Current through Register Vol. 48, No. 38, September 20, 2024
a)
Identification
1) Positive detainee
identification shall be made by the releasing officer before discharge,
transfer or release is effected.
2)
When a detainee is discharged or is released to the custody of another, a
record shall be made of the date, time and the authority.
b) Physical Inspection
Prior to final release or discharge, each detainee shall
receive a physical inspection by a person of the same gender, when possible,
and a record shall be made of any wounds or injuries.
c) Contraband
Detainees being discharged, released or transferred shall be
searched by a person of the same gender to prevent detainees from taking
property that does not belong to them or other items of contraband as defined
in Article 31Aof the Criminal Code of 2012 [720 ILCS 5 /Art. 31A].
d) Personal Property
All personal property and funds inventoried at the time of
admission or added during the period of confinement and not transferred to a
third party or expended during confinement, other than those legally
confiscated, shall be returned to the detainee upon release.
1) Items shall be carefully inventoried, or
otherwise accounted for, with the releasing officer and the detainee signing
the inventory form.
2) A record of
any maintenance medication, including the amount, released with an offender
shall be documented.
3) A copy of
the itemized and signed receipt shall be maintained by the jail as a permanent
record.
4) Personal property of the
detainee being transferred to another facility shall be inventoried and items
to be transferred with the detainee shall be documented and turned over to the
transporting officer in the presence of the detainee. Personal property allowed
by the receiving facility shall be transferred with the detainee. Items not
transferred shall be disposed of by the transferring facility in accordance
with its procedures, for example, having a relative pick up items, mailing
items to a person designated by the detainee, etc.
e) Discharge of Mentally Ill Detainees
1) When a mentally ill detainee is released,
he or she shall be given a listing of community mental health resource
addresses and telephone numbers and provided with the opportunity to receive a
copy of the jail's mental health, medical and medication records.
2) Linkage and after care may include a
referral to a mental health provider, a prescription for medications, or a two
week supply of prescribed medications.
f) Transfers to the Illinois Department of
Corrections
Pursuant to Sections 3-8-1 and 5-4-1 of the Unified Code of
Corrections [730 ILCS 5/3-8 -1 and 5-4-1], when a detainee is delivered to the
custody of the Department, the following information must be included with the
items delivered:
1) The sentence
imposed.
2) Any findings of great
bodily harm made by the court.
3)
Any statement by the court on the basis for imposing the sentence.
4) Any presentence reports.
5) Any sex offender evaluations.
6) Any substance abuse treatment eligibility
screening and assessment of the detainee by an agent designated by the State to
provide assessments for Illinois courts.
7) The number of days, if any, which the
detainee has been in custody and for which he or she is entitled to credit
against the sentence. Certification of jail credit time shall include any time
served in the custody of the Illinois Department of Human Services-Division of
Mental Health or Division of Developmental Disabilities, time served in another
state or federal jurisdiction and any time served while on probation or
periodic imprisonment.
8) State's
attorney's statement of facts, including the facts and circumstances of the
offenses for which the detainee was committed, any other factual information
accessible to the State's Attorney prior to the commitment to the Department
relative to the detainee's habits, associates, disposition and reputation or
other information that may aid the Department during the custody of the
detainee. If the statement is unavailable at the time of delivery, the
statement must be transmitted within 10 days after receipt by the clerk of the
court.
9) Any medical or mental
health records or summaries.
10)
Any victim impact statements.
11)
Name of municipalities where the arrest of the detaineeand the commission of
the offense occurred, if the municipality has a population of more than 25,000
persons.
12) All additional matters
that the court directs the clerk to transmit.
13) The mittimus or sentence (judgment) order
that provides the following information:
A)
The criminal case number, names and citations of the offenses, judge's name,
date of sentence and, where applicable, whether the sentences are to be served
concurrently or consecutively;
B)
The number of days spent in custody; and
C) If applicable, the calculation of
pre-trial program sentence credit awarded by the court to the detainee,
including, at a minimum, identification of the type of pre-trial program the
detainee participated in and the number of eligible days the court finds the
detainee spent in the pre-trial program multiplied by the calculation factor of
0.5 for the total court-awarded credit.
14) A record of the detainee's time and his
or her behavior and conduct while in the custody of the county. Any action on
the part of the detainee that might affect his or her security status with the
Department, including, but not limited to, an escape attempt, participation in
a riot, or a suicide attempt should be included in the record.
