Section 504.10  Applicability

This Subpart applies to offenders within the Department of Corrections.

(Source:  Amended at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.12  Definitions

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

"Department" means the Department of Corrections.

"Director" means the Director of the Department.

"Employee", for the purpose of this Part, means any Department employee, contracted employee, employee of a vendor, or a volunteer.

"Investigative Status" means a confinement status in which an offender's movement may be restricted while an incident or matter is being investigated.

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

"Seriously Mentally Ill", for the purpose of this Part, means an offender is seriously mentally ill if he or she, as a result of a mental disorder as defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) of the American Psychiatric Association, exhibits impaired emotional, cognitive or behavioral functioning that interferes seriously with his or her ability to function adequately except with supportive treatment or services.  These individuals also must either currently have, or have had within the past year, a diagnosed mental disorder, or must currently exhibit significant signs and symptoms of a mental disorder.  A diagnosis of alcoholism or drug addiction, of developmental disorders, or of any form of sexual disorder shall not, by itself, render an individual seriously mentally ill.  The combination of either a diagnosis or significant signs and symptoms of a mental disorder and an impaired level of functioning, as outlined in this definition, is necessary for one to be considered seriously mentally ill.  Whether a person meets the criteria of seriously mentally ill is initially determined by a comprehensive, professional clinical assessment by a Department Mental Health Professional in order to determine if the individual has a diagnosable mental disorder as defined by the current DSM and to establish the person's overall level of functioning.  The appropriate threshold to establish level of functioning that equates to a serious mental illness includes serious impairments in capacity to recognize reality in work, school or learning environments; frequent problems with the authority/rules; occasional combative behavior; serious impairments in relationships with friends and family; serious impairments in judgment, thinking and mood; and serious impairment due to anxiety.  These disturbances must be observed in at least one of the listed areas.

"Temporary Confinement" means a confinement status in which an offender may be placed until a determination is made as to whether a disciplinary report or investigative report is to be issued, or pending a disciplinary hearing.

(Source:  Amended at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.15  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.

(Source:  Amended at 22 Ill. Reg. 1206, effective January 1, 1998)

Section 504.20  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 offender shall be found guilty of any violation of this Part without a hearing before the Adjustment Committee or Program Unit.  If an offender 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 shall consider, among other matters, mitigating or aggravating factors including:

1)         The offender's age, medical and mental state at the time of committing the offense;

2)         If the offender is determined to be seriously mentally ill and if the sanctions for the violation may include a period of segregation, the recommendations of a mental health professional;

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

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

5)         The offender'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 these privileges.  This subsection shall not apply to segregation of offenders for purposes of institutional control.

e)         Offenders 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 an offender's control include, but are not limited to, the door track, window ledge, ventilation unit, plumbing, and the offender'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 offender produces evidence that convinces the Adjustment Committee or Program Unit that he or she did not commit the offense, the offender shall be found not guilty.

(Source:  Amended at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.30  Preparation of Disciplinary Reports

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

b)         If an employee observes an offender committing an offense, discovers evidence of its commission or receives information from a reliable witness of the conduct, the employee shall promptly prepare a disciplinary report.  However, if the infraction is listed in the 400 series in Table A and the employee determines a disciplinary report is not necessary to resolve the situation, the employee may orally reprimand the offender.

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 identification number of the offender.

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

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

4)         A written statement detailing the conduct observed.

5)         The names of offenders, 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 an offender is suspected of committing a disciplinary offense, an investigative disciplinary report, hereinafter referred to as an investigative report, shall be issued that reasonably informs the offender of the subject of the investigation to the extent that safety and security allow.  In no event shall an investigative report be served upon an offender more than eight calendar days after the suspected commission of an offense or the discovery of an offense, whichever is later, unless the offender is unavailable or unable to participate in the proceeding.

e)         Service of a disciplinary report upon the offender shall commence the disciplinary proceeding.  In no event shall a disciplinary report be served upon an offender more than eight calendar days after the commission of an offense or the discovery of an offense unless the offender is unavailable or unable to participate in the proceeding.

(Source:  Amended at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.40  Investigative Status and Temporary Confinement

The shift supervisor shall determine whether or not it is necessary to place the offender in investigative status or in temporary confinement status pending a disciplinary hearing or a determination whether to issue a disciplinary or investigative report in accordance with Section 504.30.  If the offender has been diagnosed as seriously mentally ill, the shift supervisor shall ensure a mental health professional completes a documented review of the offender within 48 hours and provides his or her recommendation for temporary confinement to the Chief Administrative Officer.  The Chief Administrative Officer shall also have the authority to release the offender from temporary confinement.  The decision to place an offender in investigative status or temporary confinement may be based, among other matters, on:

a)         The aggressiveness of the offender;

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

c)         The need to restrict the offender's access to general population to protect the individual from injury or to conduct the investigation;

d)         The seriousness of the offense; or

e)         Contraindication for placement determined by a mental health professional.

(Source:  Amended at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.50  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 an offender in temporary confinement within three calendar days after the placement, whenever possible, and may order release from or placement in temporary confinement.  Among other matters, the factors listed in Section 504.40 may be considered.  If a disciplinary or investigative report has not been written within three calendar days after placement in temporary confinement, the Reviewing Officer shall inform the Chief Administrative Officer.

c)         An offender who receives an investigative report shall be interviewed by the Reviewing Officer in order to permit the offender an opportunity to present his or her views regarding placement in investigative status.  The interview shall be conducted within 10 calendar days after initial placement in investigative status, whenever possible.

1)         The Reviewing Officer shall recommend whether to continue placement of the offender in investigative status.  Among other matters, factors listed in Section 504.40 may be considered.  The Chief Administrative Officer shall make the final determination.

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

3)         The offender may be detained in investigative status for up to 30 days.

4)         If the investigation does not indicate that the offender may be guilty of any disciplinary offense, placement in investigative status shall be terminated and the report shall be expunged from the offender'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 offender shall be issued a revised disciplinary report.

6)         Upon completion of the investigation, the offender 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 30 days due to an institutional emergency, the Chief Administrative Officer may personally authorize, in writing, an extension of up to 30 days placement pending investigation.  As used in this Section, an institutional emergency includes riots, strikes, lockdowns and natural disasters.

8)         The Director may personally authorize, in writing, additional extensions of up to 30 days each if an institutional emergency prevents completion of the investigation within 60 days.  The offender shall be informed of the decision in writing.

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 offender'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 offender shall be provided with a copy of the corrected report.  In the event the corrected report contains new charges, the offender shall be provided a copy of the corrected report at least 24 hours prior to the hearing, unless the offender 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 504.20(b).

e)         The Reviewing Officer shall forward copies of all major disciplinary reports to the Hearing Investigator.

(Source:  Amended at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.60  Investigation of Major Disciplinary Reports

a)         The Chief Administrative Officer shall appoint one or more Hearing Investigators who shall review all major disciplinary reports.

1)         The Hearing Investigator may conduct an investigation into the charges as determined to be appropriate.  This determination may be based, among other matters, upon the severity of the offense, the complexity of the charges or the offender's admission of guilt.  The investigation may include an investigation of additional charges.

2)         The Hearing Investigator may correct or direct the reporting employee to correct any errors in the disciplinary report.  The offender shall be provided with a copy of the corrected report.  In the event the corrected report contains new charges, the offender shall be provided a copy of the corrected report at least 24 hours prior to the hearing unless the offender waives this notice.

3)         The Hearing Investigator may interview any person who may have information that relates to the alleged violation and may inspect any physical evidence.

4)         The Hearing Investigator shall determine whether to submit a report to the Adjustment Committee, based upon the results of the investigation. However, if the investigation reveals evidence of a convincing nature that the offender did not commit the offense, that evidence must be reported to the Adjustment Committee.

5)         Any report may be submitted in writing or presented orally, as determined by the Hearing Investigator.

b)         If the offender has been diagnosed as seriously mentally ill and the sanction for the offense may result in a period of segregation, a mental health professional shall be assigned to review the offender's mental health records and disciplinary report to determine if the offender's mental illness contributed to the underlying behavior of the offense.

(Source:  Amended at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.70  Adjustment Committee and Program Unit Composition

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

1)         The Adjustment Committee shall include:

A)        To the extent possible, a person representing the counseling staff; and

B)        At least one minority staff member.

2)         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.  At least one member of the Program Unit shall be a minority staff member.

(Source:  Amended at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.80  Adjustment Committee Hearing Procedures

a)         The Adjustment Committee hearing shall be convened, but need not be concluded, within 14 days after the commission of the offense by an offender or its discovery, whenever possible, unless the offender 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 offender from the facility for any reason or certification by health care or mental health staff that the offender is unable to appear.

b)         The offender 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 offender may waive the 24-hour advance notice.  The waiver shall be in writing.

c)         The offender shall be informed before or at the hearing of information that would tend to show that the offender was not guilty. If the information is provided to him or her at the hearing, the offender, upon request, shall 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.  An offender who objects to a member of the Adjustment Committee based on a lack of impartiality must raise the matter at the beginning of the hearing. The Adjustment Committee shall document the basis of the objection and the decision in the Adjustment Committee summary.

e)         An offender 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 Adjustment Committee determines that the offender was unable to prepare a defense because of a language barrier or hearing impairment, the Adjustment 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 offender charged with a violation of any rule shall have the right to appear before and address the Adjustment Committee.  Any refusal to appear shall be documented and provided to the Adjustment Committee.  However, failure to appear before or address the Adjustment Committee may be adversely construed against the individual by the Adjustment Committee.

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

2)         Prior to the hearing, the offender 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 offender 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 Adjustment Committee shall consider all material presented that is relevant to the issue of whether the offender committed the offense.

h)         If the offender has been diagnosed as seriously mentally ill, the Adjustment Committee may request the reviewing mental health professional to appear before the Adjustment Committee to provide testimony relevant to his or her review.

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

1)         The Adjustment 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 Adjustment Committee prior to the hearing.  These questions shall be asked by the Adjustment 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 offenders  to submit witness request slips.  The Adjustment Committee may disapprove witness requests that are not received prior to the hearing.

4)         Requests by offenders 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 offender's witnesses when the offender makes a timely request for the witnesses or is granted a continuance to request witness testimony.  In-person testimony of the offender'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 offender 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 offender unless the Adjustment Committee finds that disclosure presents a threat to the safety of any person.

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

k)         The Adjustment Committee shall decide whether the offender committed the offense based upon all relevant information and evidence.

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

2)         The Adjustment Committee may require that any part of the hearing process be recorded, including, but not limited to, a self admission of guilt by the offender.

3)         Polygraph or voice stress analysis results may be considered, but may not be the sole basis for finding the offender guilty of the offense.

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

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

2)         Find that further investigation is necessary to determine if the offender did or did not commit the offense and place the offender 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 offender is placed in investigative status, the individual may not be confined for more than 14 days from the date of placement in temporary confinement.

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

A)        Reprimand the offender.

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

C)        Reduce the offender's grade or level.

D)        Change the offender's program.

E)        Change the offender's housing assignment or transfer the individual to another correctional facility.

F)         Revoke the offender's statutory sentence credit or recommend an adjustment of provisionally awarded supplemental sentence credit.

G)        Increase the offender's security classification.

H)        Place the offender in segregation or confinement.  If the offender has been diagnosed as seriously mentally ill, the Adjustment Committee shall consider the recommendation of the reviewing mental health professional for the term of segregation, including no period of segregation.

I)         Require the offender to make restitution.

J)         Revoke the offender from a transition center.  If revocation is recommended, the Adjustment Committee may also recommend reduction in grade and placement in segregation.

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

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

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

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

A)        The Adjustment 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 or voice stress analysis 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 Adjustment 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 Adjustment Committee members find that the offender committed the offense, a statement as to their reasons for the finding. If exonerating evidence is presented and disregarded, the Adjustment 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.

n)         If the safety or security of the facility 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.

o)         If the offender is found guilty, the individual shall be informed of the opportunity to appeal through the grievance procedures in 20 Ill. Adm. Code 504.Subpart F.

p)         A copy of the disciplinary report, Adjustment Committee summary, and, if applicable, the mental health review shall be forwarded to the Chief Administrative Officer for review and approval, and a copy shall be filed in the offender's record.  The offender shall be given a copy of the Adjustment Committee summary.

q)         The Chief Administrative Officer shall review all Adjustment Committee dispositions.  The Director shall review all Adjustment Committee dispositions in which it is recommended that the offender lose statutory sentence credit or provisionally awarded supplemental sentence credit.  

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 offender a work assignment that, 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 offender shall be sent a copy of any modification to the Adjustment Committee recommendations.

(Source:  Amended at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.90  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 offender with 24-hour notice of the hearing, unless notice was waived.

2)         Lack of impartiality of the Adjustment Committee.

3)         Improper exclusion of witnesses.

4)         Failure to provide exonerating information to the offender 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 offender shall be provided with notice of the rehearing within a reasonable time after the Chief Administrative Officer's decision or the facility's receipt of the decision.

2)         The rehearing shall commence within 14 calendar days after the Chief Administrative Officer's decision or the facility'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 offender 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 offender is charged with a different offense that provides for a greater penalty than provided for under the original charge or new evidence is produced that was not available at the original hearing and justifies the imposition of greater punishment.  However, this does not prohibit the offender from being found guilty and disciplined on remand when the Adjustment Committee had erroneously dismissed the disciplinary report on procedural grounds.

(Source:  Amended at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.100  Program Unit Hearing Procedures

a)         The Program Unit hearing shall be convened, but need not be concluded, within 14 calendar days after the commission of the offense or its discovery, whenever possible, unless the offender is unable to participate in the hearing.

b)         The offender 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 offender's written request and for good cause shown.

e)         The offender 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 offender shall not have the right to retained or appointed counsel.  The offender may request the assistance of a staff member in the preparation of his or her defense if the individual is illiterate, has a hearing impairment 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 504.20(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 14 calendar days after the approval, whenever possible.

2)         If not approved, the disciplinary report shall be referred back for a hearing before the Program Unit that shall commence within 14 calendar 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 504.80(l), except that the Officer may not recommend placement in segregation or confinement, revocation of sentence credit, revocation of transition center status, an increase in the offender's security classification, or transfer to another correctional facility.

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 504.80(p) and (q) and 504.90.

(Source:  Amended at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.110  Computation of Discipline for Multiple Offenses

a)         When an offender 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 an offender 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, an offender who is found guilty of assaulting several persons within a short period of time has committed multiple offenses that would be punishable consecutively.

(Source:  Amended at 27 Ill. Reg. 6214, effective May 01, 2003)

Section 504.115  Indeterminate and Long Term Segregation Placement

a)         Within six months after placement in segregation, and no less frequently than once every 90 days thereafter, the Director or Deputy Director shall personally review the placement of offenders in indeterminate disciplinary segregation or the placement of offenders who have disciplinary segregation terms greater than one year.  This review shall include a face-to-face interview with the offender by staff.  The Director or Deputy Director may continue the offender's segregation placement or establish a specific segregation release date.

b)         In determining whether to establish a specific segregation release date, the Director or Deputy Director may consider, among other matters:

1)         The seriousness of the offense;

2)         The safety and security of the facility or any person;

3)         The offender's behavioral and disciplinary history;

4)         The offender's age, medical and mental health;

5)         Reports and recommendations concerning the offender;

6)         The interview and any submissions of relevant material and information;

7)         Institutional order; and

8)         Other legitimate penological interests.

c)         A copy of the decision shall be provided to the offender and the facility record office.

d)         An offender in disciplinary segregation may seek a reduction in the segregation placement in accordance with Section 504.120.

(Source:  Amended at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.120  Reduction in Segregation Placement

a)         An offender shall receive credit against the term of segregation placement for time spent in temporary confinement or in investigative status.

b)         An offender may petition the Adjustment Committee no more often than every 90 days to reduce the segregation term based on his or her conduct while in segregation.

c)         The Adjustment Committee may either recommend reduction of the original segregation term imposed or deny the petition.

d)         The Adjustment Committee's recommendation shall be reviewed by the Chief Administrative Officer.

e)         The decision shall be provided to the offender in writing and, if denied, shall provide the factual basis for the denial.

(Source:  Amended at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.130  Demotion and Restoration in Grade

a)         Privileges shall be afforded to offenders assigned to correctional centers based upon their current grade, in the following manner:

1)         Offenders in "A" grade shall be eligible to receive all institutional privileges.  Newly admitted offenders shall be placed in "A" grade.

2)         Offenders in "B" grade shall be eligible to receive institutional privileges limited to medical, critical illness or funeral furlough; yard; limited commissary, not to exceed $30 per month; visits, excluding video visitation; and no more than two telephone calls per 30 day period.

3)         Offenders in "C" grade shall be ineligible to receive institutional privileges, except yard, restricted commissary and visits, excluding video visitation; however, audio-visual privileges may be restored if directed by the treating mental health professional.  An offender may only purchase from the commissary personal hygiene items and other items approved by the Chief Administrative Officer, based on the offender's institutional status, once each 30 day period while in "C" grade.  The 30 day period shall commence on the date of placement into "C" grade.

b)         Grade reductions shall be effective on the date the Chief Administrative Officer renders a decision, unless otherwise specified.

c)         An offender who has been demoted to "B" or "C" grade as a result of a disciplinary infraction shall be automatically promoted to the next highest grade at the expiration of the time period specified by the Adjustment Committee.

d)         An offender who has been demoted to "C" grade and automatically placed in "B" grade after expiration of the time period specified by the Adjustment Committee shall be required to spend the same time period in "B" grade as in "C" grade.  Upon expiration of this time period, the offender shall be restored to "A" grade.

e)         An offender may petition the Adjustment Committee for restoration in grade based upon the individual's good conduct and institutional record no more often than every 90 days.  The decision shall be provided to the offender in writing and, if denied, shall provide the factual basis for the denial.

(Source:  Amended at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.140  Restitution Procedures

a)         The Adjustment Committee or Program Unit may recommend that the offender 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 offender to authorize disbursement from his or her trust fund or from any other account.

1)         If the offender 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 offender 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, other expenditures, or State pay be suspended in whole or in part for a definite period of time. However, the offender shall be permitted to retain a sufficient amount of funds to purchase basic personal hygiene items if such items are not provided by the facility.

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

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

e)         In the event an offender is released prior to full payment of restitution, arrangements shall be made for payment of the balance of the authorized restitution.  If the offender did not authorized restitution, all or a portion of the grant money provided for in 20 Ill. Adm. Code 502.320 may be suspended.

(Source:  Amended at 27 Ill. Reg. 6214, effective May 01, 2003)

Section 504.150  Restoration of Time and Credit

Time and credit that has been revoked may be restored in accordance with 20 Ill. Adm. Code 107.160.

(Source:  Amended at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.200  Applicability (Repealed)

(Source:  Repealed at 27 Ill. Reg. 6214, effective May 01, 2003)

Section 504.202  Definitions (Repealed)

(Source:  Repealed at 27 Ill. Reg. 6214, effective May 01, 2003)

Section 504.205  Responsibilities (Repealed)

(Source:  Repealed at 27 Ill. Reg. 6214, effective May 01, 2003)

Section 504.210  Offenses and Maximum Penalties (Repealed)

(Source:  Repealed at 27 Ill. Reg. 6214, effective May 01, 2003)

Section 504.220  Preparation of Disciplinary Reports (Repealed)

(Source:  Repealed at 27 Ill. Reg. 6214, effective May 01, 2003)

Section 504.230  Temporary Confinement (Repealed)

(Source:  Repealed at 27 Ill. Reg. 6214, effective May 01, 2003)

Section 504.240  Review of Disciplinary Reports (Repealed)

(Source:  Repealed at 27 Ill. Reg. 6214, effective May 01, 2003)

Section 504.250  Adjustment Committee and Program Unit Composition (Repealed)

(Source:  Repealed at 27 Ill. Reg. 6214, effective May 01, 2003)

Section 504.260  Adjustment Committee Hearing Procedures (Repealed)

(Source:  Repealed at 27 Ill. Reg. 6214, effective May 01, 2003)

Section 504.270  New or Additional Proceedings (Repealed)

(Source:  Repealed at 27 Ill. Reg. 6214, effective May 01, 2003)

Section 504.275  Program Unit Hearing Procedures (Repealed)

(Source:  Repealed at 27 Ill. Reg. 6214, effective May 01, 2003)

Section 504.280  Computation of Discipline for Multiple Offenses (Repealed)

(Source:  Repealed at 27 Ill. Reg. 6214, effective May 01, 2003)

Section 504.290  Restitution Procedures (Repealed)

(Source:  Repealed at 27 Ill. Reg. 6214, effective May 01, 2003)

Section 504.300  Restoration of Good Time (Repealed)

(Source:  Repealed at 27 Ill. Reg. 6214, effective May 01, 2003)

Section 504.400  Applicability (Repealed)

(Source:  Repealed at 27 Ill. Reg. 6214, effective May 01, 2003)

Section 504.402  Definitions (Repealed)

(Source:  Repealed at 27 Ill. Reg. 6214, effective May 01, 2003)

Section 504.405  Responsibilities (Repealed)

(Source:  Repealed at 27 Ill. Reg. 6214, effective May 01, 2003)

Section 504.410  Offenses and Maximum Penalties (Repealed)

(Source:  Repealed at 27 Ill. Reg. 6214, effective May 01, 2003)

Section 504.420  Preparation of Disciplinary Reports (Repealed)

(Source:  Repealed at 27 Ill. Reg. 6214, effective May 01, 2003)

Section 504.430  Temporary Confinement (Repealed)

(Source:  Repealed at 27 Ill. Reg. 6214, effective May 01, 2003)

Section 504.440  Review of Disciplinary Reports (Repealed)

(Source:  Repealed at 27 Ill. Reg. 6214, effective May 01, 2003)

Section 504.450  Adjustment Committee and Program Unit Composition (Repealed)

(Source:  Repealed at 27 Ill. Reg. 6214, effective May 01, 2003)

Section 504.460  Adjustment Committee Hearing Procedures (Repealed)

(Source:  Repealed at 27 Ill. Reg. 6214, effective May 01, 2003)

Section 504.470  New or Additional Proceedings (Repealed)

(Source:  Repealed at 27 Ill. Reg. 6214, effective May 01, 2003)

Section 504.480  Program Unit Hearing Procedures (Repealed)

(Source:  Repealed at 27 Ill. Reg. 6214, effective May 01, 2003)

Section 504.490  Computation of Penalty for Multiple Offenses (Repealed)

(Source:  Repealed at 27 Ill. Reg. 6214, effective May 01, 2003)

Section 504.500  Restitution Procedures (Repealed)

(Source:  Repealed at 27 Ill. Reg. 6214, effective May 01, 2003)

Section 504.510  Restoration of Good Time (Repealed)

(Source:  Repealed at 27 Ill. Reg. 6214, effective May 01, 2003)

Section 504.600  Applicability

This Subpart applies to correctional facilities within the Department of Corrections.

(Source:  Amended at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.602  Definitions

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

            "Department" means the Department of Corrections.

            "Director" means the Director of the Department.

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

(Source:  Amended at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.605  Responsibilities

a)         Unless otherwise specified, the Director, Deputy 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, Deputy Director or Chief Administrative Officer shall personally perform the duties.  However, the Director, Deputy Director or Chief Administrative Officer may designate another person or persons to perform the duties during periods of their temporary absence or in an emergency.

(Source:  Amended at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.610  Placement in Segregation Status

a)         In accordance with this Part, offenders may be confined in designated areas on segregation status.  Segregation status includes:

1)         Temporary confinement pending a disciplinary hearing or investigation; or

2)         Disciplinary segregation resulting from a disciplinary hearing.

b)         Segregation areas include the segregation unit or any cell, living area or other area designated by the Chief Administrative Officer to house offenders who are in segregation status.

(Source:  Amended at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.620  Segregation Standards

Standards for living conditions in segregation areas shall include the following provisions:

a)         Double celling shall be permitted upon approval of the Chief Administrative Officer.  Prior to assigning offenders to a double cell, a review shall be conducted to determine whether there are reasons why the offenders should not be double celled.  Medical and mental health concerns shall be considered in making this determination.

b)         Minimally, each cell shall be furnished with:

1)         A bed for each offender, securely fastened to the cell;

2)         Clean bedding, including a mattress, blanket, sheets, pillow and pillow case for each offender;

3)         A wash basin with running water and flushable toilet facilities (controls may be located outside the cell); and

4)         Adequate lighting for reading and observation purposes.

c)         Segregation cells shall be located at or above ground level, provide visual access to natural light, and have heat and ventilation consistent with the climate.

d)         Each cell shall have a door and a food passage.  Any solid cell door shall have a vision panel or shall be designed to allow light to enter and permit observation.

e)         The use of physical restraints to confine the offender's movements within the cell shall generally be prohibited.

f)         Each cell shall be maintained in a sanitary condition and cleaning materials shall be made available on a regular basis.

g)         Personal health and hygiene needs of the offender shall be permitted as follows:

1)         A shower and shave no less than three times per week.

2)         State issued toilet tissue, soap, towel, toothbrush and toothpaste for daily use if the offender has insufficient commissary funds to purchase these items.

3)         A weekly exchange of clean institutional clothes or availability of laundry services at least weekly.

4)         False teeth, eye glasses and other essential items of personal hygiene and health shall be permitted unless they are a threat to safety or security.

h)         Offenders in segregation status shall be permitted personal property as approved by the Chief Administrative Officer, except for property prohibited by 20 Ill. Adm. Code 535.

i)          Offenders in segregation status shall be demoted to "C" grade.  Privileges shall be in accordance with grade (Section 504.130).

j)          Persons in segregation status shall receive nutritionally adequate food.

k)         Visits shall be permitted in accordance with 20 Ill. Adm. Code 525.Subpart A.  Video visitation for offenders in segregation status shall be prohibited.

l)          Medical personnel shall visit the segregation unit daily to screen requests for medical attention, and a physician shall visit the unit on a weekly basis.

m)        A mental health professional shall conduct mental health rounds in the segregation unit, at minimum, once every seven calendar days.

n)         A chaplain designated by the Chief Administrative Officer shall visit the segregation area once every seven calendar days.

o)         Each offender in segregation status shall be contacted by a correctional counselor at least once every 30 calendar days.

p)         Continued involvement in programs may be permitted on an individual basis on approval of the Chief Administrative Officer.

q)         Offenders shall be afforded the opportunity for exercise outside their cells in accordance with Section 504.670.

r)          Offenders in segregation status shall have the same mail privileges as those provided for persons in the general population (20 Ill. Adm. Code 525.Subpart B).  Electronic mail privileges for offenders in segregation status shall be prohibited.

s)         Offenders in segregation status shall be permitted reading materials and shall have access to materials from the facility library and legal library.  Physical access to the library need not be provided.

t)          Any equipment, personal property or material provided or allowed in the cell of an offender in segregation status, in accordance with this Subpart, may be removed or restricted as approved by the Chief Administrative Officer if the offender destroys, damages or abuses it in a manner that jeopardizes the safety of any person or the facility or disrupts institutional safety or order.

(Source:  Amended at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.630  Investigative Confinement

Offenders placed in confinement pending completion of an investigation shall be provided with the same conditions and services as those required for the segregation area.

(Source:  Amended at 27 Ill. Reg. 6214, effective May 01, 2003)

Section 504.640  Confinement Pending Transfer (Repealed)

(Source:  Repealed at 12 Ill. Reg. 8351, effective June 1, 1988)

Section 504.650  Confinement in Control Segregation (Repealed)

(Source:  Repealed at 22 Ill. Reg. 1206, effective January 1, 1998)

Section 504.660  Administrative Detention (Renumbered)

(Source:  Section 504.660 renumbered to Section 504.690 at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.670  Recreation for Persons in Segregation Status

a)         The Chief Administrative Officer shall determine the number of hours per week offenders in segregation status may recreate outside their cells. Offenders in segregation status shall be afforded the opportunity to recreate outside their cells a minimum of eight hours per week distributed in increments over no less than two days per week, unless otherwise specified by the settlement agreement approved in the case of Rasho et al. v. Baldwin, et al., Case No. 07-1298 in USDC CDIL, or unless otherwise restricted by the Chief Administrative Officer in accordance with this Section.

b)         Unless medically contraindicated, out of cell recreation may be temporarily restricted or suspended if the Chief Administrative Officer determines the activity to be a threat to the safety and security of the facility or any person.  For example:

1)         Offenders who are in segregation status and who are also under investigation may have their congregate recreational opportunities restricted during the pendency of the investigation for a period not to exceed 90 days.

2)         Offenders may have their recreation restricted or limited due to a medical or mental health condition as determined necessary by a health care professional.

3)         Offenders who have been witnesses in criminal cases against other offenders, who are informants, or who otherwise require precautions to ensure their protection may have their congregate recreational opportunities restricted.

4)         Offenders who are classified as high escape risks may have their recreational opportunities restricted.

c)         Offenders who are found guilty, under Subpart A, of:

1)         Committing assault, possessing dangerous contraband,  escape  or aiding or abetting, attempting, soliciting or conspiring to commit any of those offenses while in segregation status may be:

A)        Restricted from congregate recreational opportunities for up to 90 days for the first offense; and

B)        Restricted from congregate recreational opportunities for 30 days or indefinitely placed on limited recreation or both for the second and subsequent offenses.

2)         Any other major rule infraction that is yard-related and was committed while the offender was in segregation status may be restricted from congregate recreation for up to 90 days for the first offense and up to 90 days for each subsequent major offense.

3)         A minor disciplinary offense that is yard-related and was committed while the offender was in segregation status may be restricted from congregate recreation for up to 15 days for the first offense and up to 30 days for each subsequent offense.

d)         Restrictions on recreational opportunities shall be documented, including the type of, length of and reason for the restriction.  A copy of the documentation shall be maintained by the facility, a copy shall be placed in the offender's master record file, and a copy shall be given to the offender.

e)         Whenever an offender's congregate recreation is restricted for more than 90 consecutive days, the restriction and any health concerns must be personally reviewed and approved in writing by an Assistant Chief Administrative Officer or above.

f)         Offenders whose recreational opportunities have been restricted or limited may grieve the determination in accordance with Subpart F.

g)         Recreational opportunities shall not be required during institutional lockdowns or during institutional emergencies, including, but not limited to, riots, strikes, fires, work stoppages, power outages and natural disasters.

(Source:  Amended at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.680  Release from Disciplinary Segregation

The Department shall make every attempt to ensure offenders are not released directly to the community from disciplinary segregation status.  In the event such a release is imminent, within 180 days prior to release:

a)         The Deputy Director shall determine if the offender may transition through a less secure placement option or if continued placement in disciplinary segregation status is appropriate.

b)         If the Deputy Director determines continued placement in disciplinary segregation status is appropriate, a transition and stabilization plan shall be developed and appropriate programming, based on safety and security concerns, shall be provided.

(Source:  Added at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.690  Administrative Detention

Administrative detention is a nondisciplinary status of confinement that removes an offender from general population or restricts the individual's access to general population.

a)         The Chief Administrative Officer may, with the approval of the Director or Deputy Director, place an offender in administrative detention for up to 90 days.

b)         In determining whether to place an offender in administrative detention, the Chief Administrative Officer may consider, among other matters:

1)         The seriousness of the offense;

2)         The safety and security of the facility or any person;

3)         The offender's behavioral and disciplinary history;

4)         Reports and recommendations concerning the offender;

5)         The interview and any submissions of relevant material and information;

6)         Institutional order; and

7)         Other legitimate penological interests.

c)         The Chief Administrative Officer shall review the record of each offender in administrative detention every 90 days to determine whether continued placement is appropriate.

1)         The offender need not be interviewed during these reviews.

2)         The Chief Administrative Officer shall document the decision in writing.

d)         Living conditions in administrative detention shall meet, at minimum, the standards set forth in Section 504.620.  

e)         Telephone privileges shall be afforded in accordance with 20 Ill. Adm. Code 525.150.

f)         Recreation standards for administrative detention shall be determined by the Chief Administrative Officer and shall afford the opportunity for recreation outside the cell no less than amounts established for other statuses of confinement.

(Source:  Section 504.690 renumbered from Section 504.660 and amended at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.700  Applicability (Repealed)

(Source:  Repealed at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.710  Definitions (Repealed)

(Source:  Repealed at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.715  Responsibilities (Repealed)

(Source:  Repealed at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.720  Placement in Confinement (Repealed)

(Source:  Repealed at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.730  Confinement Procedures (Repealed)

(Source:  Repealed at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.800  Applicability

This Subpart applies to offenders assigned to correctional facilities within the Department of Corrections.

(Source:  Amended at 27 Ill. Reg. 6214, effective May 01, 2003)

Section 504.802  Definitions

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

"Department" means the Department of Corrections.

"Director" means the Director of the Department.

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

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

(Source:  Amended at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.805  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.

(Source:  Amended at 22 Ill. Reg. 1206, effective January 1, 1998)

Section 504.810  Filing of Grievances

a)         An offender may file a written grievance on a grievance form that shall be made available in all living units. Grievances shall be addressed to his or her institutional counselor; however, complaints concerning discipline or sexual abuse shall be sent by the offender directly to the Grievance Officer. A grievance must be filed with the counselor or Grievance Officer in accordance with the procedures in this Subpart, within 60 days after the discovery of the incident, occurrence or problem that gives rise to the grievance.  However, if an offender can demonstrate that a grievance was not timely filed for good cause, the grievance shall be considered.  Grievances related to allegations of sexual abuse shall not be subject to any filing time limit.

b)         The grievance procedure shall not be utilized for complaints regarding decisions that have been rendered by the Director, such as, but not limited to, facility placement, awards of supplemental sentence credit or transfer denials, or decisions that are outside the authority of the Department, such as parole decisions, clemency or orders regarding length of sentence.

c)         The original grievance form shall be deposited in the living unit mailbox or other designated repository.  The grievance shall contain factual details regarding each aspect of the offender'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 an offender from filing a grievance when the names of individuals are not known, but the offender must include as much descriptive information about the individual as possible.

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

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

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

3)         If staff assistance writing the grievance form is provided, the name of the individual providing the assistance shall be documented on the form.

e)         Offenders 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 offenders.

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

(Source:  Amended at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.820  Grievance Officer

a)         The Chief Administrative Officer shall appoint two or more employees who may serve as a Grievance Officer to attempt to resolve problems, complaints and grievances that offenders 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.

(Source:  Amended at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.830  Grievance Procedures

a)         Grievances shall be reviewed and a written response provided to the offender.  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;

2)         Are on issues that do not involve or affect the offender;

3)         Are not filed timely, and for which good cause justification for the delay is not provided; or

4)         Are decisions previously rendered by the Director.

b)         Grievances alleging discrimination based on disability or a request for an accommodation based upon disability shall be forwarded to the facility ADA Coordinator. If deemed an ADA issue, the facility ADA Coordinator shall conduct the investigation as deemed appropriate and make written recommendations to the Chief Administrative Officer for resolution of the grievance.

c)         Grievances identified as a Health Insurance Portability and Accountability Act (HIPAA) issue involving the privacy of medical records, access to medical records, restriction of medical records, or an error in medical records shall be forwarded to the facility Privacy Officer.  The facility Privacy Officer shall conduct an investigation and make written recommendations to the Chief Administrative Officer for resolution of the grievance.

d)         An offender may be afforded an opportunity to appear before the Grievance Officer unless the grievance is deemed without merit.  The Grievance Officer may call witnesses as deemed appropriate.

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

(Source:  Amended at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.840  Emergency Procedures

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

a)         If there is a substantial risk of imminent personal injury or other serious or irreparable harm to the offender, the grievance shall be handled on an emergency basis.

b)         If the Chief Administrative Officer determines that the grievance shall be handled on an emergency basis, he or she shall expedite processing of the grievance and respond to the offender, indicating what action shall be or has been taken.

c)         If the Chief Administrative Officer determines that the grievance should not be handled on an emergency basis, the offender shall be notified in writing that he or she may resubmit the grievance as non-emergent, in accordance with the standard grievance process.

(Source:  Amended at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.850  Appeals

a)         If, after receiving the response of the Chief Administrative Officer, the offender still believes 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. The appeal must be received by the Administrative Review Board 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)         An Administrative Review Board shall be appointed by the Director. 

c)         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.

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

e)         The Director shall review the findings and recommendations of the Board and make a final determination of the grievance within six months after receipt of the appealed grievance, when reasonably feasible under the circumstances.  The offender shall be sent a copy of the Director's decision.

f)         In those instances in which an offender 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.

(Source:  Amended at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.860  Records

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

(Source:  Amended at 27 Ill. Reg. 6214, effective May 01, 2003)

Section 504.870  Direct Review by Administrative Review Board

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

1)         Decisions regarding protective custody placement, including continued placement in or release from protective custody.

2)         Decisions regarding the involuntary administration of psychotropic medication.

3)         Decisions regarding disciplinary proceedings that were made at a facility other than the facility where the offender is currently assigned.

4)         Other issues that pertain to a facility other than the facility where the offender is currently assigned, excluding personal property and medical issues.

b)         The Administrative Review Board shall review and process the grievance in accordance with Section 504.850.

(Source:  Amended at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.900  Applicability

This Subpart applies to persons committed to the Department of Corrections who have been released from correctional facilities and are under the supervision of the Department.

(Source:  Amended at 27 Ill. Reg. 6214, effective May 01, 2003)

Section 504.905  Definitions

"Department" means the Department of Corrections.

"Director" means the Director of the Department.

"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.).

"Parole Commander" means the supervisor of a parole office 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 or mandatory supervised release, but who has not yet been discharged from a correctional facility.

(Source:  Amended at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.910  Responsibilities

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

(Source:  Amended at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.920  Filing of Grievances

a)         Releasees who have been unable to resolve complaints or problems through parole staff may file a written grievance with the Parole Commander.  A grievance must be filed within 60 days after the discovery of the incident, occurrence or problem that 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 offender must include as much descriptive information about the individual as possible.

(Source:  Amended at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.930  Review of Grievances

a)         The Parole Commander 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 an investigation as deemed appropriate and make written recommendations to the Parole Commander for resolution of the grievance.

b)         The Parole Commander shall interview the releasee, unless the grievance is deemed without merit, and shall evaluate and respond to the grievance in writing within two months, when 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.

(Source:  Amended at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.940  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 Corrections

            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 six months after receipt of the appealed grievance, when reasonably feasible under the circumstances.

(Source:  Amended at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.APPENDIX A   Offense Numbers and Definitions

100.     VIOLENT ASSAULT OF ANY PERSON

Causing a person, substance or object to come into contact with another person in a deadly manner or in a manner that results 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. 

102a.   ASSAULT WITH INJURY

Causing a person, substance or object to come into contact with, and resulting in injury to, a staff member, contractual employee, official visitor, visitor or volunteer. 

102b.   ASSAULT

Causing a person, substance or object to come into contact with a staff member, contractual employee, official visitor, visitor or volunteer in an offensive or provocative manner; or fighting with a weapon.

102c.   ASSAULT TO AN OFFENDER

Causing a person, substance or an object to come into contact with any offender 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 threaten the control or security of a facility or seriously disrupt or endanger the operations of a 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

Leaving or failing to return to lawful custody without authorization, including the failure to return from furlough, leave or authorized absence within two 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. However, private masturbation in the offender's living area, excluding a deliberate display of the act or to affront others, shall not be considered sexual misconduct.

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 in an attempt to undermine or alter the course of the investigation.

111.     SECURITY THREAT GROUP OR UNAUTHORIZED ORGANIZATIONAL LEADERSHIP ACTIVITY

Knowingly accepting or assuming any leadership position or a position of authority over other offenders in any security threat group or unauthorized organization; or pressuring, recruiting, organizing, authorizing or directing others to engage in security threat group or unauthorized organizational activities, meetings or criminal acts on behalf of an organization not approved pursuant to 20 Ill. Adm. Code 445 or 450.

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, unauthorized controlled medication, controlled substance, unidentifiable medication 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 two hours after the request; or destroying or tampering with drug or alcohol tests or testing equipment. 

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 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. 

206.     INTIMIDATION OR THREATS

Expressing by words, actions or other behavior an intent to cause harm to any person or property that creates the reasonable belief that physical, monetary or economic harm to that person or to another will result; or any unauthorized contact or attempt to contact staff outside of official Department business. 

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 manufacturing 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 offender's cell or room or that 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, former employee or volunteer, 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

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 dependents on the forms provided; or refusing to cooperate in revealing financial assets on the form provided.

214.     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. 

215.     DISOBEYING A DIRECT ORDER ESSENTIAL TO SAFETY AND SECURITY

Willfully refusing, or neglecting to comply with, an order when continued refusal results in a use of force to maintain the safety and security of a facility.  This shall include, but not be limited to, refusing to submit to a search, refusing to submit to the application of mechanical restraints, refusing a designated housing assignment or refusing to leave an area.

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 authorized by the facility; or property that has been altered from its original state. This offense includes prescribed medication misuse, such as, but not limited to, prescribed medication that is expired, loose or 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, authorized electronic communication or recreational activities.  This includes unauthorized telephone usage, three-party calls, call forwarding, corresponding or communicating, by any means, 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.

312.     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, veteran's benefits, grants, scholarships or loans. 

313.     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. 

402.     HEALTH, SMOKING OR SAFETY VIOLATIONS

Smoking; 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.

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.  The underlying offense must be specified in the disciplinary report.

(Source:  Amended at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.TABLE A   Maximum Penalties

(Source:  Amended at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.TABLE B   Maximum Penalties for Juvenile Offenders (Repealed)

(Source:  Repealed at 41 Ill. Reg. 3869, effective April 1, 2017)

Section 504.TABLE C   Offenses and Maximum Penalties − Community Services Division (Repealed)

(Source:  Repealed at 27 Ill. Reg. 6214, effective May 1, 2003)