Ill. Admin. Code tit. 20 § 720.50

Current through Register Vol. 48, No. 49, December 6, 2024

Section 720.50 - Minimum Cell and Detention Room Standards - Existing Facilities

a) Male and female detainees shall be confined in completely segregated areas.

1) The confinement area for males and females shall be located so that physical, visual, and auditory contact by detainees of the opposite gender is prevented.

2) Juveniles shall be confined in areas that are completely separated from adults. Minors under 17 may be housed in detention rooms or cells while minors under 16 shall not be housed in cells.

b) The minimum size of each cell shall provide at least 50 square feet of floor space. Detention rooms shall provide at least 64 square feet of floor space.

c) All existing cells and detention rooms shall be designated single occupancy. Multiple occupancy shall not be used until all cells and detention rooms are in use. However, no more than two detainees may be housed in a single cell or detention room.

d) Each cell or detention room shall be equipped with:

1) A rigidly constructed metal or concrete bed, with a solid or perforated steel bottom, anchored to the floor or walls. A metal bench may be used if detention is eight hours or less.

2) A washbasin with piped hot and cold water if detention exceeds eight hours. If detention is eight hours or less, access to a washbasin with cold water must be provided in or contiguous to cells or detention rooms.

3) A toilet if detention is for more than eight hours. Access to toilet facilities must be provided in or contiguous to the cells or detention rooms if detention is for eight hours or less.

4) Security light fixtures providing an illumination level sufficient for distinct visual supervision from the cell door. Illumination may be provided by a light fixture in the inspection corridor, provided it is not accessible to detainees.

e) Cells shall not be constructed of wood or flammable material.

f) Cells or detention rooms located in a basement must be adjacent to the office of the jailer responsible for supervision and care of detainees.

1) A basement is defined as a story whose floorline is below grade at any entrance or exit and whose ceiling is not more than five feet above grade at any such entrance or exit.

2) The basement detention area must be provided with adequate light, heat, and forced-air ventilation.

g) All requirements of a physical nature shall be complied with by the municipalities.

1) However, if the Department of Corrections has previously given written approval for final architectural plans for new construction or remodeling and construction commences within one year after such approval, new standards of a physical nature will not be enforced.

2) Noncompliance pertaining to physical conditions that adversely affect the treatment of detainees with respect to their health and safety may be considered for further action under the provisions of Section 3-15-2 of the Unified Code of Corrections [730 ILCS 5/3-15 -2].

h) Variances connected with physical requirements established herein may be granted by the Director of the Department of Corrections for existing facilities for a specific period of time. Variance expiration dates will be determined at the time granted. Variance requests of an administrative nature will not be granted. In determining whether to grant a variance, the Department shall consider, among other factors, the nature of the standard, previous noncompliance, the cost, the population, the alternative means of complying with the intent of the standard, the length of time requested for the variance, the consequences if the variance is not granted, and the safety and security of the facility or individuals.

1) The variance request must be in writing and pertain to a specific standard. The request must describe the reasons for the variance; the period of time for the variance; any hardship the facility might experience by complying with the standard; plans to be implemented to eventually comply with the particular standard; and a statement that the variance would not adversely affect the health and safety of detainees or security of the jail.

2) The approval or denial of a variance request will be returned by letter to the requesting governmental agency.

3) The Director of the Department of Corrections, at his or her discretion, may grant a renewal of the variance provided documentation is received from the governing body which indicates a good faith effort on its part to effect necessary actions to comply with the standard in question.

Ill. Admin. Code tit. 20, § 720.50

Amended at 22 Ill. Reg. 19227, effective November 1, 1998