TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
SUBPART A: FURLOUGHS
SUBPART B: DAY RELEASE
SUBPART C: INDEPENDENT RELEASE TIME
SUBPART D: COMMUNITY CORRECTIONAL CENTER LEAVES |
AUTHORITY: Implementing Sections 3-11-1 and 3-13-1 et seq. and authorized by Section 3-7-1 of the Unified Code of Corrections (Ill. Rev. Stat. 1983, ch. 38, pars. 1003-11-1, 1003-13-1 et seq. and 1003-7-1).
SOURCE: Adopted and codified at 8 Ill. Reg. 14389, effective August 1, 1984; emergency amendment at 44 Ill. Reg. 7931, effective April 22, 2020, for a maximum of 150 days; emergency expired September 18, 2020.
SUBPART A: FURLOUGHS
Section 530.10 Applicability
This Subpart applies to the Adult Division.
Section 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.
Section 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.
Section 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.
Section 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:
1) Criminal history;
2) Record of social stability while in the community;
3) Disciplinary record and institutional adjustment;
4) Previous actions by the Prisoner Review Board;
5) Evidence of alcoholism or drug addiction;
6) Educational, program and vocational accomplishments and future goals;
7) History of escapes, unauthorized absences, outstanding warrants or detainers;
8) Availability of staff; and
9) 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.
Section 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.
SUBPART B: DAY RELEASE
Section 530.100 Applicability
This Subpart applies to the Adult Division.
Section 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.
Section 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:
1) Criminal history;
2) Record of social stability while in the community;
3) Disciplinary record and institutional adjustment;
4) Previous actions by the Prisoner Review Board;
5) Evidence of alcoholism or drug addiction;
6) Educational, program and vocational accomplishments and future goals;
7) History of escapes, unauthorized absences, outstanding warrants or detainers;
8) Availability of staff; and
9) 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.
Section 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.
SUBPART C: INDEPENDENT RELEASE TIME
Section 530.200 Applicability
This Subpart applies to the Community Services Division.
Section 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.
Section 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.
SUBPART D: COMMUNITY CORRECTIONAL CENTER LEAVES
Section 530.300 Applicability
This Subpart applies to the Community Services Division.
Section 530.310 Definition
"Relative" means a spouse, child, parent, grandparent, brother, sister or primary parental figure. This includes step, adopted and foster relatives.
Section 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:
1) Visit family members or others at home, to visit critically ill relatives or to attend a relative's funeral.
2) Obtain medical, psychiatric or psychological services.
3) 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.
Section 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.
Section 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.