Ill. Admin. Code tit. 20 § 2602.70

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

Section 2602.70 - Housing

a) The facility shall have written policy related to the placement of youth in housing units. The policy shall consider factors including:

1) Age;

2) Gender;

3) History of violent behavior;

4) Level of emotional and cognitive development;

5) Physical size and ability;

6) Intellectual or developmental disability;

7) Mental health needs or history of trauma;

8) Suicide risk; and

9) Indications of vulnerability or need for separation from other youth.

b) Detention Rooms

In order to ensure reasonable security, sanitation and personal comfort, detention rooms shall be designated for single occupancy and provide at least 80 square feet of floor space.

1) Detention Room Equipment

Each room shall be equipped with the following:

A) A bed that shall be affixed to the floor of the room. Mattresses with fire retardant treated cotton filling with a flame retardant, waterproofed, and cotton cover are required;

B) A washbasin with piped hot and cold water. A supply of disposable drinking cups shall be provided if the washbasin is not drinking fountain equipped;

C) A toilet; and

D) A tamperproof light fixture to ensure a comfortable reading level.

2) Detention Room Level

Detention rooms shall be located above ground level.

c) Living Area

A living area containing no less than 30 square feet per youth must be provided in conjunction with each cluster of detention rooms.

1) Each living area shall be equipped with tables and chairs. Seating shall be provided for each youth.

2) Music and television equipment shall be provided.

3) A cold water drinking fountain shall be provided.

4) Shower areas shall be adjacent to sleeping areas. A minimum of one shower head for every six occupants shall be provided. Water for showers shall be thermostatically regulated to between 100 and 120 degrees Fahrenheit.

d) Dangerous Items

Items adaptable for use as a weapon (i.e., plumbing, conduit, heating equipment, etc.) shall not be accessible to youth.

e) Viewing Devices

There shall be no viewing devices (e.g., peep holes, one-way vision mirrors) that youth are not aware of.

f) Ventilation

The facility shall be comfortably heated and cooled according to the season.

g) Compliance

Those non-compliances relating to physical conditions that adversely affect the treatment of youth with respect to their health and safety may be considered for further action under Section 3-15-2(b) of the Unified Code of Corrections.

h) Variances

Variances connected with physical requirements may be granted by the Director of the Department for existing facilities. Variance expiration dates will be determined at the time granted. Variance requests of an administrative nature will not be granted. In determining whether to grant a variance, the Department will consider, among other factors, the nature of the standard, previous noncompliance, the cost, the population, the alternative means of complying with the intent of the standard, the consequences if the variance is not granted, and the safety and security of the facility or individuals.

1) The variance request must be in writing and pertain to a specific standard. The request must describe the reasons for the variance; the period of time for the variance; any hardship the facility might experience by complying with the standard; plans to be implemented to eventually comply with the particular standard; and a statement that the variance would not adversely affect the health and safety of youth or security of the facility.

2) The approval or denial of a variance request will be returned by letter to the requesting governmental agency.

3) The Director of the Department may grant a renewal of the variance provided documentation is received from the governing body that indicates a good faith effort on their part to effect necessary actions to comply with the standard in question.

4) A permanent variance, depending on the circumstances, may be granted.

Ill. Admin. Code tit. 20, § 2602.70

Added at 45 Ill. Reg. 9040, effective 6/29/2021.