Current through Register Vol. 48, No. 38, September 20, 2024
a) Detainees shall
be given an immediate frisk search.
b) Strip searches shall be performed in
accordance with Section 103-1 of the Code of Criminal Procedure of 1963
[725 ILCS 5/103-1
].
1) No person arrested for a traffic,
regulatory,or misdemeanor offense, except in cases involving weapons or a
controlled substance, shall be strip searched unless there is reasonable belief
that the individual is concealing a weapon or controlled substance.
2) "Strip search" means having an arrested
person remove or arrange some or all of his or her clothing so as to permit a
visual inspection of the genitals, buttocks, anus, female breasts, or
undergarments of such person.
3)
All strip searches shall be performed by persons of the same sex as the
arrested person and on premises where the search cannot be observed by persons
not physically conducting the search.
4) Every peace officer or employee of a
police department conducting a strip search shall:
A) Obtain the written permission of the
police commander or an agent thereof designated for the purposes of authorizing
a strip search in accordance with this Section.
B) Prepare a report of the strip search. The
report shall include the written authorization required bysubsection (b)(4)(A)
of this Section, the name of the person subjected to the search, the names of
the persons conducting the search, and the time, date, and place of the search.
A copy of the report shall be provided to the person subject to the
search.
5) No search of
any body cavity other than the mouth shall be conducted without a duly executed
search warrant; any warrant authorizing a body cavity search shall specify that
the search must be performed under sanitary conditions and conducted either by
or under the supervision of a physician licensed to practice medicine in all of
its branches in this State.
6) Any
peace officer or employee who knowingly or intentionally fails to comply with
any provisions of this Section720.70(b)is guilty of official misconduct as
provided in Section 103-8[725 ILCS
5/103-8] ; provided, however, that nothing contained
in this Section shall preclude prosecution of a peace officer or employee under
another Section oftheCodeof Criminal Procedure.
c) Any officer who enters a cell or detention
area where a person is confined shall not be armed with a firearm, except in
emergency circumstances where the use of deadly force may be authorized by
Section 7-9 of the Criminal Code of 1961 [720 ILCS
5/7-9] or Section 3-6-4 of the Unified Code of
Corrections [730 ILCS 5/3-6 -4].
d)
Prior to any officer or other person responsible for detainee supervision
entering an occupied cell or detention room, another qualified police employee
shall be present.
e) Cells and
detention rooms shall be examined for the presence of unauthorized objects
before being reassigned to another detainee.
f) All fixtures, equipment, wiring, and
conduits shall be properly maintained.
g) Eating utensils shall be removed from
cells and detention rooms after each meal.
h) Any open or contact visits must be closely
supervised and the detainee shall be searched before and after the
visit.
i) Visitors are subject to
search and a search notice sign must be conspicuously posted.
j) A record of all keys inventoried and
issued shall be maintained.
