Section 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.

 

Section 2535.15  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 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 or her temporary absence or in an emergency.

 

(Source:  Amended at 43 Ill. Reg. 14209, effective November 25, 2019)

 

Section 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.

 

(Source:  Amended at 43 Ill. Reg. 14209, effective November 25, 2019)

 

Section 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.

 

(Source:  Amended at 43 Ill. Reg. 14209, effective November 25, 2019)

 

Section 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.

 

(Source:  Amended at 43 Ill. Reg. 14209, effective November 25, 2019)

 

Section 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.

 

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.

 

(Source:  Amended at 43 Ill. Reg. 14209, effective November 25, 2019)

 

Section 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.

 

(Source:  Amended at 43 Ill. Reg. 14209, effective November 25, 2019)

 

Section 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.

 

(Source:  Amended at 43 Ill. Reg. 14209, effective November 25, 2019)

 

Section 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.

 

(Source:  Amended at 43 Ill. Reg. 14209, effective November 25, 2019)

 

Section 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.

 

1)         Non-approved items shall be receipted and returned to the sheriff prior to his or her departure from the youth center, when possible; or

 

2)         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.

 

(Source:  Amended at 43 Ill. Reg. 14209, effective November 25, 2019)

 

Section 2535.90  Procedure for Institutional Transfers

 

a)         Intra-institutional Transfer

 

1)         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.

 

2)         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

 

1)         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.

 

2)         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.

 

3)         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.

 

4)         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.

 

5)         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.

 

(Source:  Amended at 43 Ill. Reg. 14209, effective November 25, 2019)

 

Section 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.

 

1)         A copy of the inventory shall be placed in the container, and the container shall be sealed.

 

2)         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.

 

1)         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.

 

2)         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.

 

(Source:  Amended at 43 Ill. Reg. 14209, effective November 25, 2019)

 

Section 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.

 

(Source:  Amended at 43 Ill. Reg. 14209, effective November 25, 2019)

 

Section 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.

 

(Source:  Amended at 43 Ill. Reg. 14209, effective November 25, 2019)

 

Section 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.

 

(Source:  Amended at 43 Ill. Reg. 14209, effective November 25, 2019)

 

Section 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.

 

(Source:  Amended at 43 Ill. Reg. 14209, effective November 25, 2019)