Section 2602.5  Definitions

 

"Agency" means the unit of a State, local, corporate, or nonprofit authority, or of the Department of Justice, with direct responsibility for the operation of any facility that confines inmates, youth, or residents, including the implementation of policy as set by the governing, corporate, or nonprofit authority. (Section 115.5 of PREA). For the purposes of this Part, agency shall also mean each individual county detention center.

 

"Agency head" means the principal official of an agency. (Section 115.5 of PREA)

 

"Confinement/Room confinement" is the practice of isolating a youth in the youth's room for disciplinary reasons.

 

"Contractor" means a person who provides services on a recurring basis pursuant to a contractual agreement with the agency. (Section 115.5 of PREA)

 

"Corporal punishment" is any deliberate action to humiliate, demean, embarrass or cause physical pain or discomfort for the purpose of punishment.

 

"Delinquent minor" means any minor who, prior to the minor's 18th birthday, has violated or attempted to violate, regardless of where the act occurred, any federal or State law or municipal ordinance, except for status offenses.

 

"Department" means the Department of Juvenile Justice.

 

"Detention" means the temporary care of a minor who is alleged to be or adjudicated delinquent and who requires custody for the minor's own protection or the community's protection in a facility designed to physically restrict the minor's movements, pending disposition by the court or execution of an order of the court for placement or commitment. (Section 5-105 of the Juvenile Court Act)

 

"Direct staff supervision" means that security staff are in the same room with, and within reasonable hearing distance of, the resident or youth. (Section 115.5 of PREA)

 

"Employee" means a person who works directly for the agency or facility. (Section 115.5 of PREA)

 

"Exigent circumstances" means any set of temporary and unforeseen circumstances that require immediate action in order to combat a threat to the security or institutional order of a facility. (Section 115.5 of PREA)

 

"Facility" means a place, institution, building (or part of the building), set of buildings, structure, or area (whether enclosing a building or set of buildings) that is used by an agency for the confinement of youth. (Section 115.5 of PREA)

 

"Facility head" means the principal official of a facility. (Section 115.5 of PREA)

 

"Full compliance" means compliance with all material requirements of each standard except for de minimis violations, or discrete and temporary violations during otherwise sustained periods of compliance. (Section 115.5 of PREA)

 

"Gender nonconforming" means a person whose appearance or manner does not conform to traditional societal gender expectations. (Section 115.5 of PREA)

 

"Intersex" means a person whose sexual or reproductive anatomy or chromosomal pattern does not seem to fit the typical binary expectations of male or female. Intersex medical conditions are sometimes referred to as disorders of sex development. (Section 115.5 of PREA)

 

"JMIS" means Juvenile Monitoring Information System.

 

"Juvenile Court Act" or "Juvenile Court Act of 1987" means 705 ILCS 405.

 

"Juvenile" means any person under the age of 18, unless under adult court supervision and confined or detained in a prison or jail. (Section 115.5 of PREA)

 

"Juvenile facility" means a facility primarily used for the confinement of juveniles pursuant to the juvenile justice system or criminal justice system. (Section 115.5 of PREA)

 

"Medical practitioner" means a health professional who, by virtue of education, credentials and experience, is permitted by law to evaluate and care for patients within the scope of the medical practitioner's professional practice. A "qualified medical practitioner" refers to a professional who has also successfully completed specialized training for treating sexual abuse victims. (Section 115.5 of PREA)

 

"Mental health practitioner" means a mental health professional who, by virtue of education, credentials, and experience, is permitted by law to evaluate and care for patients within the scope of the mental health practitioner's professional practice. A "qualified mental health practitioner" refers to a professional who has also successfully completed specialized training for treating sexual abuse victims. (Section 115.5 of PREA)

 

"Office of Detention and Audit Services" means the unit within the Department of Juvenile Justice that is authorized to monitor compliance with the County Juvenile Detention Standards.

 

"Pat-down search" means a running of the hands over the clothed body of a youth by an employee to determine whether the individual possesses contraband. (Section 115.5 of PREA)

 

"PREA" means the Prison Rape Elimination Act National Standards, 28 CFR 115 (July 1, 2019).

 

"Resident" means any person confined or detained in a juvenile facility or in a community confinement facility. (Section 115.5 of PREA)

 

"Security staff" means employees primarily responsible for the supervision and control of youth in housing units, recreational areas, dining areas, and other program areas of the facility.

 

"Sexual Abuse" means: 

 

Sexual abuse of a youth by another youth; and

 

Sexual abuse of a youth by a staff member, contractor or volunteer.

 

Sexual abuse of a youth by another youth includes any of the following acts, if the victim does not consent, is coerced into the act by overt or implied threats of violence, or is unable to consent or refuse:

 

Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;

 

Contact between the mouth and the penis, vulva or anus;

 

Penetration of the anal or genital opening of another person, however slight, by a hand, finger, object or other instrument; and

 

Any other intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh or the buttocks of another person, excluding contact incidental to a physical altercation.

 

Sexual abuse of a youth by a staff member, contractor or volunteer includes any of the following acts, with or without consent of the youth:

 

Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;

 

Contact between the mouth and the penis, vulva or anus;

 

Contact between the mouth and any body part where the staff member, contractor or volunteer has the intent to abuse, arouse or gratify sexual desire;

 

Penetration of the anal or genital opening, however slight, by a hand, finger, object or other instrument, that is unrelated to official duties or where the staff member, contractor or volunteer has the intent to abuse, arouse, or gratify sexual desire;

 

Any other intentional contact, either directly or through the clothing, of or with the genitalia, anus, groin, breast, inner thigh, or the buttocks, that is unrelated to official duties or where the staff member, contractor or volunteer has the intent to abuse, arouse, or gratify sexual desire;

 

Any attempt, threat, or request by a staff member, contractor, or volunteer to engage in the activities described in this definition;

 

Any display by a staff member, contractor or volunteer of his or her uncovered genitalia, buttocks or breast in the presence of a youth; and

 

Voyeurism by a staff member, contractor, or volunteer.

 

Voyeurism by a staff member, contractor or volunteer means an invasion of privacy of a youth by staff for reasons unrelated to official duties, such as peering at a youth who is using a toilet in his or her cell to perform bodily functions; requiring a youth to expose his or her buttocks, genitals or breasts; or taking images of all or part of a youth's naked body or of a youth performing bodily functions. (Section 115.6 of PREA)

 

"Sexual Harassment" means:

 

Repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures or actions of a derogatory or offensive sexual nature by one youth directed toward another; and

 

Repeated verbal comments or gestures of a sexual nature to a youth by a staff member, contractor or volunteer, including demeaning references to gender, sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures. (Section 115.6 of PREA)

 

"Staff" means employees. (Section 115.5 of PREA)

 

"Status offense" means an offense that would not be criminal if committed by an adult, such as truancy, curfew violations, or running away from home.

 

"Strip search" means a search that requires a person to remove or arrange some or all clothing so as to permit a visual inspection of the person's breasts, buttocks or genitalia. (Section 115.5 of PREA)

 

"Substantiated allegation" means an allegation that was investigated and determined to have occurred. (Section 115.5 of PREA)

 

"Transgender" means a person whose gender identity (i.e., internal sense of feeling male or female) is different from the person's assigned sex at birth. (Section 115.5 of PREA).

 

"Unfounded allegation" means an allegation that was investigated and determined not to have occurred. (Section 115.5 of PREA)

 

"Unified Code of Corrections" means 730 ILCS 5.

 

"Unsubstantiated allegation" means an allegation that was investigated, and the investigation produced insufficient evidence to make a final determination as to whether the event occurred. (Section 115.5 of PREA)

 

"Volunteer" means an individual who donates time and effort on a recurring basis to enhance the activities and programs of the agency. (Section 115.5 of PREA)

 

"Youth" means any person detained in a lockup, regardless of adjudication status.