AUTHORITY: Implementing Sections 7-1, 7-3, 7-9 and 31A-1.1 of the Criminal Code of 2012 [720 ILCS 5/7-1, 7-3, 7-9 and 31A-1.1] and Article 103 of the Code of Criminal Procedures of 1963 [725 ILCS 5/Art. 103] and Sections 3-2.5-20, 3-4-3, 3-6-2, 3-6-4, 3-7-2, 3-7-4, 3-10-1, 3-10-8 and 3-10-9 of the Unified Code of Corrections [730 ILCS 5/3-2.5-20, 3-4-3, 3-6-2, 3-6-4, 3-7-2, 3-7-4, 3-10-1, 3-10-8 and 3-10-9] and authorized by Sections 3-2.5-20, 3-7-1, 3-7-4 and 3-10-8(b) of the Unified Code of Corrections [730 ILCS 5/3-2.5-20, 3-7-1, 3-7-4 and 3-10-8(b)]. Sections 2501.70 and 2501.220 are also implementing Consent Decrees (Czajaka vs. Brierton, #76 C 772, N.D. Ill. 1977; Drew vs. Sielaff, #73 C 2911, N.D. Ill. 1977; and Meeks vs. Lane, #75 C 96, N.D. Ill. 1981).

SOURCE: Adopted and codified at 8 Ill. Reg. 14628, effective August 1, 1984; amended at 11 Ill. Reg. 14697, effective September 1, 1987; amended at 13 Ill. Reg. 16977, effective November 1, 1989; amended at 18 Ill. Reg. 6328, effective May 1, 1994; the policies embodied in this Part transferred to the Department of Juvenile Justice pursuant to Section 3-2.5-50 of the Unified Code of Corrections on June 1, 2006 and codified at 38 Ill. Reg. 16440.

SUBPART A: RESORT TO FORCE

 

Section 2501.15  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 temporary absence or in an emergency.

 

Section 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.

 

Section 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.

 

Section 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]:

 

1)         To compel compliance with a lawful order given by an employee to ensure the safety and security of the facility.

 

2)         To protect oneself or any other person from physical assaults, injury or death.

 

3)         To prevent escapes from the facility or from the custody of employees in the community.

 

4)         To apprehend escapees or offenders charged with a violation of parole or mandatory supervised release within the community.

 

5)         To protect State property or the property of others from unauthorized use, possession, damage or destruction.

 

6)         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]:

 

1)         When he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or any other person.

 

2)         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.

 

3)         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.

 

4)         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:

 

1)         The employee should ensure that no other reasonable means of intervention are available to prevent death, great bodily harm or escape.

 

            2)         Prior authorization of the use of weapons within facilities shall be given by the Chief Administrative Officer, whenever time and circumstances permit.

 

Section 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:

 

1)         To escort or transport a committed youth outside the facilities of the Department and to return from such trips;

 

2)         To protect, arrest, apprehend and reconfine a committed youth;

 

3)         To fill assigned security positions requiring firearms as standard equipment; and

 

4)         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.

 

Section 2501.60  General Use of Chemical Agents

 

a)         Chemical agents may be justified under the following circumstances:

 

1)         When use of force is otherwise justified (Section 2501.40).

 

2)         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.

 

Section 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.

 

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 youth to leave his room:

 

1)         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.

 

2)         Gas masks shall be available for use by security staff at the time the tear gas or other chemical agent is used.

 

3)         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.

 

4)         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.

 

Section 2501.80  Training

 

Training in procedures for use of force shall be conducted for all institutional security employees.

SUBPART B: GENERAL SECURITY

 

Section 2501.105  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 temporary absence or in an emergency.

 

Section 2501.110  Movement of Committed Youth

 

a)         Handcuffs, security belts and/or leg irons may be used to restrain any committed youth when:

 

1)         A person confined pending investigation or in disciplinary segregation is moved within the facility,

 

2)         A committed youth is transported outside the facility, or

 

3)         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.

 

Section 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.

 

Section 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.

 

1)         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.

 

2)         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.

 

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:

 

1)         Observable phenomena, such as direct observation of use and/or the physical symptoms of being under the influence of drugs or alcohol;

 

2)         A pattern of abnormal or erratic behavior;

 

3)         Information provided by reliable and credible sources or which is independently corroborated; or

 

4)         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.

SUBPART C: SEARCHES FOR AND DISPOSITION OF CONTRABAND

 

Section 2501.205  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 temporary absence or in an emergency.

 

Section 2501.210  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 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.

 

Section 2501.220  Searches for Contraband

 

a)         Searches of Visitors

 

1)         All persons, vehicles and items brought onto State property are subject to search.  Prominent notice to this effect shall be posted at each facility.

 

2)         A body search of a visitor shall be conducted in an area offering the visitor some degree of privacy.

 

3)         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.

 

4)         Visitors shall not be subject to anal or vaginal cavity searches by Department personnel.

 

5)         A search of a visitor may be conducted with the assistance of a detector dog.

 

6)         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

 

1)         All committed youth and their clothing, property, housing and work assignments are subject to search at any time.

 

2)         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.

 

3)         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.

 

4)         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.

 

5)         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.

 

6)         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.

 

Section 2501.230  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 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:

 

1)         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.

 

2)         Request in writing that the property be destroyed.

 

3)         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.