TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2504
DISCIPLINE AND GRIEVANCES
SECTION 2504.12 DEFINITIONS
Section 2504.12 Definitions
"Chief
Administrative Officer" means the highest ranking official of a youth
center.
"Department"
means the Department of Juvenile Justice.
"Director"
means the Director of the Department of Juvenile Justice.
"Youth"
means a person committed to the Department or to the custody of the Department.
 | TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2504
DISCIPLINE AND GRIEVANCES
SECTION 2504.15 RESPONSIBILITIES
Section 2504.15
Responsibilities
a) Unless otherwise specified, the Director or Chief
Administrative Officer may delegate responsibilities stated in this Subpart to
another person or persons or designate another person or persons to perform the
duties specified.
b) No other individual may routinely perform duties whenever a
Section in this Subpart specifically states the Director or Chief
Administrative Officer shall personally perform the duties. However, the
Director or Chief Administrative Officer may designate another person or persons
to perform the duties during periods of his or her temporary absence or in an
emergency.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2504
DISCIPLINE AND GRIEVANCES
SECTION 2504.20 OFFENSES AND MAXIMUM PENALTIES
Section 2504.20 Offenses and
Maximum Penalties
Disciplinary offenses are
defined in Appendix A. Maximum penalties for conduct that constitutes a
disciplinary offense are set forth in Table A.
a) No youth shall be found guilty of any violation of these rules
without a hearing before the Adjustment Committee or Program Unit. If a youth is
transferred from one facility to another while pending a hearing, the
individual shall be provided with an opportunity to present a defense at any subsequent
disciplinary hearing held at the receiving facility that is comparable to that
which would have been afforded, in accordance with this Subpart, at the sending
facility.
b) In determining the appropriate sanctions, the Adjustment
Committee or Program Unit, the Chief Administrative Officer, and the Director
may consider, among other matters, mitigating or aggravating factors such as:
1) The youth's mental state at the time of committing the
offense;
2) The extent and degree of participation in the commission of
the offense;
3) The amount or nature of stolen property, contraband, or
injury; and
4) The youth's prior disciplinary record.
c) Corporal punishment, disciplinary restrictions on diet,
medical or sanitary facilities, clothing, bedding, mail, or access to legal
materials and reductions in the frequency of use of toilets, washbowls, and
showers shall be prohibited.
d) Disciplinary restrictions on visitation, work, education, or
program assignments and use of the library shall be related as closely as
practicable to the abuse of such privileges. This subsection shall not apply
to confinement or isolation of youth for purposes of institutional control.
e) Youth are presumed to be responsible for any contraband or
other property prohibited by this Part that is located on their person, within
their cell or within areas of their housing, work, educational, or vocational
assignment that are under their control. Areas under a youth's control
include, but are not limited to, the door track, window ledge, ventilation
unit, plumbing, and the youth's desk, cabinet, shelving, storage area, bed, and
bedding materials in his or her housing assignment; and desk, cubicle, work
station, and locker in his or her work, educational, or vocational assignment.
If the youth produces evidence that convinces the Adjustment Committee or
Program Unit that he or she did not commit the offense, the youth shall be
found not guilty.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2504
DISCIPLINE AND GRIEVANCES
SECTION 2504.30 PREPARATION OF DISCIPLINARY REPORTS
Section 2504.30 Preparation
of Disciplinary Reports
a) Every employee has the duty to observe the conduct of youth.
b) If an employee observes a youth committing an
offense, discovers evidence of its commission, or receives information from a
reliable witness of such conduct, the employee shall promptly prepare a
disciplinary report provided the conduct is such that it may result in
disciplinary action that suspends privileges, involves the imposition of
disciplinary confinement, delays referral to the Prisoner Review Board, or
causes a change in work, education, or other program assignments of more than 7
days duration. When the rule infraction is minor, every effort should be made
to take corrective action that is adapted to individual circumstances,
administered immediately and consistently, and is understood by the youth
through appropriate counseling efforts.
c) The disciplinary report must be fully completed. The
reporting employee shall provide the following information to the extent known
or available.
1) The name and register number of the youth.
2) The place, time, and date of the offense.
3) The offense that the youth is alleged to have committed.
4) A written statement of the conduct observed.
5) The names of youth, employees, and visitors who were
witnesses. The identity of witnesses may be withheld for reasons of security
provided a statement to that effect and the information the confidential source
provided are included on the disciplinary report to the extent the information
can be included without jeopardizing security.
6) The signature of the reporting employee and the date and time
the report is completed.
d) If a youth is suspected of committing a disciplinary offense,
an investigative disciplinary report, hereinafter referred to as an
investigative report, may be issued that reasonably informs the youth of the
subject of the investigation to the extent that safety and security allow.
f) Service of a disciplinary report upon the youth shall commence
the disciplinary proceeding. In no event shall a disciplinary report or
investigative report be served upon youth more than 6 days, after the
commission of an offense or the discovery thereof unless the youth is
unavailable or unable to participate in the proceeding.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2504
DISCIPLINE AND GRIEVANCES
SECTION 2504.40 TEMPORARY CONFINEMENT
Section 2504.40 Temporary
Confinement
a) The shift supervisor shall determine whether or not it is
necessary to place the youth in investigative status or in temporary
confinement status pending a disciplinary hearing or a determination whether or
not to issue a disciplinary or investigative report in accordance with Section 2504.30.
The Chief Administrative Officer shall also have the authority to release the youth
from temporary confinement. The decision to place a youth in temporary
confinement may be based, among other matters, on:
1) The aggressiveness of the youth;
2) The threat posed to the safety and security of the facility or
any person;
3) The need to restrict the youth's access to general population
to protect the individual from injury or to conduct the investigation; or
4) The seriousness of the offense.
b) A youth shall not be placed in temporary confinement status
pending a disciplinary hearing for more than 4 days unless the individual is in
investigative status.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2504
DISCIPLINE AND GRIEVANCES
SECTION 2504.50 REVIEW OF DISCIPLINARY REPORTS
Section 2504.50 Review of
Disciplinary Reports
a) The Chief Administrative Officer of each facility shall
designate one or more Reviewing Officers.
b) The Reviewing Officer shall review the decision to place a youth
in temporary confinement within 3 days after such placement, whenever possible,
and may order release from or placement in temporary confinement. Among other
matters, the factors listed in Section 2504.40(a) may be considered. If a
disciplinary or investigative report has not been written within 3 days after
placement in temporary confinement, the Reviewing Officer shall inform the
Chief Administrative Officer.
c) A youth who receives an investigative report shall be
interviewed by the Reviewing Officer in order to permit the youth an
opportunity to present his or her views regarding placement in investigative
status. The interview shall be conducted within 3 days after initial placement
of a youth in investigative status, whenever possible.
1) The Reviewing Officer shall recommend whether to continue
placement of the youth in investigative status. Among other matters, factors
listed in Section 2504.40(a) may be considered. The Chief Administrative
Officer shall make the final determination.
2) The youth shall be informed of the decision and the decision
shall be documented in writing.
3) The youth may be detained in investigative status for up to 5
days.
4) If the investigation does not indicate that the youth may be
guilty of any disciplinary offense, placement in investigative status shall be
terminated and the report shall be expunged from the youth's records. A copy
shall be maintained in an expungement file. This decision shall be made by the
Chief Administrative Officer and shall be documented in writing.
5) If, as a result of the investigation, it is necessary to amend
or modify the original charges, the youth shall be issued a revised
disciplinary report.
6) Upon completion of the investigation, the youth shall appear
before the Adjustment Committee for a hearing on the disciplinary report unless
the report has been expunged.
7) In the event that an investigation cannot be completed within 5
days due to an institutional emergency, the Chief Administrative Officer may
personally authorize, in writing, an extension of up to 5 days placement in
confinement for juveniles pending investigation. As used in this Section, an
institutional emergency includes riots, strikes, lockdowns, and natural
disasters.
d) The
Reviewing Officer shall review each disciplinary report and determine whether:
1) The reported facts justify a disciplinary hearing. If not,
the report shall be expunged from the youth's records. A copy shall be
maintained in an expungement file.
2) The disciplinary report has been completed properly. If not,
the Reviewing Officer shall make the necessary corrections or direct the
reporting employee to make the corrections. The youth shall be provided with a
copy of the corrected report. In the event the corrected report contains new
charges, the youth shall be provided a copy of the corrected report at least 24
hours prior to the hearing, unless the youth waives this notice in writing.
3) The offense is major or minor in nature. Major offenses shall
be assigned to the Adjustment Committee for a hearing and minor offenses shall
be assigned to the Program Unit for a hearing.
A) Aiding and abetting, soliciting, attempting to commit,
conspiring to commit, or committing any offense listed in the 100, 200, or 500
series of Table A shall be considered a major offense.
B) Those offenses listed in the 300 or 400 series or the aiding
and abetting, soliciting, attempting to commit, or conspiring to commit any of
these offenses shall be designated as major or minor based on the seriousness
of the offense and factors enumerated in Section 2504.20(b).
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2504
DISCIPLINE AND GRIEVANCES
SECTION 2504.60 ADJUSTMENT COMMITTEE AND PROGRAM UNIT COMPOSITION
Section 2504.60 Adjustment
Committee and Program Unit Composition
a) The Chief Administrative Officer shall appoint the Adjustment
Committee, which shall be composed of at least 2 members.
The Chief Administrative Officer shall designate a chairperson.
b) The Program Unit shall be composed of a group of employees appointed
by the Chief Administrative Officer who shall serve as Hearing Officers.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2504
DISCIPLINE AND GRIEVANCES
SECTION 2504.70 ADJUSTMENT COMMITTEE HEARING PROCEDURES
Section 2504.70 Adjustment
Committee Hearing Procedures
a) The Adjustment Committee hearing shall be convened but need
not be concluded within 7 days after the commission of the offense or its
discovery, whenever possible, unless the youth has received a continuance or is
unable or unavailable for any reason to participate in the hearing. For
purposes of this Section, when an investigation has taken place, an offense is
considered to be discovered upon the conclusion of the investigation.
Inability to participate includes the absence of the youth from the facility
for any reason or certification by health care staff that the youth is unable
to appear.
b) The youth shall receive written notice of the facts and
charges being presented against him or her no less than 24 hours prior to the
Adjustment Committee hearing. The youth may waive the 24-hour advance notice.
The waiver shall be in writing.
c) The youth shall be informed before or at the hearing of
information that would tend to show that the youth was not guilty. If
information is provided to him or her at the hearing, the youth shall, upon
request, be given a continuance.
d) Any person who initiated the allegations that serve as the
basis for the disciplinary report, or who conducted an investigation into those
allegations, or who witnessed the incident, or who is otherwise not impartial
shall not serve on the Adjustment Committee hearing that disciplinary report. A
youth who objects to a member of the Committee based on a lack of impartiality
must raise the matter at the beginning of the hearing. The Committee shall
document the basis of the objection and the decision in the Adjustment
Committee summary.
e) A youth may, upon written request and for good cause shown, be
granted additional time to prepare his or her defense. If at the time of the
hearing the Committee determines that the youth was unable to prepare a
defense, because of a language barrier, the Committee shall automatically grant
a request for a continuance for language assistance. The committee shall then
make the necessary arrangements for language assistance. Inability to prepare
a defense due to a language barrier includes, but is not limited to, a request
for witnesses.
f) Any youth charged with a violation of any rules shall have the
right to appear before and address the Committee. Any refusal to appear shall
be documented and provided to the Committee. However, failure to appear before
or address the Committee may be adversely construed against the individual by
the Adjustment Committee.
1) The youth may make any relevant statement or produce any
relevant documents in his or her defense.
2) Prior to the hearing, the youth may request that witnesses be
interviewed. The request shall be in writing on the space provided in the
disciplinary report and shall include an explanation of what the witnesses
would state. If the youth fails to make the request in a timely manner before
the hearing, the individual may be granted a continuance for good cause shown.
g) The Committee shall consider all material presented that is
relevant to the issue of whether or not the youth committed the offense.
h) The Adjustment Committee shall consider any statements of
witnesses with relevant knowledge of the incident who are reasonably available.
1) The Committee or its Hearing Investigator may interview
witnesses and prepare or review summaries of their testimony prior to or at or
subsequent to the hearing.
2) The offender does not have the right to confront or
cross-examine any witnesses but may submit questions for witnesses to the
Committee prior to the hearing. These questions shall be asked by the
Committee or its Hearing Investigator unless found to be cumulative, irrelevant,
or a threat to the safety of individuals or the security of the facility.
3) A means shall be provided in each living unit for youth to submit
witness request slips. The Committee may disapprove witness requests that are
not received prior to the hearing.
4) Requests by youth for witnesses may be denied if their
testimony would be, among other matters, irrelevant or cumulative or would
jeopardize the safety or disrupt the security of the facility. If any witness
request is denied, a written reason shall be provided.
5) At least one person who serves as an Adjustment Committee
member shall hear the in-person testimony of the youth's witnesses where the youth
makes a timely request for the witnesses or is granted a continuance to request
witness testimony. In-person testimony of the youth's witnesses shall be
defined as face-to-face contact or telephonic contact by the Adjustment
Committee.
6) If the Adjustment Committee makes a written determination that
the in-person testimony by the witness requested by the youth would undermine
authority or would present potential disruption of the operations of the
facility or a threat to the safety of any person or institutional safety or
correctional goals, the Adjustment Committee may elect to accept the testimony
through other legally permissible means, including, but not limited to, a sworn
written summary of an interview of the witness or a sworn statement.
7) A sworn written statement or sworn written summary of a
witness' testimony is a reasonable alternative to in-person testimony if the
witness' testimony will be accepted as credible and it involves verification of
alleged facts, including but not limited to a witness who will testify to the
authenticity of contents of a record or document, cell location, work
assignment, writ status, staff work schedule, or identification.
8) When testimony is presented to the Adjustment Committee in the
form of a written summary or statement, a copy of the written summary or
statement shall be given to the accused youth unless the Adjustment Committee
finds that disclosure presents a threat to the safety of any person.
i) The youth shall not have the right to either retained or
appointed counsel. The youth may request the assistance of a staff member in
the preparation and presentation of his or her defense if he or she is
illiterate or does not speak English or when other circumstances exist that preclude
the individual from adequately preparing his or her defense.
j) The Adjustment Committee shall decide whether or not the youth
committed the offense based upon all relevant information and evidence.
1) The Committee must be reasonably satisfied there is some
evidence that the youth committed the offense for the individual to be found
guilty.
2) Polygraph results may be considered but may not be the sole
basis for finding the youth guilty of the offense.
k) The Adjustment Committee shall take one of the following
actions, based upon the evidence admitted:
1) Find that the youth did not commit the offense. In that case,
the Committee shall order that the disciplinary report be dismissed and
expunged from the youth's record. A copy shall be maintained in an expungement
file.
2) Find that further investigation is necessary to determine if
the youth did or did not commit the offense and place the youth in
investigative status.
3) Find that additional time is needed to obtain information
relative to the charge. The hearing may be continued for a reasonable time.
However, unless the youth is placed in investigative status, the individual may
not be confined for more than 7 days from the date of placement in temporary
confinement.
4) Find that the youth did commit the offense or a lesser offense
for which the elements were included in the original charge. The Committee may
recommend one or more of the following disciplinary actions:
A) Reprimand the youth.
B) Suspend or restrict one or more privileges of the youth for a
specific period of time.
C) Reduce the youth's grade or level.
D) Change the youth's program.
E) Change the youth's housing assignment or transfer the individual
to another youth center.
F) Increase the youth's security classification.
G) Place the youth in confinement. A youth may not be confined
for more than 7 consecutive days nor more than 15 days within a 30 day period
except in cases of violence or attempted violence in accordance with Section 2504.230.
Credit shall be given for any period of pre-hearing and investigative status
confinement.
H) Require the youth to make restitution.
I) Require forfeiture of items of contraband used in the offense
or possessed in violation of this Part.
J) Delay referral of a youth to the Prisoner Review Board for
recommended parole or aftercare.
5) This Part shall in no way be construed to restrict or limit
the Department's ability to administratively change a youth's job, educational,
program, or housing assignment, to restrict privileges, or to transfer the youth
to another facility.
l) A written record shall be prepared and signed by all members
of the Committee that contains:
1) A summary of oral and written statements and other evidence
presented.
A) The Committee may consider information from confidential
sources if:
i) It finds that his or her identity must be withheld for
reasons of security; and
ii) The information is reliable.
B) Reliability may be established by one of the following:
i) The investigating officer has indicated, in writing and by
his or her appearance before the Adjustment Committee, the truth of his or her
report containing confidential information;
ii) Corroborating testimony such as statements from other sources
or polygraph results; or
iii) A statement by a member of the Adjustment Committee or an
oral or written statement to the Adjustment Committee by supervisory or
administrative staff that the individual has firsthand knowledge of the sources
of information and considers them reliable on the basis of their past record of
reliability.
C) If the identity of a source is being withheld for reasons of
security, a statement to that effect and a statement that the Committee finds
the information reliable must be included. A summary of the information
provided and the basis for the finding of reliability shall be documented, but
need not be included in the summary based on safety and security concerns.
2) If the Committee members find that the youth committed the
offense, a statement as to their reasons for the finding. If exonerating
evidence is presented and disregarded, the Committee must state the basis for
disregarding the evidence.
3) The disposition of the charges, the disciplinary action
recommended, and the reasons for recommending the disciplinary action.
m) If the safety or security of the youth center or any person is
jeopardized by certain references in the written record, they may be deleted
but the fact that omissions have been made shall be noted on the summary, along
with a finding that material is being deleted based on safety or security
concerns.
n) If the youth is found guilty, the individual shall be informed
of the opportunity to appeal through the grievance procedures in 20 Ill. Adm.
Code 2504.Subpart C.
o) A copy of the disciplinary report and Adjustment Committee
summary shall be forwarded to the Chief Administrative Officer for review and
approval and a copy shall be filed in the youth's record. The youth shall be
given a copy of the Adjustment Committee summary.
p) The Chief Administrative Officer shall review all Adjustment
Committee dispositions. The Deputy Director of the Juvenile Division shall
review any Adjustment Committee disposition of a youth when the Committee has
recommended a delay in referral of the youth to the Prisoner Review Board for
more than 30 days.
1) The Director, Deputy Director, or Chief Administrative Officer
may take the following actions:
A) Confirm the recommendation in whole or in part.
B) Order additional or new proceedings.
C) Suspend or overturn the recommendation.
D) Offer the youth a work assignment which, if accepted and
satisfactorily completed, will result in reduction of original disciplinary
sanctions.
2) The Director, Deputy Director, or Chief Administrative Officer
shall not increase the sanctions recommended by the Adjustment Committee, but
he or she may reduce them. The youth shall be sent a copy of any modification
to the Adjustment Committee recommendations.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2504
DISCIPLINE AND GRIEVANCES
SECTION 2504.80 NEW OR ADDITIONAL PROCEEDINGS
Section 2504.80 New or
Additional Proceedings
a) The Director, Deputy Director, or Chief Administrative Officer
shall remand the decision to the Adjustment Committee for new proceedings if
the proceedings are found to be defective due to:
1) Inadequate notice, including failure to state the correct date
of the offense on the disciplinary report or failure to provide the youth with
24-hour notice of the hearing and such notice was not waived.
2) Lack of impartiality of the Adjustment Committee.
3) Improper exclusion of witnesses.
4) Failure to provide exonerating information to the youth prior
to the hearing.
b) New or additional proceedings may be ordered in other
circumstances, as determined by the Director, Deputy Director, or Chief
Administrative Officer.
1) The youth shall be provided with notice of the rehearing
within a reasonable time after the Chief Administrative Officer's decision or
the youth center's receipt of the decision.
2) The rehearing shall commence within 7 days after the Chief
Administrative Officer's decision or the youth center's receipt of the decision,
whenever possible.
3) The procedures on remand shall be conducted in accordance with
the procedures governing the hearing on the original charge.
c) The Director, Deputy Director, or Chief Administrative Officer
may remand the decision to the Adjustment Committee for additional
documentation, correction, or clarification of the Adjustment Committee
summary, including the statement of reasons for excluding witnesses, the basis
for the finding of guilt and imposition of sanctions, statement of reasons for
deeming sources to be confidential, or the failure to specify reasons for
finding a confidential source to be reliable.
1) The youth shall not have the right to a new hearing, but shall
be notified of the decision.
2) After the Adjustment Committee has amended its summary, it
shall be forwarded to the Chief Administrative Officer and then to the Director
in accordance with the procedures applicable to review of the original
disposition.
d) Upon remand, sanctions greater than those imposed at the
original hearing shall not be permitted unless the youth is charged with a
different offense that provides for a greater penalty than provided for under
the original charge or new evidence is produced which was not available at the
original hearing which justifies the imposition of greater punishment.
However, this does not prohibit the youth from being found guilty and
disciplined on remand when the Adjustment Committee had erroneously dismissed
the disciplinary report on procedural grounds.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2504
DISCIPLINE AND GRIEVANCES
SECTION 2504.90 PROGRAM UNIT HEARING PROCEDURES
Section 2504.90 Program Unit
Hearing Procedures
a) The Program Unit hearing shall be convened, but need not be
concluded, within 7 days after the commission of the offense or its discovery,
whenever possible, unless the youth is unable to participate in the hearing.
b) The youth shall receive written notice of the facts and
charges being presented against him or her prior to the hearing.
c) Any person who initiated the allegations that serve as the
basis for the disciplinary report, or who conducted a formal investigation into
those allegations, or who witnessed the incident, or who is otherwise not
impartial shall not conduct a hearing on that report.
d) The hearing may be continued to obtain additional information
or upon the youth's written request and for good cause shown.
e) The youth shall have the right to appear before and address
the Program Unit Hearing Officer.
f) The Program Unit Hearing Officer may call witnesses and review
any information relevant to the charge.
g) The youth shall not have the right to retained or appointed
counsel. The youth may request the assistance of a staff member in the
preparation of his or her defense if the individual is illiterate or does not
speak English or when other circumstances exist that preclude the individual
from adequately preparing his or her defense.
h) The Program Unit Hearing Officer may return a disciplinary
report to the Chief Administrative Officer with a recommendation for a hearing
before the Adjustment Committee. The factors listed in Section 2504.20(b)
shall be considered when making this determination.
1) If approved by the Chief Administrative Officer, a hearing
before the Adjustment Committee shall commence within 7 days after the
approval, whenever possible.
2) If not approved, the disciplinary report shall be referred
back for a hearing before the Program Unit which shall commence within 7 days after
the decision not to approve the recommendation, whenever possible.
i) The Program Unit Hearing Officer may recommend any of the
actions authorized in Section 2504.70(k) of this Part except that the Officer
may not recommend placement in segregation or confinement, delay in referral of
a youth to the Prisoner Review Board for recommended parole or aftercare, an
increase in the youth's security classification, or transfer to another youth
center.
j) A record shall be signed by the Hearing Officer that contains
a summary of oral and written statements and other evidence presented, the
decision, and the disciplinary action recommended.
k) The summary shall be processed in accordance with Sections 2504.70(o)
and (p) and 2504.80 of this Part.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2504
DISCIPLINE AND GRIEVANCES
SECTION 2504.100 COMPUTATION OF DISCIPLINE FOR MULTIPLE OFFENSES
Section 2504.100 Computation
of Discipline for Multiple Offenses
a) When a youth has been found in violation of more than one
offense arising from a single incident, the maximum penalty shall not exceed
the maximum penalty for the most serious offense the individual is found to
have committed.
b) When a youth has been found in violation of more than one
offense arising from separate incidents, the maximum penalty for each offense
may be imposed, and such penalties shall run consecutively. For example, a
youth who is found guilty of assaulting several persons within a short period
of time has committed multiple offenses that would be punishable consecutively.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2504
DISCIPLINE AND GRIEVANCES
SECTION 2504.110 RESTITUTION PROCEDURES
Section 2504.110 Restitution
Procedures
a) The Adjustment Committee or Program Unit may recommend that
the youth make restitution in any amount not to exceed costs incurred or
damages sustained by any person, entity, or state as a result of the
disciplinary offense, including expenses for investigating the matter and
processing the disciplinary report. The Adjustment Committee or Program Unit
shall document the amount and the conditions of payment.
b) If the Adjustment Committee or Program Unit determines that
restitution is appropriate, it shall ask the youth to authorize disbursement
from his or her trust fund or from any other account.
1) If the youth agrees to make restitution the individual shall
sign an authorization for disbursement of funds either to the State or to the
appropriate individual.
2) If the youth refuses to authorize disbursement of his or her
current funds or future earnings in accordance with the Adjustment Committee's
or Program Unit's recommendation, the Adjustment Committee or Program Unit may
recommend that a hold be placed on the individual's account for such amount,
and may further recommend that the individual's commissary privileges or other
expenditures, be suspended in whole or in part for a definite period of time.
However, the youth shall be permitted to retain a sufficient amount of funds to
purchase basic personal hygiene items if such items are not provided by the
youth center.
c) The Adjustment Committee or Program Unit may consider the
youth's willingness to make restitution in imposing any other disciplinary
sanctions.
d) A youth shall not be subjected to greater punishment because
he or she is without funds and therefore unable to make restitution.
e) In the event a youth is released prior to full payment of
restitution, arrangements shall be made for payment of the balance of the
authorized restitution. If the youth did not authorized restitution, all or a
portion of the grant money provided for in 20 Ill. Adm. Code 2502.320 may be
suspended.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2504
DISCIPLINE AND GRIEVANCES
SECTION 2504.150 RESTORATION OF GOOD TIME
Section 2504.150 Restoration
of Good Time
Good time which has been revoked
may be restored in accordance with 20 Ill. Adm. Code 107.160.
SUBPART B: CONFINEMENT PROCEDURES
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2504
DISCIPLINE AND GRIEVANCES
SECTION 2504.210 DEFINITIONS
Section 2504.210 Definitions
"Chief
Administrative Officer" means the highest ranking official of a youth
center.
"Confinement"
means an extended period of restriction in a room, isolated from other youth.
"Department"
means the Department of Juvenile Justice.
"Director"
means the Director of the Department of Juvenile Justice.
"Youth"
means a person committed to the Department or to the custody of the Department.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2504
DISCIPLINE AND GRIEVANCES
SECTION 2504.215 RESPONSIBILITIES
Section 2504.215
Responsibilities
a) Unless otherwise specified, the Director or Chief
Administrative Officer may delegate responsibilities stated in this Subpart to
another person or persons or designate another person or persons to perform the
duties specified.
b) No other individual may routinely perform duties whenever a
Section in this Subpart specifically states the Director or Chief
Administrative Officer shall personally perform the duties. However, the
Director or Chief Administrative Officer may designate another person or persons
to perform the duties during periods of his or her temporary absence or in an
emergency.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2504
DISCIPLINE AND GRIEVANCES
SECTION 2504.220 PLACEMENT IN CONFINEMENT
Section 2504.220 Placement
in Confinement
a) Confinement may be imposed only under the following
conditions:
1) When an youth has committed or is under investigation for
commission of a rule violation;
2) When the behavior of the youth poses a serious threat to his
or her own safety, the safety of others, or the security of the facility; or
3) When a youth is awaiting transfer to a more secure setting.
b) Youth may be confined in their rooms or living areas or in any
other area designated by the Chief Administrative Officer.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2504
DISCIPLINE AND GRIEVANCES
SECTION 2504.230 CONFINEMENT PROCEDURES
Section 2504.230 Confinement
Procedures
a) A youth confined to his or her room for 24 hours or more shall
be interviewed daily by his or her counselor or any other staff member approved
by the Chief Administrative Officer.
b) Confinement may not exceed 7 consecutive days or 15 days in
any 30 day period except in cases of violence or attempted violence against
another person, assault or attempted assault of a person, or damage or
attempted damage of property. Under such circumstances, an additional period
of confinement may be ordered by the Chief Administrative Officer.
c) Medical staff and the shift supervisor shall be notified of
all confinement placements. Any medical complaint registered by the youth while
in confinement shall be reported immediately to the medical staff, if on duty,
or to the shift supervisor who shall contact a member of the medical staff
immediately.
d) Visual checks shall be made of all youth in confinement no
less than every 15 minutes and shall be documented.
e) Use of physical restraints on youth in confinement must comply
with 20 Ill. Adm. Code 2501.Subpart B.
f) Youth in confinement shall be provided time outside the room
for daily showers, personal grooming, and recreation.
1) Youth confined for more than 24 hours shall be provided a
minimum of 2 hours outside the room for every 24-hour period, whenever
possible.
2) Time outside a confinement room may be restricted on orders of
the Chief Administrative Officer when release of the youth poses a threat to
the safety of the individual or others or to the security of the facility.
g) Youth in confinement shall be permitted to have family,
attorney, and clergy visits. Family and clergy visits may be restricted by
order of the Chief Administrative Officer when the youth poses a threat to the
physical safety of the individual or others or to the security of the youth
center.
h) Reading materials shall be provided to the youth for use in
the room provided the materials are not abused. Youth shall be provided access
to writing materials daily, outside the room. Any abuse of reading or writing
materials must be documented on a disciplinary report and may result in
temporary restriction except for communication to counsel or the court.
SUBPART C: GRIEVANCE PROCEDURES FOR YOUTH
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2504
DISCIPLINE AND GRIEVANCES
SECTION 2504.302 DEFINITIONS
Section 2504.302 Definitions
"Chief
Administrative Officer" means the highest ranking official of a youth
center.
"Department"
means the Department of Juvenile Justice.
"Director"
means the Director of the Department of Juvenile Justice.
"Facility
ADA Coordinator" means the person or persons designated by the Chief
Administrative Officer to coordinate efforts of the youth center in carrying
out its responsibilities under Title II of the Americans With Disabilities Act
of 1990 (42 USC 12101 et seq.).
"Youth"
means a person committed to the Department or to the custody of the Department.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2504
DISCIPLINE AND GRIEVANCES
SECTION 2504.305 RESPONSIBILITIES
Section 2504.305
Responsibilities
a) Unless otherwise specified, the Director or Chief
Administrative Officer may delegate responsibilities stated in this Subpart to
another person or persons or designate another person or persons to perform the
duties specified.
b) No other individual may routinely perform duties whenever a
Section in this Subpart specifically states the Director or Chief
Administrative Officer shall personally perform the duties. However, the
Director or Chief Administrative Officer may designate another person or persons
to perform the duties during periods of his or her temporary absence or in an
emergency.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2504
DISCIPLINE AND GRIEVANCES
SECTION 2504.310 FILING OF GRIEVANCES
Section 2504.310 Filing of
Grievances
a) A youth shall first attempt to resolve incidents, problems, or
complaints other than complaints concerning disciplinary proceedings through
his or her counselor. If a youth is unable to resolve the complaint informally
or if the complaint concerns a disciplinary proceeding, the individual may file
a written grievance on a grievance form that shall be made available in all
living units. A grievance shall be filed within 60 days after the discovery of
the incident, occurrence, or problem that gives rise to the grievance.
However, if a youth can demonstrate that a grievance was not timely filed for
good cause, the grievance shall be considered. The grievance procedure shall
not be utilized for complaints regarding decisions that are outside the
authority of the Department, such as parole or aftercare decisions, clemency,
or orders regarding length of sentence or decisions that have been rendered by
the Director.
b) The grievance form shall be addressed to the Grievance Officer
and shall be deposited in the living unit mailbox or other designated
repository. The grievance shall contain factual details regarding each aspect
of the youth's complaint, including what happened, when, where, and the name of
each person who is the subject of or who is otherwise involved in the
complaint. This provision does not preclude a youth from filing a grievance
when the names of individuals are not known, but the youth must include as much
descriptive information about the individual as possible.
c) Staff assistance shall be available as requested by those youth
who cannot prepare their grievances unaided as determined by institutional
staff.
1) All youth shall be entitled to file grievances regardless of
their disciplinary status or classification.
2) Each youth center shall take reasonable steps to ensure that
the grievance procedure is accessible to youth who are impaired, disabled, or
unable to communicate in the English language.
d) Youth shall be informed of the grievance procedure at the
admitting facility and may request further information regarding the procedure
from their counselors.
1) The written procedure shall be available to all youth.
2) A youth unable to speak or read the English language may
request that the procedure be explained in the individual's own language.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2504
DISCIPLINE AND GRIEVANCES
SECTION 2504.320 GRIEVANCE OFFICER
Section 2504.320 Grievance
Officer
a) The Chief Administrative Officer shall appoint 2 or more
employees who may serve as a Grievance Officer to attempt to resolve problems,
complaints, and grievances that youth have been unable to resolve through
routine channels.
b) No person who is directly involved in the subject matter of
the grievance or who was a member of the Adjustment Committee that heard a
disciplinary report concerning the grievance may serve as the Grievance Officer
reviewing that particular case.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2504
DISCIPLINE AND GRIEVANCES
SECTION 2504.330 GRIEVANCE PROCEDURES
Section 2504.330 Grievance
Procedures
a) A Grievance Officer shall review grievances at least weekly,
provided that one or more grievances have been filed. Grievances on issues
that are deemed without merit may be returned as denied to the sender without
further investigation. No merit grievances include grievances that:
1) Have previously been addressed for which there is no
additional information; or
2) Are on issues that do not involve or affect the youth.
b) The Grievance Officer shall promptly submit a copy of any
grievance alleging discrimination based on disability or a request for an
accommodation based upon disability to the facility ADA Coordinator. The
facility ADA Coordinator shall conduct such investigation as deemed appropriate
and make written recommendations to the Chief Administrative Officer for
resolution of the grievance.
c) A youth may be afforded an opportunity to appear before the
Grievance Officer unless the grievance is deemed without merit. The Officer
may call witnesses as deemed appropriate.
d) The Grievance Officer shall consider the grievance and report
his or her findings and recommendations in writing to the Chief Administrative
Officer. The Chief Administrative Officer shall advise the youth of the
decision in writing within 2 months after receipt of the written grievance,
where reasonably feasible under the circumstances. Responses to duplicate
grievances on issues that are currently being grieved may be combined in one
response.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2504
DISCIPLINE AND GRIEVANCES
SECTION 2504.340 EMERGENCY PROCEDURES
Section 2504.340 Emergency
Procedures
A youth may request a grievance
be handled on an emergency basis by forwarding the grievance directly to the
Chief Administrative Officer.
a) If the Chief Administrative Officer determines that there is a
substantial risk of imminent personal injury or other serious or irreparable
harm to the youth, the grievance shall be handled on an emergency basis.
b) The Chief Administrative Officer shall expedite processing of
the grievance and respond to the youth, indicating what action shall be or has
been taken.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2504
DISCIPLINE AND GRIEVANCES
SECTION 2504.350 APPEALS
Section 2504.350 Appeals
a) If, after receiving the response of the Chief Administrative
Officer, the youth still feels that the problem, complaint or grievance has not
been resolved to his or her satisfaction, he or she may appeal in writing to
the Director within 30 days after the date of the decision. Copies of the
Grievance Officer's report and the Chief Administrative Officer's decision
should be attached.
b) The Director shall review the grievance and the responses of
the Grievance Officer and Chief Administrative Officer and shall determine
whether the grievance requires a hearing before the Administrative Review
Board. If it is determined that the grievance is without merit or can be
resolved without a hearing, the youth shall be advised of this disposition, in
writing.
c) An Administrative Review Board shall be appointed by the
Director. One member of the Board may be a citizen from the community. A
Department member shall be designated as chairperson.
d) The Administrative Review Board shall meet as frequently as
necessary and may schedule hearings on grievances. Hearings may be conducted
in person or via video or telephonic conference. The Board may call witnesses
or examine records at its discretion.
e) The Administrative Review Board shall submit to the Director a
written report of its findings and recommendations.
f) The Director shall review the findings and recommendations of
the Board and make a final determination of the grievance within 6 months after
receipt of the appealed grievance, where reasonably feasible under the
circumstances. The youth shall be sent a copy of the Director's decision.
g) In those instances where a youth is appealing a grievance
determined by the Chief Administrative Officer to be of an emergency nature,
the Administrative Review Board shall expedite processing of the grievance.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2504
DISCIPLINE AND GRIEVANCES
SECTION 2504.360 RECORDS
Section 2504.360 Records
Records regarding the filing and
disposition of grievances shall be maintained in the youth's master file.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2504
DISCIPLINE AND GRIEVANCES
SECTION 2504.370 DIRECT REVIEW BY ADMINISTRATIVE REVIEW BOARD
Section 2504.370 Direct
Review by Administrative Review Board
a) Youth
shall submit grievances directly to the Administrative Review Board when
grieving:
1) Decisions
regarding the involuntary administration of psychotropic medication.
2) Decisions
regarding disciplinary proceedings that were made at a youth center other than
the youth center where the youth is currently assigned.
3) Other
issues except personal property issues that pertain to a youth center other
than the youth center where the youth is currently assigned.
b) The
Administrative Review Board shall review and process the grievance in
accordance with Section 2504.350.
SUBPART D: GRIEVANCE PROCEDURES FOR RELEASEES
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2504
DISCIPLINE AND GRIEVANCES
SECTION 2504.400 APPLICABILITY
Section 2504.400
Applicability
This Subpart applies to persons committed
to the Department of Juvenile Justice who have been released from youth centers
and are under the supervision of the Department.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2504
DISCIPLINE AND GRIEVANCES
SECTION 2504.405 DEFINITIONS
Section 2504.405 Definitions
"Department"
means the Department of Juvenile Justice.
"Director"
means the Director of the Department of Juvenile Justice.
"Facility
ADA Coordinator" means the person or persons designated by the Director to
coordinate efforts of the facility in carrying out its responsibilities under
Title II of the Americans With Disabilities Act (42 USC 12101 et seq.).
"Aftercare
Supervisor" means the supervisor of an Aftercare Specialist or a
geographic area within the Department.
"Releasee"
means any person committed to the Department who has been released under
conditional supervision in Illinois due to parole, aftercare or mandatory supervised
release, but who has not yet been discharged from a correctional facility.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2504
DISCIPLINE AND GRIEVANCES
SECTION 2504.410 RESPONSIBILITIES
Section 2504.410
Responsibilities
a) Unless otherwise specified, the Director or Aftercare
Supervisor may delegate responsibilities stated in this Subpart to another
person or persons or designate another person or persons to perform the duties
specified.
b) No other individual may routinely perform duties whenever a
Section in this Subpart specifically states the Director or Aftercare
Supervisor shall personally perform the duties. However, the Director or Aftercare
Supervisor may designate another person or persons to perform the duties during
periods of his or her temporary absence or in an emergency.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2504
DISCIPLINE AND GRIEVANCES
SECTION 2504.420 FILING OF GRIEVANCES
Section 2504.420 Filing of
Grievances
a) Releasees who have been unable to resolve complaints or
problems through aftercare staff may file a written grievance with the Aftercare
Supervisor. A grievance shall be filed within 60 days after the discovery of
the incident, occurrence, or problem which gives rise to the grievance.
However, if a releasee can demonstrate that a grievance was not timely filed
for good cause, the grievance shall be considered. Complaints or problems
regarding the revocation of release status, clemency, or orders regarding the
length of sentence or decisions that have been rendered by the Director are not
reviewable under this procedure.
b) The grievance shall contain factual details regarding each
aspect of the releasee's complaint, including what happened, when, where, and
the name of each person who is the subject of or who is otherwise involved in
the complaint. This provision does not preclude a releasee from filing a
grievance when the names of individuals are not known, but the releasee must
include as much descriptive information about the individual as possible.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2504
DISCIPLINE AND GRIEVANCES
SECTION 2504.430 REVIEW OF GRIEVANCES
Section 2504.430 Review of
Grievances
a) The Aftercare Supervisor shall promptly submit a copy of any
grievance alleging discrimination or a request for an accommodation based on
disability to the facility ADA Coordinator. The facility ADA Coordinator shall
conduct such investigation as deemed appropriate and make written
recommendations to the Aftercare Supervisor for resolution of the grievance.
b) The Aftercare Supervisor shall interview the releasee, unless
the grievance is deemed without merit, and shall evaluate and respond to the
grievance in writing within 2 months, where reasonably feasible under the
circumstances. Grievances on issues that are deemed without merit may be
returned to the sender as denied without further review. No merit grievances
include grievances that have previously been addressed for which there is no
additional information or that are on issues that do not involve or affect the
releasee. Copies of the grievance and response shall be retained in the
releasee's case file.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2504
DISCIPLINE AND GRIEVANCES
SECTION 2504.440 APPEALS
Section 2504.440 Appeals
a) The releasee may, if not satisfied with the results of the
grievance, submit a written appeal within 30 days after the date of the
decision to:
Director
Department of Juvenile
Justice
1301 Concordia
Court, P.O. Box 19277
Springfield,
Illinois 62794-9277
b) The Director shall review the grievance and submit a written
response to the releasee within 6 months after receipt of the appealed
grievance, where reasonably feasible under the circumstances.
Section 2504.APPENDIX A Offense Numbers and Definitions
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2504
DISCIPLINE AND GRIEVANCES
SECTION 2504.APPENDIX A OFFENSE NUMBERS AND DEFINITIONS
100. VIOLENT ASSAULT OF ANY PERSON
Causing a person
or an object to come into contact with another person in a deadly manner or in
a manner that results in or is likely to result in serious bodily injury.
101. ARSON
Setting fire in
any location whether public or private, including, but not limited to, any part
of the facility, its grounds, or State vehicles.
102. ASSAULTING ANY PERSON
Causing a person,
substances, or an object to come into contact with another person in an
offensive, provocative, or injurious manner or fighting with a weapon.
103. BRIBERY & EXTORTION
Demanding or
receiving anything of value in exchange for protection, to avoid bodily injury,
or through duress or pressure. Giving or receiving money or anything of value
to violate State or federal law or to commit any act prohibited under this
Part.
104. DANGEROUS CONTRABAND
Possessing,
manufacturing, introducing, selling, supplying to others, or using without
authorization any explosive, acid, caustic material for incendiary devices,
ammunition, dangerous chemical, escape material, knife, sharpened instrument,
gun, firearm, razor, glass, bludgeon, brass knuckles, cutting tools, tools
which may be used to defeat security measures such as hacksaw blades, keys, and
lock picks, any other dangerous or deadly weapon or substance of like
character, or any object or instrument that is made to appear to be or could be
used as a deadly or dangerous weapon or substance.
105. DANGEROUS DISTURBANCES
Causing,
directing, or participating in any action or group activity that may seriously
disrupt activities or endanger the facility, persons, or property, including
the taking or holding of hostages by force or threat of force and engaging in
prohibited group activities such as work stoppages or hunger strikes.
106. ESCAPE OR RUNAWAY
For escape of a
felon or runaway of a juvenile delinquent, leaving or failing to return to
lawful custody without authorization, including the failure to return from
furlough, leave, or authorized absence within 2 hours after the designated
time.
107. SEXUAL MISCONDUCT
Engaging in sexual
intercourse, sexual conduct, or gesturing, fondling, or touching done to
sexually arouse, intimidate, or harass either or both persons; or engaging in
any of these activities with an animal.
108. SEXUAL
ASSAULT
Causing unwilling
contact between the sex organ of one person and the sex organ, mouth, or anus
of another person or any intrusion of any part of the body of one person or
object into the sex organ or anus of another person by use of force or threat
of force, including pressure, threats, or any other actions or communications
by one or more persons to force another person to engage in a partial or
complete sexual act.
109. ELECTRONIC
CONTRABAND
Possessing,
selling, receiving, supplying to others, or using without authorization any
electronic device, video recording device, computer, or cellular communications
equipment, including, but not limited to, cellular telephones, cellular
telephone batteries, pagers, computers, and computer peripheral equipment.
110. IMPEDING OR INTERFERING WITH AN
INVESTIGATION
Obstructing, impeding, or refusing to
provide information relevant to an investigation.
201. CONCEALMENT OF IDENTITY
Wearing a disguise
or a mask, impersonating another, or otherwise concealing one's identity.
202. DAMAGE OR MISUSE OF PROPERTY
Destroying,
damaging, removing, altering, tampering with, or otherwise misusing property
belonging to the State, another person, or entity, including the obstruction of
locks or security devices, destroying or tampering with bar codes or
identification cards, or the use of another person's identification card.
203. DRUGS AND DRUG PARAPHERNALIA
Possessing,
manufacturing, introducing, selling, supplying to others, or receiving alcohol,
any intoxicant, inhalant, narcotic, syringe, needle, controlled substance, or
marijuana; or being under the influence of any of the above substances; or
refusing to be tested for drug or alcohol use, including failure to provide a
specimen within 2 hours after the request; or destroying or tampering with drug
or alcohol tests or testing equipment. This offense includes medication
misuse, for example, the possession or use of unauthorized amounts of prescribed
medication, or selling or supplying prescribed medication to others.
204. FORGERY
Forging,
counterfeiting, or reproducing without authorization any document, article of
identification, money, security, or official paper.
205. SECURITY
THREAT GROUP OR UNAUTHORIZED ORGANIZATIONAL ACTIVITY
Engaging,
pressuring, or authorizing others to engage in security threat group or
unauthorized organizational activities, meetings, or criminal acts; displaying,
wearing, possessing, or using security threat group or unauthorized
organizational insignia or materials; or giving security threat group or
unauthorized organizational signs. Unauthorized organizational activity shall
include engaging in the above activities by or on behalf of an organization that
has not been approved pursuant to 20 Ill. Adm. Code 445 or 450.
206. INTIMIDATION OR THREATS
Expressing by
words, actions, or other behavior an intent to injure any person or property that
creates the reasonable belief that physical, monetary, or economic harm to that
person or to another will result.
207. POSSESSION OF MONEY
Possessing or
causing to be brought into the facility any coin, currency, or other negotiable
instrument without authorization or for residents of transition centers,
failure to promptly submit all income to center staff, including wages, tips,
gifts, or any check for social security, disability, veteran’s benefits,
grants, scholarships, or loans.
208. DANGEROUS
COMMUNICATIONS
Engaging in verbal
or written communication that is likely to encourage violence against persons
or that is likely to disrupt or endanger the safety and security of the
facility, including, but not limited to, escape plans and manufacture of
weapons.
209. DANGEROUS WRITTEN MATERIAL
Possessing or
causing to be brought into the facility written material that presents a
serious threat to the safety and security of persons or the facility, including,
but not limited to, written material relating to methods of escape and the
manufacture of weapons.
210. IMPAIRMENT OF SURVEILLANCE
Using curtains,
coverings, or any other matter or object in an unauthorized manner that
obstructs or otherwise impairs the line of vision into an offender’s cell or
room or which obstructs or otherwise impairs any viewing panel or surveillance
equipment, both audio and visual, within the facility.
211. POSSESSION
OR SOLICITATION OF UNAUTHORIZED PERSONAL INFORMATION
Possessing or soliciting unauthorized
personal information regarding another offender, releasee, employee, or former
employee, including, but not limited to, personnel files, master files, medical
or mental health records, photographs, social security numbers, home addresses,
financial information, or telephone numbers except as authorized by a court
order or as approved in writing by the Chief Administrative Officer.
212. FRIVOLOUS
LAWSUIT
A pleading, motion, or other paper filed
by the offender for which the court, in accordance with 730 ILCS 5/3-6-3, has
found to be frivolous.
213. FAILURE
TO REVEAL ASSETS
For adult offenders and juvenile offenders
tried as adults, failing to fully cooperate in revealing financial assets on
the form provided, including tangible and intangible property and real and
personal property; providing false or inaccurate information regarding
financial assets or dependants on the forms provided; or refusing to cooperate
in revealing financial assets on the form provided.
301. FIGHTING
Fighting with
another person in a manner that is not likely to cause serious bodily injury to
one or the other and that does not involve the use of a weapon.
302. GAMBLING
Operating or playing a game of chance or
skill for anything of value, making a bet upon the outcome of any event, or
possessing any gambling device. This shall include participating in any
lottery.
303. GIVING FALSE INFORMATION TO AN
EMPLOYEE
Lying or knowingly
providing false information to an employee, either orally or in writing.
304. INSOLENCE
Talking, touching,
gesturing, or other behavior that harasses, annoys, or shows disrespect.
305. THEFT
Taking property
belonging to another person or entity or the facility without the owner's
authorization.
306. TRANSFER OF FUNDS
Causing money to
be transferred from one trust fund to another or through an outside source to
the account of another offender or entering into contracts or credit agreements
without written approval from the Chief Administrative Officer.
307. UNAUTHORIZED MOVEMENT
Being anywhere
without authorization or being absent from where required to be or returning
late or not traveling directly to or from any authorized destination without
prior staff approval.
308. CONTRABAND OR UNAUTHORIZED
PROPERTY
Possessing,
giving, loaning, receiving, or using property that an offender has no
authorization to have or to receive and that was not issued to the individual
through regular procedures, including the unauthorized possession of food or
clothing or the possession of property in excess of that which is authorized by
the facility; or property that has been altered from its original state.
309. PETITIONS, POSTINGS, AND BUSINESS
VENTURES
Writing, signing,
or circulating a petition without authorization; unauthorized distributing or
posting of any printed or written materials, including surveys; engaging in an
unauthorized business venture; or representing oneself as a corporation or
official of a corporation without authorization.
310. ABUSE OF PRIVILEGES
Violating any rule
regarding visits, mail, the library, yard, commissary, telephone, or
recreational activities. This includes corresponding or communicating with a
victim, a victim's family member, or any other person after the offender has
received notice that such person has informed the Department that he or she
does not wish to receive correspondence from the offender. However, if the
conduct also constitutes a violation of federal or State law, a committed
person may also be charged under #501.
311. FAILURE TO SUBMIT TO MEDICAL OR
FORENSIC TESTS
Willfully refusing
to submit to, or cooperate with, testing, examinations, or the provision of
samples required by court order, State law, or current standards of public
health and safety, including the refusal to submit to annual tuberculosis
screening and mandatory HIV or DNA testing.
402. HEALTH, SMOKING, OR SAFETY
VIOLATIONS
Smoking in an
unauthorized area; tattooing or body piercing, including, but not limited to,
piercing of the ear, nose, or lip; or disregarding basic hygiene of any person,
cell, living or work area, or other place in the facility or its grounds.
403. DISOBEYING A DIRECT ORDER
Willfully refusing
or neglecting to comply with an order, including the refusal to participate in
educational testing; to accept a work, educational, or housing assignment; or
to perform a work assignment.
404. VIOLATION OF RULES
Willfully
disobeying any rule of the facility. If the specific offense is stated
elsewhere in this Part, a committed person may not be charged with this
offense. The rule violated must be specified in the disciplinary report.
405. FAILURE TO REPORT
Failure to report
for a work, educational, or program assignment or for transport.
406. TRADING OR TRAFFICKING
Trading or
trafficking with any person.
501. VIOLATING STATE OR FEDERAL LAWS
Committing any act
that would constitute a violation of State or federal law. If the specific
offense is stated elsewhere in this Part, an offender may not be charged with
this offense except as otherwise provided in this Section. The State or
federal offense must be specified in the disciplinary report.
601. AIDING AND ABETTING, ATTEMPT,
SOLICITATION, OR CONSPIRACY
Aiding and
abetting any person in the commission of any of these offenses; attempting to
commit any of these offenses; making plans to commit any of these offenses;
soliciting another to commit any of these offenses; or conspiring to commit any
of these offenses shall be considered the same as the commission of the offense
itself and shall carry the penalty prescribed for the underlying offense.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER d: OPERATIONS
PART 2504
DISCIPLINE AND GRIEVANCES
SECTION 2504.TABLE A MAXIMUM PENALTIES FOR YOUTH
Section 2504.TABLE A Maximum Penalties for Youth
|
Offense
|
Maximum Penalties
for Youth
|
|
Loss
or Restriction of Privileges
|
Confinement
|
Good
Time Revocation
|
Delay
in Recommendation to PRB
|
|
100. Violent
Assault of any Person
|
1
year
|
1
month
|
1
year
|
1 year
|
|
101. Arson
|
1
year
|
1
month
|
1
year
|
1
year
|
|
102. Assaulting
any Person
|
1
year
|
1
month
|
1
year
|
1
year
|
|
103. Bribery
& Extortion
|
6
months
|
1
month
|
1
year
|
1
year
|
|
104. Dangerous
Contraband
|
2
months
|
1
month
|
1
year
|
1
year
|
|
105. Dangerous
Disturbance
|
6 months
|
1
month
|
1
year
|
1
year
|
|
106. Escape
or Runaway
|
1
year
|
1
month
|
1
year
|
1
year
|
|
107. Sexual
Misconduct
|
6
months
|
1
month
|
1
year
|
1
year
|
|
108. Sexual
Assault
|
1
year
|
1
month
|
1
year
|
1
year
|
|
109. Electronic
Contraband
|
6
months
|
1
month
|
1
year
|
1
year
|
|
110. Impeding
or Interfering with an Investigation
|
6
months
|
1
month
|
6
months
|
6
months
|
|
201. Concealment
of Identity
|
6
months
|
1
month
|
1
month
|
1
month
|
|
202. Damage
or Misuse of Property
|
1
month
|
1
month
|
1
month
|
1
month
|
|
203. Drugs
and Drug Paraphernalia
|
2
months
|
1
month
|
3
months
|
3
months
|
|
204. Forgery
|
1
month
|
1
month
|
1
month
|
1
month
|
|
205. Security
Threat Group or Unauthorized Organizational Activity
|
2
months
|
1
month
|
6
months
|
6
months
|
|
206. Intimidation
or Threats
|
1
month
|
1
month
|
1
month
|
1 month
|
|
207. Possession
of Money
|
4
months
|
1
month
|
1
month
|
1
month
|
|
208. Dangerous
Communications
|
2
months
|
1
month
|
6
months
|
6
months
|
|
209. Dangerous
Written Material
|
2
months
|
1
month
|
6
months
|
6
months
|
|
210. Impairment
of Surveillance
|
2
months
|
1
month
|
6 months
|
6
months
|
|
211. Possession
or Solicitation of Unauthorized Personal Information
|
2
months
|
1
month
|
6
months
|
6
months
|
|
212. Frivolous
Lawsuit
|
0
days
|
0
days
|
6
months
|
0
days
|
|
213. Failure
To
Reveal
Assets
|
2
months
|
1
month
|
6
months
|
6
months
|
|
301. Fighting
|
2
months
|
1
month
|
2
months
|
2
months
|
|
302. Gambling
|
1
month
|
2
days
|
1
month
|
1
month
|
|
303. Giving
False Information to an Employee
|
1
month
|
7
days
|
6
months
|
6
months
|
|
304. Insolence
|
1
month
|
7
days
|
1
month
|
1
month
|
|
305. Theft
|
2
months
|
5
days
|
3 months
|
3
months
|
|
306. Transfer
of Funds
|
3
months
|
5
days
|
3
months
|
3
months
|
|
307. Unauthorized
Movement
|
1
month
|
5
days
|
1
month
|
1
month
|
|
308. Contraband
or Unauthorized Property
|
2
months
|
5
days
|
2
months
|
2
months
|
|
309. Petitions,
Postings, and Business Ventures
|
2
months
|
0
days
|
0
days
|
2
months
|
|
310. Abuse
of Privileges
|
2
months
|
3
days
|
0
days
|
2
months
|
|
311. Failure
to Submit to Medical or Forensic Tests
|
2
months
|
3
days
|
0
days
|
2
months
|
|
402. Health,
Smoking, or Safety Violations
|
1
month
|
2
days
|
1
month
|
1 month
|
|
403. Disobeying
a Direct Order
|
1
month
|
3
days
|
15
days
|
15
days
|
|
404. Violation
of Rules
|
1
month
|
2
days
|
0
days
|
1
month
|
|
405. Failure
to Report
|
1
month
|
3
days
|
15
days
|
15
days
|
|
406. Trading
or Trafficking
|
1
month
|
3
days
|
15
days
|
15
days
|
|
501. Violating
State or Federal Laws
|
2
months
|
1
month
|
1
year
|
1
year
|
|
601. Aiding
and Abetting, Attempt, Solicitation, or Conspiracy
|
Same
as underlying offense
|
Same
as underlying offense
|
Same
as underlying offense
|
Same
as underlying offense
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
