Section 525.310  Request for Permission to Marry

a)         Marriage between two offenders confined in Department facilities shall be prohibited.

b)         An offender who wishes to become married shall submit a written request to the Chief Administrative Officer a minimum of 30 days in advance of the date requested for the marriage ceremony.

1)         The notice shall include the name and address of the intended spouse and a description of any actions which have been taken in obtaining a marriage license and in complying with applicable provisions of the law.

2)         All financial obligations shall be the responsibility of the offended or the intended spouse.

3)         A request for a transition center leave may be submitted at the same time as the request to marry.  The request shall be reviewed in accordance with 20 Ill. Adm. Code 530:  Subpart D.

c)         The facility chaplain or an individual designated by the Chief Administrative Officer shall conduct a pre-marital counseling session with the offender or the intended spouse or both.

d)         The Chief Administrative Officer shall review the request to marry and shall approve or deny the request based on security concerns, the best interest of the offender, or other legitimate penological interests.  The Chief Administrative Officer's decision regarding the request to marry and, if applicable, the leave request, shall be made in writing. Acopy of the written decision shall be provided to the offender.

e)         Except as provided in Section 525.310(f), the facility shall make its chapel or another suitable location available for the performance of the approved marriage ceremony.

1)         The facility's chaplain shall review the type of ceremony that is requested and refer a description of the proposed ceremony to the Chief Administrative Officer for approval.

2)         Witnesses and guests shall not exceed 6 in number, excluding the officiating clergyman.  Witnesses and guests must be on the offender's approved visiting list, except as otherwise approved by the Chief Administrative Officer.

3)         Facilities for the consummation of marriages or for a reception shall not be provided.

f)           The marriage ceremony and reception, if any, of an offender housed at a transition center shall be at the offender's or intended spouse's expense and at a suitable location in the free community as approved by the Chief Administrative Officer.

(Source:  Amended at 27 Ill. Reg. 8039, effective July 1, 2003)