Section 535.10  Applicability

 

This Part applies to the Adult, Juvenile and Community Services Divisions of the Department of Corrections.

 

(Source:  Amended at 14 Ill. Reg. 6765, effective May 1, 1990)

 

Section 535.12  Definitions

 

            "Chief Administrative Officer" means the highest ranking official of a correctional facility.

 

            "Department" means the Department of Corrections.

 

            "Director" means the Director of the Department of Corrections.

 

            "Post/posted" means any means of making information available to committed persons including, but not limited to, notices, handbooks, and bulletins.

 

(Source:  Added at 14 Ill. Reg. 6765, effective May 1, 1990)

 

Section 535.15  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 temporary absence or in an emergency.

 

(Source:  Added at 14 Ill. Reg. 6765, effective May 1, 1990)

 

Section 535.17  Personal Property

 

Committed persons may only acquire personal property in accordance with provisions of this Part, 20 Ill. Adm. Code 525, or posted rules established by the Chief Administrative Officer where the committed person is assigned.

 

(Source:  Added at 14 Ill. Reg. 6765, effective May 1, 1990)

 

Section 535.20  Permit

 

 The Chief Administrative Officer of the assigned facility may require committed persons to obtain a permit for certain personal property items.  Permit requirements shall be posted.

 

(Source:  Amended at 14 Ill. Reg. 6765, effective May 1, 1990)

 

Section 535.30  Audio-Visual Equipment

 

a)         Each facility shall develop and post a list of authorized audio-visual equipment each committed person assigned to the general population may be permitted to retain.  Detachable speakers shall not be permitted except at community correctional centers as approved by the Chief Administrative Officer.

 

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 504.

 

d)         Limitations of the use of audio-visual equipment may be imposed on committed persons if the usage is disruptive to others.

 

e)         Committed persons may not possess recording devices as personal property except at community correctional centers, but may use them when required in academic or vocational programs where such use is approved by the facility and in such place and manner as is approved by the facility.

 

f)         A committed person placed in segregation shall be denied the privilege of possessing all audio-visual equipment until he is released from segregation or has his privileges restored in accordance with 20 Ill. Adm. Code 504.  His items will be returned when he signs a receipt for them.

 

g)         Any committed person in segregation for more than 60 consecutive days on the same rule infraction may submit a written request to the Chief Administrative Officer for restoration of his audio-visual privileges.  The request shall be considered only if the individual has had no disciplinary infractions in the 60- day period prior to the submission of his request.

 

h)         Any committed person in segregation who has had audio-visual privileges restored may lose them again for a subsequent disciplinary infraction.

 

i)          Any adult committed person who is placed in confinement pending investigation or disposition of a disciplinary infraction or who is confined for non-disciplinary reasons shall be allowed the same audio-visual privileges he had prior to being placed on such status.

 

j)          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 master record file.  If the committed person does not have the proper permit, disciplinary action may be taken.

 

(Source:  Amended at 14 Ill. Reg. 6765, effective May 1, 1990)

 

Section 535.40  Reading Material

 

a)         Each facility shall develop and post a list of the amount of reading material each committed person 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 14 Ill. Reg. 6765, effective May 1, 1990)

 

Section 535.50  Commissary Items and Outside Vendor Purchase

 

All personal property purchases shall be made through the commissary, where possible.  Outside vendor purchases shall be approved by and made through the facility, and such purchases shall be limited to items which 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 such items which a committed person may retain shall be limited by the Chief Administrative Officer and shall be posted.

 

(Source:  Amended at 14 Ill. Reg. 6765, effective May 1, 1990)

 

Section 535.60  Jewelry

 

A committed person may possess jewelry and shall be required to sign a statement of responsibility for such 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 14 Ill. Reg. 6765, effective May 1, 1990)

 

Section 535.70  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 which 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 14 Ill. Reg. 6765, effective May 1, 1990)

 

Section 535.80  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 person.

 

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

 

2)         The committed person shall be requested to authorize the disposition of any unapproved property, in writing, in accordance with 20 Ill. Adm. Code 501.230.

 

b)         An inventory shall be conducted in the presence of the committed person.  The committed person shall be given a copy of the inventory record and a copy shall be placed in the committed person's master record file.

 

c)         The Chief Administrative Officer shall determine what personal property shall be marked to denote ownership.

 

(Source:  Amended at 14 Ill. Reg. 6765, effective May 1, 1990)

 

Section 535.90  Procedure for Institutional Transfers

 

a)         Intra-institutional Transfer

 

1)         When a committed person's assignment to a cell, room, or dormitory is changed, the individual shall generally be responsible for identifying all personal property and packing it in the containers provided.  Unless the committed person is in a single cell or room, the packing shall be done in the presence of an employee.

 

2)         If the committed person's behavior is threatening, violent, or dangerous, the transferring officer shall cause the committed person's personal property to be packed and inventoried in the presence of a witness.

 

A)        Property of adults which is allowed in the segregation or confinement area shall be forwarded to the individual in the segregation unit or other living area in which the individual is confined, whenever possible, prior to the end of the shift on which the transfer was made.

 

B)        Property of juveniles and adult property that is not allowed in the segregation or confinement area shall be secured until such time as the committed person is released from confinement.

 

C)        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 person; a copy shall be placed in the committed person'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 facility to inform the committed person of personal property items which are not approved at the receiving facility.

 

2)         Prior to transfer, the committed person shall pack items acceptable to the receiving facility 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 501.230 prior to the transfer, whenever possible.

 

4)         A copy of the inventory record for approved property shall be given to the committed person; a copy shall be placed in the committed person'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 person's inventory record shall be checked against the one sealed in the box.  Any discrepancies shall be noted, and the employee and committed person shall sign the inventory form.  A copy of the inventory shall be maintained by the receiving facility in the personal property files and in the committed person's master record file.

 

(Source:  Amended at 14 Ill. Reg. 6765, effective May 1, 1990)

 

Section 535.100  Procedure for Temporary Absence

 

If a temporary absence is expected to be one day or less, the committed person's personal property need not be inventoried and packed, unless the committed person so requests.  The following procedures shall be implemented when the committed person 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 person requests, the committed person 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 person; a copy shall be filed in the committed person'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 commander to ensure that, before the end of the shift, an accurate inventory, preferably with a witness, is made of the committed person'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 person's master record file; a copy shall be forwarded to the committed person; 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 person's inventory slip checked against the one sealed in the box.  Any discrepancies shall be noted, and the employee and committed person shall sign the inventory report.  A copy of the inventory shall be maintained by the facility in the personal property files and in the committed person's master record file.

 

d)         For purposes of this Section, personal property of a single-celled committed person may be locked in the cell rather than placed in a container.  All other provisions of this Section shall apply.

 

(Source:  Amended at 14 Ill. Reg. 6765, effective May 1, 1990)

 

Section 535.110  Procedure for Parole or Discharge

 

a)         Prior to release on parole or discharge, it is the committed person's responsibility to pack personal property in containers provided and transport them to a designated storage area, under the supervision of a correctional employee.

 

b)         Personal property sent out prior to the release date must be inventoried; the inventory form must be signed by the witnessing correctional employee and the committed person; 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 person and a copy shall be placed in the committed person's master record file and a copy shall be retained in the facility'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 person's master record file and a copy shall be maintained in the facility's personal property files.

 

(Source:  Amended at 14 Ill. Reg. 6765, effective May 1, 1990)

 

Section 535.120  Disposal of Personal Property Items

 

a)         Committed persons shall not give, loan, sell or trade personal property items to other committed persons, except where authorized by this Part.

 

b)         The ownership of an allowable property item may not be transferred from one committed person to another while the owner is assigned to a correctional facility.

 

c)         When a committed person 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 person's master record file and a copy of the record shall be maintained by the facility in the personal property files.

 

(Source:  Amended at 14 Ill. Reg. 6765, effective May 1, 1990)

 

Section 535.130  Security of Personal Property

 

a)         Committed persons shall be responsible for their personal property which is in their possession or under their control, i.e., on their person or in their cell, living area or work area.

 

b)         Committed persons shall be responsible for maintaining a copy of inventories, permits and/or receipts issued for their personal property.

 

c)         Committed persons' 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 person does not have an inventory record, a permit and/or receipt, or which would have been subject to an inventory but does not appear itemized on the inventory.

 

(Source:  Added at 14 Ill. Reg. 6765, effective May 1, 1990)

 

Section 535.140  Unclaimed Personal Property

 

Money or personal property held for a committed person who has separated from the Department by death, discharge, or unauthorized absence and which has not been claimed by the committed person or his legal representative may be disposed of as follows:

 

a)         Unclaimed money held for a period of one year may be transferred to the Inmate Benefit Fund and be expended for the special benefit of committed persons.

 

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 persons as determined appropriate by the Chief Administrative Officer.

 

(Source:  Added at 14 Ill. Reg. 6765, effective May 1, 1990)