Section 501.70  Use of Chemical Agents in Cells (Consent Decree)

a)         This Section applies only to the transfer of a committed person who has refused to leave his cell when so ordered.  The transfer of a committed person shall be undertaken with a minimum amount of force. Only when the individual threatens bodily harm to himself, other committed persons or correctional officers may tear gas or other chemical agents be employed to remove him.

b)         Prior to use of tear gas or other chemical agents, the committed person shall be informed that such tear gas or other chemical agents will be used unless he complies with the transfer order.

c)         The use of tear gas or other chemical agents may be authorized only by an officer the rank of Captain or above.  (For purposes of this rule, the shift supervisor or higher authority in the Juvenile Division may authorize the use of tear gas or other chemical agents.)

d)         Precautionary measures shall be taken to limit the noxious side effects of the chemical agents.  In addition, the following procedures shall be followed whenever tear gas or other chemical agents are used to compel a committed person to leave his cell:

1)         If circumstances allow, ventilation devices, such as windows and fans, shall be readied prior to the use of tear gas or other chemical agents.  In any event, these devices shall be employed immediately after tear gas or other chemical agents are used.  The purpose of this procedure is to minimize the effect of tear gas or other chemical agents upon other committed persons located in the cell house.

2)         Gas masks shall be available for use by correctional officers at the time the tear gas or other chemical agent is used.

3)         When a gas canister is placed inside a committed person's cell, the gas will quickly take effect and correctional officers shall enter the cell as soon as possible to remove the individual.

4)         The committed person shall be instructed by the correctional officer to flush his eyes and skin exposed to the chemical agent with water.  If the individual appears incapable of doing so, a member of the medical staff present shall perform this task.  If no member of the medical staff is present, the correctional officer shall undertake this procedure.

e)         An Incident Report shall be prepared immediately after the use of the chemical agent.  This report shall be signed by each correctional officer involved in the transfer, who may indicate disagreement with any fact stated in the report.

f)         The Chief Administrative Officer shall examine these Incident Reports to ensure that proper procedures were employed.  Failure to follow proper procedures will result in disciplinary action.

g)         Before Section 501.70 is modified, legal staff must be consulted. This Section was promulgated pursuant to settlement of litigation by order of the court.  It may not be modified without approval of the court.

(Source:  Amended at 11 Ill. Reg. 14697, effective September 1, 1987)