Ill. Admin. Code tit. 20, § 504.115
Indeterminate and Long Term Segregation Placement
Effective Apr 1, 201741 Ill. Reg. 3869AUTHORITY: Implementing the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.) and implementing and authorized by Sections 3-2-2, 3-5-2, 3-6-3, 3-8-7, 3-8-8, 3-10-8, and 3-10-9 of the Unified Code of Corrections [730 ILCS 5/3-2-2, 3-5-2, 3-6-3, 3-8-7, 3-8-8, 3-10-8, and 3-10-9]. Sections 504.70 and 504.450 are implementing a Consent Decree (U.S. Department of Justice vs. the State of Illinois, #S-CIV-76-0158, S.D. Ill., 1978). Sections 504.80 and 504.460 are also implementing a Consent Order (Arsberry vs. Sielaff, #74 C 1918 and Longstreet vs. Sielaff, #74 C 1951, N.D. Ill., 1982).DEPARTMENT OF CORRECTIONS
- a) Within six months after placement in segregation, and no less frequently than once every 90 days thereafter, the Director or Deputy Director shall personally review the placement of offenders in indeterminate disciplinary segregation or the placement of offenders who have disciplinary segregation terms greater than one year. This review shall include a face-to-face interview with the offender by staff. The Director or Deputy Director may continue the offender's segregation placement or establish a specific segregation release date.
b) In determining whether to establish a specific segregation release date, the Director or Deputy Director may consider, among other matters:
- 1) The seriousness of the offense;
- 2) The safety and security of the facility or any person;
- 3) The offender's behavioral and disciplinary history;
- 4) The offender's age, medical and mental health;
- 5) Reports and recommendations concerning the offender;
- 6) The interview and any submissions of relevant material and information;
- 7) Institutional order; and
- 8) Other legitimate penological interests.
- c) A copy of the decision shall be provided to the offender and the facility record office.
- d) An offender in disciplinary segregation may seek a reduction in the segregation placement in accordance with Section 504.120.
(Source: Amended at 41 Ill. Reg. 3869, effective April 1, 2017)