Ill. Admin. Code tit. 20 § 701.40

Current through Register Vol. 48, No. 43, October 25, 2024

Section 701.40 - Admission Procedures

a) Posting of Rights

A Notice of Rights, available from the Unit, and jail rules and regulations shall be conspicuously posted in all receiving rooms and in common areas to provide maximum accessibility to detainees.

b) Pat Down Search

Detainees shall be given an immediate pat down search.

c) Legal Confinement Authority

The jail officer accepting persons for confinement must determine that each is being confined under proper legal authority.

d) Identity

1) The identity of the person being detained must be verified as the person named in the commitment documents. Documents must become a part of the detainee's record.

2) Each detainee must be photographed and fingerprinted. These records shall be maintained in accordance with the Criminal Identification Act [20 ILCS 2630 ] and the Juvenile Court Act of 1987 [705 ILCS 405 ].

e) Injuries

Any seriously injured, seriously ill or unconscious person must not be admitted to the jail until a medical examination has been conducted by a licensed physician, except when a properly staffed medical facility staffed by a physician or physician's assistant is a part of the jail.

f) Strip Search

1) A strip search shall be performed in an area that ensures privacy and dignity of the individual. The individual shall not be exposed to the view of others who are not specifically involved in the process.

2) Strip searches shall be conducted by a person of the same gender.

3) All personal clothing shall be carefully searched for contraband.

4) The probing of body cavities may not be done except when there is reasonable suspicion of contraband. Intrusive searches may only be conducted:

A) By a medically trained person who is not a detainee, for example, a physician, physician's assistant, registered nurse, licensed practical nurse or paramedic; and

B) In a private location under sanitary conditions.

g) Personal Property

1) Each item of personal property, including any medication, taken from the detainee shall be identified and described on a property receipt in the presence of the detainee.

2) A receipt shall be issued that shall include the signatures of the admitting officer and the detainee. The original receipt shall be filed in the detainee's personal record file and the duplicate shall be given to the detainee.

3) Medication shall be processed in accordance with subsection (j).

4) All personal property of the detainee shall be securely stored until the detainee is released, discharged or transferred or the detainee approves, in writing, the release of his or her property to a designated person or its disposal. The jail shall establish and maintain a policy for the disposal of abandoned property.

5) Personal property released to a third party must have the detainee's authorizing signature and a signature of the receiving individual.

h) Telephone Calls

1) Detained persons shall be permitted to make a reasonable number of completed telephone calls, both local and long distance, to an attorney of their choice and to a family member or friend. The calls should be afforded to the detainee as soon as practicable, generally within one hour after arrival.

2) The expense for making a telephone call, if any, shall be borne by the detainee or the individual called.

3) The date and time of telephone calls made during the admission process shall be documented.

i) Physical and Mental Health Assessments

1) The admitting officer shall observe the detainee for any obvious injuries or illnesses requiring immediate emergency medical care, rashes, unusual cough, high temperature, body pests and general mental status. The officer shall determine by questioning whether the detainee:

A) Has any medical condition that requires medical attention, such as dependence on drugs or alcohol, diabetes, epilepsy, allergies, asthma, heart condition, etc.;

B) Has any indications of acute mental or emotional disturbance, mental illness, developmental disabilities or dual diagnosis;

C) Is at imminent risk of self harm as determined by the use of an approved screening instrument or history of medical illness;

D) Is on medication; and

E) If female, is pregnant.

2) Mental health screenings shall include either an assessment by a mental health professional or an assessment by a jail officer using an approved screening instrument for assessing mental health.

3) When a detainee shows signs of or reports unusual physical or mental distress, he or she shall be referred to health care personnel as soon as possible.

A) Detainees exhibiting psychiatric symptoms, such as acute psychotic features or mood disturbances, or detainees who have a known psychiatric history shall be evaluated by a mental health professional.

B) Detainees exhibiting suicidal behavior or ideations shall be placed in a reasonable level of care that provides for their safety and stability.

j) Medication

1) Any medication in the possession of a detainee at admission shall be withheld until identification and verification of its proper use is obtained and documented by a licensed medical professional. Medical staff shall obtain verification as soon as possible, no later than the time interval specified for administration of the medication on the prescription container.

2) Medications shall be administered as prescribed.

k) Booking and Personal Record Information

1) A record or records for each detainee shall be established at the time of admission and shall be maintained throughout the period of confinement. Expungement and sealing of booking and personal record information shall be made in accordance with Section 5.2 of the Criminal Identification Act [20 ILCS 2630/5.2] .

2) The record shall include:

A) The detainee's name and social security number.

B) Aliases and nicknames used by the detainee.

C) The detainee's address.

D) Marital status of the detainee.

E) The detainee's age and date of birth.

F) The name of the person to notify in case of an emergency, including that individual's address and telephone number.

G) The detainee's physical description and characteristic marks, including any tattoos.

H) The detainee's occupation.

I) Education level attained by the detainee.

J) The detainee's religion or religious preference.

K) The holding offense.

L) The date and time of admission and authority to detain.

M) The name and title of officers presenting and receiving the detainee.

N) The name and telephone number of the detainee's attorney.

O) Previous arrest record and convictions of the detainee.

P) The medical record of:

i) The detainee's health and physical condition: at the time of admission; during confinement, including treatment and medication administered; and at the time of discharge; and

ii) The detainee's medical and hospitalization insurance carrier and policy numbers.

Q) Itemized record of the detainee's cash and other valuables, expenditures and receipts while in custody.

R) The dates of temporary absences from the jail, the authority to be absent and the destination.

S) A record of visitor's names and the dates of visits.

T) A record of detainee misconduct and subsequent discipline administered.

U) The case disposition, judge and court.

l) Lice and Other Body Pests

Treatment, directed by the facility physician, shall be initiated immediately when body pests are detected.

m) Showers

All detainees must shower or bathe when admitted.

n) Cell Assignment

1) The detainee shall be assigned to suitable quarters.

2) Jail staff shall be responsible for cell assignment and shall consider, among other matters:

A) The status of a new detainee, for example, pre- or post-trial detention, etc.;

B) The detainee's gender, health, age, type of offense charged and prior record if known;

C) Whether there are any accomplices or material witnesses already within the jail from whom the detainee should be separated; and

D) Classification and separation criteria outlined in Section 701.70.

o) Issued Items

1) Detainees shall be issued clean bedding, a towel, necessary clothing and soap.

A) Bedding shall consist of at least a mattress cover, flame retardant mattress and covering appropriate to the season of the year.

B) The towel shall be made of cloth and be bath size.

2) Detainees shall be permitted to purchase a toothbrush and dentifrice from the commissary unless furnished by the jail staff. If the detainee is without funds in his or her possession, he or she shall be issued such items by jail staff.

3) Detainees shall be held accountable for all jail property issued to them.

Ill. Admin. Code tit. 20, § 701.40

Amended at 28 Ill. Reg. 13729, effective October 1, 2004

Amended at 38 Ill. Reg. 18859, effective 10/1/2014