PART 2504 DISCIPLINE AND GRIEVANCES : Sections Listing

TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2504 DISCIPLINE AND GRIEVANCES


 

Section 2504.12† Definitions

 

"Chief Administrative Officer" means the highest ranking official of a youth center.

 

"Department" means the Department of Juvenile Justice.

 

"Director" means the Director of the Department of Juvenile Justice.

 

"Youth" means a person committed to the Department or to the custody of the Department.

 

Section 2504.15† 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 or her temporary absence or in an emergency.

 

Section 2504.20† Offenses and Maximum Penalties

 

Disciplinary offenses are defined in Appendix A.† Maximum penalties for conduct that constitutes a disciplinary offense are set forth in Table A.

 

a)†††††††† No youth shall be found guilty of any violation of these rules without a hearing before the Adjustment Committee or Program Unit.† If a youth is transferred from one facility to another while pending a hearing, the individual shall be provided with an opportunity to present a defense at any subsequent disciplinary hearing held at the receiving facility that is comparable to that which would have been afforded, in accordance with this Subpart, at the sending facility.

 

b)†††††††† In determining the appropriate sanctions, the Adjustment Committee or Program Unit, the Chief Administrative Officer, and the Director may consider, among other matters, mitigating or aggravating factors such as:

 

1)†††††††† The youth's mental state at the time of committing the offense;

 

2)†††††††† The extent and degree of participation in the commission of the offense;

 

3)†††††††† The amount or nature of stolen property, contraband, or injury; and

 

4)†††††††† The youth's prior disciplinary record.

 

c)†††††††† Corporal punishment, disciplinary restrictions on diet, medical or sanitary facilities, clothing, bedding, mail, or access to legal materials and reductions in the frequency of use of toilets, washbowls, and showers shall be prohibited.

 

d)†††††††† Disciplinary restrictions on visitation, work, education, or program assignments and use of the library shall be related as closely as practicable to the abuse of such privileges.† This subsection shall not apply to confinement or isolation of youth for purposes of institutional control.

 

e)†††††††† Youth are presumed to be responsible for any contraband or other property prohibited by this Part that is located on their person, within their cell or within areas of their housing, work, educational, or vocational assignment that are under their control.† Areas under a youth's control include, but are not limited to, the door track, window ledge, ventilation unit, plumbing, and the youth's desk, cabinet, shelving, storage area, bed, and bedding materials in his or her housing assignment; and desk, cubicle, work station, and locker in his or her work, educational, or vocational assignment.† If the youth produces evidence that convinces the Adjustment Committee or Program Unit that he or she did not commit the offense, the youth shall be found not guilty.

 

Section 2504.30† Preparation of Disciplinary Reports

 

a)†††††††† Every employee has the duty to observe the conduct of youth.

††††††††††† b)†††††††† If an employee observes a youth committing an offense, discovers evidence of its commission, or receives information from a reliable witness of such conduct, the employee shall promptly prepare a disciplinary report provided the conduct is such that it may result in disciplinary action that suspends privileges, involves the imposition of disciplinary confinement, delays referral to the Prisoner Review Board, or causes a change in work, education, or other program assignments of more than 7 days duration.† When the rule infraction is minor, every effort should be made to take corrective action that is adapted to individual circumstances, administered immediately and consistently, and is understood by the youth through appropriate counseling efforts.

 

c)†††††††† The disciplinary report must be fully completed.† The reporting employee shall provide the following information to the extent known or available.

 

1)†††††††† The name and register number of the youth.

 

2)†††††††† The place, time, and date of the offense.

 

3)†††††††† The offense that the youth is alleged to have committed.

 

4)†††††††† A written statement of the conduct observed.

 

5)†††††††† The names of youth, employees, and visitors who were witnesses.† The identity of witnesses may be withheld for reasons of security provided a statement to that effect and the information the confidential source provided are included on the disciplinary report to the extent the information can be included without jeopardizing security.

 

6)†††††††† The signature of the reporting employee and the date and time the report is completed.

 

d)†††††††† If a youth is suspected of committing a disciplinary offense, an investigative disciplinary report, hereinafter referred to as an investigative report, may be issued that reasonably informs the youth of the subject of the investigation to the extent that safety and security allow.

 

f)†††††††† Service of a disciplinary report upon the youth shall commence the disciplinary proceeding.† In no event shall a disciplinary report or investigative report be served upon youth more than 6 days, after the commission of an offense or the discovery thereof unless the youth is unavailable or unable to participate in the proceeding.

 

Section 2504.40† Temporary Confinement

 

a)†††††††† The shift supervisor shall determine whether or not it is necessary to place the youth in investigative status or in temporary confinement status pending a disciplinary hearing or a determination whether or not to issue a disciplinary or investigative report in accordance with Section 2504.30. †The Chief Administrative Officer shall also have the authority to release the youth from temporary confinement.† The decision to place a youth in temporary confinement may be based, among other matters, on:

 

1)†††††††† The aggressiveness of the youth;

 

2)†††††††† The threat posed to the safety and security of the facility or any person;

 

3)†††††††† The need to restrict the youth's access to general population to protect the individual from injury or to conduct the investigation; or

 

4)†††††††† The seriousness of the offense.

 

b)†††††††† A youth shall not be placed in temporary confinement status pending a disciplinary hearing for more than 4 days unless the individual is in investigative status.

 

Section 2504.50† Review of Disciplinary Reports

 

a)†††††††† The Chief Administrative Officer of each facility shall designate one or more Reviewing Officers.

 

b)†††††††† The Reviewing Officer shall review the decision to place a youth in temporary confinement within 3 days after such placement, whenever possible, and may order release from or placement in temporary confinement.† Among other matters, the factors listed in Section 2504.40(a) may be considered.† If a disciplinary or investigative report has not been written within 3 days after placement in temporary confinement, the Reviewing Officer shall inform the Chief Administrative Officer.

 

c)†††††††† A youth who receives an investigative report shall be interviewed by the Reviewing Officer in order to permit the youth an opportunity to present his or her views regarding placement in investigative status.† The interview shall be conducted within 3 days after initial placement of a youth in investigative status, whenever possible.

 

1)†††††††† The Reviewing Officer shall recommend whether to continue placement of the youth in investigative status.† Among other matters, factors listed in Section 2504.40(a) may be considered.† The Chief Administrative Officer shall make the final determination.

 

2)†††††††† The youth shall be informed of the decision and the decision shall be documented in writing.

 

3)†††††††† The youth may be detained in investigative status for up to 5 days.

 

4)†††††††† If the investigation does not indicate that the youth may be guilty of any disciplinary offense, placement in investigative status shall be terminated and the report shall be expunged from the youth's records.† A copy shall be maintained in an expungement file.† This decision shall be made by the Chief Administrative Officer and shall be documented in writing.

 

5)†††††††† If, as a result of the investigation, it is necessary to amend or modify the original charges, the youth shall be issued a revised disciplinary report.

 

6)†††††††† Upon completion of the investigation, the youth shall appear before the Adjustment Committee for a hearing on the disciplinary report unless the report has been expunged.

 

7)†††††††† In the event that an investigation cannot be completed within 5 days due to an institutional emergency, the Chief Administrative Officer may personally authorize, in writing, an extension of up to 5 days placement in confinement for juveniles pending investigation.† As used in this Section, an institutional emergency includes riots, strikes, lockdowns, and natural disasters.

 

d)†††††††† The Reviewing Officer shall review each disciplinary report and determine whether:

 

1)†††††††† The reported facts justify a disciplinary hearing.† If not, the report shall be expunged from the youth's records.† A copy shall be maintained in an expungement file.

 

2)†††††††† The disciplinary report has been completed properly.† If not, the Reviewing Officer shall make the necessary corrections or direct the reporting employee to make the corrections.† The youth shall be provided with a copy of the corrected report.† In the event the corrected report contains new charges, the youth shall be provided a copy of the corrected report at least 24 hours prior to the hearing, unless the youth waives this notice in writing.

 

3)†††††††† The offense is major or minor in nature.† Major offenses shall be assigned to the Adjustment Committee for a hearing and minor offenses shall be assigned to the Program Unit for a hearing.

 

A)††††††† Aiding and abetting, soliciting, attempting to commit, conspiring to commit, or committing any offense listed in the 100, 200, or 500 series of Table A shall be considered a major offense.

 

B)††††††† Those offenses listed in the 300 or 400 series or the aiding and abetting, soliciting, attempting to commit, or conspiring to commit any of these offenses shall be designated as major or minor based on the seriousness of the offense and factors enumerated in Section 2504.20(b).

†††††††††††

 

Section 2504.60† Adjustment Committee and Program Unit Composition

 

a)†††††††† The Chief Administrative Officer shall appoint the Adjustment Committee, which shall be composed of at least 2 members.

††††††††††† †††††††††††††††††††††††

The Chief Administrative Officer shall designate a chairperson.

 

b)†††††††† The Program Unit shall be composed of a group of employees appointed by the Chief Administrative Officer who shall serve as Hearing Officers.

 

Section 2504.70† Adjustment Committee Hearing Procedures

 

a)†††††††† The Adjustment Committee hearing shall be convened but need not be concluded within 7 days after the commission of the offense or its discovery, whenever possible, unless the youth has received a continuance or is unable or unavailable for any reason to participate in the hearing.† For purposes of this Section, when an investigation has taken place, an offense is considered to be discovered upon the conclusion of the investigation.† Inability to participate includes the absence of the youth from the facility for any reason or certification by health care staff that the youth is unable to appear.

 

b)†††††††† The youth shall receive written notice of the facts and charges being presented against him or her no less than 24 hours prior to the Adjustment Committee hearing.† The youth may waive the 24-hour advance notice.† The waiver shall be in writing.

 

c)†††††††† The youth shall be informed before or at the hearing of information that would tend to show that the youth was not guilty. If information is provided to him or her at the hearing, the youth shall, upon request, be given a continuance.

 

d)†††††††† Any person who initiated the allegations that serve as the basis for the disciplinary report, or who conducted an investigation into those allegations, or who witnessed the incident, or who is otherwise not impartial shall not serve on the Adjustment Committee hearing that disciplinary report.† A youth who objects to a member of the Committee based on a lack of impartiality must raise the matter at the beginning of the hearing. The Committee shall document the basis of the objection and the decision in the Adjustment Committee summary.

 

e)†††††††† A youth may, upon written request and for good cause shown, be granted additional time to prepare his or her defense. †If at the time of the hearing the Committee determines that the youth was unable to prepare a defense, because of a language barrier, the Committee shall automatically grant a request for a continuance for language assistance.† The committee shall then make the necessary arrangements for language assistance.† Inability to prepare a defense due to a language barrier includes, but is not limited to, a request for witnesses.

 

f)†††††††† Any youth charged with a violation of any rules shall have the right to appear before and address the Committee.† Any refusal to appear shall be documented and provided to the Committee.† However, failure to appear before or address the Committee may be adversely construed against the individual by the Adjustment Committee.

 

1)†††††††† The youth may make any relevant statement or produce any relevant documents in his or her defense.

 

2)†††††††† Prior to the hearing, the youth may request that witnesses be interviewed.† The request shall be in writing on the space provided in the disciplinary report and shall include an explanation of what the witnesses would state.† If the youth fails to make the request in a timely manner before the hearing, the individual may be granted a continuance for good cause shown.

 

g)†††††††† The Committee shall consider all material presented that is relevant to the issue of whether or not the youth committed the offense.

 

h)†††††††† The Adjustment Committee shall consider any statements of witnesses with relevant knowledge of the incident who are reasonably available.

 

1)†††††††† The Committee or its Hearing Investigator may interview witnesses and prepare or review summaries of their testimony prior to or at or subsequent to the hearing.

 

2)†††††††† The offender does not have the right to confront or cross-examine any witnesses but may submit questions for witnesses to the Committee prior to the hearing.† These questions shall be asked by the Committee or its Hearing Investigator unless found to be cumulative, irrelevant, or a threat to the safety of individuals or the security of the facility.

 

3)†††††††† A means shall be provided in each living unit for youth to submit witness request slips.† The Committee may disapprove witness requests that are not received prior to the hearing.

 

4)†††††††† Requests by youth for witnesses may be denied if their testimony would be, among other matters, irrelevant or cumulative or would jeopardize the safety or disrupt the security of the facility.† If any witness request is denied, a written reason shall be provided.

 

5)†††††††† At least one person who serves as an Adjustment Committee member shall hear the in-person testimony of the youth's witnesses where the youth makes a timely request for the witnesses or is granted a continuance to request witness testimony.† In-person testimony of the youth's witnesses shall be defined as face-to-face contact or telephonic contact by the Adjustment Committee.

 

6)†††††††† If the Adjustment Committee makes a written determination that the in-person testimony by the witness requested by the youth would undermine authority or would present potential disruption of the operations of the facility or a threat to the safety of any person or institutional safety or correctional goals, the Adjustment Committee may elect to accept the testimony through other legally permissible means, including, but not limited to, a sworn written summary of an interview of the witness or a sworn statement.

 

7)†††††††† A sworn written statement or sworn written summary of a witness' testimony is a reasonable alternative to in-person testimony if the witness' testimony will be accepted as credible and it involves verification of alleged facts, including but not limited to a witness who will testify to the authenticity of contents of a record or document, cell location, work assignment, writ status, staff work schedule, or identification.

 

8)†††††††† When testimony is presented to the Adjustment Committee in the form of a written summary or statement, a copy of the written summary or statement shall be given to the accused youth unless the Adjustment Committee finds that disclosure presents a threat to the safety of any person.

 

i)††††††††† The youth shall not have the right to either retained or appointed counsel.† The youth may request the assistance of a staff member in the preparation and presentation of his or her defense if he or she is illiterate or does not speak English or when other circumstances exist that preclude the individual from adequately preparing his or her defense.

 

j)††††††††† The Adjustment Committee shall decide whether or not the youth committed the offense based upon all relevant information and evidence.

 

1)†††††††† The Committee must be reasonably satisfied there is some evidence that the youth committed the offense for the individual to be found guilty.

 

2)†††††††† Polygraph results may be considered but may not be the sole basis for finding the youth guilty of the offense.

 

k)†††††††† The Adjustment Committee shall take one of the following actions, based upon the evidence admitted:

 

1)†††††††† Find that the youth did not commit the offense.† In that case, the Committee shall order that the disciplinary report be dismissed and expunged from the youth's record.† A copy shall be maintained in an expungement file.

 

2)†††††††† Find that further investigation is necessary to determine if the youth did or did not commit the offense and place the youth in investigative status.

 

3)†††††††† Find that additional time is needed to obtain information relative to the charge.† The hearing may be continued for a reasonable time.† However, unless the youth is placed in investigative status, the individual may not be confined for more than 7 days from the date of placement in temporary confinement.

 

4)†††††††† Find that the youth did commit the offense or a lesser offense for which the elements were included in the original charge.† The Committee may recommend one or more of the following disciplinary actions:

 

A)††††††† Reprimand the youth.

 

B)††††††† Suspend or restrict one or more privileges of the youth for a specific period of time.

 

C)††††††† Reduce the youth's grade or level.

 

D)††††††† Change the youth's program.

 

E)††††††† Change the youth's housing assignment or transfer the individual to another youth center.

 

F)†††††††† Increase the youth's security classification.

 

G)††††††† Place the youth in confinement. †A youth may not be confined for more than 7 consecutive days nor more than 15 days within a 30 day period except in cases of violence or attempted violence in accordance with Section 2504.230.† Credit shall be given for any period of pre-hearing and investigative status confinement.

 

H)††††††† Require the youth to make restitution.

 

I)†††††††† Require forfeiture of items of contraband used in the offense or possessed in violation of this Part.

 

J)†††††††† Delay referral of a youth to the Prisoner Review Board for recommended parole or aftercare.

 

5)†††††††† This Part shall in no way be construed to restrict or limit the Department's ability to administratively change a youth's job, educational, program, or housing assignment, to restrict privileges, or to transfer the youth to another facility.

 

l)††††††††† A written record shall be prepared and signed by all members of the Committee that contains:

 

1)†††††††† A summary of oral and written statements and other evidence presented.

 

A)††††††† The Committee may consider information from confidential sources if:

 

i)††††††††† It finds that his or her identity must be withheld for reasons of security; and

 

ii)†††††††† The information is reliable.

 

B)††††††† Reliability may be established by one of the following:

 

i)††††††††† The investigating officer has indicated, in writing and by his or her appearance before the Adjustment Committee, the truth of his or her report containing confidential information;

 

ii)†††††††† Corroborating testimony such as statements from other sources or polygraph results; or

 

iii)††††††† A statement by a member of the Adjustment Committee or an oral or written statement to the Adjustment Committee by supervisory or administrative staff that the individual has firsthand knowledge of the sources of information and considers them reliable on the basis of their past record of reliability.

 

C)††††††† If the identity of a source is being withheld for reasons of security, a statement to that effect and a statement that the Committee finds the information reliable must be included.† A summary of the information provided and the basis for the finding of reliability shall be documented, but need not be included in the summary based on safety and security concerns.

 

2)†††††††† If the Committee members find that the youth committed the offense, a statement as to their reasons for the finding. If exonerating evidence is presented and disregarded, the Committee must state the basis for disregarding the evidence.

 

3)†††††††† The disposition of the charges, the disciplinary action recommended, and the reasons for recommending the disciplinary action.

 

m)††††††† If the safety or security of the youth center or any person is jeopardized by certain references in the written record, they may be deleted but the fact that omissions have been made shall be noted on the summary, along with a finding that material is being deleted based on safety or security concerns.

 

n)†††††††† If the youth is found guilty, the individual shall be informed of the opportunity to appeal through the grievance procedures in 20 Ill. Adm. Code 2504.Subpart C.

 

o)†††††††† A copy of the disciplinary report and Adjustment Committee summary shall be forwarded to the Chief Administrative Officer for review and approval and a copy shall be filed in the youth's record.† The youth shall be given a copy of the Adjustment Committee summary.

 

p)†††††††† The Chief Administrative Officer shall review all Adjustment Committee dispositions. †The Deputy Director of the Juvenile Division shall review any Adjustment Committee disposition of a youth when the Committee has recommended a delay in referral of the youth to the Prisoner Review Board for more than 30 days.

 

1)†††††††† The Director, Deputy Director, or Chief Administrative Officer may take the following actions:

 

A)††††††† Confirm the recommendation in whole or in part.

 

B)††††††† Order additional or new proceedings.

 

C)††††††† Suspend or overturn the recommendation.

 

D)††††††† Offer the youth a work assignment which, if accepted and satisfactorily completed, will result in reduction of original disciplinary sanctions.

 

2)†††††††† The Director, Deputy Director, or Chief Administrative Officer shall not increase the sanctions recommended by the Adjustment Committee, but he or she may reduce them.† The youth shall be sent a copy of any modification to the Adjustment Committee recommendations.

 

Section 2504.80† New or Additional Proceedings

 

a)†††††††† The Director, Deputy Director, or Chief Administrative Officer shall remand the decision to the Adjustment Committee for new proceedings if the proceedings are found to be defective due to:

 

1)†††††††† Inadequate notice, including failure to state the correct date of the offense on the disciplinary report or failure to provide the youth with 24-hour notice of the hearing and such notice was not waived.

 

2)†††††††† Lack of impartiality of the Adjustment Committee.

 

3)†††††††† Improper exclusion of witnesses.

 

4)†††††††† Failure to provide exonerating information to the youth prior to the hearing.

 

b)†††††††† New or additional proceedings may be ordered in other circumstances, as determined by the Director, Deputy Director, or Chief Administrative Officer.

 

1)†††††††† The youth shall be provided with notice of the rehearing within a reasonable time after the Chief Administrative Officer's decision or the youth center's receipt of the decision.

 

2)†††††††† The rehearing shall commence within 7 days after the Chief Administrative Officer's decision or the youth center's receipt of the decision, whenever possible.

 

3)†††††††† The procedures on remand shall be conducted in accordance with the procedures governing the hearing on the original charge.

 

c)†††††††† The Director, Deputy Director, or Chief Administrative Officer may remand the decision to the Adjustment Committee for additional documentation, correction, or clarification of the Adjustment Committee summary, including the statement of reasons for excluding witnesses, the basis for the finding of guilt and imposition of sanctions, statement of reasons for deeming sources to be confidential, or the failure to specify reasons for finding a confidential source to be reliable.

 

1)†††††††† The youth shall not have the right to a new hearing, but shall be notified of the decision.

 

2)†††††††† After the Adjustment Committee has amended its summary, it shall be forwarded to the Chief Administrative Officer and then to the Director in accordance with the procedures applicable to review of the original disposition.

 

d)†††††††† Upon remand, sanctions greater than those imposed at the original hearing shall not be permitted unless the youth is charged with a different offense that provides for a greater penalty than provided for under the original charge or new evidence is produced which was not available at the original hearing which justifies the imposition of greater punishment.† However, this does not prohibit the youth from being found guilty and disciplined on remand when the Adjustment Committee had erroneously dismissed the disciplinary report on procedural grounds.

 

Section 2504.90† Program Unit Hearing Procedures

 

a)†††††††† The Program Unit hearing shall be convened, but need not be concluded, within 7 days after the commission of the offense or its discovery, whenever possible, unless the youth is unable to participate in the hearing.

 

b)†††††††† The youth shall receive written notice of the facts and charges being presented against him or her prior to the hearing.

 

c)†††††††† Any person who initiated the allegations that serve as the basis for the disciplinary report, or who conducted a formal investigation into those allegations, or who witnessed the incident, or who is otherwise not impartial shall not conduct a hearing on that report.

 

d)†††††††† The hearing may be continued to obtain additional information or upon the youth's written request and for good cause shown.

 

e)†††††††† The youth shall have the right to appear before and address the Program Unit Hearing Officer.

 

f)†††††††† The Program Unit Hearing Officer may call witnesses and review any information relevant to the charge.

 

g)†††††††† The youth shall not have the right to retained or appointed counsel.† The youth may request the assistance of a staff member in the preparation of his or her defense if the individual is illiterate or does not speak English or when other circumstances exist that preclude the individual from adequately preparing his or her defense.

 

h)†††††††† The Program Unit Hearing Officer may return a disciplinary report to the Chief Administrative Officer with a recommendation for a hearing before the Adjustment Committee.† The factors listed in Section 2504.20(b) shall be considered when making this determination.

 

1)†††††††† If approved by the Chief Administrative Officer, a hearing before the Adjustment Committee shall commence within 7 days after the approval, whenever possible.

 

2)†††††††† If not approved, the disciplinary report shall be referred back for a hearing before the Program Unit which shall commence within 7 days after the decision not to approve the recommendation, whenever possible.

 

i)††††††††† The Program Unit Hearing Officer may recommend any of the actions authorized in Section 2504.70(k) of this Part except that the Officer may not recommend placement in segregation or confinement, delay in referral of a youth to the Prisoner Review Board for recommended parole or aftercare, an increase in the youth's security classification, or transfer to another youth center.

 

j)††††††††† A record shall be signed by the Hearing Officer that contains a summary of oral and written statements and other evidence presented, the decision, and the disciplinary action recommended.

 

k)†††††††† The summary shall be processed in accordance with Sections 2504.70(o) and (p) and 2504.80 of this Part.

 

Section 2504.100† Computation of Discipline for Multiple Offenses

 

a)†††††††† When a youth has been found in violation of more than one offense arising from a single incident, the maximum penalty shall not exceed the maximum penalty for the most serious offense the individual is found to have committed.

 

b)†††††††† When a youth has been found in violation of more than one offense arising from separate incidents, the maximum penalty for each offense may be imposed, and such penalties shall run consecutively.† For example, a youth who is found guilty of assaulting several persons within a short period of time has committed multiple offenses that would be punishable consecutively.

 

Section 2504.110† Restitution Procedures

 

a)†††††††† The Adjustment Committee or Program Unit may recommend that the youth make restitution in any amount not to exceed costs incurred or damages sustained by any person, entity, or state as a result of the disciplinary offense, including expenses for investigating the matter and processing the disciplinary report.† The Adjustment Committee or Program Unit shall document the amount and the conditions of payment.

 

b)†††††††† If the Adjustment Committee or Program Unit determines that restitution is appropriate, it shall ask the youth to authorize disbursement from his or her trust fund or from any other account.

 

1)†††††††† If the youth agrees to make restitution the individual shall sign an authorization for disbursement of funds either to the State or to the appropriate individual.

 

2)†††††††† If the youth refuses to authorize disbursement of his or her current funds or future earnings in accordance with the Adjustment Committee's or Program Unit's recommendation, the Adjustment Committee or Program Unit may recommend that a hold be placed on the individual's account for such amount, and may further recommend that the individual's commissary privileges or other expenditures, be suspended in whole or in part for a definite period of time. However, the youth shall be permitted to retain a sufficient amount of funds to purchase basic personal hygiene items if such items are not provided by the youth center.

 

c)†††††††† The Adjustment Committee or Program Unit may consider the youth's willingness to make restitution in imposing any other disciplinary sanctions.

 

d)†††††††† A youth shall not be subjected to greater punishment because he or she is without funds and therefore unable to make restitution.

 

e)†††††††† In the event a youth is released prior to full payment of restitution, arrangements shall be made for payment of the balance of the authorized restitution.† If the youth did not authorized restitution, all or a portion of the grant money provided for in 20 Ill. Adm. Code 2502.320 may be suspended.

 

Section 2504.150† Restoration of Good Time

 

Good time which has been revoked may be restored in accordance with 20 Ill. Adm. Code 107.160.

 

Section 2504.210† Definitions

 

"Chief Administrative Officer" means the highest ranking official of a youth center.

 

"Confinement" means an extended period of restriction in a room, isolated from other youth.

 

"Department" means the Department of Juvenile Justice.

 

"Director" means the Director of the Department of Juvenile Justice.

 

"Youth" means a person committed to the Department or to the custody of the Department.

 

Section 2504.215† 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 or her temporary absence or in an emergency.

 

Section 2504.220† Placement in Confinement

 

a)†††††††† Confinement may be imposed only under the following conditions:

 

1)†††††††† When an youth has committed or is under investigation for commission of a rule violation;

 

2)†††††††† When the behavior of the youth poses a serious threat to his or her own safety, the safety of others, or the security of the facility; or

 

3)†††††††† When a youth is awaiting transfer to a more secure setting.

 

b)†††††††† Youth may be confined in their rooms or living areas or in any other area designated by the Chief Administrative Officer.

 

Section 2504.230† Confinement Procedures

 

a)†††††††† A youth confined to his or her room for 24 hours or more shall be interviewed daily by his or her counselor or any other staff member approved by the Chief Administrative Officer.

 

b)†††††††† Confinement may not exceed 7 consecutive days or 15 days in any 30 day period except in cases of violence or attempted violence against another person, assault or attempted assault of a person, or damage or attempted damage of property.† Under such circumstances, an additional period of confinement may be ordered by the Chief Administrative Officer.

 

c)†††††††† Medical staff and the shift supervisor shall be notified of all confinement placements.† Any medical complaint registered by the youth while in confinement shall be reported immediately to the medical staff, if on duty, or to the shift supervisor who shall contact a member of the medical staff immediately.

 

d)†††††††† Visual checks shall be made of all youth in confinement no less than every 15 minutes and shall be documented.

 

e)†††††††† Use of physical restraints on youth in confinement must comply with 20 Ill. Adm. Code 2501.Subpart B.

 

f)†††††††† Youth in confinement shall be provided time outside the room for daily showers, personal grooming, and recreation.

 

1)†††††††† Youth confined for more than 24 hours shall be provided a minimum of 2 hours outside the room for every 24-hour period, whenever possible.

 

2)†††††††† Time outside a confinement room may be restricted on orders of the Chief Administrative Officer when release of the youth poses a threat to the safety of the individual or others or to the security of the facility.

 

g)†††††††† Youth in confinement shall be permitted to have family, attorney, and clergy visits.† Family and clergy visits may be restricted by order of the Chief Administrative Officer when the youth poses a threat† to the physical safety of the individual or others or to the security of the youth center.

 

h)†††††††† Reading materials shall be provided to the youth for use in the room provided the materials are not abused.† Youth shall be provided access to writing materials daily, outside the room.† Any abuse of reading or writing materials must be documented on a disciplinary report and may result in temporary restriction except for communication to counsel or the court.

 

Section 2504.302† Definitions

 

"Chief Administrative Officer" means the highest ranking official of a youth center.

 

"Department" means the Department of Juvenile Justice.

 

"Director" means the Director of the Department of Juvenile Justice.

 

"Facility ADA Coordinator" means the person or persons designated by the Chief Administrative Officer to coordinate efforts of the youth center in carrying out its responsibilities under Title II of the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.).

 

"Youth" means a person committed to the Department or to the custody of the Department.

 

Section 2504.305† 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 or her temporary absence or in an emergency.

 

Section 2504.310† Filing of Grievances

 

a)†††††††† A youth shall first attempt to resolve incidents, problems, or complaints other than complaints concerning disciplinary proceedings through his or her counselor.† If a youth is unable to resolve the complaint informally or if the complaint concerns a disciplinary proceeding, the individual may file a written grievance on a grievance form that shall be made available in all living units. A grievance shall be filed within 60 days after the discovery of the incident, occurrence, or problem that gives rise to the grievance.† However, if a youth can demonstrate that a grievance was not timely filed for good cause, the grievance shall be considered.† The grievance procedure shall not be utilized for complaints regarding decisions that are outside the authority of the Department, such as parole or aftercare decisions, clemency, or orders regarding length of sentence or decisions that have been rendered by the Director.

 

b)†††††††† The grievance form shall be addressed to the Grievance Officer and shall be deposited in the living unit mailbox or other designated repository. †The grievance shall contain factual details regarding each aspect of the youth's complaint, including what happened, when, where, and the name of each person who is the subject of or who is otherwise involved in the complaint.† This provision does not preclude a youth from filing a grievance when the names of individuals are not known, but the youth must include as much descriptive information about the individual as possible.

 

c)†††††††† Staff assistance shall be available as requested by those youth who cannot prepare their grievances unaided as determined by institutional staff.

 

1)†††††††† All youth shall be entitled to file grievances regardless of their disciplinary status or classification.

 

2)†††††††† Each youth center shall take reasonable steps to ensure that the grievance procedure is accessible to youth who are impaired, disabled, or unable to communicate in the English language.

 

d)†††††††† Youth shall be informed of the grievance procedure at the admitting facility and may request further information regarding the procedure from their counselors.

 

1)†††††††† The written procedure shall be available to all youth.

 

2)†††††††† A youth unable to speak or read the English language may request that the procedure be explained in the individual's own language.

 

Section 2504.320† Grievance Officer

 

a)†††††††† The Chief Administrative Officer shall appoint 2 or more employees who may serve as a Grievance Officer to attempt to resolve problems, complaints, and grievances that youth have been unable to resolve through routine channels.

 

b)†††††††† No person who is directly involved in the subject matter of the grievance or who was a member of the Adjustment Committee that heard a disciplinary report concerning the grievance may serve as the Grievance Officer reviewing that particular case.

 

Section 2504.330† Grievance Procedures

 

a)†††††††† A Grievance Officer shall review grievances at least weekly, provided that one or more grievances have been filed. †Grievances on issues that are deemed without merit may be returned as denied to the sender without further investigation.† No merit grievances include grievances that:

 

1)†††††††† Have previously been addressed for which there is no additional information; or

 

2)†††††††† Are on issues that do not involve or affect the youth.

 

b)†††††††† The Grievance Officer shall promptly submit a copy of any grievance alleging discrimination based on disability or a request for an accommodation based upon disability to the facility ADA Coordinator. The facility ADA Coordinator shall conduct such investigation as deemed appropriate and make written recommendations to the Chief Administrative Officer for resolution of the grievance.

 

c)†††††††† A youth may be afforded an opportunity to appear before the Grievance Officer unless the grievance is deemed without merit.† The Officer may call witnesses as deemed appropriate.

 

d)†††††††† The Grievance Officer shall consider the grievance and report his or her findings and recommendations in writing to the Chief Administrative Officer.† The Chief Administrative Officer shall advise the youth of the decision in writing within 2 months after receipt of the written grievance, where reasonably feasible under the circumstances. †Responses to duplicate grievances on issues that are currently being grieved may be combined in one response.

 

Section 2504.340† Emergency Procedures

 

A youth may request a grievance be handled on an emergency basis by forwarding the grievance directly to the Chief Administrative Officer.

 

a)†††††††† If the Chief Administrative Officer determines that there is a substantial risk of imminent personal injury or other serious or irreparable harm to the youth, the grievance shall be handled on an emergency basis.

 

b)†††††††† The Chief Administrative Officer shall expedite processing of the grievance and respond to the youth, indicating what action shall be or has been taken.

 

Section 2504.350† Appeals

 

a)†††††††† If, after receiving the response of the Chief Administrative Officer, the youth still feels that the problem, complaint or grievance has not been resolved to his or her satisfaction, he or she may appeal in writing to the Director within 30 days after the date of the decision.† Copies of the Grievance Officer's report and the Chief Administrative Officer's decision should be attached.

 

b)†††††††† The Director shall review the grievance and the responses of the Grievance Officer and Chief Administrative Officer and shall determine whether the grievance requires a hearing before the Administrative Review Board.† If it is determined that the grievance is without merit or can be resolved without a hearing, the youth shall be advised of this disposition, in writing.

 

c)†††††††† An Administrative Review Board shall be appointed by the Director.† One member of the Board may be a citizen from the community.† A Department member shall be designated as chairperson.

 

d)†††††††† The Administrative Review Board shall meet as frequently as necessary and may schedule hearings on grievances.† Hearings may be conducted in person or via video or telephonic conference. The Board may call witnesses or examine records at its discretion.

 

e)†††††††† The Administrative Review Board shall submit to the Director a written report of its findings and recommendations.

 

f)†††††††† The Director shall review the findings and recommendations of the Board and make a final determination of the grievance within 6 months after receipt of the appealed grievance, where reasonably feasible under the circumstances.† The youth shall be sent a copy of the Director's decision.

 

g)†††††††† In those instances where a youth is appealing a grievance determined by the Chief Administrative Officer to be of an emergency nature, the Administrative Review Board shall expedite processing of the grievance.

 

Section 2504.360† Records

 

Records regarding the filing and disposition of grievances shall be maintained in the youth's master file.

 

Section 2504.370† Direct Review by Administrative Review Board

 

a)†††††††† Youth shall submit grievances directly to the Administrative Review Board when grieving:

 

1)†††††††† Decisions regarding the involuntary administration of psychotropic medication.

 

2)†††††††† Decisions regarding disciplinary proceedings that were made at a youth center other than the youth center where the youth is currently assigned.

 

3)†††††††† Other issues except personal property issues that pertain to a youth center other than the youth center where the youth is currently assigned.

 

b)†††††††† The Administrative Review Board shall review and process the grievance in accordance with Section 2504.350.

 

Section 2504.400† Applicability

 

This Subpart applies to persons committed to the Department of Juvenile Justice who have been released from youth centers and are under the supervision of the Department.

 

Section 2504.405† Definitions

 

"Department" means the Department of Juvenile Justice.

 

"Director" means the Director of the Department of Juvenile Justice.

 

"Facility ADA Coordinator" means the person or persons designated by the Director to coordinate efforts of the facility in carrying out its responsibilities under Title II of the Americans With Disabilities Act (42 USC 12101 et seq.).

 

"Aftercare Supervisor" means the supervisor of an Aftercare Specialist or a geographic area within the Department.

 

"Releasee" means any person committed to the Department who has been released under conditional supervision in Illinois due to parole, aftercare or mandatory supervised release, but who has not yet been discharged from a correctional facility.

 

Section 2504.410† Responsibilities

 

a)†††††††† Unless otherwise specified, the Director or Aftercare Supervisor 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 Aftercare Supervisor shall personally perform the duties.† However, the Director or Aftercare Supervisor may designate another person or persons to perform the duties during periods of his or her temporary absence or in an emergency.

 

Section 2504.420† Filing of Grievances

 

a)†††††††† Releasees who have been unable to resolve complaints or problems through aftercare staff may file a written grievance with the Aftercare Supervisor.† A grievance shall be filed within 60 days after the discovery of the incident, occurrence, or problem which gives rise to the grievance.† However, if a releasee can demonstrate that a grievance was not timely filed for good cause, the grievance shall be considered.† Complaints or problems regarding the revocation of release status, clemency, or orders regarding the length of sentence or decisions that have been rendered by the Director are not reviewable under this procedure.

 

b)†††††††† The grievance shall contain factual details regarding each aspect of the releasee's complaint, including what happened, when, where, and the name of each person who is the subject of or who is otherwise involved in the complaint.† This provision does not preclude a releasee from filing a grievance when the names of individuals are not known, but the releasee must include as much descriptive information about the individual as possible.

 

Section 2504.430† Review of Grievances

 

a)†††††††† The Aftercare Supervisor shall promptly submit a copy of any grievance alleging discrimination or a request for an accommodation based on disability to the facility ADA Coordinator. The facility ADA Coordinator shall conduct such investigation as deemed appropriate and make written recommendations to the Aftercare Supervisor for resolution of the grievance.

 

b)†††††††† The Aftercare Supervisor shall interview the releasee, unless the grievance is deemed without merit, and shall evaluate and respond to the grievance in writing within 2 months, where reasonably feasible under the circumstances.† Grievances on issues that are deemed without merit may be returned to the sender as denied without further review.† No merit grievances include grievances that have previously been addressed for which there is no additional information or that are on issues that do not involve or affect the releasee.† Copies of the grievance and response shall be retained in the releasee's case file.

 

Section 2504.440† Appeals

 

a)†††††††† The releasee may, if not satisfied with the results of the grievance, submit a written appeal within 30 days after the date of the decision to:

 

Director

Department of Juvenile Justice

1301 Concordia Court, P.O. Box 19277

Springfield, Illinois 62794-9277

 

b)†††††††† The Director shall review the grievance and submit a written response to the releasee within 6 months after receipt of the appealed grievance, where reasonably feasible under the circumstances.


Section 2504.APPENDIX A ††Offense Numbers and Definitions

 

100.†††† VIOLENT ASSAULT OF ANY PERSON

Causing a person or an object to come into contact with another person in a deadly manner or in a manner that results in or is likely to result in serious bodily injury.†

101.†††† ARSON

Setting fire in any location whether public or private, including, but not limited to, any part of the facility, its grounds, or State vehicles.†

102.†††† ASSAULTING ANY PERSON

Causing a person, substances, or an object to come into contact with another person in an offensive, provocative, or injurious manner or fighting with a weapon.†

103.†††† BRIBERY & EXTORTION

Demanding or receiving anything of value in exchange for protection, to avoid bodily injury, or through duress or pressure.† Giving or receiving money or anything of value to violate State or federal law or to commit any act prohibited under this Part.†

104.†††† DANGEROUS CONTRABAND

Possessing, manufacturing, introducing, selling, supplying to others, or using without authorization any explosive, acid, caustic material for incendiary devices, ammunition, dangerous chemical, escape material, knife, sharpened instrument, gun, firearm, razor, glass, bludgeon, brass knuckles, cutting tools, tools which may be used to defeat security measures such as hacksaw blades, keys, and lock picks, any other dangerous or deadly weapon or substance of like character, or any object or instrument that is made to appear to be or could be used as a deadly or dangerous weapon or substance.†

105.†††† DANGEROUS DISTURBANCES

Causing, directing, or participating in any action or group activity that may seriously disrupt activities or endanger the facility, persons, or property, including the taking or holding of hostages by force or threat of force and engaging in prohibited group activities such as work stoppages or hunger strikes.†

106.†††† ESCAPE OR RUNAWAY

For escape of a felon or runaway of a juvenile delinquent, leaving or failing to return to lawful custody without authorization, including the failure to return from furlough, leave, or authorized absence within 2 hours after the designated time.†

107.†††† SEXUAL MISCONDUCT

Engaging in sexual intercourse, sexual conduct, or gesturing, fondling, or touching done to sexually arouse, intimidate, or harass either or both persons; or engaging in any of these activities with an animal.†

108.†††† SEXUAL ASSAULT

Causing unwilling contact between the sex organ of one person and the sex organ, mouth, or anus of another person or any intrusion of any part of the body of one person or object into the sex organ or anus of another person by use of force or threat of force, including pressure, threats, or any other actions or communications by one or more persons to force another person to engage in a partial or complete sexual act.

109.†††† ELECTRONIC CONTRABAND

Possessing, selling, receiving, supplying to others, or using without authorization any electronic device, video recording device, computer, or cellular communications equipment, including, but not limited to, cellular telephones, cellular telephone batteries, pagers, computers, and computer peripheral equipment.

110.†††† IMPEDING OR INTERFERING WITH AN INVESTIGATION

Obstructing, impeding, or refusing to provide information relevant to an investigation.

201.†††† CONCEALMENT OF IDENTITY

Wearing a disguise or a mask, impersonating another, or otherwise concealing one's identity.†

202.†††† DAMAGE OR MISUSE OF PROPERTY

Destroying, damaging, removing, altering, tampering with, or otherwise misusing property belonging to the State, another person, or entity, including the obstruction of locks or security devices, destroying or tampering with bar codes or identification cards, or the use of another person's identification card.

203.†††† DRUGS AND DRUG PARAPHERNALIA

Possessing, manufacturing, introducing, selling, supplying to others, or receiving alcohol, any intoxicant, inhalant, narcotic, syringe, needle, controlled substance, or marijuana; or being under the influence of any of the above substances; or refusing to be tested for drug or alcohol use, including failure to provide a specimen within 2 hours after the request; or destroying or tampering with drug or alcohol tests or testing equipment.† This offense includes medication misuse, for example, the possession or use of unauthorized amounts of prescribed medication, or selling or supplying prescribed medication to others.†

204.†††† FORGERY

Forging, counterfeiting, or reproducing without authorization any document, article of identification, money, security, or official paper.†

205.†††† SECURITY THREAT GROUP OR UNAUTHORIZED ORGANIZATIONAL ACTIVITY

Engaging, pressuring, or authorizing others to engage in security threat group or unauthorized organizational activities, meetings, or criminal acts; displaying, wearing, possessing, or using security threat group or unauthorized organizational insignia or materials; or giving security threat group or unauthorized organizational signs.† Unauthorized organizational activity shall include engaging in the above activities by or on behalf of an organization that has not been approved pursuant to 20 Ill. Adm. Code 445 or 450.

206.†††† INTIMIDATION OR THREATS

Expressing by words, actions, or other behavior an intent to injure any person or property that creates the reasonable belief that physical, monetary, or economic harm to that person or to another will result.†

207.†††† POSSESSION OF MONEY

Possessing or causing to be brought into the facility any coin, currency, or other negotiable instrument without authorization or for residents of transition centers, failure to promptly submit all income to center staff, including wages, tips, gifts, or any check for social security, disability, veteranís benefits, grants, scholarships, or loans.†

208.†††† DANGEROUS COMMUNICATIONS

Engaging in verbal or written communication that is likely to encourage violence against persons or that is likely to disrupt or endanger the safety and security of the facility, including, but not limited to, escape plans and manufacture of weapons.

209.†††† DANGEROUS WRITTEN MATERIAL

Possessing or causing to be brought into the facility written material that presents a serious threat to the safety and security of persons or the facility, including, but not limited to, written material relating to methods of escape and the manufacture of weapons.

210.†††† IMPAIRMENT OF SURVEILLANCE

Using curtains, coverings, or any other matter or object in an unauthorized manner that obstructs or otherwise impairs the line of vision into an offenderís cell or room or which obstructs or otherwise impairs any viewing panel or surveillance equipment, both audio and visual, within the facility.

211.†††† POSSESSION OR SOLICITATION OF UNAUTHORIZED PERSONAL INFORMATION

Possessing or soliciting unauthorized personal information regarding another offender, releasee, employee, or former employee, including, but not limited to, personnel files, master files, medical or mental health records, photographs, social security numbers, home addresses, financial information, or telephone numbers except as authorized by a court order or as approved in writing by the Chief Administrative Officer.

212.†††† FRIVOLOUS LAWSUIT

A pleading, motion, or other paper filed by the offender for which the court, in accordance with 730 ILCS 5/3-6-3, has found to be frivolous.

213.†††† FAILURE TO REVEAL ASSETS

For adult offenders and juvenile offenders tried as adults, failing to fully cooperate in revealing financial assets on the form provided, including tangible and intangible property and real and personal property; providing false or inaccurate information regarding financial assets or dependants on the forms provided; or refusing to cooperate in revealing financial assets on the form provided.

301.†††† FIGHTING

Fighting with another person in a manner that is not likely to cause serious bodily injury to one or the other and that does not involve the use of a weapon.†

302.†††† GAMBLING

Operating or playing a game of chance or skill for anything of value, making a bet upon the outcome of any event, or possessing any gambling device.† This shall include participating in any lottery.

303.†††† GIVING FALSE INFORMATION TO AN EMPLOYEE

Lying or knowingly providing false information to an employee, either orally or in writing.†

304.†††† INSOLENCE

Talking, touching, gesturing, or other behavior that harasses, annoys, or shows disrespect.

305.†††† THEFT

Taking property belonging to another person or entity or the facility without the owner's authorization.†

306.†††† TRANSFER OF FUNDS

Causing money to be transferred from one trust fund to another or through an outside source to the account of another offender or entering into contracts or credit agreements without written approval from the Chief Administrative Officer.

307.†††† UNAUTHORIZED MOVEMENT

Being anywhere without authorization or being absent from where required to be or returning late or not traveling directly to or from any authorized destination without prior staff approval.†

308.†††† CONTRABAND OR UNAUTHORIZED PROPERTY

Possessing, giving, loaning, receiving, or using property that an offender has no authorization to have or to receive and that was not issued to the individual through regular procedures, including the unauthorized possession of food or clothing or the possession of property in excess of that which is authorized by the facility; or property that has been altered from its original state.†

309.†††† PETITIONS, POSTINGS, AND BUSINESS VENTURES

Writing, signing, or circulating a petition without authorization; unauthorized distributing or posting of any printed or written materials, including surveys; engaging in an unauthorized business venture; or representing oneself as a corporation or official of a corporation without authorization.†

310.†††† ABUSE OF PRIVILEGES

Violating any rule regarding visits, mail, the library, yard, commissary, telephone, or recreational activities.† This includes corresponding or communicating with a victim, a victim's family member, or any other person after the offender has received notice that such person has informed the Department that he or she does not wish to receive correspondence from the offender.† However, if the conduct also constitutes a violation of federal or State law, a committed person may also be charged under #501.

311.†††† FAILURE TO SUBMIT TO MEDICAL OR FORENSIC TESTS

Willfully refusing to submit to, or cooperate with, testing, examinations, or the provision of samples required by court order, State law, or current standards of public health and safety, including the refusal to submit to annual tuberculosis screening and mandatory HIV or DNA testing.

402.†††† HEALTH, SMOKING, OR SAFETY VIOLATIONS

Smoking in an unauthorized area; tattooing or body piercing, including, but not limited to, piercing of the ear, nose, or lip; or disregarding basic hygiene of any person, cell, living or work area, or other place in the facility or its grounds.

403.†††† DISOBEYING A DIRECT ORDER

Willfully refusing or neglecting to comply with an order, including the refusal to participate in educational testing; to accept a work, educational, or housing assignment; or to perform a work assignment.†

404.†††† VIOLATION OF RULES

Willfully disobeying any rule of the facility.† If the specific offense is stated elsewhere in this Part, a committed person may not be charged with this offense.† The rule violated must be specified in the disciplinary report.†

405.†††† FAILURE TO REPORT

Failure to report for a work, educational, or program assignment or for transport.

406.†††† TRADING OR TRAFFICKING

Trading or trafficking with any person.†

501.†††† VIOLATING STATE OR FEDERAL LAWS

Committing any act that would constitute a violation of State or federal law.† If the specific offense is stated elsewhere in this Part, an offender may not be charged with this offense except as otherwise provided in this Section.† The State or federal offense must be specified in the disciplinary report.†

601.†††† AIDING AND ABETTING, ATTEMPT, SOLICITATION, OR CONSPIRACY

Aiding and abetting any person in the commission of any of these offenses; attempting to commit any of these offenses; making plans to commit any of these offenses; soliciting another to commit any of these offenses; or conspiring to commit any of these offenses shall be considered the same as the commission of the offense itself and shall carry the penalty prescribed for the underlying offense.†


Section 2504.TABLE A† †Maximum Penalties for Youth

 

Offense

Maximum Penalties for Youth

Loss or Restriction of Privileges

Confinement

Good Time Revocation

Delay in Recommendation to PRB

100.† Violent Assault of any Person

1 year

1 month

1 year

1 year

101.† Arson

1 year

1 month

1 year

1 year

102.† Assaulting any Person

1 year

1 month

1 year

1 year

103.† Bribery & Extortion

6 months

1 month

1 year

1 year

104.† Dangerous Contraband

2 months

1 month

1 year

1 year

105.† Dangerous Disturbance

6 months

1 month

1 year

1 year

106.† Escape or Runaway

1 year

1 month

1 year

1 year

107.† Sexual Misconduct

6 months

1 month

1 year

1 year

108.† Sexual Assault

1 year

1 month

1 year

1 year

109.† Electronic Contraband

6 months

1 month

1 year

1 year

110.† Impeding or Interfering with an Investigation

6 months

1 month

6 months

6 months

201.† Concealment of Identity

6 months

1 month

1 month

1 month

202.† Damage or Misuse of Property

1 month

1 month

1 month

1 month

203.† Drugs and Drug Paraphernalia

2 months

1 month

3 months

3 months

204.† Forgery

1 month

1 month

1 month

1 month

205.† Security Threat Group or Unauthorized Organizational Activity

2 months

1 month

6 months

6 months

206.† Intimidation or Threats

1 month

1 month

1 month

1 month

207.† Possession of Money

4 months

1 month

1 month

1 month

208.† Dangerous Communications

2 months

1 month

6 months

6 months

209.† Dangerous Written Material

2 months

1 month

6 months

6 months

210.† Impairment of Surveillance

2 months

1 month

6 months

6 months

211.† Possession or Solicitation of Unauthorized Personal Information

2 months

1 month

6 months

6 months

212.† Frivolous Lawsuit

0 days

0 days

6 months

0 days

213.† Failure To

†††††††† Reveal Assets

2 months

1 month

6 months

6 months

301.† Fighting

2 months

1 month

2 months

2 months

302.† Gambling

1 month

2 days

1 month

1 month

303.† Giving False Information to an Employee

1 month

7 days

6 months

6 months

304.† Insolence

1 month

7 days

1 month

1 month

305.† Theft

2 months

5 days

3 months

3 months

306.† Transfer of Funds

3 months

5 days

3 months

3 months

307.† Unauthorized Movement

1 month

5 days

1 month

1 month

308.† Contraband or Unauthorized Property

2 months

5 days

2 months

2 months

309.† Petitions, Postings, and Business Ventures

2 months

0 days

0 days

2 months

310.† Abuse of Privileges

2 months

3 days

0 days

2 months

311.† Failure to Submit to Medical or Forensic Tests

2 months

3 days

0 days

2 months

402.† Health, Smoking, or Safety Violations

1 month

2 days

1 month

1 month

403.† Disobeying a Direct Order

1 month

3 days

15 days

15 days

404.† Violation of Rules

1 month

2 days

0 days

1 month

405.† Failure to Report

1 month

3 days

15 days

15 days

406.† Trading or Trafficking

1 month

3 days

15 days

15 days

501.† Violating State or Federal Laws

2 months

1 month

1 year

1 year

601.† Aiding and Abetting, Attempt, Solicitation, or Conspiracy

Same as underlying offense

Same as underlying offense

Same as underlying offense

Same as underlying offense