Section 701.60  Release Procedures

a)         Identification

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

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

b)         Physical Inspection

            Prior to final release or discharge, each detainee shall receive a physical inspection by a person of the same sex, where 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 sex to prevent detainees from taking property that does not belong to them or other contraband as defined in Section 31A-1.1 of the Criminal Code of 1961 [720 ILCS 5/31A-1.1].

d)         Personal Property

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

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

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

3)         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.

e)         Discharge of Mentally Ill Detainees

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

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

f)          Transfers to Illinois Department of Corrections

            Pursuant to Sections 3-8-1, 3-10-1 and 5-4-1 of the Unified Code of Corrections [730 ILCS 5/3-8-1, 3-10-1, and 5-4-1] and Section 5-33 of the Juvenile Court Act [705 ILCS 405/5-33], when a detainee is delivered to the custody of the Department, the following information must be included with the items delivered:

1)         The mittimus or judgement order which must include the offender's name,  indictment or petition number, sentence or disposition, offense, judge's name and signature, date of sentence, any court findings concerning offender status (such as, Habitual Juvenile Offender, Violent Juvenile Offender, Guilty but Mentally Ill, Sex Offender, or Truth in Sentencing), dates for time served and, where applicable, whether the sentences are to be served concurrently or consecutively.  In the case of a youth committed as a delinquent, a certified copy of the court order appointing the Juvenile Division legal custodian is also required.

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

3)         Any presentence reports.

4)         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 Mental Health and Developmental Disabilities, and time served while on probation or periodic imprisonment.

5)         A record of the committed person's time and his or her behavior and conduct while in custody of the county.  Any action on the part of the committed person, including but not limited to an escape attempt, participation in a riot, assault, battery, intimidation, sexual behavior, arson, or suicide attempt which might affect security status and a record of medical treatment, if any, should be included in the record.

6)         State's attorney's statement of facts.  If the statement is unavailable at the time of delivery, the statement shall be transmitted within ten days of receipt by the clerk of the court.

7)         Any medical or mental health records or summaries.

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

9)         All additional matters which the court directs the clerk to transmit.

(Source:  Amended at 28 Ill. Reg. 13729, effective October 1, 2004)