Ill. Admin. Code tit. 95 § 400.215

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

Section 400.215 - Place of Confinement; Reports and Receiving of Prisoners

a)If a person subject to the Code is confined before, during or after trial, confinement shall be in a county jail, an Illinois Department of Corrections (DOC) facility, or in a military confinement facility. (Code Section 11(a))

b)No person, sheriffor DOC personnel authorized to receive prisoners under subsection (a) may refuse to receive or keep any prisoner committed to the person's charge by a commissioned SMF officer who furnishes a statement, signed by that officer, of the offense charged or conviction obtained against the prisoner, unless otherwise authorized by law. (Code Section 11(b))

c)Every person authorized to receive prisoners pursuant to subsection (a) to whose charge a prisoner is committed shall, within 24 hours after that commitment, or as soon as the person is relieved from guard, report to the commanding officer of the prisoner the name of the prisoner, the offense charged against the prisoner, and the name of the person who ordered or authorized the commitment. (Code Section 11(c))

d) Transportation from Confinement to Proceedings Under the Code. When a person is subject to pretrial restraint under the Code and this Manual, the person's constitutional right to appear at proceedings must be protected. Towards that end, a person confined under this Manual must be transported to and from courts of inquiry, arraignment, pretrial hearings, motions arguments, court-martial, sentencing, and any other legal proceeding at which the person has a right to attend, unless circumstances are such that the SMF is manifestly unable to provide for that attendance, or unless the person flees from proceedings. Transportation shall occur in the following manner:

1) The peace officers, correctional officers, agents, employees or service members tasked with transportation of prisoners at the county jail, a DOC facility, or military confinement facility at which the person is confined shall transport the person subject to the Code to and from any legal proceeding the person has a right to attend, unless circumstances are reasonably such that the peace officers, correctional officers, agents, employees or service members are manifestly unable to transport the person;

2) If the peace officers, correctional officers, agents, employees or service members are manifestly unable to transport the confined person, military police shall transport the person to and from legal proceedings the person has a right to attend, unless circumstances are reasonably such that the military police officers are manifestly unable to transport the person; and

3) If the military police are manifestly unable to transport the person, the SMF may contract with a prisoner transportation service company to provide appropriate transportation services to and from any legal proceedings the person has a right to attend.

Ill. Admin. Code tit. 95, § 400.215

Adopted at 41 Ill. Reg. 11931, effective 9/14/2017.