Ill. Admin. Code tit. 20, § 504.40
Investigative Status and Temporary Confinement
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) The aggressiveness of the offender;
- b) The threat posed to the safety and security of the facility or any person;
- c) The need to restrict the offender's access to general population to protect the individual from injury or to conduct the investigation;
- d) The seriousness of the offense; or
- e) Contraindication for placement determined by a mental health professional.
The shift supervisor shall determine whether or not it is necessary to place the offender in investigative status or in temporary confinement status pending a disciplinary hearing or a determination whether to issue a disciplinary or investigative report in accordance with Section 504.30. If the offender has been diagnosed as seriously mentally ill, the shift supervisor shall ensure a mental health professional completes a documented review of the offender within 48 hours and provides his or her recommendation for temporary confinement to the Chief Administrative Officer. The Chief Administrative Officer shall also have the authority to release the offender from temporary confinement. The decision to place an offender in investigative status or temporary confinement may be based, among other matters, on:
(Source: Amended at 41 Ill. Reg. 3869, effective April 1, 2017)