Ill. Admin. Code tit. 20 § 701.70

Current through Register Vol. 48, No. 45, November 8, 2024

Section 701.70 - Classification and Separation

a) Classification Information

Each facility shall have written guidelines for the classification of detainees that specify criteria and procedures for determining and changing the status, assignment or security of a detainee. To determine each detainee's degree of security, housing, programs and assignments, the following items of information, to the extent available, shall be considered, among other matters:

1) Gender.

2) Age.

3) Offense.

4) Status; that is, pretrial, awaiting sentence or sentenced.

5) Past criminal history, including known prior institutional history.

6) Probation or parole status.

7) Medical condition, including pregnancy, and treatment needs.

8) Mental and emotional condition and needs.

9) History of substance abuse.

10) Sexual orientation, transgenderism and gender non-conformity.

11) Academic and vocational needs.

12) Special services and program needs.

13) Detainee's attitudes regarding him or herself and his or her future.

14) Gang activity.

15) Physical size and stature.

b) Separation by Category

1) Gender

Male and female detainees, supervised under both the direct and indirect supervision options (see Section 701.130) , must be housed separately by sight and sound.

2) Age

Detainees under the age of 18 years and detainees 18 years of age and older, supervised under both the direct and indirect supervision options, must be housed separately by sight and sound.

3) Witnesses

Persons being detained as witnesses, supervised under both the direct and indirect supervision options, shall be separated from detainees charged with an offense.

4) Non-criminal

A) Non-criminal detainees such as traffic violators, nonsupport cases, and persons charged with civil contempt who are supervised under the direct supervision option shall be kept separate by cell or detention room from detainees charged with criminal offenses.

B) When possible, non-criminal detainees such as traffic violators, non-support cases, and persons charged with civil contempt who are supervised under the indirect supervision option shall be kept separate by detention room cluster or cell block from detainees charged with criminal offenses.

C) When possible, misdemeanants and felons should be housed separately, except when the detainee's prior history warrants similar housing.

5) Charged Detainees and Convicted Offenders

A) Charged detainees who are supervised under the direct supervision option shall be separated from convicted offenders by cell or detention room.

B) Charged detainees who are supervised under the indirect supervision option shall be separated from convicted offenders by detention room cluster or cell block.

6) Mentally Ill, Developmentally Disabled, Dually Diagnosed or Emotionally Disturbed

A) Detainees who are mentally ill, developmentally disabled, dually diagnosed or emotionally disturbed shall be housed or tiered and maintained under supervision as recommended by a mental health professional.

B) Action shall be taken to transfer detainees who have been determined by mental health professionals to be severely mentally ill, developmentally disabled or emotionally disturbed to an appropriate facility.

c) Classification Review

Review of the detainee's security and assignment classification shall be conducted periodically, but at least every 60 days.

Ill. Admin. Code tit. 20, § 701.70

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

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