Section 720.5  Definitions

 

            "Cell" means an area that has three walls and a grilled front and door or a security glass front and door that is used to detain or confine adults or to detain juveniles 16 years of age or older.

 

            "Chief of Police" means the chief executive law enforcement officer of the municipality or any designee.

 

            "Department" means the Illinois Department of Corrections.

 

            "Detention room" means an area that has four walls and a door that is used to detain juveniles or adults.

 

            "Jail or lockup", hereafter referred to as jail, means a security facility operated by the municipal police department for the temporary detention of persons who are being held for investigation pending disposition of their cases by the judiciary or who are waiting transfer to another institution.

 

            "Jail and Detention Standards Unit" means the unit within the Division of Support Services of the Department of Corrections which is authorized to monitor compliance with Municipal Jail and Lockup Standards.

 

            "Unit" means the Jail and Detention Standards Unit.

 

(Source:  Amended at 22 Ill. Reg. 19227, effective November 1, 1998)

 

Section 720.10  Legal Authority to Establish Standards and Exercise Supervision over Jails

 

In accordance with Section 3-15-2 of the Unified Code of Corrections [730 ILCS 5/3-15-2]:

 

a)         The Department shall establish minimum standards for the physical condition of jails and for the treatment of detainees with respect to their health and safety and the security of the community and to make recommendations to such institutions to assure compliance with the requirements of such minimum standards.

 

b)         At least once each year, the Department may inspect each adult facility for compliance with the standards established and the results of such inspection shall be made available by the Department for public inspection.

 

1)         If any jail does not comply with the standards established, the Director of Corrections shall give notice to the municipality of such noncompliance, specifying the particular standards that have not been met by such facility.

 

2)         If the facility is not in compliance with such standards when six months have elapsed from the giving of such notice, the Director of Corrections may petition the appropriate court for an order requiring such facility to comply with the standards established by the Department or for other appropriate relief.

 

c)         The Department may provide consultation services for the design, construction, programs and administration of jails operated by municipalities and may make studies and surveys of the programs and the administration of such facilities.  Personnel of the Department shall be admitted to these facilities as required for such purposes.  The Department may develop and administer programs of grants-in-aid for correctional services in cooperation with local agencies. The Department may provide courses of training for the personnel of such institutions and conduct pilot projects in the institutions.

 

(Source:  Amended at 22 Ill. Reg. 19227, effective November 1, 1998)

 

Section 720.20  Legal Rights of Accused While in Custody

 

a)         Treatment While in Custody

 

1)         On being taken into custody every person shall have the right to remain silent.

 

2)         No unlawful means of any kind shall be used to obtain a statement, admission, or confession from any person in custody.

 

3)         Persons in custody shall be treated humanely and provided with proper food, shelter, and, if required, medical treatment. [725 ILCS 5/103-2]

 

b)         Right to Communicate with Attorney and Family – Transfers

 

1)         Persons who are arrested shall have the right to communicate with an attorney of their choice and a member of their family by making a reasonable number of telephone calls or in any other reasonable manner. Such communication shall be permitted within a reasonable time (generally within the first hour) after arrival at the first place of custody.

 

2)         In the event the accused is transferred to a new place of custody, his or her right to communicate with an attorney and a member of his or her family is renewed. [725 ILCS 5/103-3]

 

c)         Right to Consult with an Attorney

 

1)         Any person committed, imprisoned or restrained of his or her liberty for any cause whatever and whether or not such person is charged with an offense shall, except in cases of imminent danger of escape, be allowed to consult with any licensed attorney at law of this State whom such person may desire to see or consult, alone and in private at the place of custody, as many times and for such period each time as is reasonable.

 

2)         When any such person is about to be moved beyond the limits of this State under any pretense whatever, the person to be moved shall be entitled to a reasonable delay for the purpose of obtaining counsel and of availing himself or herself of the laws of this State for the security of personal liberty. [725 ILCS 5/103-4]

 

d)         Posting Notice of Rights

Every chief of police shall post in every room, other than cells, of such buildings where persons are held in custody, in conspicuous places where it may be seen and read by persons in custody and others, a poster, printed in large type, containing a verbatim copy in the English language of the provisions of Sections 103-2, 103-3, 103-4, 109-1, 110-2, 110-4, and subparts (a) and (b) of Section 110-7 and 113-3 of the Code of Criminal Procedure. [725 ILCS 5/103-7] (Notice of Rights posters in English and Spanish are available from the Jail and Detention Standards Unit.)

 

e)         Mandatory Duty of Officers

Any peace officer who intentionally prevents the exercise by an accused of any right conferred by this Article or who intentionally fails to perform any act required of him or her by this Article shall be guilty of official misconduct and may be punished in accordance with Section 33-3 of the Criminal Code of 1961. [725 ILCS 5/103-8]

 

(Source:  Amended at 22 Ill. Reg. 19227, effective November 1, 1998)

 

Section 720.25  Administration

 

a)         Staff Training

 

1)         All jail officers and other persons assigned jail duties shall be oriented and trained in local jail procedures by persons authorized by the Chief of Police.  Such training shall include security measures such as use of restraints, force, and chemical agents; handling special incidents such as assaults, disturbances, fires, natural disasters, evacuation procedures, escapes, communications, and crime scene protection; and suicide prevention.  Such training may include familiarization with identification of signs and management of mentally impaired detainees and first aid and CPR training.

 

2)         Written documentation of staff training, including orientation and familiarization, shall be maintained.

 

3)         Jail officers and other personnel assigned to jail duty shall be familiar with the standards in this Part and shall be thoroughly acquainted with all security features of the jail and the location and use of all emergency equipment and first aid supplies.  Such familiarization shall be documented.

 

b)         Written Procedures

A current written manual of policies and regulations for the operation of the jail shall be established by the Chief of Police and be accessible to each employee.  The manual shall include written procedures for fires, riots, escapes, hostage situations, major disturbances, use of chemical agents, medical emergencies including suicide prevention and crisis intervention, bomb threats, severe weather, and natural disasters.

 

c)         Post Description

A comprehensive duty description for each operational jail position shall be in writing.  Employees shall be familiar with the written post description prior to assuming the post.

 

d)         Records

The Chief of Police shall assure that all records required by this Part are maintained and available for examination by staff of the Jail and Detention Standards Unit.

 

e)         Discrimination and Harassment

The Chief of Police shall prohibit unlawful discrimination and harassment of employees, detainees, and any other persons within the jail on the basis of race, gender, age, religion, national origin, and disability, among other matters.

 

f)         Jail Officer Staffing

 

1)         Each jail must have sufficient personnel to provide adequate supervision of detainees.

 

2)         No person shall be confined without an officer or other qualified staff, awake and alert at all times, on continuous duty in the jail.

 

3)         Supervision shall be provided by a person of the same sex, where feasible, during periods of personal hygiene activities such as use of showers and toileting.

 

g)         Health Services

Any seriously injured, seriously ill, or unconscious person shall not be admitted to the jail until a medical examination has been conducted by a jail physician.  A jail physician is a physician designated by the Chief of Police.

 

1)         The Chief of Police shall order a detainee's removal to a hospital upon the recommendation of the jail physician.

 

2)         A written record of all physicians' visits, examinations, and treatment shall be maintained.

 

3)         Medication provided to detainees shall be recorded in a log, including the detainee's and the employee's names, the date and time, and the type and amount of medication.

 

h)         Personal Property

The Chief of Police shall determine what personal property, if any, a detainee may retain.  Receipts must be issued for all personal property taken from a detainee.  Personal property, except for items confiscated as evidence, shall be returned to the detainee or his or her designee upon release and such return shall be documented.

 

(Source:  Added at 22 Ill. Reg. 19227, effective November 1, 1998)

 

Section 720.30  Use of Jails

 

a)         The maximum period of detention in a jail should not normally exceed 48 hours, except when detention occurs at the beginning of a weekend or holiday.

 

b)         No minor under 16 years of age may be confined in a jail or place ordinarily used for the confinement of prisoners in a police station. Minors under 17 years of age shall be kept separate from confined adults and may not at any time be kept in the same cell, room, or yard with adults confined pursuant to the criminal law. (Section 5-7 of the Juvenile Court Act [705 ILCS 405/5-7].)  However, no minor shall be detained in a municipal jail for more than six hours.

 

c)         A detainee with a known history of mental disorder or mental defect, or a detainee who shows evidence of such condition, shall be detained only temporarily in a municipal jail and transferred as soon as possible.  In the event such a detainee is received, the detainee shall be afforded appropriate supervision as determined by the Chief of Police or his or her designee until transferred.  The Chief of Police shall immediately notify the appropriate authorities regarding the mental condition of the detainee so that a transfer can be effected.

 

(Source:  Amended at 22 Ill. Reg. 19227, effective November 1, 1998)

 

Section 720.40  Minimum Physical Standards – Existing Buildings

 

The building in which a jail is located must:

 

a)         Conform to the building, fire, safety, and health requirements of local, State, and federal authorities.  State of Illinois standards for a jail which exceed those of a federal or local authority shall take precedence.

 

b)         Be well lighted to provide at least 20 footcandles at 30" above the floor in the detention area and in other parts of the jail.

 

c)         Be heated and cooled according to the season with a system designed to eliminate disagreeable odors and to routinely provide temperatures within the normal comfort zone (67º to 85º F).

 

d)         Have electrical conduits, fixtures, switches, and outlets that are inaccessible to the reach of detained persons or that are of tamper proof construction.

 

e)         Have all exterior windows in the detention area security screened or barred.  Those exterior windows that can be opened must also be insect screened.

 

(Source:  Amended at 22 Ill. Reg. 19227, effective November 1, 1998)

 

Section 720.50  Minimum Cell and Detention Room Standards − Existing Facilities

 

a)         Male and female detainees shall be confined in completely segregated areas.

 

1)         The confinement area for males and females shall be located so that physical, visual, and auditory contact by detainees of the opposite gender is prevented.

 

2)         Juveniles shall be confined in areas that are completely separated from adults.  Minors under 17 may be housed in detention rooms or cells while minors under 16 shall not be housed in cells.

 

b)         The minimum size of each cell shall provide at least 50 square feet of floor space. Detention rooms shall provide at least 64 square feet of floor space.

 

c)         All existing cells and detention rooms shall be designated single occupancy. Multiple occupancy shall not be used until all cells and detention rooms are in use. However, no more than two detainees may be housed in a single cell or detention room.

 

d)         Each cell or detention room shall be equipped with:

 

1)         A rigidly constructed metal or concrete bed, with a solid or perforated steel bottom, anchored to the floor or walls.  A metal bench may be used if detention is eight hours or less.

 

2)         A washbasin with piped hot and cold water if detention exceeds eight hours.  If detention is eight hours or less, access to a washbasin with cold water must be provided in or contiguous to cells or detention rooms.

 

3)         A toilet if detention is for more than eight hours. Access to toilet facilities must be provided in or contiguous to the cells or detention rooms if detention is for eight hours or less.

 

4)         Security light fixtures providing an illumination level sufficient for distinct visual supervision from the cell door.  Illumination may be provided by a light fixture in the inspection corridor, provided it is not accessible to detainees.

 

e)         Cells shall not be constructed of wood or flammable material.

 

f)         Cells or detention rooms located in a basement must be adjacent to the office of the jailer responsible for supervision and care of detainees.

 

1)         A basement is defined as a story whose floorline is below grade at any entrance or exit and whose ceiling is not more than five feet above grade at any such entrance or exit.

 

2)         The basement detention area must be provided with adequate light, heat, and forced-air ventilation.

 

g)         All requirements of a physical nature shall be complied with by the municipalities.

 

1)         However, if the Department of Corrections has previously given written approval for final architectural plans for new construction or remodeling and construction commences within one year after such approval, new standards of a physical nature will not be enforced.

 

2)         Noncompliance pertaining to physical conditions that adversely affect the treatment of detainees with respect to their health and safety may be considered for further action under the provisions of Section 3-15-2 of the Unified Code of Corrections [730 ILCS 5/3-15-2].

 

h)         Variances connected with physical requirements established herein may be granted by the Director of the Department of Corrections for existing facilities for a specific period of time. Variance expiration dates will be determined at the time granted.   Variance requests of an administrative nature will not be granted.   In determining whether to grant a variance, the Department shall consider, among other factors, the nature of the standard, previous noncompliance, the cost, the population, the alternative means of complying with the intent of the standard, the length of time requested for the variance, the consequences if the variance is not granted, and the safety and security of the facility or individuals.

 

1)         The variance request must be in writing and pertain to a specific standard.  The request must describe the reasons for the variance; the period of time for the variance; any hardship the facility might experience by complying with the standard; plans to be implemented to eventually comply with the particular standard; and a statement that the variance would not adversely affect the health and safety of detainees or security of the jail.

 

2)         The approval or denial of a variance request will be returned by letter to the requesting governmental agency.

 

3)         The Director of the Department of Corrections, at his or her discretion, may grant a renewal of the variance provided documentation is received from the governing body which indicates a good faith effort on its part to effect necessary actions to comply with the standard in question.

 

(Source:  Amended at 22 Ill. Reg. 19227, effective November 1, 1998)

 

Section 720.60  Supervision

 

a)         Persons confined shall be supervised by a jail officer or other qualified staff. For most municipalities, a radio operator on duty will suffice, provided duties do not interfere with the conduct of the following supervisory checks:

 

1)         A visual check by personal inspection of each person confined shall be conducted, not including observation by a monitoring device, at least once every 30 minutes, unless continuous audio and visual checks conducted  with a monitoring device has been approved as a variance in accordance with Section 720.50(h) or the individual has been restrained. Persons restrained shall be checked at least every 15 minutes.

 

2)         Visual checks shall be recorded by a mechanical device or logged in ink indicating:

 

A)        Time of check;

 

B)        Signature, initials, badge number, or any other personal identifier of the responsible person; and

 

C)        Any relevant remarks.

 

b)         Physical restraints, including therapeutic restraints, shall not be placed upon a detainee to confine his or her movements within a cell or detention room other than for the specific purpose of preventing the detainee from injuring himself or herself or others or from damaging or destroying property.

 

1)         A written report shall be placed on file whenever restraint devices are applied.  The report shall include the date and time and the purpose for which the physical restraints have been applied.

 

2)         Persons placed in therapeutic restraints shall be monitored as recommended by the jail physician.

 

3)         Additionally, each individual case shall be reviewed at least once during each shift to determine the necessity for such restraints.  The identity of the person conducting the review, the date and time, and either the reason for continued use of restraints or the discontinuance of restraints shall be documented.

 

c)         Any use of force shall not be prohibited simply because the jail officer or staff member using such force is not of the same gender as the detainee.

 

d)         Detainees shall be supplied with the following materials on an as needed basis:

 

1)         Personal hygiene items, such as toilet tissue, soap, paper towels, and feminine hygiene items; and

 

2)         Disposable drinking cups, if the washbasin is not drinking fountain equipped.

 

e)         Clean bedding shall be provided for detainees confined overnight (that is, continuous confinement between the hours of 10:00 p.m. and 6:00 a.m.). Clean bedding shall consist of a flame retardant mattress, a mattress cover if the mattress cannot be sanitized after use, and blankets appropriate to the season of the year or temperature of the facility.  Bedding, including the mattress or mattress cover, sheets, or pillow cases, shall be laundered or otherwise sanitized prior to reissue.  Mattresses or mattress covers that have been soiled with body fluids or waste shall be handled using standard universal precautions to reduce exposure to bloodborne pathogens and shall be appropriately laundered, sanitized, or discarded.

 

f)         Persons confined beyond 48 hours shall be permitted to shower or bathe once every 48 hours.  Clean towels shall be provided when showering or bathing.

 

(Source:  Amended at 22 Ill. Reg. 19227, effective November 1, 1998)

 

Section 720.70  Security

 

a)         Detainees shall be given an immediate frisk search.

 

b)         Strip searches shall be performed in accordance with Section 103-1 of the Code of Criminal Procedure of 1963 [725 ILCS 5/103-1].

 

1)         No person arrested for a traffic, regulatory, or misdemeanor offense, except in cases involving weapons or a controlled substance, shall be strip searched unless there is reasonable belief that the individual is concealing a weapon or controlled substance.

 

2)         "Strip search" means having an arrested person remove or arrange some or all of his or her clothing so as to permit a visual inspection of the genitals, buttocks, anus, female breasts, or undergarments of such person.

 

3)         All strip searches shall be performed by persons of the same sex as the arrested person and on premises where the search cannot be observed by persons not physically conducting the search.

 

4)         Every peace officer or employee of a police department conducting a strip search shall:

 

A)        Obtain the written permission of the police commander or an agent thereof designated for the purposes of authorizing a strip search in accordance with this Section.

 

B)        Prepare a report of the strip search.  The report shall include the written authorization required by subsection (b)(4)(A) of this Section, the name of the person subjected to the search, the names of the persons conducting the search, and the time, date, and place of the search.  A copy of the report shall be provided to the person subject to the search.

 

5)         No search of any body cavity other than the mouth shall be conducted without a duly executed search warrant; any warrant authorizing a body cavity search shall specify that the search must be performed under sanitary conditions and conducted either by or under the supervision of a physician licensed to practice medicine in all of its branches in this State.

 

6)         Any peace officer or employee who knowingly or intentionally fails to comply with any provisions of this Section 720.70(b) is guilty of official misconduct as provided in Section 103-8 [725 ILCS 5/103-8]; provided, however, that nothing contained in this Section shall preclude prosecution of a peace officer or employee under another Section of the Code of Criminal Procedure.

 

c)         Any officer who enters a cell or detention area where a person is confined shall not be armed with a firearm, except in emergency circumstances where the use of deadly force may be authorized by Section 7-9 of the Criminal Code of 1961 [720 ILCS 5/7-9] or Section 3-6-4 of the Unified Code of Corrections [730 ILCS 5/3-6-4].

 

d)         Prior to any officer or other person responsible for detainee supervision entering an occupied cell or detention room, another qualified police employee shall be present.

 

e)         Cells and detention rooms shall be examined for the presence of unauthorized objects before being reassigned to another detainee.

 

f)         All fixtures, equipment, wiring, and conduits shall be properly maintained.

 

g)         Eating utensils shall be removed from cells and detention rooms after each meal.

 

h)         Any open or contact visits must be closely supervised and the detainee shall be searched before and after the visit.

 

i)          Visitors are subject to search and a search notice sign must be conspicuously posted.

 

j)          A record of all keys inventoried and issued shall be maintained.

 

(Source:  Amended at 22 Ill. Reg. 19227, effective November 1, 1998)

 

Section 720.75  Telephone and Visits

 

a)         Detainees may be required to bear the expense of any telephone calls they make or to place only collect calls.

 

b)         Telephone calls may be monitored unless prior special arrangements have been made to make or receive confidential telephone calls to or from the detainee's attorney.  A notice stating telephone calls may be monitored or recorded shall be posted by each telephone from which detainees may place calls.

 

c)         Rules governing the use of the telephone and visits shall be established by the Chief of Police.  Violation of telephone or visiting rules may result in suspension of the detainee's use of the telephone or visits, except as required by law.

 

(Source:  Added at 22 Ill. Reg. 19227, effective November 1, 1998)

 

Section 720.80  Food

 

Three meals per day shall be furnished.

 

a)         Food must be of sufficient nutritional value and provide a daily minimum of 1,800 to 2,000 calories for adults and 2,500 to 3,000 calories for juveniles.

 

b)         Food quantity must be sufficient to satisfy, within reason, the detainee's needs.

 

c)         Meals shall be provided at reasonable and proper intervals, that is, adhering to recognized breakfast, lunch, and dinner schedules.

 

d)         A drink other than water shall be served with each meal.

 

e)         Of the three daily meals provided, at least one shall be a balanced and complete hot meal if the detainee is confined for longer than 24 hours.

 

f)         Special diets shall be adhered to when prescribed by a jail physician, clinic, or hospital designated by the Chief of Police.

 

g)         A copy of the menu served shall be maintained for a period of three months.

 

h)         Detainees shall be served in their cells or detention rooms.

 

(Source:  Amended at 22 Ill. Reg. 19227, effective November 1, 1998)

 

Section 720.90  Sanitation

 

a)         When occupied, cells and detention rooms shall be cleaned daily.

 

b)         Areas adjacent to cells and detention rooms shall be maintained in a clean and orderly condition.  Walkways and corridors shall not be used as storage areas.

 

c)         A vermin and pest control program shall be implemented.

 

(Source:  Amended at 22 Ill. Reg. 19227, effective November 1, 1998)

 

Section 720.100  Fire Protection

 

a)         Based on the size of the facility, there shall be at least one fire extinguisher installed in the basement and on each floor for each 5,000 square feet of floor area.

 

1)         Extinguishers shall be readily accessible to staff but not to detainees.  The local fire department shall be contacted regarding the location, type, and number of fire extinguishers required.

 

2)         Extinguishers shall be examined not less than once each year and tagged with the date of inspection and initials of the inspector.

 

3)         All jail personnel shall be familiar with the characteristics and operation of all types of extinguishers in the facility.

 

b)         Emergency exit doors shall be clearly indicated with at least 4½ inch block lettering stating "Exit" in all capital letters; their location shall be made known to all jail personnel; and the keys for the doors shall be immediately available to jail staff.  There shall be at least two exits from each floor of detention.

 

(Source:  Amended at 22 Ill. Reg. 19227, effective November 1, 1998)

 

Section 720.110  Emergency Plan

 

a)         Each jail shall have, in writing, detailed plans that include procedures for emergencies, such as:

 

1)         Fires, severe weather periods, and civil disasters;

 

2)         Riots or major disturbances;

 

3)         Battery on jail officers;

 

4)         Battery on detainees;

 

5)         Escapes or escape attempts;

 

6)         Contagious diseases; and

 

7)         Medical (epilepsy, heart attacks, etc.).

 

b)         Emergency plans must be known and understood by all personnel.

 

c)         There shall be at least one full set of keys, separate from those in use, stored in a safe place accessible only to police department personnel for use in the event of an emergency.

 

(Source:  Amended at 22 Ill. Reg. 19227, effective November 1, 1998)

 

Section 720.120  Detainee Records

 

a)         Minimum identification data and information shall be recorded for each person detained as follows:

 

1)         Name.

 

2)         Aliases and nicknames.

 

3)         Address.

 

4)         Age and date of birth.

 

5)         Person to notify in case of emergency, including address and telephone number.

 

6)         Physical description, gender, and characteristic marks.

 

7)         Occupation.

 

8)         Offense.

 

9)         Date and time of admission and authority.

 

10)         Name and title of officers presenting and receiving detainee.

 

11)         Previous arrest record and convictions.

 

12)         Itemized record of detainee's cash and other valuables, expenditures, and receipts while in custody.

 

13)         Disposition of case and authority.

 

14)         Date of release or transfer.

 

b)         Juvenile and adult records shall be kept separate from each other.

 

(Source:  Amended at 22 Ill. Reg. 19227, effective November 1, 1998)

 

Section 720.130  Reports to the Jail and Detention Standards Unit

 

a)         Adult Population Reports – The Chief of Police shall furnish quarterly population reports to the Jail and Detention Standards Unit, utilizing appropriate forms supplied by the Unit.

 

1)         The report shall include the total number of adult males and adult females detained during the month.

 

2)         Reports shall be submitted by the tenth day of each month following the end of each quarter, including those months in which no persons were detained.  Reports shall include only those persons securely confined and not those merely arrested.

 

b)         Juvenile Population Reports – The Chief of Police shall furnish monthly population reports to the Jail and Detention Standards Unit, utilizing appropriate forms supplied by the Unit.

 

1)         The report shall include the total number of juvenile males and juvenile females securely detained during the month; the initials, date of birth, age, sex, and race of each juvenile; the offense and offense code for which the juvenile is being held; whether the juvenile has been adjudicated; the date and time the juvenile was securely detained; the date and time the juvenile was released; and to whom the juvenile was released or transferred.

 

2)         Reports shall be submitted by the tenth day following each month, including those months in which no persons were detained.  Reports shall include only those persons securely detained and not those merely arrested.

 

c)         Extraordinary or Unusual Occurrences – All extraordinary or unusual occurrences shall be reported to the Jail and Detention Standards Unit utilizing appropriate forms supplied by the Unit.

 

1)         Reports shall be forwarded within 72 hours after the occurrence or its discovery.

 

2)         Extraordinary or unusual occurrences shall mean:

 

A)        Death, regardless of cause.

 

B)        Attempted suicide (if hospitalization or medical treatment is required).

 

C)        Serious injury.

 

D)        Escape or attempted escape.

 

E)        Serious fire resulting in property damage, personal injury, or evacuation.

 

F)         Detainee disturbance involving four or more individuals, riot, or hostage situation.

 

G)        Battery on a staff member, visitor, or volunteer by a detainee.

 

H)        Battery on detainee by a staff member.

 

I)         Battery on detainee by another detainee if hospitalization or extensive medical treatment is required.

 

J)         Sexual assault.

 

K)        Occurrences of contagious or infectious disease or illness within the facility, excluding names of detainees or others involved.

 

L)        Discovery of firearms or weapons, as defined in 720 ILCS 5/31A-1.1, in cells, detention rooms, or other detainee areas.

 

M)       A written or oral act of intimidation by a detainee on detainees or staff for which criminal charges result.

 

N)        Use of chemical agents.

 

O)        Major property damage.

 

(Source:  Amended at 22 Ill. Reg. 19227, effective November 1, 1998)

 

Section 720.140  Use of Force

 

a)         Officers shall not strike or lay hands on a detainee or employ the use of chemical agents except:

 

1)         In self-defense.

 

2)         To prevent escape.

 

3)         To prevent serious injury or damage to person or property.

 

4)         To quell a disturbance.

 

5)         To effect detention.

 

6)         To establish control.

 

b)         Force shall be employed only as a last resort or when other means are unavailable or inadequate and only to the degree reasonably necessary to achieve a permitted purpose.

 

c)         Following the use of chemical agents, appropriate measures as recommended by the manufacturer shall be taken to minimize the effect of the chemicals.

 

(Source:  Amended at 22 Ill. Reg. 19227, effective November 1, 1998)

 

Section 720.150  Juvenile Detention

 

a)         Statutory Provisions

Sections 5-3 and 5-7 of the Juvenile Court Act of 1987 [705 ILCS 405/5-3 and 5-7] state:

 

1)         "Delinquent minor" means any minor who prior to his or her 17^th birthday has violated or attempted to violate, regardless of where the act occurred, any federal or state law or municipal ordinance.

 

2)         "Detention" means the temporary care of a minor alleged or adjudicated as a person described in subsection (a)(1) of this Section who requires secure custody for his or her own or the community's protection in a facility designed to physically restrict his or her movements, pending disposition by the court for placement or commitment.  Design features which physically restrict movement include, but are not limited to, locked rooms and the secure handcuffing of a minor to a rail or other stationary object.

 

3)         "Juvenile Detention Home" means a public facility with specially trained staff that conforms to the county juvenile detention standards (20 Ill. Adm. Code 702).

 

4)         No minor shall be detained in a municipal lockup for more than six hours.

 

A)        The period of detention is deemed to have begun once the minor has been placed in a locked room or cell or handcuffed to a stationary object in a building housing a municipal lockup.  Time spent transporting a minor is not considered to be time in detention or secure custody.

 

B)        Any minor so confined shall be under periodic supervision and shall not be permitted to come into or remain in contact with adults in custody in the building.

 

C)        Upon placement in secure custody in a jail or lockup, the minor shall be informed of the purpose of the detention, the time it is expected to last and the fact that it cannot exceed six hours.

 

D)        A log shall be kept that shows the offense which is the basis for the detention, the reasons and circumstances for the decision to detain and the length of time the minor was in detention.

 

E)        Violation of the 6-hour time limit on detention in a municipal lockup shall not, in and of itself, render inadmissible evidence obtained as a result of the violation of this 6-hour time limit.

 

F)         No minor under 16 years of age may be confined in a jail or place ordinarily used for the confinement of prisoners in a police station.  Minors under 17 years of age shall be kept separate from confined adults and may not at any time be kept in the same cell, room, or yard with adults confined pursuant to criminal law.

 

b)         Minimum Standards

 

1)         All standards in the preceding Sections of this Part apply equally to minors except when prohibited by law or by the standards in this Part.

 

2)         Confined minors shall be kept separate by sight and sound from confined adults.  There shall be no contact between confined adults and confined juveniles in cells and detention rooms.  This does not prohibit inadvertent or occasional contact in non-residential areas, such as entrances, corridors, elevators, and booking areas.

 

3)         A parent, legal guardian, or person with whom the minor resides shall be notified of the minor's detention if the law enforcement officer has been unable to do so.

 

4)         Records of all minors under 17 years of age must be maintained separate from the records of adult arrests.  Names of juveniles shall not be recorded in the same ledgers, jail registrars, monthly population reports or other records that are subject to public review.

 

5)         Records shall not be open to public inspection nor shall the contents be disclosed to the public, except by order of the court or when the institution of criminal proceedings has been permitted or the person has been convicted of a crime and is the subject of pre-sentence investigation or proceedings on an application for probation or as otherwise permitted by law.

 

6)         Juveniles shall, under the following conditions, be provided with supervision by a person of the same sex:

 

A)        When following established procedures which require physical contact or examination such as body searches.

 

B)        During periods of personal hygiene activities and care such as showers, toileting, and related activities.

 

7)         Subsection (b)(6) of this Section does not prohibit the use of necessary force by a staff member of a sex other than that of a detainee.

 

8)         A periodic visual check of juveniles confined shall be made by personal observation, not including observation by a monitoring device. Periodic is defined to be a minimum of at least once every 15 minutes.

 

9)         Juveniles shall be detained in a detention area or detention room.

 

10)         Juveniles shall be provided with meals when they are detained during the facility's normal meal periods.

 

11)         Any evidence of child abuse shall be reported to the Illinois Department of Children and Family Services in accordance with 89 Ill. Adm. Code 300.

 

(Source:  Amended at 22 Ill. Reg. 19227, effective November 1, 1998)

 

Section 720.160  New Construction

 

This Section applies to all new construction, including remodeling, renovation, additions to existing structures, and new structures.

 

a)         All plans and specifications for the construction of municipal jails or the remodeling or renovation of existing facilities must be approved by the Illinois Department of Corrections.  The Department is concerned with all aspects of jail construction, maintenance, and operation which affect the rights, safety, security, care, and welfare of all persons detained and of the staff.  The minimum standards set forth in this Section, or an approved equivalent or greater standard, must be met.

 

1)         One set of preliminary drawings shall be submitted to the Department for review and approval.

 

2)         One complete set of construction or bid drawings and specifications shall be submitted to the Department for review and approval, to include:

 

A)        Architectural design.

 

B)        Heating and ventilating system.

 

C)        Plumbing specifications.

 

D)        Electrical specifications.

 

E)        Specifications for materials.

 

F)         Equipment.

 

G)        Furnishings.

 

3)         Documents shall show conformance to applicable local, State, and federal codes and standards and shall include the architect's seal.

 

4)         Plans showing the proposed building location must be submitted to the Illinois Department of Natural Resources, to determine compliance with the Regulation of Construction within Flood Plains (17 Ill. Adm. Code 2706) and Construction Activities in Special Flood Hazard Areas (Executive Order 79-4, effective June 1, 1979).

 

b)         All minimum standards for existing facilities (Section 720.50) shall apply in addition to the following minimum standards.

 

1)         Design and Layout of Cell Block.

The cell block shall adjoin the police quarters.

 

2)         Cell, Detention Room, and Cell Block Corridor Walls and Ceilings

 

A)        Either steel, reinforced concrete, reinforced masonry, or security glass is required for walls.

 

i)          Masonry must be at least six inches thick with a ⅜" bar at 16" on center horizontally and ½" bar at 16" on center vertically.

 

ii)         Joints between concrete blocks shall not exceed ⅜ inch.

 

iii)        Security glass must be at least ⁹/₁₆" with 12 gauge hollow metal frames with 1¼" stops.

 

B)        Ceilings shall be constructed of cast in place concrete, pre-cast concrete, or steel.  Bars across the cell ceiling are not permitted.

 

C)        Paint, if used, must be flame retardant and lead-free.

 

3)         Cell and Detention Doors and Fronts

 

A)        Each door shall contain a food pass with a maximum opening of 5" high and 16" wide.  Solid doors shall have a safety glass observation panel.  The door shall be a minimum of 6'8" high and 2'4" wide.

 

B)        Cell fronts shall be steel grille (bars) or security glass.

 

i)          Grille construction shall be no less than ⅞ inch steel bars, round or hexagonal.

 

ii)         The clear opening space between bars shall not exceed 5".

 

iii)        Security glass must be at least ⁹/₁₆" with 12 gauge hollow metal frames with 1¼" stops.

 

C)        Detention room doors shall be 12-gauge hollow metal.  Door frames shall be at least 12-gauge steel. Both shall be detention grade construction.

 

D)        There shall be a manual override or emergency backup for all doors that are electrically operated.

 

4)         Cell or Detention Room Block Entrance Door

 

A)        A grille door or security hollow metal door, equipped with a safety glass observation panel, shall be used.

 

B)        The entrance door shall be a minimum height of 6'8" and a minimum width of 3'.  The area on either side shall be unobstructed.

 

5)         Plumbing

 

A)        Each cell and detention room shall be equipped with a toilet and washbasin, preferably a stainless steel prison-type with bubbler.

 

i)          The toilet shall be seatless (integral seat) and tankless with a  push button flush valve.

 

ii)         The washbasin shall be hot and cold water equipped with push button controls.

 

iii)        The water shutoff valve for each cell or detention room shall be installed outside the cell or detention room.

 

B)        A shower shall be provided in the detention area to permit bathing for those persons who are detained for more than 48 hours.

 

C)        Hot and cold water accessible to detainees shall be thermostatically controlled.

 

6)         Windows

 

A)        Windows in the detainee's living quarters must be security type.

 

B)        Any public view into the cell or detention room area is prohibited.

 

C)        Translucent security glass shall be used.

 

D)        All openable cell block external windows shall be security screened.  Security screens shall consist of 1½" x ¾" 11-gauge steel tubing or channel with a cover plate.

 

E)        Windows that can be opened must also be insect screened.  Wire cloth shall be .028" diameter, 12 mesh stainless steel wire, 1200# lineal inch tensile strength.

 

F)         Windows are not required when artificial illumination, cooling, and ventilation (air conditioning) is adequate.

 

7)         Cell and Cell Block Floors

 

A)        Floors must be concrete or precast concrete and may have non-skid material.

 

B)        Floor shall be pitched one to two inches above corridor floor for drainage purposes.

 

8)         Cell Block Corridors.

Cell Block corridors shall be no less than four feet wide.

 

9)         Floor Drains

 

A)        Floor drains shall be located in cell block corridor floors or the plumbing chase.  One drain shall be provided for every three cells.

 

B)        Drain covers must be securely anchored.

 

C)        Floor flushing drains shall be provided in cells to be used for offenders under the influence of alcohol.

 

10)         Heating, Cooling and Ventilation

 

A)        Heating equipment shall be located outside the cells or detention rooms.

 

B)        Radiators, if used, shall be adequately shielded to prevent accidental injury.

 

C)        Thermostats shall be located outside cells or detention rooms.

 

D)        The ventilation system shall be capable of moving a sufficient volume of air to each cell or detention room to remove foul air and odors.

 

i)          Circulation shall be at least 15 cubic feet of outside or recirculated filtered air per minute per occupant.

 

ii)         Mechanical ventilation may provide for recirculation of outside air except where prohibited by local or State codes.  The outside air requirements may be reduced to a minimum of 33 percent of the specified ventilated air quantity, if adequate temperature control is provided in addition to filtering equipment so that the maximum concentration of particles entering the space is reduced to acceptable limits in accordance with subsection (b)(10)(f) of this Section.  In no case should the outdoor air quantity be less than five cubic feet per minute per person.

 

E)        Air duct openings to cells and detention rooms shall be security screened and secured with tamper proof screws or welded to the floor or wall.

 

F)         Heating and ventilation systems shall comply with the American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE) Standard 62-1989, Ventilation for Acceptable Indoor Air Quality.

 

11)       Lighting

 

A)        Prison-type security light fixtures shall be provided in cells or detention rooms that provide at least 20 footcandles illumination at 30" above the finished floor.

 

B)        Illumination level must be of sufficient intensity to clearly light cells or detention rooms for visual supervision from the cell door at all times.

 

C)        Lights must be switch controlled from outside the cells or detention rooms.

 

D)        Security fixtures shall be used in corridors and vestibules.

 

12)         Cell or Detention Room Bunks

Bunks shall be of metal or concrete construction securely anchored to walls or floor or otherwise integrally constructed.

 

13)         Monitoring System

 

A)        An audio or audio-visual monitoring system shall be installed in the cell or detention room area.

 

B)        Cells and detention rooms shall be equipped with at least an auditory monitoring system to allow the jailer to check activities and to provide a means for a confined person to advise the jailer of emergency situations.

 

14)         Emergency Exits

 

A)        There shall be at least one direct emergency exit from a cell block in addition to the cellblock entrance door, where the detention area totals 1200 square feet or more, or where the corridor has a dead end exceeding 50 feet.

 

B)        Every emergency exit shall be clearly marked in accordance with local and State codes.

 

15)         Visiting Area

Semi-private compartments or a visiting room shall be provided to allow detainees to communicate with authorized visitors.

 

16)         Emergency Power Source

 

A)        An emergency electrical power source must be available in the event of a power failure.

 

B)        The emergency power source must be of sufficient capacity to operate electrical locking devices and other electrical equipment and to provide minimum lighting within the jail and its perimeter.

 

(Source:  Amended at 22 Ill. Reg. 19227, effective November 1, 1998)