PART 120 RULES OF CONDUCT : Sections Listing

TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER a: ADMINISTRATION AND RULES
PART 120 RULES OF CONDUCT


AUTHORITY: Implementing Section 3-2-2 and authorized by Section 3-7-1 of the Unified Code of Corrections [730 ILCS 5/3-2-2 and 3-7-1] and Sections 5-15, 10-10, 10-15, and 20-70 of the State Officials and Employees Ethics Act [5 ILCS 430/5-15, 10-10, 10-15, and 20-70] and Section 922 of the Federal Gun Control Act (18 USC 922) and Section 24-3.1(4) of the Illinois Criminal Code of 1961 [720 ILCS 5/24-3.1(4)].

SOURCE: Adopted at 11 Ill. Reg. 11517, effective July 1, 1987; amended at 30 Ill. Reg. 6329, effective April 1, 2006.

 

Section 120.10  Applicability

 

This Part applies to all persons who provide personal services or delivery of services, including Department of Corrections (Department) employees, contractual employees, and volunteers. Offender's visitors shall comply with the rules set forth in 20 Ill. Adm. Code 525.

 

(Source:  Amended at 30 Ill. Reg. 6329, effective April 1, 2006)

 

Section 120.15  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 person to perform the duties specified.

 

b)         No other individual may routinely perform duties whenever a Section 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 temporary absence or in an emergency.

 

Section 120.20  Definitions

 

"Department" means the Department of Corrections.

 

"Employee", for the purposes of this Part, means persons who provide personal services or delivery of services, including Department employees, contractual employees, and volunteers.

 

            "Offender" means any person committed to the custody of the Department, including those persons released on parole or mandatory supervised release.

 

(Source:  Amended at 30 Ill. Reg. 6329, effective April 1, 2006)

 

Section 120.30  Conduct of Individuals

 

Employees shall conduct themselves in a manner that will not reflect unfavorably on the Department and shall not engage in conduct that is unbecoming of an employee or that may reflect unfavorably on or impair the operations of the Department.

 

(Source:  Amended at 30 Ill. Reg. 6329, effective April 1, 2006)

 

Section 120.40  Compliance with Laws and Regulations

 

a)         Employees shall obey all federal, State, and local laws and applicable court decisions and orders related to the performance of their services to the Department.

 

b)         Employees shall verbally report as soon as possible and shall submit a written report within five working days after any:

 

1)         Arrest, indictment or conviction for a felony or a misdemeanor, other than a minor traffic offense such as a parking ticket, to their immediate supervisor.  Driving under the influence is a reportable offense.  The report shall specify the facts forming the basis for the arrest, indictment, or conviction and the caption of the case.

 

A)        Any employee who is convicted after March 1, 1998 of a domestic violence crime as defined in the Federal Gun Control Act and who may be required to possess, transport, or receive a weapon or ammunition in the performance of his or her duties shall be terminated from employment.

 

B)        Any employee who is charged and convicted of a felony shall be terminated from employment.

 

2)         Order of protection against any employee.  The report shall specify the facts for the order of protection and include a caption of the case and the length of the order.

 

A)        Any employee who has an order of protection against him or her shall provide a copy of the order of protection or emergency or amended order of protection with his or her written report.

 

B)        Any employee who has an order of protection against him or her that prohibits the possession or use of a firearm shall not be issued a weapon for the duration of the order.

 

C)        Any employee whose order of protection prohibits the possession or use of firearms and is for a length of time exceeding 90 days and who may be required to possess, transport, or receive a weapon or ammunition in the performance of his or her duties shall be terminated from employment.

 

3)         Admission as an inpatient in a mental hospital, if the employee is authorized to carry a firearm.

 

A)        Any employee who has been admitted as an inpatient in a mental health hospital in the last five years is prohibited from receiving a firearm or ammunition.

 

B)        Following an admission as an inpatient in a mental health hospital, employees authorized to carry a firearm shall submit either a court order or waiver from the State Police pursuant to 430 ILCS 65/10(c) lifting the prohibition from possession of a firearm and firearms ammunition or be terminated.

 

c)         Employees shall comply with departmental rules, written procedures, bulletins and written or verbal orders issued by Department authorities.

 

d)         Employees shall utilize State equipment, property, or services only as authorized by the job assignment.

 

e)         Employees shall have a valid driver's license and, at minimum, be covered by liability insurance prior to transporting offenders in vehicles.

 

f)         Employees shall cooperate with any investigation conducted by internal investigators and other investigative authorities, including the Office of the Executive Inspector General.

 

g)         Employees shall respect the confidentiality of information and shall be prohibited from accessing or disclosing information such as, but not limited to, investigations, offender records, and personnel issues, except to the extent required in the performance of their job duties.

 

h)         Employees shall not intentionally perform any prohibited political activity during any compensated time other than benefit time such as vacation, personal, holiday, compensatory, or equivalent earned time.  Employees shall not intentionally misappropriate any State property or resources by engaging in prohibited political activity for the benefit of any campaign for elective office or any political organization.

 

(Source:  Amended at 30 Ill. Reg. 6329, effective April 1, 2006)

 

Section 120.50  Socializing with Committed Persons

 

a)         Employees shall not knowingly socialize with or engage in business transactions with any offender or releasee, or a relative or known close associate of an offender or releasee, except in the performance of an assignment or as approved in writing by the Director.  However, employees shall be permitted to purchase products of offenders, such as arts, crafts, books, etc., that are offered through the facility's commissaries or offered to the general public in a public market place or forum. 

 

b)         In determining whether to grant approval, the Director shall consider factors such as whether the employee has direct custodial responsibility for the offender; the nature of the business activity to be conducted; the nature of the relationship or association; the criminal and behavioral history of the offender; and employee history and conduct. 

 

(Source:  Amended at 30 Ill. Reg. 6329, effective April 1, 2006)

 

Section 120.60  Bribes, Gifts, and Gratuities

 

a)         Employees shall not accept or request bribes as an inducement to perform or not to perform any act related to their dealings with the Department.

 

b)         Employees shall not accept any gifts or gratuities or offers of the same from offenders or releasees, persons who are known to the employee to be a relative, close associate, or friend of offenders or releasees, or from anyone who has or expects to have business dealings with the Department.

 

c)         Employees shall not intentionally solicit or accept any gift from any prohibited source in accordance with 5 ILCS 430/10.  This ban applies to spouses of and immediate family living with employees.

 

d)         Such offers shall be reported immediately in writing to the employee's supervisor.

 

(Source:  Amended at 30 Ill. Reg. 6329, effective April 1, 2006)

 

Section 120.70  Trading or Trafficking

 

Individuals shall not trade or traffic with, or aid, abet, or solicit unauthorized actions by, offenders or releasees.

 

(Source:  Amended at 30 Ill. Reg. 6329, effective April 1, 2006)

 

Section 120.80  Conflicts of Interest

 

a)         Employees shall not engage in conduct that impairs their ability to perform their duties and responsibilities in an impartial manner.  Employees shall notify their supervisor when their job duties may give rise to or be construed as a conflict of interest.

 

b)         Employees' positions at the Department shall be considered primary employment. Employees shall not accept secondary employment unless the request is approved by the Department.

 

(Source:  Amended at 30 Ill. Reg. 6329, effective April 1, 2006)

 

Section 120.90  Information to be Reported

 

a)         Employees shall immediately report to their supervisor any information indicating a violation or attempted violation of criminal laws, or a threat to the safety and security of the facility, its property or any person, including information regarding a potential escape.

 

b)         Reports shall be made verbally and, if requested or if required, reports shall be made in writing in the manner directed by the employee's supervisor.

 

(Source:  Amended at 30 Ill. Reg. 6329, effective April 1, 2006)

 

Section 120.95  Giving False Information

 

Employees who knowingly provide false information shall be subject to disciplinary action, including termination of employment.

 

(Source:  Added at 30 Ill. Reg. 6329, effective April 1, 2006)

 

Section 120.100  Violation of Rules

 

Failure to comply with any of the foregoing rules of conduct may result in discipline, termination of services, or restriction from entering all or some Department facilities.

 

(Source:  Amended at 30 Ill. Reg. 6329, effective April 1, 2006)