Section 455.10  Applicability

 

This Part applies to the Community Services Divisions.

 

(Source:  Amended at 46 Ill. Reg. 19990, effective December 3, 2022)

 

Section 455.20  Definitions

 

"Permanent party resident" means an individual in custody who has been transferred from an adult facility to a community correctional center on a work assignment.

 

"Regular resident" means an individual in custody who has been transferred from an adult facility to a community correctional center prior to the individuals release date for purposes authorized under 730 ILCS 5/3-13-2.

 

(Source:  Amended at 46 Ill. Reg. 19990, effective December 3, 2022)

 

Section 455.30  Eligibility Criteria

 

Individuals in Custody who meet the following criteria may submit a request for consideration for placement in a community correctional center to designated program staff.

 

a)         To be considered for placement, the individual in custody must:

 

1)         Not be serving a sentence for murder, any Class X felony, attempted murder, voluntary manslaughter, aggravated kidnapping, kidnapping, indecent liberties with a child or arson.

 

2)         Not have any documented involvement in organized crime activities; and

 

3)         Not have any documented large scale narcotics trafficking.

 

b)         For pre-release placement as a regular resident, the individual in custody must:

 

1)         Have no more than 30 months and no less than two months remaining prior to the individuals' release date.

 

2)         Be in "A" grade (20 Ill. Adm. Code 504.130);

 

3)         Have a designated security classification of minimum;

 

4)         Have any outstanding felony warrants or criminal detainers reviewed on a case by case basis prior to placement. However, placement shall not be denied based on a civil immigration detainer or civil immigration warrant as defined by the Illinois TRUST Act [5 ILCS 805];

 

5)         Have no acute medical or dental problems requiring resolution prior to a transfer.  The individual must be cleared by medical/mental health within 30 days prior to pre-release placement;

 

6)         Have completed a positive risk and needs assessment;

 

7)         Have an escape history of none and have no violations of pre-released status within the last five years;

 

8)         Not have received disciplinary action resulting in confinement in restrictive housing or loss of good time within the last 45 days prior to application for pre-release placement; and

 

9)         Not be the subject of any valid active orders of protection.

 

c)         For placement as a permanent party resident, the individual in custody must:

 

1)         Be within 3 years of his release date;

 

2)         Be in "A" grade;

 

3)         Have a designated security classification of minimum;

 

4)         Have outstanding felony warrants or criminal detainers reviewed on a case by case basis prior to placement. However, placement shall not be denied based on a civil immigration detainer or civil immigration warrant as defined by the Illinois TRUST Act [5 ILCS 805];

 

5)         Have completed a positive risk and needs assessment; and

 

6)         Have documented skills for the work assignment requested.  An applicant for a work assignment as a cook must have a food handler's sanitation certificate.

 

(Source:  Amended at 46 Ill. Reg. 19990, effective December 3, 2022)

 

Section 455.40  Placement Procedures

 

a)         Applications or referrals for placement shall be reviewed by designated program staff and a recommendation shall be forwarded to the Director or the Directors designee, who shall approve or deny the placement.

 

b)         The individual in custody shall be notified in writing of the final disposition of the application or referral.

 

(Source:  Amended at 46 Ill. Reg. 19990, effective December 3, 2022)

 

Section 455.50  Placement Exceptions

 

Exceptions to placement criteria may be made only upon the approval of the Director and shall be granted only when such placement would assist the individual's rehabilitation and would not cause undue risk to the public.

 

Section 455.60  Level System

 

Eligibility for community correctional center leaves and independent release time shall be determined in accordance with the individual's in custody compliance with the requirements of this Section.

 

a)         Orientation Status

Individuals in custody shall be placed in orientation status upon entrance to the program and will remain in orientation status for 7 days.  After 7 days, individuals in custody shall automatically be promoted to Level I unless a major rule infraction has occurred.

 

b)         Level I

Individuals in custody shall remain in Level I for at least 23 days, during which the individuals in custody Individual Program Contract must be written. After 23 days, individuals in custody may be promoted to Level II.  To be promoted, an individual in custody must:

 

1)         Be involved in a minimum of 35 hours per week of primary programming which may include, among other matters, employment, education, public service or vocational education; and

 

2)         Be enrolled and participating in counseling, if required by the Chief Administrative Officer or the Chief Administrative Officer's designee; and

 

3)         Have had no documented major rule infraction for 30 days.

 

c)         Level II

Individuals in custody shall remain in Level II for at least 60 days.  After 60 days, individuals in custody except permanent party residents may be promoted to Level III.  Permanent party residents may not be promoted past Level II until their status is changed to a regular resident.  To be promoted, an individual in custody must:

 

1)         Be involved in a minimum of 35 hours per week of primary programming;

 

2)         Be in compliance with individual program contract goals and objectives; and

 

3)         Have had no documented rule infraction for 45 days.

 

d)         Level III

Individuals in custody shall remain in Level III for at least 30 days.  After 30 days, individuals in custody may be promoted to Level IV.  To be promoted, an individual in custody must:

 

1)         Continue to be involved in a minimum of 35 hours per week of primary programming for a period of 45 consecutive days;

 

2)         Be in compliance with Individual Program Contract goals and objectives;

 

3)         Have had no documented rule infraction for 45 days; and

 

4)         Have contributed one special volunteer project utilizing the individual's skills and abilities.  The project must be approved in advance by the Chief Administrative Officer.

 

e)         Level IV

Individuals in custody shall remain in Level IV as long as they continue to display excellent adjustment and they are in compliance with the Individual Program Contract goals and objectives.

 

(Source:  Amended at 46 Ill. Reg. 19990, effective December 3, 2022)

 

Section 455.70  Staff Reviews

 

a)         The Chief Administrative Officer or the Chief Administrative Officer's designee shall review and evaluate the behavior and progress of each individual in custody every 30 days. Staff may recommend the individual in custody be retained in the same level or be promoted.  The individual in custody may only be demoted in level as a result of a rule violation in accordance with 20 Ill. Adm. Code 504.  Subpart C.  The following criteria, among other matters, may be considered for promotion:

 

1)         The individual's in custody adjustment to the center, including assignments, maintenance of personal living area and relationships with staff and other committed persons;

 

2)         The individual's in custody participation in employment, training programs, or educational opportunities;

 

3)         The individual's in custody compliance with the requirements established for promotion to each level;

 

4)         The individual's in custody disciplinary record;

 

5)         The individual's in custody involvement in other programs; and

 

6)         The individual's in custody progress toward establishing a release plan.

 

b)         The individual's in custody shall have the opportunity to discuss the results of the review with the individuals' correctional counselor and to establish revised goals.

 

c)         The individual in custody may grieve the results of the staff review in accordance with 20 Ill. Adm. Code 504. Subpart F.

 

(Source:  Amended at 46 Ill. Reg. 19990, effective December 3, 2022)

 

Section 455.80  Level Privileges

 

a)         Orientation Status

The individual in custody may be allowed one staff supervised shopping trip.

 

b)         Level I

The individual in custody may be allowed one staff supervised shopping or recreation trip per week.

 

c)         Level II

The individual in custody may be allowed:

 

1)         for the first 30 days in level II staff supervised activity per week; and 

 

2)         after the first 30 days, one staff supervised activity per week or one three-hour volunteer or intern supervised activity per week.

 

d)         Level III

The individual in custody may be allowed:

 

1)         A maximum of 6 hours of independent release time (20 Ill. Adm. Code 530. Subpart C) per week.  Time increments shall be determined by the individuals correctional counselor and the Chief Administrative Officer;

 

2)         One three-hour volunteer or intern supervised activity per week; or

 

3)         One leave per month.

 

e)         Level IV

The individual in custody may be allowed:

 

1)         A maximum of 12 hours independent release time per week; or

 

2)         A maximum of four leaves per month.  During the last 60 days prior to the mandatory supervised release date or the parole eligibility date, such leaves may be extended home and family leaves in accordance with 20 Ill. Adm. Code 530. Subpart D.

 

(Source:  Amended at 46 Ill. Reg. 19990, effective December 3, 2022)