Section 701.160 Discipline

Section 701

Section 701.160  Discipline

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

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

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

traband 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

ty

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

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

rator 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]

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.