Section 701.60 Release Procedures
IllinoisRegulations
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Illinois Administrative Code › Title 20 CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › CHAPTER I: DEPARTMENT OF CORRECTIONS › Part 701 COUNTY JAIL STANDARDS › Section 701.60 Release Procedures
Text
Section 701
Section 701.60 Release
Procedures
a) Identification
1) Positive detainee identification shall be made by the
releasing officer before discharge, transfer or release is effected.
2) When a detainee is discharged or is released to the custody of
another, a record shall be made of the date, time and the authority.
b) Physical Inspection
Prior to final
release or discharge, each detainee shall receive a physical inspection by a
person of the same gender, when possible, and a record shall be made of any
wounds or injuries.
c) Contraband
Detainees
being discharged, released or transferred shall be searched by a person of the
same gender to prevent detainees from taking property that does not belong to
them or other items of contraband as defined in Article 31Aof the Criminal Code
of 2012 [720 ILCS 5/Art. 31A].
d) Personal Property
All personal
property and funds inventoried at the time of admission or added during the
period of confinement and not transferred to a third party or expended during
confinement, other than those legally confiscated, shall be returned to the
detainee upon release.
1) Items shall be carefully inventoried, or otherwise accounted
for, with the releasing officer and the detainee signing the inventory form.
2) A record of any maintenance medication, including the amount,
released with an offender shall be documented.
3) A copy of the itemized and signed receipt shall be maintained
by the jail as a permanent record.
4) Personal property of the detainee being transferred to another
facility shall be inventoried and items to be transferred with the detainee
shall be documented and turned over to the transporting officer in the presence
of the detainee. Personal property allowed by the receiving facility shall be
transferred with the detainee
t shall be maintained
by the jail as a permanent record.
4) Personal property of the detainee being transferred to another
facility shall be inventoried and items to be transferred with the detainee
shall be documented and turned over to the transporting officer in the presence
of the detainee. Personal property allowed by the receiving facility shall be
transferred with the detainee. Items not transferred shall be disposed of by
the transferring facility in accordance with its procedures, for example,
having a relative pick up items, mailing items to a person designated by the
detainee, etc.
e) Discharge of Mentally Ill Detainees
1) When a mentally ill detainee is released, he or she shall be
given a listing of community mental health resource addresses and telephone
numbers and provided with the opportunity to receive a copy of the jail's
mental health, medical and medication records.
2) Linkage and after care may include a referral to a mental
health provider, a prescription for medications, or a two week supply of
prescribed medications.
f) Transfers to the Illinois Department of Corrections
Pursuant to
Sections 3-8-1 and 5-4-1 of the Unified Code of Corrections [730 ILCS 5/3-8-1
and 5-4-1], when a detainee is delivered to the custody of the Department, the
following information must be included with the items delivered:
1)
The sentence imposed.
2)
Any findings of great bodily harm made by the court.
3)
Any statement by the court on the basis for imposing the
sentence.
4)
Any presentence reports.
5)
Any sex offender evaluations.
6)
Any substance abuse treatment eligibility screening and
assessment of the detainee by an agent designated by the State to provide
assessments for Illinois courts.
7)
The number of days, if any, which the
detainee
has
been in custody and for which he
or she
is entitled to credit
against the sentence
asis for imposing the
sentence.
4)
Any presentence reports.
5)
Any sex offender evaluations.
6)
Any substance abuse treatment eligibility screening and
assessment of the detainee by an agent designated by the State to provide
assessments for Illinois courts.
7)
The number of days, if any, which the
detainee
has
been in custody and for which he
or she
is entitled to credit
against the sentence. Certification of jail credit time shall include any time
served in the custody of the Illinois Department of Human Services-Division of
Mental Health or Division of Developmental Disabilities,
time served in
another state or federal jurisdiction and any
time served while on
probation or periodic imprisonment.
8)
State's attorney's statement of facts, including the facts
and circumstances of the offenses for which the detainee was committed, any
other factual information accessible to the State's Attorney prior to the
commitment to the Department relative to the detainee's habits, associates,
disposition and reputation or other information that may aid the Department
during the custody of the detainee. If the statement is unavailable at the
time of delivery, the statement must be transmitted within 10 days
after
receipt by the clerk of the court.
9)
Any medical or mental health records or summaries.
10)
Any victim impact statements.
11)
Name of municipalities where the arrest of the
detainee
and the commission of the offense occurred, if the municipality has a
population of more than 25,000 persons.
12)
All additional matters that the court directs the clerk to
transmit
transmitted within 10 days
after
receipt by the clerk of the court.
9)
Any medical or mental health records or summaries.
10)
Any victim impact statements.
11)
Name of municipalities where the arrest of the
detainee
and the commission of the offense occurred, if the municipality has a
population of more than 25,000 persons.
12)
All additional matters that the court directs the clerk to
transmit.
13)
The
mittimus or sentence (judgment) order that provides the following information:
A)
The
criminal case number, names and citations of the offenses, judge's name, date
of sentence and, where applicable, whether the sentences are to be served
concurrently or consecutively;
B)
The
number of days spent in custody; and
C)
If
applicable, the calculation of pre-trial program sentence credit awarded by the
court to the detainee, including, at a minimum, identification of the type of
pre-trial program the detainee participated in and the number of eligible days
the court finds the detainee spent in the pre-trial program multiplied by the
calculation factor of 0.5 for the total court-awarded credit.
14)
A record of the detainee's time and his or her behavior
and conduct while in the custody of the county. Any action on the part of the
detainee that might affect his or her security status with the Department,
including, but not limited to, an escape attempt, participation in a riot, or a
suicide attempt should be included in the record.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.