory Participation

Youth shall not be required to attend, participate or be exposed to religious services or discussions, or denied the same. Youth who choose not to participate in religious services shall not be confined to their rooms but allowed to participate in an alternative activity.

b) Recommendation

Parents or guardian of a youth should be contacted when the youth expresses a desire to attend religious services or to receive religious counseling in a faith other than that of the family.

20 Ill. Adm. Code 2602.260 Recreation and Leisure Time

a) Recreation

Vigorous physical activities, indoor and out, shall be a part of the daily schedule. Passive indoor activities, in addition to television viewing and radio listening, shall be included. At least one hour of physical recreation and one hour of additional leisure activity shall be scheduled each day.

b) Exercise Area

Facilities shall include a gymnasium and outdoor space of sufficient area to allow strenuous physical exercise.

The exercise room must be at least 20 by 40 feet for facilities of less than 60 rated capacity.
Facilities of 60 or more rated capacity shall have a standard size gymnasium.
Areas for outdoor yard exercise must provide at least 200 square feet of recreation space per youth with a minimum size of 3,000 square feet.

c) Restrooms

Toilet facilities shall be immediately accessible to youth off the play area of exercise rooms and outdoor yard areas.

d) Exercise Equipment

Exercise areas shall be appropriately equipped and utilized within the limitations of security requirements.

f) Written Policy

There shall be a written policy covering day-to-day exercise activities and schedules.

20 Ill. Adm. Code 2602.270 New Design and Construction

a) Department Approval

The Department shall approve all remodeling and new construction plans of detention facilities. The Department will assist architects in planning new facilities through consultation and review of preliminary and final drawings submitted to the Department for examination.

The architect's preliminary drawings shall be reviewed by the Department.
A complete set of final plans and specifications shall be submitted to include:

A) Architectural design;

B) Heating and ventilating system;

C) Plumbing specifications;

D) Electrical specifications;

E) Specifications for construction materials;

F) Equipment; and

G) Furnishings.

Change orders in construction, subsequent to final plan approval, must be submitted to the Department.
Plans showing the proposed building location must be submitted to the Illinois Department of Natural Resources to determine compliance with the Regulation of Construction within Flood Plains (17 Ill. Adm. Code 3706) and Construction Activities in Special Flood Hazard Areas (Executive Order 79-4, effective June 1, 1979).

b) Compliance with Local and State Laws and Existing Standards for County Detention Homes

The Department shall withhold approval of a site or building design not complying with the requirements of or having the approval of local zoning boards, county or municipal governing bodies or commissions, or other responsible agencies.

c) Location

The site shall be located so as to:

Assure privacy for youth;
Insure against encroachment by future construction on adjacent property;
Permit future expansion of the facility; and
Be reasonably accessible by available public transportation.

d) Rated Capacity

The rated capacity of each detention facility shall be established prior to construction.

e) Lighting

Fixtures shall be tamperproof, recessed and provide a comfortable reading level (30 foot-candles). Building design shall provide for maximum natural light.

f) Emergency Systems

Each facility shall be equipped with an automatic fire alarm system, including smoke and carbon monoxide detectors, fire sprinkler system and an emergency lighting system.

g) Secure Doors

Placement and type of doors throughout a facility shall be of physical condition to ensure security and safety:

Doors shall be either 14 gauge hollow metal filled with sound absorbing insulation or a solid hardwood with metal covering. Doors to sleeping quarters and detention area corridors shall have a secure observation port.
Door jambs shall be hinged to metal frames set securely in the wall. Hinges shall be concealed, tamperproof mounted and contain tamperproof hinge pins.
Doors in Youth Quarters

A) Shall have knobs on the corridor side only with a solid metal non-projecting finger pull on the room side; and

B) Each door shall have a security-type ventilating feature unless air conditioning is provided.

h) Corridors

When a central corridor design is used, the corridor must be no less than eight feet wide. It must be without turns and blind spots and be well-lighted.

Individual rooms shall be on each side of the corridor in a staggered fashion.
Doors shall swing open into the corridor.
The corridor shall provide direct entrance to the living area from the sleeping area.

i) Admission Area

The admission area shall be accessible by separate entrance for youth being admitted and shall be:

Adjacent to the detention area.
Equipped with toilet, washbasin and shower facilities.
Provided with a medical examination room adjacent to the admission area.

j) Storage

Adequate storage area shall be provided in the admission area and living unit area. Storage rooms, particularly janitor closets, shall be ventilated.

k) Administration Area

The administration area shall provide adequate office space for private consultations. Staff washroom and shower areas shall be provided.

l) Detention Room Space

Detention room floor space shall be a minimum of 80 square feet.

Part 2603 County Shelter Care Standards

20 Ill. Adm. Code 2603.1 Applicability

These standards shall apply to all county shelter care facilities, except for those facilities which were in operation prior to January 1, 1980.

History

Source: Added at 12 Ill. Reg. 12405, effective October 1, 1988

20 Ill. Adm. Code 2603.5 Definitions

"Department" means the Illinois Department of Juvenile Justice.

"Office of Detention and Audit Services" means the unit within the Department of Juvenile Justice that is authorized to monitor compliance with the County Juvenile Detention Standards.

"Director" means the Director of the Illinois Department of Juvenile Justice.

"Unit" means the Office of Detention and Audit Services.

History

Source: Added at 12 Ill. Reg. 12405, effective October 1, 1988

20 Ill. Adm. Code 2603.10 Admission Policy

a) Introduction

The decision to admit a youth to a county shelter care facility is the responsibility of the court. These facilities are designed for those youth taken into custody under the Juvenile Court Act of 1987 [705 ILCS 405/5-410] who do not require or are not authorized by law to be detained in a secure facility.

b) Minimum Standards

Statement of Admission Policy

The Chief Judge of the circuit court of the county maintaining a shelter care home or his designee shall define, in writing, the shelter care admission policies.

A) A qualified intake person shall be appointed to screen court placements and monitor shelter care admissions.

B) Twenty-four hour intake coverage shall be provided.

C) No child shall be accepted in a county shelter care home without authorization of a judge or person designated by a judge.

D) The person presenting a child for shelter care admission shall submit a detailed, written report of circumstances to the intake person.

E) No child shall be admitted to a shelter care home when such admission will result in exceeding the rated capacity.

Acceptable Age Group

Only those youth 9 years of age to those under 18 years of age shall be accepted for admission.

Shelter Care Hearing

A) The Juvenile Court Act of 1987 [705 ILCS 405/3-11, 4-8 and 5-415] provides:

i) Unless sooner released, a minor as defined in Section 2-2 of this Act, taken into temporary custody must be brought before a judicial officer within 36 hours, exclusive of Saturdays, Sundays and court-designated holidays, for a shelter care hearing to determine whether the youth shall be further held.

ii) Unless sooner released, a minor as defined in Section 2-3, 2-4 or 2-5 of this Act, taken into temporary custody must be brought before a judicial officer within 48 hours, exclusive of Saturdays, Sundays, and holidays, for a shelter care hearing to determine whether he/she shall be further held in custody.

iii) The minor must be released from custody at the expiration of the 36 or 48-hour period, as the case may be, if not brought before a judicial officer within that period.

B) If a youth is further sheltered, a petition issued by a judge or person designated by a judge must be on file.

Situation Change

A child shall be released by the court from shelter care when a change in the situation which necessitated such care occurs and the need for such care is no longer justified.

Acceptance of Children

The admission criteria shall stipulate that children must be accepted, regardless of race, creed, national origin or handicap.

History

Source: Amended at 12 Ill. Reg. 12405, effective October 1, 1988

20 Ill. Adm. Code 2603.20 Administration

a) Introduction

Shelter care procedures and programs should be based on a homelike environment. A non-secure setting is open in nature and designed to allow youth maximum participation in the community and its resources. It is intended to minimize the psychological hardships on youth held out-of-home and not to restrict freedom of movement.

b) Minimum Standards

Shelter Care Responsibility

A) The Chief Judge of the circuit court or any judge of the circuit designated by the Chief Judge, shall appoint the superintendent of the shelter care home, as well as all other necessary employees [55 ILCS 75/3].

B) The superintendent shall have responsibility and accountability for shelter care management.

Objectives

The purposes of supervision, guidance, and treatment shall be clearly stated in writing and each staff member shall be made fully aware of them.

Staff Training

The superintendent shall be responsible for providing staff orientation, in-service training, and a regular and continuous staff development program.

A) Staff training shall consist of a minimum of 40 scheduled hours the first year of employment and 20 hours each year thereafter.

B) All staff assigned to shelter care duties shall be made familiar with these standards.

Written Procedures

A written manual of policies and regulations shall be published and furnished to each employee. Written emergency procedures in event of a fire, runaway, bomb threat, riot or natural disaster shall be a part of the manual.

Job Description

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

Records

The superintendent shall ensure that all required records are maintained.

Staff Library

Access to professional literature dealing with shelter care and related fields shall be provided.

Capacity

A shelter care facility shall have a capacity of at least five and no more than 20 youths. Counties contemplating establishing a facility of more than 20 capacity must submit a request for variance to the Director, Department of Juvenile Justice.

History

Source: Amended at 12 Ill. Reg. 12405, effective October 1, 1988

20 Ill. Adm. Code 2603.30 Personnel

a) Introduction

Improving staff performance to meet the expanded objectives of shelter care is a continuing process. Management must provide positive direction for staff members.
It is recognized that children who are placed in shelter care are often frightened, upset, angry, and lonely. The majority of these children will have emotional needs which will require special attention. Staff personnel must have qualities to provide the tenderness, understanding, and affection to children to ease the pain and anxiety of transition.

b) Minimum Standards

Shelter Care Staffing

Each shelter care facility must have sufficient personnel to provide adequate 24-hour supervision of children seven days a week.

A) A superintendent, qualified by training and experience to supervise staff and children, shall be appointed for each shelter care home.

B) No child shall be sheltered without a staff member on continuous duty in the living unit, awake and alert, at all times. (See Section 2603.130.)

C) Supervision by a female staff member shall be required any time a female child is sheltered.

Staff Selection

Selection criteria for a potential staff member whose job responsibility requires immediate and direct contact with children shall include attention to such characteristics as emotional maturity; physical stamina; sense of humor; imagination; freedom from hostility; unbiased attitudes toward racial, ethnic, and religious differences; and skills suitable for dealing with retarded and/or physically handicapped children.

Rules and Regulations

Each staff member working with children shall have a thorough knowledge of all rules, regulations, and procedures for providing care to minors. Shelter care staff shall be thoroughly acquainted with all physical features of the facility and all emergency equipment.

Casework

One professional staff member, with at least a bachelor's degree in social work or a related field, shall be a member of the shelter care staff.

Certificate, License, Registration

Persons with duties which require possession of a current certificate, license or registration as evidence of special competence to perform those duties shall be licensed and certified by the State of Illinois.

Disciplinary and Grievance Procedures

Procedures regarding employee disciplinary matters and grievances shall be established and made known to all employees.

Staff Physical

Each person must have a physical examination by a medical doctor as a prerequisite for employment, to include a report that the person is free from communicable disease.

Staff Age

All persons in supervisory or other responsible positions shall be at least 21 years of age.

20 Ill. Adm. Code 2603.40 Records

a) Introduction

An accurate records system is of utmost importance. A complete record and report system provides the superintendent with an effective management tool and essential information for the court.

b) Minimum Standards

Face Sheet and Personal Record Information

A face sheet and personal record file shall be maintained for each child in accordance with Section 2603.50(b)(10).

Confidential Record

All face sheet data and case record information is confidential and shall not be disclosed to unauthorized persons or to the public, except by order of the court. Staff members shall be provided access to case information required for the performance of their duties.

Monthly Reports, Statistics

The superintendent shall submit a monthly report to the Office of Detention and Audit Services of the number of children sheltered during the preceding month and provide information for each of the categories indicated on the report form provided by the Unit.

A) Monthly population reports must be submitted to the Unit by the tenth day of the following month.

B) Each calendar day, including day of admission and day of release, shall be counted for calculating length of stay.

C) Duplicate copies shall be prepared. The reporting facility shall maintain the original and forward the duplicate to the Unit.

Extraordinary or Unusual Occurrences

All unusual incidents which involve or endanger the lives or physical welfare of staff members or children must be reported to the Unit, utilizing the forms supplied by the Unit.

A) Reports shall be forwarded within 72 hours of the occurrence.

B) Extraordinary or unusual occurrences shall mean:

i) Death, regardless of cause.

ii) Attempted suicide (if hospitalization or medical treatment is required).

iii) Serious injury, including accidental or self-inflicted.

iv) Fire.

v) Battery on child by a staff member.

vi) Battery on child by another child (only if hospitalization or extensive medical treatment is required).

vii) Battery on staff member by a child.

viii) Sexual assaults.

xi) Occurrence of serious infectious disease or illness within the facility.

Report to Court

A copy of the unusual occurrence report will be forwarded to the court by the superintendent.

Population Report

A shelter care population report shall be supplied to the judge by the superintendent daily or as required by the court but not less than weekly. This report shall include the name of each child, day admitted, accumulated days of stay, date of hearing, and any other information the judge might request to assist the control of admissions.

History

Source: Amended at 12 Ill. Reg. 12405, effective October 1, 1988

20 Ill. Adm. Code 2603.50 Admission Procedures

a) Introduction

The legal authority for shelter care admissions is the Chief Judge or his designated representative. A thoroughly planned and well organized admission process is an indispensable prerequisite to good shelter care management.

b) Minimum Standards

Legal Shelter Authority

The staff member accepting children for shelter care must determine that each is being sheltered with proper legal authority.

Identity

Identity of the child being admitted must be verified.

Injuries

Any injured, ill or unconscious child must not be admitted to the shelter care facility until a medical examination has been conducted by a medical doctor to determine whether shelter care or hospitalization is appropriate. A written record of diagnosis, treatment, and medication prescribed shall accompany the child if shelter care admission approval prevails.

Parental Notification

Shelter care staff shall notify the parents, guardian or other legally responsible person of the child's admission within one hour after arrival. If it is not possible to notify any of these persons within the allotted time, efforts shall continue. Date and time of such call and name of person notified shall be recorded.

Accountability of Personal Property

Children admitted to the shelter care facility shall be provided the option of accepting personal responsibility for the safekeeping of personal property, sending the property home or having the facility accept responsibility for his/her personal property. Each personal property item retained by the facility shall:

A) Be listed and described in the presence of the child and a receipt shall be issued.

B) The receipt must show the signature of the admitting staff member and the child, with the original filed in the child's personal record file and the duplicate given to the child.

C) Children shall be allowed to wear rings, bracelets, watches, necklaces, earrings, and costume jewelry.

Clothing

Youth shall be permitted to wear their own clothing while in the shelter care facility. If the youth does not have access to clothing, or clothing is inappropriate for the season, the facility shall provide such clothing.

Security of Personal Property

All personal property of the child accepted by the facility shall be securely stored until such time as release or transfer occurs.

A) Prohibited items, e.g., firearms, controlled substances, items that could be used as weapons, and which are officially confiscated or disposed of, shall be shown on the inventory. The superintendent is accountable for all prohibited items.

B) Items of personal property subsequently added shall be recorded on the inventory and the person leaving the personal property shall be given a receipt.

C) A system of strict accountability to ensure personal property security shall be established in writing.

D) Personal clothing shall be laundered or dry cleaned, as appropriate, before storage and made ready for a child's court appearance, release or approved use during the shelter care period.

Medical Screening

The admitting staff member shall observe the child for any obvious injuries or illnesses requiring immediate emergency medical care, rashes, body pests, unusual cough, high temperature, and general mental status. The officer shall determine by questioning if the child has medical problems, such as dependence on drugs or alcohol, asthma, diabetes, epilepsy, past treatment for mental disorders, allergies, if the child is on medication, and if the child is female, if she is pregnant.

A) The examination 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 not specifically involved in the process.

B) Examinations shall be conducted by a person of the same sex.

C) Any child showing signs of or reporting unusual physical or mental distress shall be referred to health care personnel immediately.

D) The superintendent or his designee shall question the parents, guardian or other legally responsible person as soon as contact can be made, regarding the medical history of the child, immunizations and allergies.

E) Any serious injuries existing at the time of admission shall be photographed in color.

F) Any evidence of child abuse shall be reported to the Illinois Department of Children and Family Services.

Medication

Any medication in the possession of a child at admission shall be labeled for identification and withheld until verification of its proper use is obtained. This determination shall be made at the earliest possible time. In no instance shall it exceed eight hours after admission or the time interval listed on the labeled directions, whichever is less.

Face Sheet and Personal Record Information

A record for each child shall be established at admission and maintained throughout the period of shelter care. Such records shall include:

A) Name.

B) AKA and nicknames.

C) Address.

D) Age, date of birth, and sex.

E) Parents, guardian or responsible person to notify in case of emergency, including address and telephone number (residence and employment numbers).

F) Physical description and characteristic marks.

G) Religion or religious affiliation.

H) Education level and name and address of school now attending.

I) Reason for admission.

J) Date and time of admission and authority.

K) Name and title of person or any agency, including any law enforcement agencies, presenting or receiving youth.

L) Dates of previous admissions and releases.

M) Medical record of health and physical condition at admission, during shelter care, including treatment and medication administered, and condition at release. Medical records will be kept separately, subject to court order.

N) Itemized record of children's cash, other valuables, and monetary expenditures and receipts while sheltered.

O) Date and time of court shelter care order.

P) Date of petition filing.

Q) Date of shelter care, adjudicatory and/or dispositional hearing, including continuances.

R) Date of temporary absences from shelter care home, authority to be absent, and destination.

S) Social worker assigned.

T) Probation officer assigned.

U) Record of assigned social worker's visits.

V) Record of misconduct and discipline administered.

W) Date of release, including name of person and/or agency to whom released.

Lice and Other Body Pests

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

Showers

All children must shower or bathe when admitted, except as amended by medical advice in individual cases.

Room Assignment

The child shall be assigned to suitable quarters. (See Section 2603.80.)

Items of Issue

Children shall be provided with clean bedding, bath towel, washcloth, necessary clothing for everyday use, pajamas, soap, toothbrush, and dentifrice. Bedding shall consist of two sheets, flame retardant mattress, blanket(s) appropriate to the season of the year, a pillow, and pillow case.

Rules and Regulations

A copy of the printed shelter care home rules and regulations in English and Spanish shall be posted in a conspicuous place readily accessible to children.

Orientation

An initial orientation, conducted by the social worker or a member of the group supervisory staff, shall be conducted at time of admission and a printed copy of orientation information in English and Spanish shall be posted in a conspicuous place readily accessible to children.

Orientation Content

The orientation shall include:

A) Information pertaining to rising and retiring, meals, mail procedures, telephone privileges, visiting, correspondence, recreation, and medical care.

B) Rules of conduct.

C) Disciplinary procedures.

D) Information regarding programs.

E) Procedures for making requests or submitting complaints to staff members, judiciary or to Department of Juvenile Justice personnel.

F) Orientation presentations shall be in written form and read to the children. Non-English speaking children shall be given interpretive assistance.

History

Source: Amended at 12 Ill. Reg. 12405, effective October 1, 1988

20 Ill. Adm. Code 2603.60 Release Procedures

a) Introduction

The legal authority for release is the court.
The release of youth should be an orderly process. Shelter care staff must be familiar with documentation required before a child is permitted to leave a shelter care facility, whether for a temporary period or final release.

b) Minimum Standards

Identification

Positive identification shall be made by a staff member before transfer or release of a child.

A) When a child is transferred or released to the custody of another person, a record shall be made of the date, time, and authority.

B) The parents/guardian shall be notified of the time of release, when applicable.

Physical Inspection

Prior to final release, each child shall receive a physical inspection by a person of the same sex.

Personal Property

All personal property and funds placed in the safekeeping of the facility, other than those legally confiscated, shall be returned to the child.

A) Items shall be carefully inventoried, or otherwise accounted for, with the releasing staff member and the child signing the form.

B) A copy of the itemized and signed receipt shall be maintained by the shelter care facility as a permanent record.

C) The staff member releasing a child must assure that the child does not take property belonging to another.

Child Alleging Family Abuse

When a child refuses to return home due to alleged parental or guardian abuse or neglect, the superintendent or his designee shall report such facts to the court. Suspected abuse shall also be reported to the Illinois Department of Children and Family Services. The superintendent shall file a written report of such allegations with the court and place a copy in the child's case folder.

History

Source: Amended at 12 Ill. Reg. 12405, effective October 1, 1988

20 Ill. Adm. Code 2603.70 Separation of Youth

a) Introduction

Separation procedures should be monitored periodically to ensure adherence.

b) Minimum Standards

Separation by Sex

Female children shall be sheltered separate from physical and visual contact with male children during periods of sleeping, toileting, and bathing. Otherwise, coeducational activities are encouraged.

Separation by Category

A) Suicide Risk. When it is determined a youth is a suicide risk or demonstrates other serious mental distress, the child shall be immediately referred to professional clinical services, e.g., psychiatrist or psychologist.

B) Drug Abusers. Alcohol, narcotic or other drug abusers undergoing withdrawal shall be placed in a hospital where they can be constantly supervised by trained medical personnel and shall remain under supervision during that period.

C) Separation by Age. Children nine to 13 years of age shall be provided sleeping accommodations separate from the 13 to 18 year olds.

History

Source: Amended at 12 Ill. Reg. 12405, effective October 1, 1988

20 Ill. Adm. Code 2603.80 Housing

a) Introduction

When shelter care admission procedures are completed, children must be assigned appropriate quarters. Every child has a right to live in a homelike atmosphere where individual needs can be met.

b) Minimum Standards

Sleeping Rooms

A maximum of four children shall be assigned to any multiple occupancy sleeping room.

A) A minimum of 60 square feet of floor space per bed shall be provided in multiple occupancy rooms. Beds shall be at least three feet apart.

B) Bunk-type beds are prohibited.

C) Single occupancy rooms must have at least 60 square feet of floor space.

Room Equipment

Children housed in individual or multiple occupancy rooms shall be provided with:

A) A comfortable bed. Each child shall sleep one to a bed.

B) A closet for storage of clothing and personal items.

C) A desk or locker capable of being locked in order to secure personal items. If an item of furniture is provided which can be locked, a table may be substituted for a desk.

D) A lamp and chair.

E) Illumination to ensure a comfortable reading level (30 foot-candles at desk level).

F) A night light.

G) A shelf for storage of toiletry items or other articles.

H) A rack or hook to hang towels/washcloths.

Room Level

Rooms shall be located above ground level.

Living Area

A living area containing no less than 30 square feet per child must be provided for each age group.

A) Each living area shall be equipped with tables and chairs. Seating shall be provided for each child.

B) A radio and television shall be provided.

C) A bulletin board shall be provided.

D) A cold water drinking fountain shall be provided.

E) One toilet for each six occupants shall be provided.

F) One shower head or tub for each six occupants shall be provided. Water for showers shall be thermostatically regulated.

G) One washbasin with piped hot and cold water for each six occupants shall be provided.

H) Each washbasin shall be provided with a mirror.

Dangerous Conditions

Any condition constituting potential for injury must be corrected, e.g., frayed electrical cords must be replaced.

Door Hardware

Doors on sleeping rooms, wash rooms, and toilet rooms shall not be equipped with a lock.

Toilet Stalls

Toilet stalls shall be provided with privacy panels and doors.

Heating and Ventilation

The building must be comfortably heated and cooled according to the season.

Variances

Variances connected with physical requirements may be granted by the Director of the Department for existing facilities. 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.

A) The variance request must be in writing 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 children. All these criteria will be considered in arriving at a decision.

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

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

D) A permanent variance, depending on the circumstances, may be granted.

Compliance

A) All requirements of a physical nature shall be complied with by January 1, 1986 for facilities existing in 1980.

B) Facilities constructed after 1980 and those currently under construction must comply. 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.

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

History

Source: Amended at 12 Ill. Reg. 12405, effective October 1, 1988

20 Ill. Adm. Code 2603.90 Medical and Health Care

a) Introduction

Health services should reflect the desire of the community to provide health care equivalent to that accorded its citizens. The facility should ensure that a comprehensive program of medical and health care appropriate for children is planned and implemented.

b) Minimum Standards

Medical and Health Services

All facilities shall provide a competent medical authority to ensure the following medical services are available:

A) Diagnosis of complaints.

B) Treatment of ailments.

C) Prescription of medications and special diets.

D) Arrangements for hospitalization.

E) Liaison with community medical facilities and resources.

F) Environmental health inspections and procedures.

G) Supervision of special treatment programs, as for alcohol and other drug dependent children.

H) Administration of medications.

I) Maintenance of accurate medical records.

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

Physician and Dental Services

A medical doctor shall be available to attend the medical needs of the children. Arrangements shall be made for a dentist to provide dental care.

A) General medical physician services shall be provided by one or more of the following procedures:

i) On salary, in accordance with locally established personnel pay plan.

ii) A contract with a local private physician, clinic, county physician or county health department for full time coverage at specific hours and for emergencies.

iii) A contract with a local physician to conduct sick call, be on call for emergencies, and to examine newly admitted youth.

iv) Arrangements with a nearby hospital to provide all needed medical services.

B) Access to psychiatric and/or psychological services must be provided in individual cases as needed.

Medical Examination Room

A room shall be provided for medical examinations and shall be located close to the area used for processing new admissions.

Medical Examination

All children admitted to shelter care shall undergo a medical screening as prescribed in Section 2603.50(b)(8).

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

B) All children admitted to shelter care shall be given a medical examination by a physician or his/her designated qualified medical person within 14 days after admission, unless there is documentation the youth has had an examination within six months prior to admission.

Sick Call

Procedures shall be established for daily sick call.

A) The names of children reporting to sick call shall be recorded in the medical log.

B) Children with emergency complaints shall receive attention as quickly as possible regardless of the sick call schedule.

C) Non-medical shelter care staff may issue any form of over-the-counter medication, providing the facility physician gives prior written approval to the facility for such issue.

Written Record or Log

A written record, in ink, shall be maintained, as part of the child's personal file, of all treatment and medication prescribed, including the date and hour such treatment and medication is administered.

A) A written record shall be maintained of over-the-counter medication, e.g., aspirin, cough medicine, etc., issued by shelter care staff.

B) A written record shall be kept of all special diets.

C) A child's treatment and medication program shall be a part of the summary to the assigned social worker.

Medical Security

Security of medical supplies must be maintained at all times.

A) Prescribed medication, including over-the-counter medication and other abusable medical supplies, shall be secured and accessible only to designated staff.

B) Children 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 shelter care staff member.

C) A perpetual inventory of all prescribed drugs, including over-the-counter medication, and other abusable medical supplies shall be maintained.

D) Shelter care facilities shall not stock prescription drugs.

First Aid Training

One person on duty per shift shall have completed a basic course of first aid training and cardiopulmonary resuscitation training (CPR).

First Aid Supplies

Each facility shall maintain a stock of first aid supplies for the treatment of cuts, bruises, sprains, and other minor injuries. First aid supplies and all medication must be stored in a locked cabinet not accessible to children.

Notification of Illness

Illness and treatment shall be reported to parents or guardians. Parents or guardian, the assigned social worker, and the court shall be immediately notified of a child's serious illness or injury.

Medical or Pharmaceutical Experimentation

Medical or pharmaceutical experimentation of any type is prohibited.

History

Source: Amended at 12 Ill. Reg. 12405, effective October 1, 1988

20 Ill. Adm. Code 2603.100 Clothing, Personal Hygiene, Grooming

a) Introduction

Good personal grooming habits should be considered part of the shelter care program in an effort to enhance morale, self-respect, and health.

b) Minimum Standards

Cleanliness

Mechanical washing and drying equipment and cleaning agents must be provided for children's clothing. Cleaning of children's clothing may be contracted.

A) A staff member shall supervise and instruct children in the operation of machines and proper use of cleaning aids during the clothes washing process.

B) Outer clothing shall be changed at least three times weekly.

C) Underclothing and socks shall be changed daily.

Grooming and Personal Hygiene

A) Children without funds shall be provided necessary equipment and articles to maintain proper grooming and personal hygiene.

B) Bathing or showering shall be required at least three times weekly, except as amended by medical advice in individual cases. Every child shall have the opportunity to bathe or shower daily.

C) Children shall not be required to shave.

i) Shaving equipment shall be made available.

ii) Females shall be provided with shaving supplies appropriate for personal hygiene needs.

D) Barber and beautician services shall be made accessible. Hair shall be kept neat and clean.

i) There shall be no standard hair length or style required.

ii) Sideburns, mustaches, and beards are acceptable.

E) Female children shall be provided articles for feminine hygiene.

F) When a child abuses the requirement of neat and clean grooming, the superintendent may designate grooming standards to be maintained by the child.

20 Ill. Adm. Code 2603.110 Food Service

a) Introduction

Growing children need three full meals per day, served at reasonable intervals, and adequate in quantity and nutritional value. Careful planning of menus and competent supervision in food preparation are required.

b) Minimum Standards

Meal and Food Service

Shelter care facilities shall provide meals and food service that conform to the following:

A) Food must be of sufficient nutritional value and provide a daily minimum of 2,500-3,000 calories. Food shall not be used as a reward or withheld as a disciplinary measure.

B) Food quantity must be sufficient to satisfy, within reason, a child's needs.

C) Meals shall be provided at reasonable and proper intervals, i.e., adhering to recognized breakfast, lunch, and dinner schedules.

D) Three complete and balanced meals shall be served each child for each 24 hours of shelter care.

E) A beverage, in addition to water, shall be available with each meal and milk shall be available for at least two meals during each 24 hours of shelter care.

F) Special diets shall be adhered to when prescribed by a physician. The original diet order shall be filed in the child's case folder and a copy shall be sent to dietary personnel.

G) Menu items shall be substituted when a child's religious beliefs prohibit the eating of particular foods.

H) Nutritional planning shall take into consideration the dietary needs of youth who are hyperactive.

Method of Providing Food Service

The superintendent may elect to provide meals and food service by one or more of the following methods:

A) Food preparation and service in an on-site kitchen with sufficient food service employees.

B) Contract for catered food service (either private firm or local governmental activity).

C) Food preparation establishments and services must meet the conditions and requirements, including license, established by the Illinois Department of Public Health.

Menus

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

A) A record of catered meals served shall be maintained for three months.

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

Portion or Serving

A portion or serving shall be defined as a quantity which looks good on the plate and is satisfying to the majority.

On-Site Food Preparation and Service

A) Food service employees must be qualified in training and supervising children assigned to food service.

i) Children assigned to food service must undergo a physical examination and be certified free of communicable diseases.

ii) Personal appearance of food service workers, employees or children, must be inspected regularly.

iii) Children working in food service shall be required to bathe daily and be provided with clean clothing daily.

B) A heated or insulated cart capable of transporting containers of food, drink, and eating utensils shall be utilized when the serving or dining area is a significant distance from the kitchen and food temperature would not otherwise be maintained.

C) Meals shall be attractively served and conducted in a group setting.

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

E) China, plastic dinnerware or divided/compartmented trays shall be used for full meal service. Dishes and eating utensils shall be removed from the dining room soon after the meal is finished and returned to the kitchen for proper washing and sterilizing or disposal, as appropriate.

F) Ranges, stoves, and ovens shall be equipped with an accurate thermostat or temperature gauge.

G) A mechanical dishwasher which meets Illinois Department of Public Health standards is preferred, but in its absence:

i) A three-compartment stainless steel sink with drainboard is required: one compartment for washing, with 110 degrees Fahrenheit water containing adequate soap or detergent; one compartment for rinsing; and one compartment for sterilization, with the water temperature no less than 170 degrees Fahrenheit or sterilization using a sanitizing agent.

ii) Dishes, trays, and eating utensils shall be drain dried and not wiped dry.

H) 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.

I) Fresh fruits, vegetables, dairy products, meats, and frozen foods shall be refrigerated in accordance with Illinois Department of Public Health standards.

i) All refrigerators and freezers shall be equipped with an accurate thermometer.

ii) Frozen food shall be kept at or below zero degrees Fahrenheit.

iii) All perishable foods shall be stored at such temperature as will protect against spoilage (no higher than 45 degrees Fahrenheit).

Staff Meals

Staff members shall be served meals no different in quality or menu than that served to children. At least one staff member shall be assigned to supervise children while dining.

Fruit and Juices

Fruit juices and/or fresh fruit shall be provided daily.

Food Apportioning

Apportioning of food by children shall be supervised by staff members to ensure that favoritism or careless serving does not occur.

Storing of Food

Children shall not be allowed to store food in their rooms.

Evening Snack

A light snack shall be made available to youth prior to bedtime.

Toilet Facilities

Toilet and wash basin facilities shall be available to food service personnel in the vicinity of the food preparation area.

History

Source: Amended at 12 Ill. Reg. 12405, effective October 1, 1988

20 Ill. Adm. Code 2603.120 Sanitation

a) Introduction

Good sanitation practices must be a prime consideration. Children, in varying stages of adolescence, exhibit individual differences with respect to their personal habits. The facility must be maintained in a clean and orderly condition.

b) Minimum Standards

General Requirements

A cleaning schedule shall be established.

A) Floors shall be cleaned at least once daily.

B) Windows shall be clean.

C) Insect screens shall be installed in windows, when appropriate, for protection from flying insects. Exterior doors shall be equipped with a screen door.

D) Ventilation must be sufficient to admit fresh air and remove disagreeable odors.

E) Forced air or other form of artificial ventilation in the living area shall provide 10 cubic feet per minute of air exchange per person.

F) Walls shall be kept clear of graffiti.

G) Walkways and corridors shall be free of litter and trash.

H) Mops and other cleaning tools and implements shall be thoroughly cleaned and dried after each use and stored in a well ventilated place.

I) All cleaning details shall be under the supervision of a staff member.

Facility Equipment

Quarters equipment, e.g., toilets, washbasins, shower stalls, and sinks, shall be thoroughly cleaned each day. All trash and garbage containers shall be equipped with tightfitting covers. Trash and garbage shall be removed at least daily and disposed of in a sanitary manner.

Facility Supplies

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

A) Sheets, pillow cases, and mattress covers shall be changed and washed at least once a week.

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

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

D) Cotton or fiber-filled mattresses shall be spray sanitized monthly or before reissue.

E) A clean towel and washcloth shall be issued to each child at least three times weekly.

F) Shaving tools shall be returned to a staff member. The staff member must ensure they are clean. Shaving tools must be securely stored when not in use.

Facility Food Service

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

A) 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.

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

C) Plumbing facilities shall conform to the Illinois State Plumbing Code.

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

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

Body Pests

Frequent inspection of living areas shall be made to aid in control of body pests. Immediate extermination measures shall be taken when body pest infestation occurs, including spraying or fumigation of bedding, clothing, equipment, and all areas of the building supportive to existence and reproduction of the pests.

Pest and Vermin Control

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

Living Area

Furniture in living areas shall be wiped free of dust daily.

Refuse Receptacles

Refuse receptacles shall be located in living and sleeping areas and emptied daily.

History

Source: Amended at 12 Ill. Reg. 12405, effective October 1, 1988

20 Ill. Adm. Code 2603.130 Supervision

a) Introduction

The primary objective of any shelter care facility is to provide a safe and humane abode for children. Trained personnel must, at all times, ensure the well-being and safety of children placed under their care.

b) Minimum Standards

Shift Coverage

There must be sufficient staff members present in the shelter care facility, awake and alert at all times, to provide supervision while children are sheltered.

A) A shelter care facility shall not have fewer than two persons on duty and one on call. Two staff persons of the same sex as the children may be on duty and one of the opposite sex on call when only male or only female children are sheltered, e.g., when there are no female children sheltered, a female staff member must be on immediate call and when there are no male children sheltered, a male staff member must be on immediate call.

B) Staff members shall maintain a record, in ink, of visual contact with each child not less than once every 60 minutes. Entries shall show the time of each check by the staff member, signature, and any relevant remarks.

C) Staff shall keep a constant record of the whereabouts of all children, e.g., school, church, recreation.

Log Record

A shift log, in ink, shall be maintained as a record of incidents and activities, including supervisory checks (subsection (b)(1)(B)), occurring on the shift. A head count shall be made and recorded at least four times daily, including counts taken at change of shift and lights out time.

Supervision by Youth

No child shall be allowed to have authority or disciplinary control over another child.

Night Hours

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

History

Source: Amended at 12 Ill. Reg. 12405, effective October 1, 1988

20 Ill. Adm. Code 2603.140 Safety

a) Introduction

Several agencies or departments, local and state, are empowered to ensure compliance with safety standards which have been established by law.

b) Minimum Standards

Fire Protection

A) 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 space.

B) Extinguishers shall be readily accessible.

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

D) An automatic fire alarm system, including smoke detectors, shall be installed.

E) All staff members shall be familiar with the characteristics and operation of all types of extinguishers, fire hoses, etc., in the facility.

F) Emergency evacuation drills shall be conducted at least monthly and a record maintained.

G) The local fire department or nearest fire prevention authority shall be contacted regarding the location, type, and number of fire extinguishers, smoke detectors, and fire alarm system.

Emergency Exits

Emergency exit doors shall be clearly indicated with at least 4½ inch block lettering stating "Exit" in all capital letters, lighted at all times; and their location shall be known to all occupants.

A) There shall be two exits from each floor of the shelter care facility.

B) The emergency exit doors shall be arranged and maintained so they can be readily opened without the use of a key.

Combustible Materials

Combustible materials, such as drapes, curtains, and rugs shall be of flame-proof material. Paint shall be flame-retardant.

Maintenance

Any damaged or nonfunctioning equipment must be promptly repaired.

Stairways

Stairways must be provided with a hand rail.

Handicapped Children

Retarded and/or physically handicapped children must be sheltered on the ground floor.

Unsupervised Activity

Children shall be prohibited from engaging in any unsupervised activity that could cause injury.

Safety Orientation

Children who volunteer and are assigned to operate or use potentially dangerous tools or machinery or to participate in vocational type tasks shall be given a safety orientation prior to participation, and shall be supervised while performing the task.

Hazardous Substances

Floors and other walking surfaces shall be kept free of substances producing hazardous footing.

Firearms and Other Weapons

No person, including law enforcement personnel, shall be permitted to enter any living or sleeping section of the shelter care facility with a gun or other weapon on his person. Weapons shall be stored in a secure and locked drawer, cabinet or container immediately upon entry to the facility.

Emergency Lighting

An emergency lighting source shall be available in the event of a primary power failure.

Showers

Shower floors and tubs shall have safety strips or other non-skid devices applied to prevent slipping.

Poisonous Compounds

All poisonous compounds shall be kept in a locked steel cabinet. Such substances shall not be stored in the kitchen or food storage areas.

State of Illinois Regulations

In addition to these standards, the adherence to the rules and regulations of the Division of Fire Prevention, State of Illinois, is required. Fire evacuation plans will be posted in areas frequented by youths.

History

Source: Amended at 12 Ill. Reg. 12405, effective October 1, 1988

20 Ill. Adm. Code 2603.150 Discipline

a) Introduction

Discipline should be administered in such a way as to help the individual child develop his own self-controls and to assume responsibility for his own acts.
The institution should establish simple and understandable house rules, for both children and staff, that set the limits of behavior required for the protection of the group and individuals within the group.

b) Minimum Standards

Written Rules

As part of the admission procedure, every child shall be provided with:

A) Rules and regulations governing behavior.

B) Description of conduct constituting a penalty offense or award.

C) Types of penalties, including duration, which may be imposed and system of awards.

D) Authority authorized to impose penalties or approve awards.

E) Authorized methods of seeking information and making complaints.

F) All other matters necessary to enable children to understand both their rights and obligations.

Written Rules, Illiterate Children

If a child is illiterate, information shall be conveyed orally. Special assistance shall be given to non-English speaking youth in their own language.

Complaints

Each child shall be permitted to make requests or complaints to the shelter care administration, the judge or other court employees without censorship as to substance.

Reporting of Violations

Shelter care staff members, who observe disciplinary violations, shall submit a written report of the incident.

A) A copy of the incident report and investigation report will be filed in the individual case folder.

B) Written reports of serious violations of rules, e.g., assaults on staff or other children, assault by staff on youth, and incidents involving use of force by staff members on children, shall be forwarded to the court.

Restricted Diets

Non-medical restricted diets are prohibited. Food shall never be withheld as a disciplinary measure.

Group Discipline

Group discipline for the misbehavior of one or more children is prohibited. Discipline must be meted out on an individual basis. Confinement of a child in a locked room is prohibited.

Corporal Punishment

Corporal punishment is defined as any deliberate action, planned or spontaneous, designed to purposely humiliate, demean, defile, harm, embarrass, psychologically intimidate, or results in physical pain or discomfort to a youth. Corporal punishment is prohibited.

Use of Force by a Staff Member

Use of force is prohibited. This prohibition in no way prohibits self defense or prevention of injury to another staff member or a child. When the use of force is warranted, it shall not exceed the physical holding of the minor.

A) When a staff member uses force against a child, a complete written report of the incident must be made by the staff member and a copy of the report shall be forwarded to the court.

B) The report shall be placed in the minor's file and the minor's attorney and parents/guardian shall be notified within 24 hours.

Use of Restraint Devices

Restraint devices shall not be applied as a penalty.

A) Restraint devices shall not be used except on order of the superintendent to prevent youth from inflicting injury to themselves or others. In these instances, restraints shall be used only on a temporary basis, not to exceed two hours, until the youth can be examined by a medical doctor or transported to a licensed medical facility or to professional clinical services.

B) When restraint devices are used, a full written report of the incident shall be made, a copy of the report shall be forwarded to the court, and one copy shall be placed in the child's file.

C) Chains or irons shall not be used as restraints.

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

Major Law Violations

Acts covered by statutory law committed by children in custody shall be reported to law enforcement authorities.

History

Source: Amended at 12 Ill. Reg. 12405, effective October 1, 1988

20 Ill. Adm. Code 2603.160 Employment of Children

a) Introduction

Active and inquisitive children need to have their time occupied. Idleness contributes to disciplinary problems and to the deterioration of programs. Children need training in establishing good work habits.

b) Minimum Standards

Work Assignments

Children shall be required to perform general housekeeping tasks and yard work that is considered normal in a family setting.

A) Work assignments shall not be used as a form of discipline.

B) Assignments shall be made according to the ages and abilities of children.

C) Assignments shall not interfere with regular school programs, study periods, recreation or sleep.

Substitute For Staff

No child shall perform work assignments as a substitute for a staff member task.

Employment

Youth may be allowed to take employment outside of the shelter care facility. Adherence to the State of Illinois child labor statutes and regulations is required.

History

Source: Amended at 12 Ill. Reg. 12405, effective October 1, 1988

20 Ill. Adm. Code 2603.170 Mail Procedures

a) Introduction

Frequent communication with family, relatives, friends, and others concerned with the child shall be encouraged. It is essential to morale, maintenance of family ties, legal rights, and an eventual healthy reentry into the community.

b) Minimum Standards

Scope

A child shall be allowed to correspond with anyone.

Incoming Mail

Children shall be permitted to receive an unlimited number of letters.

A) Incoming mail shall not be read, censored or reproduced, but shall be opened and examined for contraband in the presence of the addressee. Packages shall also be examined for contraband in the presence of the addressee.

B) Cashier checks, money orders, certified checks or cash shall be recorded in the child's personal property record or trust fund account indicating the sender, the amount, and the date received. Such funds will be given to the child unless he/she wants the funds placed in safekeeping.

C) Incoming letters or packages containing prohibited items i.e., controlled substances, firearms or items easily converted for use as a weapon, shall be held for further inspection and disposition by the superintendent.

i) Prohibited items received shall be handled with care and labeled with the date of receipt, the name and address of the sender, the name of the addressee, and the date and names of persons handling same.

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

D) All mail shall be distributed to children on the day it is received. A released child's mail shall be forwarded unopened. If no forwarding address is available, mail shall be returned, unopened, to the sender.

E) A child shall not be allowed to open, read or deliver another youth's mail.

Outgoing Mail

Each child shall be permitted to send, at personal expense, an unlimited number of letters and packages.

A) Postage shall be provided to indigent children for at least three letters per week.

B) Postage supplied to children shall not be transferable.

C) Appropriate stationery, envelopes, and a writing implement shall be supplied, but children may use such items as they themselves provide.

D) A program permitting children to send special messages or greeting cards for anniversaries and birthdays or during special holidays such as Christmas, Easter, and Mother's Day shall be designed and implemented. Greeting cards and postage shall be provided indigent children on request.

E) Children shall submit outgoing mail in sealed envelopes.

F) Outgoing mail shall not be opened.

Certified or Registered Mail

Each shelter care facility shall establish procedures for processing certified or registered mail.

Privileged Mail, Incoming

A) Incoming privileged mail may be opened only for the purpose of verifying the addressee and the addressor and to ascertain that prohibited items are not enclosed. Mail opening must be in the presence of the youth.

B) Privileged mail is mail received from any of the following:

i) Elected or appointed federal or state officials including any U.S. Senator or Representative; any federal judge or the clerk of any federal court; the Attorney General of the United States; the Director of the Federal Bureau of Prisons; the Governor of the State of Illinois; any Illinois Circuit, Appellate or Supreme Court judge; the Illinois Attorney General; and any member of the Illinois General Assembly.

ii) The Director of the Department and the Chief of the Office of Detention and Audit Services.

iii) Any attorney licensed to practice law.

iv) Legal aid organizations and any other organization whose official declared purpose is to provide legal services for youth.

v) Members of the news media.

Disciplinary Denial

Children shall not be denied mail rights for disciplinary purposes.

Release

On release, a child shall be permitted to take all personal mail.

History

Source: Amended at 12 Ill. Reg. 12405, effective October 1, 1988

20 Ill. Adm. Code 2603.180 Telephone

a) Introduction

Use of the telephone to talk with family members, friends, and concerned persons aids the child in maintaining a personal touch with family functions and tends to reinforce family ties.

b) Minimum Standards

Telephone Communication

Each child shall be given an opportunity to make a reasonable number of telephone calls upon admittance.

Telephone Program

A scheduled program to permit each child to place at least one call daily to parents, guardians or friends shall be established. Calls to an attorney, probation officer or social worker shall not count against allotted calls, but they must be at reasonable hours. The shelter care facility is not required to provide funds for toll calls.

A) At least 15 minutes shall be allotted for each personal phone call.

B) Telephone calls shall not be monitored or otherwise listened to by staff members in any manner; however, verification of the party called may be required.

Incoming Telephone Calls

Children shall be allowed to receive telephone calls daily from parents or guardians, clergy, and friends, provided they are at reasonable hours. Attorney, probation officer, and social worker calls shall not be limited in number. At least 15 minutes shall be allowed for each incoming personal call.

Violation of Telephone Rules

Violation of shelter care rules governing the telephone program may result in suspension of telephone usage for personal calls for a designated period of time for the individual; however, telephone calls to an attorney or court personnel shall never be denied.

History

Source: Amended at 12 Ill. Reg. 12405, effective October 1, 1988

20 Ill. Adm. Code 2603.190 Visiting

a) Introduction

Frequent visits provide a direct and valuable link of communication between the child, his family, friends, and concerned persons. The assurance of family ties is reinforced and relieves the feeling of insecurity.

b) Minimum Standards

Visit Regulations

The superintendent shall establish written procedures for visits.

A) A liberal schedule shall be established permitting visits at least nightly between the end of the evening meal and bedtime, and all day on Saturday, Sunday, and holidays.

B) No restriction shall be placed on visits by attorneys, clergy, social workers or other persons professionally associated with a child's case at reasonable, nonscheduled hours.

C) Children shall be permitted at least one hour for each visit.

Interviews

An area for private interviews between the child and attorney, religious advisor or other professional person shall be provided and arranged so as to ensure privacy.

Visit Denial

Persons under the influence of alcoholic beverages or drugs shall be denied visits with children.

History

Source: Amended at 12 Ill. Reg. 12405, effective October 1, 1988

20 Ill. Adm. Code 2603.200 Social Service Programs

a) Introduction

Many social and welfare agencies, service clubs, citizen interest groups, self-help groups, and individual citizen volunteers have the potential to assist youth and should be invited to participate in facility programs. These various resources, which may be public or private, national or local, can provide assistance ranging from providing materials and financial assistance to guidance, counseling, and supportive services in the wide array of youth interests.

b) Minimum Standards

Counseling

Psychiatric, social services, and counseling services shall be provided, as needed, in individual cases.

Use of Volunteers

Volunteer workers and social workers offering needed services shall be invited to participate in shelter care programs.

A) The selection of volunteers must be accomplished with the same degree of care that is used in choosing staff members. (See Section 2603.30(b)(2).)

B) Prior to providing services, all non-staff volunteers shall be given an orientation governing the policies and procedures of the shelter care facility.

20 Ill. Adm. Code 2603.210 Education

a) Introduction

Education is a basic need and an inherent right of every child. Handicapped children must be afforded the same quality of education as other children.
A program of instruction, based on a sound philosophy of education, is essential to furnish structure to an important element of a youth's day through the use of guided activity with academic and/or vocational value.

b) Minimum Standards

Education

A regular schedule of academic instruction and related educational services appropriate to the needs of each individual shall be made available for children who have not attained the age of 16 years and made accessible to youth 16 years of age and over who wish to participate.

A) A child's community school shall be immediately notified of his/her shelter care status.

B) During the first three days of placement, children shall be offered education materials based on discussion with the child's community school personnel.

C) After three days in placement, or before if it appears the child will remain longer than three days, the shelter care facility shall arrange for children to attend a community based school or provide an on-site school program.

D) Community based school:

i) Every effort shall be made to arrange for youth to attend their home school.

ii) The facility shall arrange for transportation to and from a community school.

iii) The facility shall maintain contact at least weekly with school personnel to review each child's school progress and program.

iv) The facility shall provide tutorial assistance when required and assistance with homework.

E) On-site school:

i) Teacher personnel shall be qualified by training and certified by the State of Illinois.

ii) The curriculum must provide for instruction in the basic subjects.

iii) Equipment and supplies shall be of similar quantity and quality as provided in public schools.

iv) Classrooms shall provide not less than 20 square feet of floor space per student.

v) Class size shall not exceed 15 students per teacher.

Physically/Mentally Handicapped

Physically handicapped and/or retarded children must receive academic instruction appropriate to their needs.

School Exempt Children

Constructive activities for school exempt children shall be provided.

Library Services

Library services shall be available to all children.

20 Ill. Adm. Code 2603.220 Religious Services

Minimum Standards

a) Religious Services

Children shall be afforded an opportunity to participate in religious services of their faith in their community church and receive religious counseling.

Children shall be permitted to participate in church services as individuals rather than as a regimented group.
The facility shall arrange for transportation to and from church, where required.

b) Compulsory Participation

Children shall not be required to attend, participate in or be exposed to religious services or discussions.

20 Ill. Adm. Code 2603.230 Recreation and Leisure Time

a) Introduction

Recreation activities play a major role in the development of children. Recreation should enhance sportsmanship, coordination, and peer acceptance.
Recreation should be heavily programmed for after school hours, weekends, and holidays.

b) Minimum Standards

Recreation

Vigorous physical activities, indoor and out, shall be a part of the daily schedule. Passive indoor activities, in addition to television viewing and radio listening, shall be included. The indoor and outdoor recreational program shall include the use of recreational resources available in the community.

Exercise Area

An exercise room and a yard of sufficient area to allow strenuous physical exercises must be accessible.

Written Policy

There shall be a written policy covering day-to-day exercise activities and schedules.

20 Ill. Adm. Code 2603.240 New Design and Construction

a) Introduction

Planning of a new shelter care facility is a highly ordered process. Since the facility will remain to serve the community for many years, it is vitally important that planning be thorough.
The Department will assist architects in planning such facilities through consultation and the review of preliminary and final drawings submitted to the Department for examination.

b) Minimum Standards

Departmental Approval

The Department must review all remodeling and construction plans of shelter care facilities.

A) The architect's preliminary drawings must be reviewed by the Department.

B) A complete set of final plans and specifications shall be submitted to include:

i) Architectural design.

ii) Heating and ventilating system.

iii) Plumbing specifications.

iv) Electrical specifications.

v) Specifications for construction materials.

vi) Equipment.

vii) Furnishings.

C) Change orders in construction, subsequent to final plan approval, must be submitted to the Department.

D) All minimum standards for existing facilities shall apply.

Compliance with Local and State Laws

The Department will withhold approval of a site or building design not complying with the requirements of or having the approval of local zoning boards, county or municipal governing bodies or commissions or other responsible agencies. Plans showing the proposed building location must be submitted to the Illinois Department of Natural Resources to determine compliance with the Regulation of Construction within Flood Plains (17 Ill. Adm. Code 3706) and Construction Activities in Special Flood Hazard Areas (Executive Order 79-4, effective June 1, 1979).

Location

The site shall be located so as to be reasonably accessible to available public transportation, schools, churches, and health services.

Rated Capacity

The rated bed capacity of each shelter care facility shall be established prior to construction and shall not exceed 20 children.

Consultation With Architect

The architect shall be immediately informed of available Department consultation services.

Lighting

Fixtures must provide 30 foot-candles of illumination for reading area and 20 foot-candles elsewhere. Building design shall provide for maximum natural light.

Equipment

Residential-type equipment shall be provided in shelter care facilities. Sleeping room doors shall have a ventilation feature, unless air conditioning is provided.

Corridors

All corridors and passageways to be used as a means of exit shall be at least four feet wide.

A) Corridors and passageways shall be properly lighted at night.

B) Individual rooms shall be on each side of the corridor in a staggered fashion. Doors shall swing open into the corridor.

C) The corridor shall provide direct entrance into the living area from the sleeping area.

Admission Area

The admission area shall be accessible by separate entrance for youth being admitted and shall be:

A) Adjacent to the shelter care area.

B) Equipped with toilet, washbasin, and shower facilities.

C) Provided with a medical examination room adjacent to the admission area.

Storage

Adequate storage area shall be provided in the admission and living unit areas. Storage rooms, especially janitor closets, will be ventilated.

Administration Area

The administration area shall provide adequate office space for private consultation. A staff wash room shall be provided.

Separation of Shelter Care and Detention

A single structure housing youth placed either in shelter care or detention must, by physical arrangement, clearly separate the two in accordance with their basic physical features, programs, and functions; however, a common kitchen may be used for meal preparation.

History

Source: Amended at 12 Ill. Reg. 12405, effective October 1, 1988

Chapter X Concealed Carry Licensing Review Board

Part 2900 Concealed Carry Licensing Review

20 Ill. Adm. Code 2900.100 Definitions

The following definitions apply to this Subpart.

"Act" means the Firearms Concealed Carry Act [430 ILCS 66].

"CCLRB" or "Concealed Carry Licensing Review Board" means the Board created under Section 20 of the Act to review objections filed by the Department or another law enforcement agency to the licensure of an FCCL applicant and to make a determination of whether licensure of that applicant would pose a danger to the applicant or others, or constitute a threat to the public safety. The Board is comprised of 7 members appointed by the Governor.

"CCLRB Staff" means personnel of the Department assigned to provide staff support to the CCLRB.

"Chairperson" means the person assigned by the Governor to serve as the Chairperson of the Board and any Acting Chairperson appointed by the Chairperson, or, if the Chairperson is unable to select this substitute, by the majority vote of the remaining commissioners, to serve in the absence of the Chairperson for individual periods of up to 30 days.

"Commissioner" means any person appointed by the Governor to serve as a member of the CCLRB.

"Department" means the Illinois Department of State Police.

"Executive Director" means the individual appointed to supervise the CCLRB staff.

"License" means Firearms Concealed Carry License issued pursuant to the Act.

20 Ill. Adm. Code 2900.110 Meetings of the Cclrb

a) Meetings shall be called at the request of the Chairperson, as often as reasonably necessary to satisfy the CCLRB's obligations under the Act. Whenever practicable, the Chairperson shall give commissioners a minimum of 5 calendar days' advance notice prior to the date of a meeting.

b) The Chairperson shall preside over all meetings.

c) A quorum of the CCLRB shall be 4 members. If a quorum is in in attendance at a meeting, other Commissioners may attend telephonically or electronically (including via video conference).

d) An electronic database shall be maintained for the purpose of providing Commissioners with information on objections they are reviewing and through which Commissioners can cast votes on issues placed before them.

Votes shall be cast by the Commissioners during a meeting, within the time period the Chairman declares open for the purpose of voting on a particular issue.
In the event of a tie vote brought about due to absence or abstention of a Commissioner, the CCLRB will request of the applicant, pursuant to Section 20(f) of the Act, another 30 days to consider the objection, and may also request any additional information necessary to resolve the tie vote.

e) Section 20(e) of the Act says that the Board may only consider information submitted by the Department, a law enforcement agency or the applicant. Other individuals shall not attempt to provide information concerning an applicant to the CCLRB. If any commissioner receives any information regarding an applicant from a source other than the Department, that information shall be promptly forwarded to the Chairperson and shall not be considered.

20 Ill. Adm. Code 2900.120 Conflicts of Interest

a) No commissioner, including the Chairperson, shall participate in any CCLRB business, including, but not limited to, voting, when that commissioner has a conflict of interest.

b) For the purposes of this Section, whether a commissioner has a conflict of interest shall be determined by the following guidelines:

A commissioner has a conflict of interest in a matter if the commissioner's interest, through business, investment, personal relationship or family, reasonably creates the appearance of impropriety in the performance of his or her duties on the CCLRB.
Examples of conflicts of interest include, but are not limited to, the following:

A) using public office for direct or indirect private gain;

B) giving preferential treatment to any organization or person;

C) losing independence or impartiality of action;

D) making a government decision outside official channels; or

E) otherwise adversely affecting the confidence of the public in the integrity of the CCLRB.

c) Disclosure

Prior to the CCLRB taking any action on a matter in which a commissioner has or may have a conflict of interest, the interested commissioner shall disclose that interest to the other commissioners.

d) Determination of Conflict of Interest

A commissioner may use any of the following procedures to determine whether his or her own interest or the interest of another commissioner constitutes a conflict of interest:

The commissioner may request the advice of the CCLRB's Executive Director, who shall promptly render a recommendation to the CCLRB; or
The commissioner may ask the CCLRB to determine whether the interest constitutes a conflict of interest.

A) The CCLRB shall ask the commissioner with the potential conflict of interest to leave the meeting during any discussion or deliberation regarding whether a conflict of interest exists.

B) A majority of the non-interested commissioners present at a meeting at which a quorum is present shall determine whether a conflict of interest exists.

C) The interested commissioner shall be counted for purposes of determining whether a quorum is present, but shall not participate in the deliberations or vote regarding whether a conflict of interest exists.

e) Prior to any determination of a conflict of interest and, even if, after a determination, a conflict of interest is found not to exist, the reporting commissioner may indicate his or her decision to abstain from any CCLRB action regarding the matter as to which the potential conflict of interest exists and, when appropriate, to absent himself or herself from any CCLRB discussion and determination of the pending matter.

f) Procedure When a Conflict of Interest is Determined

Upon the CCLRB's determination that a conflict of interest exists, the commissioner with the conflict of interest shall not participate in the CCLRB's discussion and determination of the matter. In addition, when appropriate, the commissioner with the conflict of interest shall absent himself or herself from any deliberations and determinations.

20 Ill. Adm. Code 2900.130 Department Liaison to Cclrb

a) Pursuant to Section 20 of the Act, the CCLRB, independently from the Department, shall serve to review objections by law enforcement agencies. The Department shall not in any way influence the vote of the CCLRB.

b) The Department shall designate an employee to provide logistical and administrative assistance only regarding the electronic computer database established for recording votes regarding objections, as may be required or requested by the Executive Director.

20 Ill. Adm. Code 2900.140 Consideration of Objections

a) The CCLRB will review all objections presented by local law enforcement agencies or the Department. In its review of objections, the CCLRB shall consider only the following information:

any material properly submitted by the objecting local law enforcement agency or the Department pursuant to Section 15 of the Act;
any material properly submitted by the applicant; and
any additional information requested by the CCLRB pursuant to subsection (b).

b) The CCLRB may request additional information from the objecting law enforcement agency, the Department or the applicant.

If the applicant has not previously submitted electronic fingerprints to the Department and there is a question of whether the objection pertains to the applicant that the submission of electronic fingerprints may resolve, the applicant shall be required to submit those fingerprints within 30 days after receipt of a notice from the CCLRB that the fingerprints will be required.
If the applicant or law enforcement does not provide the fingerprints or other information requested by the CCLRB within the timeframe allotted by statute, the CCLRB will enter a final disposition based solely on consideration of the information already properly submitted.

c) The CCLRB, by a vote of at least 4 commissioners, may request testimony at a hearing from a representative of the objecting law enforcement agency, from a representative of the Department, or from the applicant or the applicant's counsel; however, hearings shall be limited to circumstances that cannot be resolved to the CCLRB's satisfaction through written communication with the parties.

d) If the CCLRB votes to hold a hearing on the objection, the CCLRB shall notify the applicant and the objecting party in writing of the need for, as well as the date, time and location of, the hearing.

e) CCLRB will review an objection to determine whether the objection appears sustainable on its face or in light of any information the CCLRB has obtained pursuant to subsection (b) or (c). Within 10 calendar days after determining that an objection appears sustainable, the CCLRB shall send the applicant notice of the objection, including the basis of the objection and the agency submitting the objection. This determination of a sustainable objection is not a final administrative decision of the Board and shall not be reported as such to the Department.

The applicant shall have 15 days after receipt of the notice to submit any additional material in response to the objection that the applicant wants the CCLRB to consider.
The CCLRB will consider any additional information received during the 15 day period. Once the 15 day period has elapsed, the CCLRB will not consider any additional information received.
Unless it is determined that a hearing is necessary pursuant to subsection (c), the objection shall be considered, along with any additional information received, at the next meeting held at the call of the Chairperson. If a hearing is held, then the objection shall be considered following the hearing.

20 Ill. Adm. Code 2900.150 Hearings of the Cclrb

a) Hearings of the CCLRB may be conducted when a quorum of the commissioners is present in person, by video, telephonically or by other electronic means. The hearing shall be recorded.

b) The CCLRB shall determine the date, time and location of any hearing. The CCLRB shall make reasonable efforts to hold the hearing at a date, time and location convenient to all parties.

c) The Chairperson shall preside over the hearing.

d) Any testimony requested by the CCLRB shall be under oath or affirmation.

e) Applicants and law enforcement agencies requested to participate in hearings of the CCLRB may be represented by counsel and present evidence relating to the local law enforcement or Department objection. Hearings shall be closed to the public.

f) The procedures for admissibility of evidence shall be as described in Section10-40 of the Illinois Administrative Procedure Act [5 ILCS 100/10-40] and as ordered by the Chairperson.

g) Deliberations of the CCLRB, upon conclusion of a hearing held pursuant to this Section, shall be held in executive session without the applicant or other participants in the hearing present and shall not be subject to either the Open Meetings Act [5 ILCS 120] or the Freedom of Information Act [5 ILCS 140].

h) No later than 35 days from the date of any final administrative decision by the CCLRB concerning eligibility for a license, the applicant may make a written request to the CCLRB for a transcript of the recording made at the hearing.

The cost of transcription shall be the responsibility of the applicant.
Fees shall not exceed the actual cost for the preparation of the transcript.
The record need not be transcribed unless the CCLRB receives a written request and fee from the applicant in accordance with this Section.

20 Ill. Adm. Code 2900.160 Decisions of the Cclrb

a) The CCLRB shall make a record, electronically or by other reliable means, of the final votes cast by each individual commissioner during meetings held at the call of the Chairperson.

b) Upon a vote to overrule an objection, the CCLRB shall send the Department notice of its decision that the applicant does not pose a danger to himself or herself or others and is not a threat to public safety via an electronic transmission using the electronic computer database established for recording votes to objections.

c) If, upon consideration of an objection and any information obtained pursuant to Section 2900.140, the CCLRB determines by a preponderance of the evidence that the applicant poses a danger to himself or herself or to others, or is a threat to public safety, and is therefore ineligible for a license, the CCLRB shall notify the applicant. The CCLRB will also notify the Department of its determination using the electronic computer database. The CCLRB shall make a record of the basis for its finding that the applicant is ineligible for a license.

d) Upon electronic transmission to the Department of a final decision by the CCLRB that an applicant is ineligible for a license under Section 20 of the Act, the CCLRB decision shall be final and subject to judicial review pursuant to 20 Ill. Adm. Code 1231.170.

20 Ill. Adm. Code 2900.170 Cclrb Reporting

Pursuant to Section 20(i) of the Act, the CCLRB shall report monthly to the Governor and to the General Assembly the following information:

a) the number of objections it has received;

b) the number of objections it has affirmed; and

c) the number of times a decision to deny an applicant a license was because the applicant poses a danger to himself or herself, the applicant poses a danger to others, or the applicant poses a threat to public safety.

Chapter XII Firearm Owner's Identification Card Review Board

Part 3500 Reinstatement of Firearm Rights

20 Ill. Adm. Code 3500.100 Definitions

For purposes of Section 1230.75, these additional terms shall have the following meanings:

"Appeal" means a plea for the appropriate circuit court in Illinois to review the basis for the denial of a FOID application or revocation of a FOID Card that is within their jurisdiction.

"Board" means the Firearms Owner's Identification Card Review Board.

"Firearms prohibitor" means one of the grounds for denial and revocation under Section 8 of the Firearms Owner's Identification Card Act [430 ILCS 65/8].

"Record challenge" means a plea for the ISP to review the record serving as the basis for the denial of a FOID Application or revocation of a FOID Card to determine whether the decision was made in error.

"Request for relief" means a plea for the Department to review the denial of a FOID Application or revocation of a FOID Card that is within the jurisdiction of the Department and grant relief from the relevant firearms prohibitor.

History

Source: Recodified from 20 Ill. Adm. Code 1230.15 pursuant to P.A. 102-237, at 47 Ill. Reg. 2475

20 Ill. Adm. Code 3500.200 Request for Relief

a) The Department and the Board are part of the criminal justice process responsible for reviewing a FOID Card holder's or applicant's criminal history record and eligibility pursuant to Section 10(a) and 10(a-5) of the Act.

b) Any person wishing to file a request for relief after a FOID Card application denial or FOID Card suspension or revocation must first submit a Request for FOID Investigation, Relief, and Reinstatement of Rights form to the Department, which is available on the Department's website. The following additional requirements apply depending upon the type of request for relief filed:

Law Enforcement Officers; Expedited Relief Pursuant to Section 10(c-5) of the Act

A) Law enforcement officers (officers) requesting expedited relief from the Department shall submit an Affidavit for Law Enforcement Expedited Relief, which is available on the Department's website at https://isp.illinois.gov/FirearmsSafety/Forms, within 60 days after receipt of a FOID Card application denial notice or a FOID Card revocation notice to begin the relief process. The officer must use the affidavit to certify the requirements of Section 10(c-5) of the Act are met for expedited relief.

B) Pursuant to Section 10(c-5) of the Act, officers must provide the Department with the following documentation:

i) all information set forth on the Law Enforcement Expedited Requirements Checklist that is available on the Department's website at https://isp.illinois.gov/FirearmsSafety/Forms; and

ii) any other reasonable documentation requested by the Department related to the determination for granting relief.

C) If the officer establishes, by a preponderance of the evidence, that the officer will not be likely to act in a manner dangerous to public safety and that granting relief would not be contrary to the public interest, the Department shall grant relief (see Section 10(f) of the Act) from the firearms prohibitor.

Commitment to a Mental Health Facility and Clear and Present Danger Designations within the past five years; Relief Pursuant to Section 10(f) of the Act.

A) An individual whose application for a FOID Card is denied or whose FOID Card is revoked for a commitment to a mental health facility or being designated as a clear and present danger within the preceding five years may petition the Department for relief.

B) Individuals requesting relief from the Department shall submit a Request for FOID Investigation, Relief, and Reinstatement of Firearms Rights, which is available on the Department’s website at https://isp.illinois.gov/FirearmsSafety/Forms, within 60 days after receipt of a FOID Card application denial notice or a FOID Card revocation notice to begin the relief process.

C) The individual must provide the Department with the following documentation:

i) All information set forth on the Mental Health Admission or Clear and Present Danger Less Than 5 Year Prohibitor Requirements Checklist that is available on the Department's website at https://isp.illinois.gov/FirearmsSafety/Forms;

ii) any other reasonable documentation requested by the Department related to the determination for granting relief.

D) If the individual establishes, by a preponderance of the evidence, that the individual will not be likely to act in a manner dangerous to public safety and that granting relief would not be contrary to the public interest, then the Department or its designee shall grant relief from the relevant firearms prohibitor. (See Section 10(a) of the Act).

Felony Convictions; Relief Pursuant to Section 10(a) or 10(c) of the Act.

A) An individual whose application for a FOID Card is denied or whose FOID Card is revoked because of a felony conviction may petition the Department for relief unless the appeal must be directed to the circuit court in the county of the individual's residence pursuant to Section 10(a) of the Act.

B) Individuals requesting relief from the Department shall submit a Request for FOID Investigation, Relief, and Reinstatement of Firearms Rights, which is available on the Department’s website https://isp.illinois.gov/FirearmsSafety/Forms, within 60 days after receipt of a FOID Card application denial notice or a FOID Card revocation notice to begin the relief process.

C) The individual must provide the Department with the following documentation:

i) All information set forth on the Felony Prohibitor Requirements Checklist that is available on the Department's website at https://isp.illinois.gov/FirearmsSafety/Forms; and

ii) any other reasonable documentation requested by the Department related to the determination for granting relief.

D) If the individual meets the standard set forth in Section 10(c) of the Act, the Department or its designee shall grant relief from the relevant firearms prohibitor.

The request for relief process will not begin until the Department has received all the required documentation. If an individual fails to provide all of the required documentation within 60 days after receipt of the notice of FOID Card denial or FOID Card revocation, the request for relief will be denied and the case will be closed.

c) Effective January 1, 2023, pursuant to Section 10(a-5) of the FOID Act, the Board shall consider any appeal under subsection (a) beginning January 1, 2023, other than an appeal directed to the circuit court and except when the applicant is challenging the record upon which the decision to deny or revoke was based as provided in subsection (a-10) of the Act.

d) In the event a final administrative decision is rendered and the individual's request for relief is denied, a new application from the individual will not be accepted until two years have passed since the date of the last denial unless directed to do so by a court with appropriate jurisdiction.

History

Source: Recodified from 20 Ill. Adm. Code 1230.75 pursuant to P.A. 102-237, at 47 Ill. Reg. 2475

20 Ill. Adm. Code 3500.100 Definitions

For purposes of this Part, these additional terms shall have the following meanings:

"Act" or "FOID Act" means the Firearm Owners Identification Card Act [430 ILCS 65].

"Appeal" means a plea for the appropriate circuit court in Illinois to review the basis for the denial of a FOID application or revocation of a FOID Card that is within their jurisdiction.

"Board" means the Firearms Owner's Identification Card Review Board.

"Department" or "ISP" means the Illinois State Police.

"Firearms prohibitor" means one of the grounds for denial and revocation under Section 8 of the Firearm Owners Identification Card Act [430 ILCS 65/8].

"Petitioner" means a person who has submitted a request for the Board to review the denial of a FOID Application or revocation of a FOID Card.

"Record challenge" means a request for the ISP to review the record serving as the basis for the denial of a FOID Application or revocation of a FOID Card to determine whether the decision was made in error.

"Request for relief" means a plea for the Board to review the denial of a FOID Application or revocation of a FOID Card that is within the jurisdiction of the Board and grant relief from the relevant firearms prohibitor.

History

Source: Amended at 47 Ill. Reg. 13469, effective September 8, 2023

20 Ill. Adm. Code 3500.110 Duties

a) The Department and the Board are part of Illinois' FOID Card system, created to afford law enforcement authorities the opportunity to identify persons who are not qualified to acquire or possess firearms and firearm ammunition in Illinois, and are responsible for considering a FOID Card holder's or applicant's criminal history record and eligibility pursuant to Sections 10(a) and 10(a-5) of the Act.

b) The Board shall consider any appeal under Section 10(a) of the Act beginning January 1, 2023, other than an appeal directed to the circuit court and except when the applicant is challenging the record upon which the decision to deny or revoke was based as provided in Section 10(a-10) of the Act. (Section 10(a-5) of the Act)

History

Source: Added at 47 Ill. Reg. 13469, effective September 8, 2023

20 Ill. Adm. Code 3500.120 Department Liaison to the Board

a) Pursuant to Section 10 of the Act, the Board shall exercise its powers and duties in an independent manner, subject to the provisions of this Act but free from the direction, control, or influence of any other agency or department of State government. (Section 10(a-5)(0.05) of the Act)

b) The Department shall designate an employee to serve as Executive Director of the Board and provide logistical and administrative assistance to the Board. (Section 10(a-5)(2) of the Act)

History

Source: Added at 47 Ill. Reg. 13469, effective September 8, 2023

20 Ill. Adm. Code 3500.130 Meetings

a) The Board shall meet at least quarterly each year and at the call of the chairperson as often as necessary to consider appeals of decisions made with respect to applications for a Firearm Owner's Identification Card under the Act.

Whenever practicable, the Chairperson shall give members a minimum of 5 calendar days' advance notice prior to the date of a meeting.
The Chairperson, or a designee, shall preside over all meetings.

b) If necessary to ensure the participation of a member, the Board shall allow a member to participate in a Board meeting by electronic communication. Any member participating electronically shall be deemed present for purposes of establishing a quorum and voting. (Section 10(a-5)(3) of the Act)

c) Meetings of the Board shall not be subject to the Open Meetings Act [5 ILCS 120] and records of the Board shall not be subject to the Freedom of Information Act [5 ILCS 140]. (Section 10(a-5)(8) of the Act)

History

Source: Added at 47 Ill. Reg. 13469, effective September 8, 2023

20 Ill. Adm. Code 3500.140 Conflicts of Interest

a) No member, including the Chairperson, shall participate in any Board business, including, but not limited to, voting, when that member has a conflict of interest.

b) For the purposes of this Section, whether a member has a conflict of interest shall be determined by the following guidelines:

A member has a conflict of interest and shall not preside over or otherwise vote in a matter in which:

A) the member knows the petitioner either through personal or professional interactions and those interactions are likely to impact the member's judgement, including but not limited to cases involving family members such as parents, spouses, and children.

B) the member's interest, through business, investment, personal relationships, or family, reasonably creates the appearance of impropriety in the performance of the member's duties on the Board.

Examples of conflicts of interest include, but are not limited to, the following:

A) using public office for direct or indirect private gain;

B) giving preferential treatment to any organization or person;

C) losing independence or impartiality of action;

D) making a government decision outside official channels; or

E) otherwise adversely affecting the confidence of the public in the integrity of the Board.

c) Disclosure

Prior to the Board taking any action on a matter in which a member has or may have a conflict of interest, the interested member shall disclose that interest to the other members.

d) Determination of Conflict of Interest

A member may use any of the following procedures to determine whether the member's own interest or the interest of another member constitutes a conflict of interest:

The member may request the advice of the Board's Executive Director, who shall promptly render a recommendation to the Board; or
The member may ask the Board to determine whether the interest constitutes a conflict of interest.

A) The Board shall ask the member with the potential conflict of interest to leave the meeting during any discussion or deliberation regarding whether a conflict of interest exists.

B) A majority of the non-interested members present at a meeting at which a quorum is present shall determine whether a conflict of interest exists.

C) The interested member shall be counted for purposes of determining whether a quorum is present but shall not participate in the deliberations or vote regarding whether a conflict of interest exists.

e) Prior to any determination of a conflict of interest and, even if, after a determination, a conflict of interest is found not to exist, the reporting member may indicate the member's decision to abstain from any Board action regarding the matter as to which the potential conflict of interest exists and, when appropriate, to recuse himself or herself from any Board discussion and determination of the pending matter.

f) Procedure When a Conflict of Interest is Determined

Upon the Board's determination that a conflict of interest exists, the member with the conflict of interest shall not access any documentation or records regarding the petitioner or participate in the Board's discussion and determination of the matter. In addition, when appropriate, the member with the conflict of interest shall recuse himself or herself from any deliberations and determinations.

History

Source: Added at 47 Ill. Reg. 13469, effective September 8, 2023

20 Ill. Adm. Code 3500.150 Reporting

The Board shall report monthly to the Governor and the General Assembly on the number of appeals received and provide details of the circumstances in which the Board has determined to deny Firearm Owner's Identification Cards under Section 10(a-5) of the Act. The report shall not contain any identifying information about the petitioners. (Section 10(a-5)(9) of the Act)

History

Source: Added at 47 Ill. Reg. 13469, effective September 8, 2023

20 Ill. Adm. Code 3500.200 Requests for Relief within the Jurisdiction of the Board

a) Any person wishing to file a request for relief after a FOID Application denial or FOID Card suspension, revocation or seizure, or who is prohibited from possessing a firearm under Section 24-1.1 or 24-3.1 of the Criminal Code of 2012 [720 ILCS 5], must complete their petition for review no later than 90 days after the notice of FOID Card denial or FOID Card revocation was sent and must first submit a Request for Relief and Reinstatement of Firearms Rights form to the Board, which is available on the Board's website. The following additional requirements apply depending upon the type of request for relief filed:

Law Enforcement Officers; Expedited Relief Pursuant to Section 10(c-5) of the Act

A) Law enforcement officers (officers) requesting expedited relief from the Department shall submit an Affidavit for Law Enforcement Expedited Relief, which is available on the Board's website at https://isp.illinois.gov/FOIDCardReviewBoard/FormsAndChecklists, to begin the relief process. The officer must use the affidavit to certify the requirements of Section 10(c-5) of the Act are met for expedited relief.

B) Pursuant to Section 10(c-5) of the Act, officers requesting expedited relief under subsection (a)(1)(B) must provide the Board with the following documentation:

i) all information set forth on the Law Enforcement Expedited Requirements Checklist. That checklist is available on the Board's website at https://isp.illlinois.gov/FoidCardReviewBoard/FormsAndChecklists and shall include, but is not limited to:

· a personal statement;

· an affidavit certifying the officer meets the requirements of Section 10(c-5) of the Act;

· psychiatric and counseling records;

· a current forensic evaluation including an assessment of potential risk for future violence;

· a psychological fitness for duty;

· certified copies of relevant court records;

· at least two character references; and

· a firearm requirement for employment certification that is available on the Department's website at https://isp.illinois.gov/FirearmsSafety/Forms; and

ii) any other reasonable documentation requested by the Board related to the determination for granting relief.

C) If the officer establishes, by a preponderance of the evidence, that the officer will not be likely to act in a manner dangerous to public safety and that granting relief would not be contrary to the public interest, the Board shall grant relief (see Section 10(c-5) of the Act) from the firearms prohibitor.

Commitment to a Mental Health Facility and Clear and Present Danger Incidents Within The Past Five Years; Relief Pursuant to Section 10(f) of the Act

A) An individual whose application for a FOID Card is denied or whose FOID Card is revoked or seized due to a commitment to a mental health facility within the preceding five years or being reported as a clear and present danger when the incident giving rise to the report occurred within the preceding five years, may petition the Board for relief.

B) Petitioners requesting relief from the Board under subsection (a)(2)(A) must provide the Board with the following documentation:

i) All information set forth on the Mental Health Admission or Clear and Present Danger Less Than 5 Year Prohibitor Requirements Checklist. That checklist is available on the Board's website at https://isp.illinois.gov/FoidCardReviewBoard/FormsAndChecklists and shall include, but is not limited to:

· a personal statement;

· psychiatric and counseling records;

· a current forensic evaluation including an assessment of potential risk for future violence;

· certified copies of relevant court records;

· at least two character references; and

· a firearm requirement for employment certification, where applicable; and

ii) any other reasonable documentation requested by the Board related to the determination for granting relief.

C) If the petitioner establishes, by a preponderance of the evidence, that the petitioner will not be likely to act in a manner dangerous to public safety and that granting relief would not be contrary to the public interest, then the Board shall grant relief from the relevant firearms prohibitor. (See Section 10(f) of the Act).

Felony Convictions; Relief Pursuant to Section 10(a) or 10(c) of the Act

A) An individual whose application for a FOID Card is denied or whose FOID Card is revoked because of a felony conviction may petition the Board for relief unless the appeal must be directed to the circuit court in the county of the individual's residence pursuant to Section 10(a) of the Act.

B) Petitioners requesting relief from the Board under subsection (a)(4)(A) must provide the Board with the following documentation:

i) All information set forth on the Felony Prohibitor Requirements Checklist. That checklist is available on the Board's website at https://isp.illinois.gov/FoidCardReviewBoard/FormsAndChecklists and shall include, but is not limited to:

· a personal statement;

· psychiatric and counseling records, where applicable;

· certified copies of relevant court records, where applicable; and

· at least two character references; and

The checklist is available on the Board's website at https://isp.illinois.gov/FoidCardReviewBoard/FormsAndChecklists; and

ii) any other reasonable documentation requested by the Board related to the determination for granting relief.

C) If the petitioner establishes to the Board's satisfaction that the petitioner meets the standard set forth in Section 10(c) of the Act, the Board shall grant relief from the relevant firearms prohibitor.

Developmental or Intellectual Disabilities; Relief Pursuant to Section 10(c-10) of the Act

A) An individual, whose application for a FOID Card is denied or whose FOID Card is revoked or seized based upon a determination of a developmental disability or an intellectual disability, may petition the Board for relief.

B) Petitioners requesting relief from the Board under subsection (a)(4)(A) must provide the Board with the following documentation:

i) All information set forth on the Developmental or Intellectual Disabilities Prohibitor Requirements Checklist. That checklist is available on the Board's website at https://isp.illinois.gov/FoidCardReviewBoard/FormsAndChecklist and shall include, but is not limited to:

· a current certification for firearm possession;

· psychiatric and counseling records, where applicable;

· certified copies of relevant court records, where applicable; and

· at least two character references; and

ii) any other reasonable documentation requested by the Board related to the determination for granting relief.

C) If a physician, clinical psychologist, or qualified examiner certifies that the disability is mild, and that granting relief would not be contrary to the public interest or federal law, then the Board or its designee may grant relief from the relevant firearms prohibitor. (See Section 10(c-10) of the Act).

Battery, Assault, Aggravated Assault, or Violations of an Order of Protection, In Which a Firearm Was Used or Possessed; Relief Pursuant to Section 10(a) or 10(c) of the Act

A) An individual whose application for a FOID Card is denied or whose FOID Card is revoked because of a misdemeanor conviction in which a firearm was used or possessed within the preceding five years as set forth in Section 8(k) of the Act, may petition the Board for relief.

B) Petitioners requesting relief from the Board under subsection (a)(5)(A) must provide the Board with the following documentation:

i) All information set forth on the Misdemeanor Prohibitor Requirements Checklist. That checklist is available on the Board's website at https://isp.illinois.gov/FoidCardReviewBoard/FormsAndChecklists and shall include, but not limited to:

· a personal statement;

· psychiatric and counseling records, where applicable;

· certified copies of relevant court records, where applicable; and

· at least two character references; and

ii) any other reasonable documentation requested by the Board related to the determination for granting relief.

b) A petitioner whose FOID Card was revoked or seized must comply with Section 9.5 of the Act prior to initiating a request for relief with the Board.

c) The request for relief process will not begin until the Board receives all the documentation required in subsection (a).

If a petitioner fails to provide all required documentation no later than 90 days after the notice of FOID Card denial or FOID Card revocation was sent, the request for relief will be dismissed and the case will be closed. Notwithstanding subsection (a), the Board may grant an additional time to any petitioner who submits proof of hospitalization, incarceration, or other extenuating circumstances that prevent compliance with the 90-day requirement.
Notwithstanding Section 3500.320(f), a petitioner dismissed pursuant to this subsection (c) may submit a new application for a FOID Card with the Department.

d) Materials required by this Section must be submitted to the Board via email to ISP.FCRB.ReliefRequest@illinois.gov

Paper copies will only be accepted from petitioners with appropriate proof that the petitioner is unable to access the internet due to religion or a disability. Proof of disability includes, but is not limited to, documentation from:

A) the Social Security Administration;

B) the Illinois Worker's Compensation Commission;

C) the U.S. Department of Defense;

D) an insurer authorized to transact business in Illinois who is providing disability insurance coverage; or

E) a physician or heath care provider licensed in this State and is in the position to know the petitioner's medical condition.

The Board may be reached at (217) 524-1762 for further direction, or assistance submitting documents via paper copy to the Board.

History

Source: Amended at 47 Ill. Reg. 13469, effective September 8, 2023

Chapter XII Firearm Owner's Identification Card Review Board

Part 3500 Reinstatement of Firearm Rights

20 Ill. Adm. Code 3500.210 Requests Within the Jurisdiction of the Department or Court

a) Any person whose FOID Card Application was denied or whose FOID Card was revoked but not seized for a firearm prohibitor where the disqualification is not permanent grounds for revocation under the Act, may reapply for a FOID Card once the firearms prohibitor has expired and need not initiate a Request for Relief and Reinstatement of Firearms Rights with the Board. For example, this includes persons previously denied or revoked pursuant to Section 8(e), 8(f), 8(k), or 8.2 of the Act where the prohibitor has expired.

Once the firearm prohibitor has expired, the individual may submit a new FOID Card application to the Department but must comply with Section 8 of the Act and 20 Ill. Adm. Code 1230.70.
Pursuant to Section 4 of the Act, the Department determines the eligibility of an applicant for a FOID Card.

b) Whenever an applicant or cardholder is not seeking relief from a firearms prohibition under Section 10(c) of the Act but rather does not believe the applicant is appropriately denied or revoked and is challenging the record upon which the decision to deny or revoke the Firearm Owner's Identification Card was based, or whenever the Department fails to act on an application within 30 days of its receipt, the applicant shall file such challenge with the Department. (Section 10(a-10) of the Act)

c) Any individual who receives a pardon, receives an expungement, or is granted relief by a court allowing for the restoration of firearms rights may reapply for a FOID Card and need not initiate a request for relief and reinstatement of firearms rights with the Board. Pursuant to Section 4 of the Act, the Department determines the eligibility of an applicant for a FOID Card.

d) Notwithstanding Section 3500.200, any individual, who due to multiple firearms prohibitors must also appeal to the circuit court in the county of the individual's residence for a hearing pursuant to Section 10 of the Act, may include in their appeal before the circuit court any firearms prohibitors that would otherwise bewithin the jurisdiction of the Board.

History

Source: Added at 47 Ill. Reg. 13469, effective September 8, 2023

20 Ill. Adm. Code 3500.300 Consideration of Requests for Relief

a) Upon timely receipt of all information required in Section 3500.200 for a request for relief, the Executive Director shall request a copy of the Department's record regarding the petitioner.

b) Upon receipt of the Department's record, the Executive Director shall make a record available to the Board members containing all information received from the petitioner, as well as the Department.

Board members will be responsible for reviewing the record and may request additional information from the petitioner or the Department. The petitioner and Department shall have 10 business days to submit any additional information requested.
If a quorum of the Board is satisfied that there is sufficient evidence to consider whether the petitioner has met its burden of proof under Section 10(c) of the Act, the Board members will consider all information provided in the record, vote on the electronic voting record made available for this purpose, and issue a final administrative decision.
If a quorum of the Board is not satisfied that there is sufficient evidence to consider whether the petitioner has met its burden of proof under Section 10(c) of the Act, the Board shall provide a notice of insufficient evidence to the petitioner. The notice will include information on how the petitioner may request a hearing before a quorum of the Board.

A) If the petitioner wants to request a hearing, the petitioner must do so within 30 days from the date notice of insufficient evidence is sent.

B) The request for a hearing must be in writing on forms made available by the Department through its website.

C) If a hearing is not requested, a final administrative decision will be entered based upon the record available.

D) If a hearing is requested, Board members will not vote or render a final administrative decision until after the requested hearing can be held.

c) Upon completion of the electronic voting record by all Board members, the Executive Director will prepare an order for the Board consistent with the majority vote.

History

Source: Added at 47 Ill. Reg. 13469, effective September 8, 2023

20 Ill. Adm. Code 3500.310 Conduct of Hearings

a) Hearings of the Board will be conducted when a quorum of the members is present in person, by video, telephonically or by other electronic means. The hearing shall be recorded.

b) The Board shall determine the date, time and location of any hearing. The Board shall make reasonable efforts to hold the hearing at a date, time, and location convenient to all parties.

c) The Chairperson or designee shall preside over the hearing.

d) Any testimony requested by the Board shall be under oath or affirmation.

e) Petitioners may be represented by counsel and present evidence relating to the request for relief. Hearings shall be closed to the public.

f) The procedures for admissibility of evidence shall be as described in Section 10-40 of the Illinois Administrative Procedure Act [5 ILCS 100/10-40] and as ordered by the Chairperson.

g) Deliberations of the Board, upon conclusion of a hearing held pursuant to this Section, shall be held in executive session without the petitioner or other participants in the hearing present and shall not be subject to either the Open Meetings Act [5 ILCS 120] or the Freedom of Information Act [5 ILCS 140]. (See Section 10(a-5)(8)).

h) No later than 30 days after the date of any final administrative decision by the Board, the petitioner may make a written request to the Board for a transcript of the recording made at the hearing.

The cost of transcription shall be the responsibility of the petitioner.
Fees shall not exceed the actual cost for the preparation of the transcript.
The record need not be transcribed unless the Board receives a written request and fee from the petitioner in accordance with this Section.

History

Source: Added at 47 Ill. Reg. 13469, effective September 8, 2023

20 Ill. Adm. Code 3500.320 Decisions of the Board

a) The Board shall make a record, electronically or by other reliable means, of the final votes cast by each individual member upon their review of the request for relief record or at the conclusion of the hearing, if one is requested.

b) The Board shall issue an order either granting or denying the request for relief based upon the majority vote. If the Board denies relief, the Board shall detail the circumstances warranting denial.

c) The Board shall issue a decision within 45 days of receiving all completed appeal documents from the Department and petitioner, unless:

the petition is for expedited relief from an eligible active law enforcement officer pursuant to Section 10(c-5) of the Act and must be acted on within 30 business days after receipt of that petition;
the plea is from an individual determined to be developmentally or intellectually disabled pursuant to Section 10(c-5) of the Act and must be acted on within 60 days after receipt of the required certification unless the timeline is tolled for a fact-finding conference;
the Board requests information from the petitioner, including, but not limited to, electronic fingerprints to be submitted to the Illinois State Police, in accordance with Section 10(a-5)(5) of the Act, in which case the Board shall make a decision within 30 days of receipt of the required information from the petitioner;
the petitioner requests a hearing and agrees, in writing, to allow the Board additional time to consider an appeal; or
the Board notifies the petitioner, and the Department, it needs an additional 30 days to issue a decision, which may be requested no more than two times and shall include an explanation for the extension. (Section 10(a-5)(6) of the Act)

d) For matters transferred to the Board by the Department, the Board shall issue a decision within 45 days after receiving all completed appeal documents from the Department, unless extended in accordance with subsection (c).

e) The Board shall provide notice of its decision to the petitioner and Department by providing a copy of its order to the petitioner and the Department.

Where the Department determines it is appropriate, the Department will reinstate the petitioner's firearms rights, issue a FOID Card, and update, correct, modify, or remove the person's record in any database that the Illinois State Police makes available to the National Instant Criminal Background Check System to reflect that the basis for the firearms prohibitor for which relief has been granted no longer applies within 15 business days after the Board's decision. (Section 10(f) of the Act)
Out-of-state residents who petition the Board pursuant to Section 10(c) of the Act and are granted relief by the Board shall not be issued a FOID Card but rather shall only have their record corrected. (Section 4(a)(2) of the Act)

f) An order of the Board is a final administrative decision and subject to judicial review pursuant to Section 11 of the Act.

g) In the event a final administrative decision is rendered and the request for relief is denied, a new application from the petitioner will not be accepted until two years have passed since the date of the last denial unless directed to do so by a court with appropriate jurisdiction.

History

Source: Amended at 50 Ill. Reg. 5337, effective April 3, 2026

20 Ill. Adm. Code 3500.400 Consideration of Requests for Expedited Review

a) A person subject to the provisions of Section 8(f) of the Act may request an expedited review of a FOID application denial or a FOID card suspension or revocation immediately upon receiving notice of FOID application denial or FOID card suspension or revocation, but no later than 30 days after the notice is issued.

b) An individual subject to the provisions of Section 8(f) of the Act may file a request for expedited review for the following reasons:

Contesting the facts of the clear and present danger report; and/or
Contesting that the facts in the clear and present danger report meet the definition of clear and present danger pursuant to Section 1.1 of the Act.

c) Individuals requesting expedited review, pursuant to Section 10(c-5)(5) of the Act must complete the Expedited Request for Review of Clear and Present Danger Determination form, which is available on the Board's website. The form includes basic personal information, contact information, the basic for requesting an expedited review, FOID card number (if one was assigned), personal narrative/statement, etc.

d) Upon the timely receipt of the Expedited Request for Review of Clear and Present Danger Determination form, the FOID Card Review Board will set a hearing within 45 days.

The Board will process the request and duly notify the individual, the Department, and the physician, clinical psychologist, qualified examiner, law enforcement official or school administrator who reported the clear and present danger determination of the Expedited Request for Review of Clear and Present Danger Determination Form. The notification shall include the date, time, and location of the hearing.
The identity of the physician, clinical psychologist, qualified examiner, law enforcement official, or school administrator who reported the clear and present danger determination shall not be disclosed to the individual who is the subject of the report without the explicit written consent of the reporting party. A petitioner seeking such disclosure must submit a written motion to the Board for disclosure of the reporting party's identity. The Board may grant the motion only upon an affirmative determination that disclosure is strictly necessary to ensure the individual has a meaningful opportunity to understand, respond to, or rebut the basis for the denial, suspension or revocation of FOID privileges.

A) In making such a determination, the Board must give primary weight to the safety and well-being of the reporting individual and any other persons who may be placed at risk because of disclosure. The Board shall carefully balance the reported individual's right to due process against the potential public and personal safety implications of disclosure.

B) If the Board determines that disclosure of the reporting party's identity may be necessary, it shall first provide the reporting party with written notice, by email or by U.S. Mail if no email exists, of its intent to disclose, at least seven business days in advance. The notice shall include the specific rationale supporting the proposed disclosure. The reporting party shall be given a meaningful opportunity to object by submitting a request for further review within seven business days after receipt of the notice. The reporting party shall file a written objection, addressing any legal or safety-based grounds, within seven business days after the request for further review is filed.

C) The Board shall not proceed with disclosure until any timely objection is fully considered and resolved. In the event the Board proceeds with disclosure, the Board's decision to disclose shall be made in writing and must specifically articulate why disclosure is essential and how it has weighed the safety risks involved.

All parties listed in subsection (d)(1) may only submit documents necessary to contest the facts of the clear and present danger report, or to contest that the facts meet the definition of clear and present danger pursuant to Section 1.1 of the Act.
Board members will be responsible for reviewing the record and may request additional information from all parties listed in subsection (d)(1). All such requests for information shall be responded to within five business days after the request is issued.
A majority of the Board members appointed and serving must determine if the Department has established the facts of the clear and present danger determination and/or established that the facts meet the definition of clear and present danger consistent with Section 1.1 of the FOID Act by a preponderance of evidence.
The Chairperson shall utilize the procedures for admissibility of evidence as described in Section 10-40 of the Illinois Administrative Procedure Act [5 ILCS 100/10-40].
The Board shall issue a final administrative decision within 14 days after conclusion of the hearing.
Deliberations of the Board, upon conclusion of a hearing held pursuant to this Section, shall be closed without the petitioner or other participants in the hearing present and shall not be subject to either the Open Meetings Act [5 ILCS 120] or the Freedom of Information Act [5 ILCS 140]. (See Section 10(a-5)(8) of the Act).
No later than 30 days after the date of any final administrative decision issued by the Board, the petitioner may make a written request to the Board for a transcript of the recording made at the hearing.
The cost of transcription shall be the responsibility of the petitioner.
Fees shall not exceed the actual cost for the preparation of the transcript.
The recording of the hearing need not be transcribed unless the Board receives a written request and fee from the petitioner in accordance with this Section.
Once the petitioner has exhausted the expedited review process and any appeal thereof, the petitioner may thereafter file a request for relief pursuant to Section 3500.200 to obtain a FOID card.
The Board's jurisdictional period under Section 10(c-5) of the Act shall be tolled during the pendency of any expedited review conducted pursuant to this Section, including the duration of any appeal of the Board's final decision. The jurisdictional timeline shall resume upon the conclusion of the expedited review process and any related appeal. For example, if a petitioner files an expedited review request on day 30, the jurisdictional timeline pauses on day 30 and resumes after expedited review and any appeals conclude.

History

Source: Added at 50 Ill. Reg. 5337, effective April 3, 2026