Ill. Admin. Code tit. 20 § 525.20

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

Section 525.20 - Visiting Privileges

a) The Chief Administrative Officer of each correctional facility shall establish regular visiting hours.

1) All rules and regulations pertaining to visiting shall be posted and made available to visitors and offenders.

2) Visitors who travel great distances to visit an offender may request extended visits. These requests should be submitted sufficiently in advance to the Chief Administrative Officer for consideration.

3) Visitors shall be subject to search in accordance with 20 Ill. Adm. Code 501.220.

4) Visitors may be permitted to wear religious headgear if:

A) There are no safety or security concerns; and

B) The headgear has been removed and thoroughly searched; and

C) The visitor has indicated that the headgear has religious significance; and

D) Either:

i) The headgear is a kufi, yarmulke, turban, habit, or fez; or

ii) A written request to wear headgear other than those listed in subsection (a)(4)(D)(i) of this Section was submitted to the Chief Administrative Officer at least ten days prior to the visit and the Chief Administrative Officer approved the request. Failure to submit a timely request shall result in denial of the request.

5) All offenders' visits shall be subject to monitoring and recording at any time by departmental staff, unless prior special arrangements have been made for confidential attorney visits or other privileged visits. For purposes of this Section, a privileged visit means any conversation or communication between visitors that is protected by a privilege of law or by decision, rule, or order of the Illinois Supreme Court. Notices stating that visits are subject to monitoring and recording shall be posted in places in which offenders are normally permitted to visit and in the offenders' orientation manual.

6) Visits may be restricted to non-contact visits by the Chief Administrative Officer for reasons of safety, security, and order. This may include, but not be limited to, restricting visits to non-contact visits for offenders known or believed to be engaged in gang activity.

A) Offenders who are assigned to an adult closed maximum security or who are in disciplinary segregation or who are extremely high escape risks shall be restricted to non-contact visits.

B) Offenders found in possession of illegal drugs or who fail a drug test shall be restricted to non-contact visits for at least 6 months.

C) Offenders involved in gang activity or found guilty of assault against a Department employee in accordance with 20 Ill. Adm. Code 504 shall be restricted to non-contact visits for a period of at least 6 months.

b) At the time of admission to a reception and classification center, an offender shall submit a list of proposed visitors to designated facility staff. A visiting list shall be established after verification, review, and approval by the Chief Administrative Officer. Permission to visit may be denied due to the safety, security, or operations of the facility. Visitors must be approved in order to visit.

1) Department staff may interview or request background information from potential visitors to determine whether the individual would pose a threat to the safety or security of the facility or any person or to the order of the facility.

2) Visitors 17 years of age or older must be on the approved list in order to visit.

A) An individual 12 years through 16 years of age who is not a member of the offender's immediate family may only visit with the written consent of his or her parent or guardian. Immediate family shall include children, brothers, sisters, grandchildren, whether step, adopted, half, or whole, and spouses.

B) When visiting, anyone under the age of 17 years must be accompanied by an approved visitor who is 17 years of age or older, unless prior written approval has been granted by the Chief Administrative Officer.

C)) Visitors under 12 years of age may only be permitted to visit:

i) When accompanied by a parent or guardian who is an approved visitor;

ii) When prior written consent has been given by a parent or guardian who is in the free community for the child to visit when accompanied by an approved visitor designated in writing who is at least 17 years of age; or

iii) As otherwise approved by the Chief Administrative Officer.

3) In determining whether an exception shall be granted pursuant to subsections (b)(2)(B) and (C), the Chief Administrative Officer may consider, among other factors, the proposed visitor's age, emancipation, and relationship to the offender; whether a legal guardian has been appointed for the proposed visitor; the inability of an approved visitor to accompany the proposed visitor; and any applicable court order.

4) A proposed visitor who has been convicted of a criminal offense or who has criminal charges pending, including, but not limited to, an individual on bond, parole, mandatory supervised release, or probation or an ex-offender, may visit an offender only with the written approval of the Chief Administrative Officer. In determining whether to approve or deny a request, the Chief Administrative Officer may consider, among other matters, the following:

A) The nature, seriousness, and the date of commission of the offense.

B) The proposed visitor's criminal history.

C) The proposed visitor's relationship to the offender.

D) The date of discharge from parole, supervision, or probation or of completion of service of a term of incarceration.

5) The number of approved visitors may be limited by the Department due to operations and security reasons. Any limitations imposed shall be conveyed to offenders.

6) Offenders may request to change the names of requested visitors no more frequently than monthly except in emergencies or to add or change attorney names.

7) A visitor may be disapproved at any time by the Chief Administrative Officer in accordance with this Subpart.

Ill. Admin. Code tit. 20, § 525.20

Amended at 27 Ill. Reg. 8039, effective July 1, 2003