Section 460.10  Applicability

 

This Part is applicable to persons committed to the Adult Division of the Department of Corrections who have been approved by the courts and accepted by the Department for placement in the Impact Incarceration Program.

 

Section 460.12  Definitions

 

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

 

"Department" or "IDOC" means the Department of Corrections.

 

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

 

"Impact Program" or "Program" means a structured, specialized, voluntary program administered by the Department for eligible individuals in custody which utilizes a holistic approach that emphasizes self-control and self-esteem through physical training, work activities, education, team building exercises, cognitive behavior and counseling.  The Program is offered to eligible individuals in custody approved by the courts and accepted by the Department.

 

(Source:  Amended at 47 Ill. Reg. 7876, effective May 26, 2023)

 

Section 460.15  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 Section in this Part specifically states the Director or Chief Administrative Officer shall personally perform the duties.  However, the Director or Chief Administrative Officer may designate another person or persons to perform the duties during periods of his temporary absence or in an emergency.

 

Section 460.20  Eligibility Criteria

 

In order to be eligible to participate in the Impact Program, the individual in custody shall:

 

a)         Be not less than 17 years of age nor more than 35 years of age at the time of the sentencing order.

 

b)         Not have previously participated in the Program and shall not have previously served more than one prior sentence of imprisonment for a felony in an adult correctional facility.

 

c)         Never have been convicted of a Class X felony, first or second degree murder, armed violence, aggravated kidnapping, criminal sexual assault, aggravated criminal sexual abuse or a subsequent conviction for criminal sexual abuse, forcible detention, or arson.

 

d)         Be sentenced to a term of imprisonment of at least 1 year but not more than 8 years.

 

e)         Be physically able to participate in physical activities or labor.

 

f)         Not have a mental health condition, mental illness or intellectual disability which would prevent participation in the Program.

 

g)         Consent in writing to participation in the Program and to the terms and conditions thereof.

 

h)         Be approved for placement in the Program in the court's sentencing order and by IDOC.

 

(Source:  Amended at 47 Ill. Reg. 7876, effective May 26, 2023)

 

Section 460.30  Screening and Placement

 

a)         Individuals in custody approved by the courts shall, subject to availability of space, be screened for placement in the Program at a reception and classification center or unit in accordance with 20 Ill. Adm. Code 503.Subpart A.  In determining Program approval of eligible individuals in custody, the Department may also consider:

 

1)         The individual in custody's criminal history, including outstanding warrants or detainers.

 

2)         Whether the individual in custody has a history of escaping or absconding or attempting to escape or abscond.

 

3)         Whether the individual in custody's participation in the Program would pose a risk to the safety and security of any person or the facility.

 

4)         The individual in custody's grade status.

 

5)         The individual in custody's disciplinary record and institutional adjustment.

 

6)         The availability of space in the Program.

 

7)         Whether the individual in custody has any known enemies in the Program.

 

8)         Whether the individual in custody has or agrees to obtain a suitable host site and a working telephone for placement on electronic monitoring upon successful completion of the Program.

 

b)         The individual in custody shall be evaluated by a health care provider and mental health professional to determine whether the individual is physically and mentally able to participate in the Program.

 

c)         The individual in custody shall sign a consent to participate in the Program and to adhere to the terms and conditions of the Program.

 

d)         If the individual in custody's screening indicates the individual is eligible for acceptance in the Program, the individual in custody may be assigned to a correctional facility until such time as space is available in the Program. In order to remain eligible for acceptance in the Program, the individual in custody must, among other matters, maintain eligibility requirements and a positive disciplinary record and institutional adjustment while awaiting transfer to the Program facility.  Acceptance in the Program shall not be deemed to occur until such time as the individual in custody is admitted to the Program facility.  The individual in custody may grieve a determination that the individual is no longer eligible for acceptance in the Program in accordance with Section 460.90.

 

e)         Individuals in custody not accepted by the Department for placement in the Program shall be assigned to a correctional facility to serve the sentence imposed by the sentencing court.

 

f)         The Department shall notify the sentencing court in writing of an individual in custody's acceptance the Program.

 

(Source:  Amended at 47 Ill. Reg. 7876, effective May 26, 2023)

 

Section 460.40  Program Requirements

 

a)         Individuals in custody sentenced prior to January 1, 2022 participating in the Program shall actively serve 120 days in the Program.  Those who were sentenced on or after January 1, 2022, shall actively serve 12 months, not including time served in correctional facilities while awaiting transfer to the Program.  Days actively served means days in which the individual in custody was present at the Program facility and participated in scheduled daily routines. Individuals in custody shall be excused from active service for up to three days due to writs, furloughs, or temporary transfer to another facility for medical treatment.  Any other time which is not spent in active service shall not be credited towards completion requirements.  Time required to be served in the Program shall not be reduced by the accumulation of good time.  The total time an individual in custody shall serve in the Program may be extended in accordance with Section 460.70(h), but shall not exceed 180 active days for those sentenced prior to January 1, 2022 and 18 months for those sentenced on or after January 1, 2022.

 

b)         An individual in custody who was removed from the Program and later readmitted in accordance with Section 460.90 shall receive credit for previous days served in the Program.

 

c)         Individuals in custody shall be required to participate in physical training and labor, drills, regimented activities, education, counseling, and other Program activities required by the Department.

 

d)         Individuals in custody shall be provided with, have access to, and be required to adhere to all Department rules and facility rules of the Program, including rules of behavior and conduct and grooming standards.

 

e)         Individuals in custody shall be provided with clothing, bedding, linens, writing materials and initial supplies of personal hygiene items.

 

f)         Individuals in custody shall be afforded the rights and privileges set forth in 20 Ill. Adm. Code 525 with the following exceptions:

 

1)         Visits shall not be allowed during the first 30 days of the Program and telephone calls shall not be allowed during the first 30 days of the Program, except for visits from and telephone calls to attorneys and their paralegals and investigators, clergy, or in an emergency.

 

2)         The Chief Administrative Officer may set limits on personal property.

 

g)         The Chief Administrative Officer will determine commissary access, privileges and whether individuals in custody may be allowed to access their trust funds.

 

h)         Receipt and deposit of funds shall be in accordance with 20 Ill. Adm. Code 205 and 525.

 

i)          The Chief Administrative Office may grant permission for regular commissary privileges with a standard amount.

 

(Source:  Amended at 47 Ill. Reg. 7876, effective May 26, 2023)

 

Section 460.50  Training and Disciplinary Procedures

 

a)         Individual in custody shall be subject to disciplinary action for commission of infractions as set forth in 20 Ill. Adm. Code 504 Subpart A.  However, disciplinary procedures set forth in 20 Ill. Adm. Code 504 shall not be applicable to persons committed to the Program except in cases of a major infraction.

 

b)         As an alternative to the disciplinary procedures set forth in 20 Ill. Adm. Code 504, training alternatives as determined appropriate by the Chief Administrative Officer or demerits may be summarily imposed by the shift commander or designee for all other infractions of rules or Program requirements.  The alternative training utilized shall be based, among other matters, upon:

 

1)         The seriousness of the infraction;

 

2)         Previous training alternatives used for the same infraction;

 

3)         Previous training alternatives used for other infractions; and

 

4)         The frequency in which training alternatives have been used.

 

c)         Alternative training requirements shall include, but not be limited to:

 

1)         Verbal counseling of the individual in custody;

 

2)         Team building exercises as approved by the Chief Administrative Officer;

 

3)         Restriction to room or bunk;

 

4)         Extra duties or assignments;

 

5)         Assignment change;

 

6)         Additional educational, counseling, or other Program activities;

 

7)         Loss or restriction of privileges including, but not limited to, in person visits, telephone, television viewing, video visits, electronics, and commissary.  However, legal and chaplaincy visits and access to legal materials shall not be limited or restricted as a training alternative.

 

d)         Individuals in custody may be issued demerits which document infractions of rules or Program requirements.

 

(Source:  Amended at 47 Ill. Reg. 7876, effective May 26, 2023)

 

Section 460.60  Program Terminations

 

a)         Individuals in custody may voluntarily terminate participation in the Program. A notice of termination shall be signed by the individual in custody.  Once the individual in custody has been voluntarily removed from the Program, the individual in custody shall not be readmitted to the Program for any reason.

 

b)         Individuals in custody may be involuntarily terminated from the Program by the Department for the following reasons:

 

1)         The individual in custody is found guilty of a major rule violation in accordance with 20 Ill. Adm. Code 504.Subpart A.

 

2)         The individual in custody no longer meets meet the eligibility criteria or requirements for Department approval as outlined in Sections 460.20 and 460.30.

 

3)         Noncompliance with Program requirements as documented by 12 or more demerits as outlined in the Program handbook.

 

c)         Prior to involuntary termination from the Program, the individual in custody shall be afforded a disciplinary hearing in accordance with 20 Ill. Adm. Code 504.Subpart A or a Program Review Hearing in accordance with Section 460.70. Any recommendation to involuntarily terminate an individual in custody from the Program shall be reviewed and approved by the Director or designee.

 

d)         The individual in custody may be transferred to another correctional facility prior to any hearing required by this Part or 20 Ill. Adm. Code 504.  In the event the individual in custody is found not to have committed the infraction or Program termination is not deemed appropriate, the individual in custody shall be returned to the Program facility.

 

e)         Individuals in Custody terminated from the Program shall serve the sentence imposed by the sentencing court.

 

(Source:  Amended at 47 Ill. Reg. 7876, effective May 26, 2023)

 

Section 460.70  Program Review Hearings

 

a)         The Chief Administrative Officer shall appoint one or more hearing officers to conduct Program Review Hearings.

 

b)         A Program Review Hearing shall be conducted when the individual in custody has been referred for possible extension of time to be served in the Program or involuntary termination from the Program for reasons other than a major rule infraction as set forth in Section 460.60.  Notwithstanding Section 460.60(c) and Part 504 referrals may be made by administrative, Program, or security staff and shall be subject to review by the shift commander to determine whether a hearing is warranted.

 

c)         The individual in custody shall receive written notice no less than 24 hours prior to the hearing.  The individual in custody may waive the 24-hour advance notice.  The waiver shall be in writing.

 

d)         The individual in custody shall have the opportunity to appear before and address the hearing officer who shall be appointed by the Chief Administrative Officer.  However, failure to appear before and address the hearing officer may be adversely construed against the individual in custody by the hearing officer.

 

1)         The individual in custody may make any relevant statement or produce any relevant documents in their defense.

 

2)         Prior to the hearing, the individual in custody may request that witnesses be interviewed.  The request shall be in writing in the space provided on the hearing notice and shall include an explanation of what the witnesses would state.  A means shall be provided for individuals in custody to submit witness request slips.  If the individual in custody fails to make the request in a timely manner before the hearing, the hearing officer may disapprove witness requests or the hearing officer may grant a continuance for good cause shown.

 

3)         The individual in custody may, upon written request and for good cause shown, be granted additional time to prepare a defense.

 

4)         The individual in custody shall not have the right to either retained or appointed counsel.  The individual in custody may request the assistance of a staff member in the preparation of a defense if the individual in custody is illiterate, does not speak English, or when other circumstances exist which preclude the individual in custody from adequately preparing a defense.

 

e)         Any person who initiated the referral for a hearing, or who witnessed the incidents which form the basis for the referral, or who conducted a formal investigation into the allegations for Program termination, or who is otherwise not impartial shall not serve as the hearing officer for the individual in custody's Program Review Hearing.

 

f)         The hearing officer may interview witnesses or review summaries of witness testimony prior to or at the hearing and review any information relevant to the hearing.

 

1)         The individual in custody does not have the right to confront or cross-examine any witnesses but may submit questions for the witnesses to the hearing officer prior to the hearing.

 

2)         The hearing officer may exclude any witnesses requested by the individual in custody if a witness testimony would be, among other matters, irrelevant, cumulative, or would jeopardize the safety or disrupt the security of the facility or any person.  If any witness is excluded, a written reason shall be provided.

 

g)         The hearing officer may continue the hearing when additional information is needed, for further investigation, or for good cause shown by the individual in custody.

 

h)         The hearing officer shall take one of the following actions, based upon the relevant information admitted:

 

1)         Find that the individual in custody's actions do not warrant termination from the Program or any other action.  In that case, the hearing officer shall order that the Program Review Hearing be dismissed and the notice be expunged from the individual in custody's master record file or reduce the Program Review to a Case Note.  A copy shall be maintained in an expungement file.

 

2)         Find that further investigation or information is necessary to determine if the individual in custody’s actions warrant termination from the Program.

 

3)         Find that further observation of the individual in custody’s performance in the Program is needed and continue the hearing.

 

4)         Find that the individual in custody’s actions do not warrant Program termination, but recommend one or more of the following actions:

 

A)        Training alternatives in accordance with Section 460.50.

 

B)        Increased time in the Program, not to exceed a total of 180 days for individuals sentenced prior to January 1, 2022 or 18 months for any individual sentenced on or after January 1, 2022 of active service in the Program.

 

C)        Programming changes.

 

5)         Find that the individual in custody’s actions warrant Program termination and recommend that the individual in custody be terminated from the Program.

 

i)          A record, signed by the hearing officer, which contains a summary of oral and written statements and other information presented, the reasons for the decision, and the action recommended shall be submitted to the Chief Administrative Officer for review and approval.  If the safety and security of the facility or any person may be 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.

 

j)          The Chief Administrative Officer shall review all Program Review Hearing dispositions.  The Director shall review all Program Review Hearing dispositions which recommend that the individual in custody be terminated from the Program.

 

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

 

A)        Confirm the disposition in whole or in part.

 

B)        Order additional or new proceedings.

 

C)        Suspend or overturn the disposition.

 

D)        Approve other actions in accordance with Section 460.50.

 

2)         The Director or Chief Administrative Officer shall not increase, but may reduce, the dispositions imposed.

 

k)         The individual in custody shall be provided with a copy of the written summary which includes the action approved by the Chief Administrative Officer and a copy shall be placed in the individual in custody master record file.

 

l)          The individual in custody shall be informed of the opportunity to appeal any adverse decision through the grievance procedure outlined in Section 460.90.

 

(Source:  Amended at 47 Ill. Reg. 7876, effective May 26, 2023)

 

Section 460.80  Successful Program Completion

 

a)         An individual in custody sentenced prior to January 1, 2022, shall be deemed to have successfully completed the Program upon completion of 120 active days, while individual's sentenced on or after January 1, 2022, upon completion of one year of participation in the Program and any extended time required to be served in the program as provided in this Part.

 

b)         The Department shall certify in writing the individual in custody’s successful completion of the Program to the sentencing court.

 

c)         Upon successful completion of the Program, the individual in custody shall serve a term of mandatory supervised release if required by the sentencing court.  The Department may submit to the Prisoner Review Board a recommendation for a period of electronic monitoring as a condition of mandatory supervised release.  Failure to maintain a suitable host site approved by the Department and a working telephone suitable for electronic monitoring may result in revocation of mandatory supervised release.

 

(Source:  Amended at 47 Ill. Reg. 7876, effective May 26, 2023)

 

Section 460.90  Grievances

 

a)         Grievances shall be processed in accordance with 20 Ill. Adm. Code 504.Subpart F with the following exceptions:

 

1)         The Grievance Officer shall submit a recommendation to the Chief Administrative Officer within 5 working days after receipt of the grievance, whenever possible.

 

2)         The Chief Administrative Officer shall advise the individual in custody in writing of the decision within 5 working days after receiving the Grievance Officer's report, whenever possible.

 

3)         The individual in custody may appeal the facility's decision in writing to the Director within 10 working days after receipt of the written decision.

 

4)         The Director shall refer all non-frivolous grievances that require a hearing before the Administrative Review Board.

 

A)        If it is determined that the grievance is without merit or can be resolved without a hearing, the individual in custody shall be advised of the disposition, in writing, within 10 working days after receipt of the grievance, whenever possible.

 

B)        If an Administrative Review Board hearing is required, the Board shall submit a written report of the evidence, findings and recommendations to the Director within 15 working days after receipt of the grievance, whenever possible.

 

C)        The Director shall review the findings and recommendations of the Administrative Review Board and make a final written determination within 10 working days after receipt of the Board's report, whenever possible.

 

b)         An individual in custody may file a written grievance requesting to be admitted or readmitted to the Program whenever the factors which made the individual ineligible for the Program have been resolved.

 

c)         Individuals in Custody shall not be permitted to file grievances in regard to voluntary terminations from the Program.

 

(Source:  Amended at 47 Ill. Reg. 7876, effective May 26, 2023)