TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER f: COUNTY STANDARDS
PART 701 COUNTY JAIL STANDARDS
SECTION 701.80 HOUSING
Section 701.80 Housing
a) Cell and Detention Room Space
1) At least 50 square feet of floor space shall be provided in each cell, with a minimum ceiling height of eight feet.
2) At least 64 square feet of floor space shall be provided for each detention room with a minimum ceiling height of eight feet.
3) With regard to existing facilities built prior to July 1, 1980, the Department will not initiate legal action against a county if the only physical noncompliance relates to square footage of the individual cell or detention room.
b) Cell or Detention Room Occupancy
All existing cells and detention rooms should be designated for a maximum of double occupancy (two detainees per cell or detention room).
c) Cell or Detention Room Equipment
Each cell or room shall be equipped with:
1) A rigidly constructed metal bed, with a solid or perforated metal bottom, securely anchored to the floor or wall or a concrete sleeping surface; a flame-retardant mattress with no inner springs; staph-check mattress covering; and bed covers suitable to the season. A sleeping surface constructed of concrete may only be used if the construction design is approved in advance by the Department. In determining whether to approve design of concrete beds, the Department will consider, among other matters, the architectural design, whether the concrete is solid, whether beds would be constructed in a manner that would not affect heating of the cell, whether the height and measurements are similar to a standard jail bed, and whether the location of the bed would restrict detainee movement.
2) A washbasin with piped hot and cold water.
3) A prison type toilet.
4) Illumination sufficient to assure comfortable reading at desk level (at least 20 foot-candles illumination at a height of three feet above the floor). Light fixtures shall be tamper proof.
d) Dormitory Space
1) A dormitory is defined as a multiple occupancy room that is designed to hold more than two detainees who are screened prior to admission for suitability to group living.
2) Floor space for dormitories shall be determined by the number of detainees each individual dormitory is designated to house.
A) At least 50 square feet of floor space shall be provided per occupant.
B) There shall be a clear floor to ceiling height of not less than eight feet.
e) Dormitory Occupancy
1) The measures outlined in Section 701.70 shall be followed prior to placement in a dormitory.
2) Dormitories are to be utilized exclusively for persons who are suitable for group living. It is suggested that the most likely candidates for dormitory style living are work releasees, weekenders, trustees, and sentenced misdemeanants (after intensive screening).
f) Dormitory Room Equipment
Each dormitory shall be equipped with:
1) A bed for each detainee made of rigidly constructed metal, with a solid or perforated metal bottom; the bed shall be securely anchored to the floor or wall.
2) A washbasin with piped hot and cold water for every eight occupants. A supply of disposable drinking cups shall be provided if the washbasin is not drinking fountain equipped.
3) A prison type toilet for every eight occupants.
4) A shower with piped hot and cold water for every eight occupants.
5) Illumination sufficient to assure comfortable reading at desk level (at least 20 foot-candles at a height of three feet above the floor). Light fixtures shall be tamper proof.
6) Securely anchored metal tables and chairs or benches. Tables and chairs do not have to be securely anchored in direct supervision units provided that alternatives would not affect the safety and security of the facility or individuals. Adequate seating shall be provided for detainees.
Cells or detention rooms shall conform to current building and accessibility codes. This standard is waived for existing structures.
h) Day Room
Day rooms provide a place for meals to be eaten outside individual cells or detention rooms and for other approved activities.
1) For existing structures, a day room area containing no less than 35 square feet must be provided in conjunction with each cell block or detention room cluster. For new structures or major renovations of existing cell blocks or detention room clusters, a day room area containing no less than 35 square feet per cell or detention room must be provided in conjunction with each cell block or detention room cluster.
2) Each day room shall be equipped with securely anchored metal tables and chairs or benches. Tables and chairs do not have to be securely anchored in direct supervision units provided that alternatives would not affect the safety and security of the facility or individuals. Adequate seating shall be provided for detainees.
Showers shall be provided in each cell block area.
Cells and detention rooms shall contain a metal mirror anchored securely to the wall.
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.
1) All requirements of a physical nature shall be complied with by the jails. However, if the Department has previously given written approval for final architectural plans for new construction or remodeling, new standards of a physical nature will not be enforced.
2) Noncompliance relating to physical conditions that adversely affect the treatment of detainees with respect to their health and safety may be considered for further action under the provisions of Section 3-15-2(b) of the Unified Code of Corrections [730 ILCS 5/3-15-2(b)].
1) Variances connected with physical requirements may be granted by the Director of the Department for existing facilities for a specific period of time. Variance expiration dates will be determined at the time granted. Variance requests of an administrative nature will not be granted. In determining whether to grant a variance, the Department will consider, among other factors, the nature of the standard, previous noncompliance, the cost, the population, the alternative means of complying with the intent of the standard, the length of time requested for the variance, the consequences if the variance is not granted, and the safety and security of the facility or individuals.
2) The variance request must be in writing, signed by the sheriff, and pertain to a specific standard. The request must describe the reasons for the variance; the period of time for the variance; any hardship the facility might experience by complying with the standard; plans to be implemented to eventually comply with the particular standard; and a statement that the variance would not adversely affect the health and safety of detainees or security of the jail.
3) The approval or denial of a variance request will be returned by letter to the requesting governmental agency.
4) The Director of the Department, at his or her discretion, may grant a renewal of the variance provided documentation is received from the governing body that indicates a good faith effort on its part to effect necessary actions to comply with the standard in question.
n) Architectural Plans
Prior to new construction or remodeling, plans of detention facilities must be submitted to the Department for review and approval to ensure the physical plant conforms to the Department's construction standards.
1) The architect's preliminary drawings and final plans and specifications must be submitted to the Department.
2) To determine compliance with the requirements of the State of Illinois Executive Order 2006-5, Construction Activities in Special Flood Hazard Areas, a copy of the effective Federal Emergency Management Agency floodplain map clearly identifying the building site location and a statement of floodplain determination from an architect or engineer must be submitted to the Department.
3) Subsections (c)(1), (3) and (4), (f)(6) and (h)(2) may be waived for those facilities exercising the Direct Supervision Option, as described in Section 701.130(a)(1), provided that alternatives would not affect the safety and security of the facility or individuals.
(Source: Amended at 38 Ill. Reg. 18859, effective October 1, 2014)