Ill. Admin. Code tit. 20 § 720.70

Current through Register Vol. 48, No. 45, November 8, 2024

Section 720.70 - Security

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.

Ill. Admin. Code tit. 20, § 720.70

Amended at 22 Ill. Reg. 19227, effective November 1, 1998