Ill. Admin. Code tit. 20 § 504.50

Current through Register Vol. 48, No. 43, October 25, 2024

Section 504.50 - Review of Disciplinary Reports

a) The Chief Administrative Officer of each facility shall designate one or more Reviewing Officers.

b) The Reviewing Officer shall review the decision to place an offender in temporary confinement within three calendar days after the placement, whenever possible, and may order release from or placement in temporary confinement. Among other matters, the factors listed in Section 504.40 may be considered. If a disciplinary or investigative report has not been written within three calendar days after placement in temporary confinement, the Reviewing Officer shall inform the Chief Administrative Officer.

c) An offender who receives an investigative report shall be interviewed by the Reviewing Officer in order to permit the offender an opportunity to present his or her views regarding placement in investigative status. The interview shall be conducted within 10 calendar days after initial placement in investigative status, whenever possible.

1) The Reviewing Officer shall recommend whether to continue placement of the offender in investigative status. Among other matters, factors listed in Section 504.40 may be considered. The Chief Administrative Officer shall make the final determination.

2) The offender shall be informed of the decision and the decision shall be documented in writing.

3) The offender may be detained in investigative status for up to 30 days.

4) If the investigation does not indicate that the offender may be guilty of any disciplinary offense, placement in investigative status shall be terminated and the report shall be expunged from the offender's records. A copy shall be maintained in an expungement file. This decision shall be made by the Chief Administrative Officer and shall be documented in writing.

5) If, as a result of the investigation, it is necessary to amend or modify the original charges, the offender shall be issued a revised disciplinary report.

6) Upon completion of the investigation, the offender shall appear before the Adjustment Committee for a hearing on the disciplinary report unless the report has been expunged.

7) In the event that an investigation cannot be completed within 30 days due to an institutional emergency, the Chief Administrative Officer may personally authorize, in writing, an extension of up to 30 days placement pending investigation. As used in this Section, an institutional emergency includes riots, strikes, lockdowns and natural disasters.

8) The Director may personally authorize, in writing, additional extensions of up to 30 days each if an institutional emergency prevents completion of the investigation within 60 days. The offender shall be informed of the decision in writing.

d) The Reviewing Officer shall review each disciplinary report and determine whether:

1) The reported facts justify a disciplinary hearing. If not, the report shall be expunged from the offender's records. A copy shall be maintained in an expungement file.

2) The disciplinary report has been completed properly. If not, the Reviewing Officer shall make the necessary corrections or direct the reporting employee to make the corrections. The offender shall be provided with a copy of the corrected report. In the event the corrected report contains new charges, the offender shall be provided a copy of the corrected report at least 24 hours prior to the hearing, unless the offender waives this notice in writing.

3) The offense is major or minor in nature. Major offenses shall be assigned to the Adjustment Committee for a hearing and minor offenses shall be assigned to the Program Unit for a hearing.

A) Aiding and abetting, soliciting, attempting to commit, conspiring to commit, or committing any offense listed in the 100, 200, or 500 series of Table A shall be considered a major offense.

B) Those offenses listed in the 300 or 400 series or the aiding and abetting, soliciting, attempting to commit, or conspiring to commit any of these offenses shall be designated as major or minor based on the seriousness of the offense and factors enumerated in Section 504.20(b).

e) The Reviewing Officer shall forward copies of all major disciplinary reports to the Hearing Investigator.

Ill. Admin. Code tit. 20, § 504.50

Amended at 27 Ill. Reg. 6214, effective May 01, 2003

Amended at 41 Ill. Reg. 3869, effective 4/1/2017