a) Written
Disciplinary Rules and Regulations
The jail shall have and maintain written standards relating to
discipline. The disciplinary rules and regulations must comply with Section 3.1
of the County Jail Good Behavior Allowance Act [730 ILCS
130/3.1 ]:
1)
The jail administrators who supervise institutions under the Act shall meet and
promulgate uniform rules and regulations for behavior and conduct, penalties,
and the awarding, denying, and revocation of good behavior allowance, in such
institutions. All disciplinary action shall be consistent with the provisions
of applicable law. Committed persons shall be informed of rules of behavior and
conduct, the penalties for violation thereof, and the disciplinary procedure by
which such penalties may be imposed. Any rules, penalties and procedures shall
be posted and made available to the committed persons.
2) Whenever a person is alleged to have
violated a rule of behavior, a written report of the infraction shall be filed
with the jail administrator within 72 hours of the occurrence of the infraction
or the discovery of it, and such report shall be placed in the file of the
institution or facility. No disciplinary proceeding shall be commenced more
than 8 days after the infraction or the discovery of it, unless the committed
person is unable or unavailable for any reason to participate in the
disciplinary proceeding.
3) All or
any of the good behavior allowance earned may be revoked by the jail
administrator, unless he or she initiated the charge, and in that case by the
disciplinary board, for violations of rules of behavior at any time prior to
discharge from the institution, consistent with the provisions of the
Act.
4) In disciplinary cases that
may involve the loss of good behavior allowance or eligibility to earn good
behavior allowance, the jail administrator shall establish disciplinary
procedures consistent with the following principles:
A) The jail administrator may establish one
or more disciplinary boards, made up of one or more persons, to hear and
determine charges. Any person who initiates a disciplinary charge against a
committed person shall not serve on the disciplinary board that will determine
the disposition of the charge. In those cases in which the charge was initiated
by the jail administrator, he or she shall establish a disciplinary board which
will have the authority to impose any appropriate discipline.
B) Any committed person charged with a
violation of rules of behavior shall be given notice of the charge, including a
statement of the misconduct alleged and of the rules this conduct is alleged to
violate, no less than 24 hours before the disciplinary hearing.
C) Any committed person charged with a
violation of rules is entitled to a hearing on that charge, at which time he or
she shall have an opportunity to appear before and address the jail
administrator or disciplinary board deciding the charge.
D) The person or persons determining the
disposition of the charge may also summon to testify any witnesses or other
persons with relevant knowledge of the incident. The person charged may be
permitted to question any person so summoned.
E) If the charge is sustained, the person
charged is entitled to a written statement, within 14 days after the hearing,
of the decision by the jail administrator or the disciplinary board which
determined the disposition of the charge, and the statement shall include the
basis for the decision and the disciplinary action, if any, to be
imposed.
F) The jail administrator
may impose the discipline recommended by the disciplinary board, or may reduce
the discipline recommended; however, no committed person may be penalized more
than 30 days of good behavior allowance for any one infraction.
G) The jail administrator, in appropriate
cases, may restore good behavior allowance that has been revoked, suspended, or
reduced.
5) The jail
administrator, or his or her designee, may revoke the good behavior allowance
specified in Section 3 of the Act of a detainee sentenced to the Illinois
Department of Corrections for misconduct committed while in the custody of the
jail administrator. If a detainee, while in the custody of the jail
administrator, is convicted of assault or battery on a peace officer,
correctional employee, or another detainee, for criminal damage to property or
for bringing into or possessing contraband in the jail in violation of Section
31A-1.1 of the Criminal Code of 2012, his or her day for day good behavior
allowance shall be revoked for each day such allowance was earned while the
detainee was in the custody of the jail administrator.
b) Distribution of Rules
1) Every detainee shall be provided with the
following:
A) Rules and regulations governing
behavior.
B) Conduct constituting a
penalty offense.
C) Types and
duration of penalties, including loss of visiting privileges, that may be
imposed.
D) Who may impose
penalties.
E) Authorized methods of
seeking information and making complaints.
F) All other matters necessary to enable the
detainee to understand both his or her rights and obligations.
2) The information in subsection
(b)(1) shall be conveyed to the detainee in a manner he or she understands.
Special assistance shall be given as needed.
c) Complaints
1) Each detainee shall be permitted to make
requests or complaints to the jail administration in written form, without
censorship of substance.
2) If not
resolved at the local level, detainees may submit a complaint to the Unit. A
copy of the local decision must be attached to the complaint.
d) Reporting of Violations
Jail officers who observe disciplinary violations shall submit
a written report of the occurrence.
e) Investigations and Penalties
1) Decisions on investigations and penalties
for disciplinary violations shall be made in accordance with disciplinary rules
of the county jails.
2) Supervisory
staff shall conduct a review of the factors of an alleged minor rule violation
within 24 hours after its occurrence. The supervisor may modify the discipline
taken. Detainees segregated as a result of a minor rule infraction shall be
informed by supervisory staff of the results of his or her review. The detainee
may submit a grievance to a higher authority.
3) Segregation shall not exceed 72 hours for
minor rule violations.
f) Violation Classifications
Violations shall be classified as minor or major.
1) Minor violations of conduct rules are
those for which the penalty does not exceed a reprimand or the loss of
privileges for more than 72 hours.
2) Major violations are those for which the
penalty may be more severe, such as loss of good behavior allowance, transfer
to segregation or isolation confinement, transfer to a higher classification of
custody, any other change in status that may adversely affect a detainee's time
of release or discharge, or the filing of additional charges subject to
prosecution.
g)
Prehearing Rules for Major Violations
1)
Someone other than the reporting officer shall conduct an investigation into
the facts of the alleged misconduct to determine if a violation occurred and if
there is cause to believe the alleged detainee committed the violation. If
cause exists, a hearing date shall be scheduled. The hearing shall be convened
in accordance with subsection (a)(2).
2) No penalty shall be imposed until after
the hearing, except that the accused may be segregated from the rest of the
population or transferred to a different tier or cell block if jail authorities
feel that the detainee constitutes a threat to other detainees, staff members,
or to oneself or institutional order.
h) Hearing Rules for Major Violations
1) Rules governing major violations shall
provide for a hearing on the alleged violation.
2) The hearing shall be before an impartial
officer or committee, which may include a public member.
3) The accused shall be allowed to present
evidence or witnesses in his or her behalf. However, witnesses may be denied if
their testimony would be irrelevant or cumulative or jeopardize the safety and
security of the facility.
4) The
accused shall be allowed to pose questions to the hearing officer or committee
to be asked of witnesses against the accused.
5) When the accused has a disability that
requires him or her to need special assistance, the issues are complex and it
is unlikely he or she will be able to collect and present the necessary
evidence, the aid of a fellow detainee or member of the staff shall be made
available to the accused.
6) The
hearing officer or committee shall render the decision in writing setting forth
the findings, the conclusion and any penalty imposed. If the decision finds the
accused did not commit the alleged violation, all reference to the charges
shall be removed from his or her file.
7) Findings of the hearing officer or
committee shall be reviewed by the jail administrator or designee, who may
accept the decision or reduce the penalty imposed.
i) Disciplinary Findings and Penalty
Imposition
1) In reaching a decision regarding
the type of discipline to be imposed, the hearing officer or committee shall
evaluate the violation and the violator and choose the disposition that is most
likely to promote conformance to normal standards of conduct.
2) A restriction of privileges shall be
carefully evaluated and assessed as it relates to the infraction and does not
impose a secondary penalty on another person.
3) Segregation shall be imposed only after
lesser penalties have been considered.
4) Detainees under 18 years of age who are in
segregation must remain separated by sight and sound from detainees 18 years or
older.
5) Restricted diets and
corporal punishment are prohibited.
6) Forfeiture of good behavior allowance
shall be assessed in conformity with Section 3.1 of the County Jail Good
Behavior Allowance Act.
j) Use of Restraints
Restraint devices, such as handcuffs, waist chains, leg irons,
leg braces, straitjackets, etc., shall not be applied as a penalty.
1) Excluding pregnant detainees held in a
jail located in a county of 3,000,000 or more inhabitants or any female
detainees in labor, restraints may be used on a detainee:
A) As a precaution against escape during
transportation.
B) On medical
grounds by direction of the physician.
C) By order of the jail administrator in
order to prevent a detainee from injuring others or to prevent a detainee from
damaging or destroying property.
2) Use of any type of restraints on a
pregnant detainee being held in a jail located in a county of 3,000,000 or more
inhabitants shall be prohibited unless otherwise provided by Section 3-15003.6
of the Counties Code [55 ILCS
5/3-15003.6].
3) Use of any type of restraints on a female
detainee who it has been determined is in labor shall be prohibited during
transport to a medical facility for the purposes of delivery of a
child.
4) Use of leg restraints,
shackles or waist restraints on any female detainee who it has been determined
is in labor shall be prohibited.
5)
A written report shall be placed on file whenever restraint devices are applied
in accordance with subsection (j)(1). Additionally, each individual case shall
be reviewed at least once every 24 hours to determine the necessity for
restraints.
6) Psychotropic
medicines shall not be used as a disciplinary device or control
measure.
k) Use of Force
by Staff
Limitations on the use of force do not prohibit self defense,
prevention of injury to another staff member or detainee, prevention of
property damage, or efforts to subdue a recalcitrant or to thwart or prevent
escape or attempt to escape. The least force necessary under the circumstances
shall be employed.
l)
Prosecution
When a detainee is alleged to have committed a crime, the
facility shall document and refer the case to appropriate law enforcement
officials for possible prosecution.