TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
Section 470.10 Applicability
This Part applies to all adult and juvenile correctional facilities within the Department of Corrections and to all committed persons released on parole or mandatory supervised release, discharged, or pardoned from correctional facilities within the Department. It also applies, where applicable, to committed persons released to Illinois from correctional facilities within other states.
Section 470.15 Responsibilities
a) Unless otherwise specified, the Director or Deputy Chief of Parole 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 Deputy Chief of Parole shall personally perform the duties. However, the Director or Deputy Chief of Parole may designate another person or persons to perform the duties during periods of his or her temporary absence or in an emergency.
Section 470.20 Definitions
"Department" means the Department of Corrections.
"Deputy Chief of Parole" means the highest ranking official of parole within the Operations Division of the Department.
"Director" means the Director of the Department.
"Released offender" or "releasee" means any person committed to the Department who has been released on parole, mandatory supervised release, discharged, or pardoned or any person committed to another state who has been released under the supervision of the Department in this State.
Section 470.30 Pre-release Programming
The Department shall schedule committed persons for post-incarceration programming prior to release where time and circumstances permit.
Section 470.40 Release Plans
A release plan shall be developed and approved for each offender prior to release. The approved plan shall include the address where the released offender will reside and may address such things as drug or alcohol counseling or treatment, education, employment, and medical or mental health needs.
Section 470.50 Temporary Identification Cards for Released Offenders
a) The Department shall advise committed persons that they may request, in writing, a temporary identification card that may be used as one form of identification required by the Office of the Secretary of State to obtain an Illinois Identification Card. The cost for the temporary identification card shall be $1.00.
b) The Department shall issue a temporary identification card upon release to any committed person who meets the criteria established in this Section. The temporary identification card shall expire 30 days from the date of issue and may be used for identification purposes.
c) An identification card shall only be issued by the Department in the name of the committed person exactly as shown on the committing court documents.
1) To receive an identification card the committed person shall submit a written request to his or her counselor no later than five days prior to his or her release, whenever possible, including:
A) A copy of his or her social security card and a certified copy of his or her birth certificate; and
B) An authorization for payment of the $1.00 fee from the committed person's trust fund account.
2) If the name on the birth certificate does not agree with the name on the committing court documents and social security card, the committed person shall also present an official copy of a marriage license or other court documents that authorize a legal name change to the name shown on both the committing court documents and social security card.
d) The Temporary Identification Card, distinctively labeled "Released Offender Identification" on both sides of the card, shall include:
1) The name of the Department.
2) A photograph of the committed person taken within five working days prior to his or her release.
3) The name under which the released offender was incarcerated.
4) The name of the correctional facility from which the committed person was released.
5) The date of issue.
6) The expiration date that shall be 30 days from the date of issue.
7) The status of release, that is, parole, mandatory supervised release, discharge, or pardon.
8) The released offender's signature.
9) The released offender's date of birth, sex, and physical description, including height, weight, hair color, and eye color.
10) The disclaimer statement per Section 470.50(e).
e) Any temporary identification card issued by the Department is intended to assist the released offender in the transition to the community. The Department accepts no liability for any misuse of the card and shall not be held civilly or criminally liable to anyone because of any act of any person utilizing such card issued by the Department in accordance with 730 ILCS 5/3-14-1.
Section 470.60 Release Procedures
a) Notifications of an impending release shall be made by the Department to all concerned parties, such as State's Attorney and sheriff of the committing county and of the county of release, the Prisoner Review Board, or public housing authority, in accordance with 730 ILCS 5/3-14-1 and any other applicable statutes.
b) Prior to release:
1) The committed person's master file shall be reviewed and sentence calculations shall be verified.
2) The committed person's intended residence shall be verified and approved.
3) The committed person shall be advised of and required to sign documentation of the conditions and, if applicable, special Prisoner Review Board orders for release in accordance with 730 ILCS 5/3-14-2.
4) The committed person shall be advised of his or her obligation to register with the selective service or as a sex offender, if any.
5) The committed person shall be provided with reporting instructions and, if appropriate, a temporary identification card in accordance with Section 470.50 of this Part.
Section 470.70 Supervision of Released Offenders
a) To enhance public safety and to provide a continuum of treatment and program services to assist the offender with successful reintegration into society, released offenders shall be supervised by agents of the Department until discharged or pardoned.
b) The level of supervision shall be determined by the Department based on such matters as the offender's committing offense, propensity towards violence, or leadership or affiliation with security threat groups.
c) Released offenders shall be monitored for compliance with statutory conditions of release and applicable special orders issued by the Prisoner Review Board.
Section 470.80 Assessment and Referral of Persons on Parole or Mandatory Supervised Release
a) The Department shall designate any organization licensed under 77 Ill. Adm. Code 2060.507, hereafter referred to as the designated program, to provide assessment and case management services for the Department. Such services are for any person identified as a substance abuser who is under the supervision of the Department, who has been or is scheduled to be released from a State correctional facility, and who:
1) Has received substance abuse treatment services within a Department or other facility during his or her commitment;
2) Has been identified by the Department as requiring substance abuse treatment services; or
3) May have parole conditioned upon treatment under the supervision of the designated program pursuant to Section 40-15 of the Alcoholism and Other Drug Abuse and Dependency Act [20 ILCS 301/40-15].
b) The designated program shall provide the services specified in this Section in a uniform manner to the Department throughout the State either directly or by sub-contract or referral.
c) The designated program shall have a written agreement with the Department that identifies the services to be delivered and specifies how they will be provided in relation to the operation of the Department. The designated program as defined in the contract may include, but is not limited to, the services and specifications required by this Section.
d) The designated program shall conduct an assessment in accordance with the provisions specified in 77 Ill. Adm. Code 2060.417 and as further specified by contract to determine if the releasee is likely to be rehabilitated through substance abuse treatment.
1) The designated program shall obtain the releasee's informed consent prior to the provision of services.
2) The assessment shall include, at a minimum, collection of demographic data as specified in 77 Ill. Adm. Code 2060.325(1).
A) If it is determined that the releasee has participated in a substance abuse program as part of a prior parole plan, the designated program shall request a statement from the Department.
B) This statement shall, at a minimum, summarize the releasee's parole record, including, when available, known history of the substance use, the identity of any treatment program utilized by the releasee, and any record of compliance with conditions of parole.
3) Upon completion of the assessment, the designated program shall make a recommendation to the Department or its designee relative to the releasee's substance abuse and the likelihood of the releasee's rehabilitation through substance abuse treatment.
A) Such notification to the Department shall be made to the relevant parole office and to the Deputy Chief of Parole.
B) The designated program shall send written notification to the releasee regarding the result of the assessment and its subsequent recommendation.
e) The designated program shall provide case management services that will assist the releasee with admission for treatment, assist the Department in final dispositions, and assist treatment providers in identifying and providing special treatment needs of the releasee. At a minimum, such services shall include:
1) Written notification to the Department regarding the releasee's initial or subsequent admission for treatment, which shall include: identification of the treatment program; address and telephone number of the treatment program; the name of the professional treatment staff assigned to the case; the name, address, and telephone number of the designated program staff assigned to the case if different than the treatment program; and the date of the admission for treatment;
2) Written monthly reports to the Department relative to the releasee's status in treatment; and
3) A written report summarizing the releasee's treatment and rehabilitation upon discharge from the designated program.
f) The designated program shall provide certain administrative services to the Department, which will assist in the delivery of appropriate and effective services. At a minimum, such services shall include:
1) Development and maintenance of a treatment provider network throughout the State that allows maximum accessibility to the continuum for treatment services;
2) Prioritization of clients based on clinical and community safety needs and availability of appropriate treatment;
3) Technical assistance, training, or both to licensed treatment and intervention providers on issues relevant to the delivery of services to this population; and
4) Referral of clients to the most effective services, based on a review of outcomes.
g) The designated program shall not hold a treatment license as described in 77 Ill. Adm. Code 2060.
h) Notwithstanding subsection (d), the designated program may provide supplemental, short-term services to releasees changing status within the criminal justice system, prior to placement into treatment, between treatment episodes, transitioning out of the criminal justice system, or at any other point where services may not be immediately available.
i) The designated program shall have mutual linkage agreements with any treatment program utilized for referrals that ensures communication and documentation of releasee progress in treatment.
j) The designated program shall identify all program participation criteria that the releasee must meet in order to participate in the program and the guidelines for measuring the releasee's progress in treatment.
k) All chemical test services conducted by the designated program shall be in accordance with the provision specified by the Department for testing releasees.
l) The designated program shall document all relevant justice or corrections activities related to the client's progress in treatment and status in the justice system, as well as any subsequent required actions. Procedures shall be established to communicate with the relevant justice authorities in order to maintain such documentation.
m) The designated program shall maintain releasee records in accordance with the provisions specified in 77 Ill. Adm. Code 2060.325. In addition, each releasee record shall include copies of all of the following documentation:
1) The releasee's informed consent and any other consent to release information form;
2) Results of the assessment, including psychological evaluation reports and prior treatment information relied upon in determining the releasee's substance abuse program and readiness for treatment;
3) A copy of the notification of assessment results and recommendations to the releasee, the Department, and the relevant justice authority;
4) Other correspondence, court orders, or record of judicial proceedings related to the assessment or any other case management service;
5) Treatment admission and admission notification to the Department;
6) Any chemical test results;
7) All appearances before any court or relevant justice authority;
8) Written reports from the treatment provider relative to the releasee's progress in treatment;
9) Any warning letters or jeopardy meeting reports;
10) Any case conference meeting reports; and
11) Material related to the releasee's discharge from the designated program.
n) The designated program shall establish standardized procedures for discharge of the releasee from the designated program.
1) Such procedures shall include, at a minimum:
A) The process for review of the releasee's progress in treatment to determine if a change in status is justified;
B) The specific instances that would lead to a change in the releasee's status and the procedures to be followed when such a determination is made;
C) The process that will be followed when the Department requests a reassessment of a releasee; and
D) A process to ensure that proper notice is given to the Department, the relevant justice authority, and the releasee prior to and upon successful or unsuccessful discharge from the designated program.
2) No change shall be made in a releasee's treatment plan without appropriate approval by the Department or other authority consistent with the parole or mandatory supervised release agreement. The designated program shall send written reports to the Department and relevant justice authority of discharge within:
A) Ten calendar days after successful discharge. Such reports shall contain the releasee's intended residency, if known, summary of treatment progress, and recommendations for any further treatment.
B) Three calendar days after unsuccessful discharge. Such reports shall contain the releasee's intended residency, if known, instructions for continued contact between the designated program and the Department, and the specific reasons for the unsuccessful discharge.
Section 470.90 Release Violations
a) Agents of the Department shall have the full power of peace officers in the arrest and retaking of any releasee who has violated conditions of his or her release.
b) The Department may issue a violation warrant for the apprehension of a released offender for violations of the conditions of parole. In determining whether to issue a violation warrant, the Department shall consider, among other factors, the committing offense, the frequency and seriousness of the alleged violation, the offender's adjustment and length of time under supervision, and any available alternatives.
c) Alternatives to incarceration pending a revocation hearing may include, but not be limited to: increase in the intensity of supervision, placement in a residential treatment program or half-way house; participation in an out-patient or in-patient treatment program or enrollment in a self-help group; or imposition of a curfew.