DEFENDANT'S MOTION PURSUANT TO PAVEY V. CONLEY FOR JUDGMENT ON THE ISSUE OF EXHAUSTION

SHARON JOHNSON COLEMAN, District Judge.

NOW COME Defendants, Deputy D. Trunzo, A. Scafidi and D. Rodriguez, ("Defendants") by their attorney, KIMBERLY M. FOXX, State's Attorney of Cook County, and through one of her assistants, Cory J. Cassis, submits this Motion pursuant to Pavey v. Conley for Judgment on the issue of exhaustion of administrative remedies, or alternatively, for dismissal due to fraud committed upon the Court. In support of this Motion, Defendants state as follows:

INTRODUCTION

Plaintiff's lawsuit was filed pursuant to §1983 on January 31, 2018, alleging that that the Defendant officers failed to protect him, an inmate at the Cook County Jail ("CCJ"), from injury while he was cuffed to another inmate during an altercation that occurred on January 27, 2016 while aboard a transportation vehicle. (Dkt. 1). On January 29, 2019, Plaintiff filed his Second Amended Complaint, for the first time naming the officers who he alleges failed to protect him. (Dkt. 30). CCJ maintains a formal inmate grievance procedure which is available to detainees to seek review of a problem. (See Affidavit of John Mueller, attached hereto as Exhibit A, at ¶ 4). The rules and regulations, including inmate grievance procedure, is outlined in the Inmate Information Handbook, which Plaintiff received upon his booking into CCJ. (See Inmate Information Handbook, Exhibit B pgs. 22-25; see also Plaintiff's signature page indicating he received a copy of the "rules and regulations." Exhibit C).

Under the Prison Litigation Reform Act1 (42 U.S.C. § 1997(e)) ("PLRA"), a plaintiff must exhaust his or her administrative remedies prior to filing a Section 1983 lawsuit. 42 U.S.C. § 1997(e). Further, pursuant to the CCJ inmate grievance procedure, in order to exhaust administrative remedies, a detainee must file a grievance within fifteen days of the issue complained of, and, if he is dissatisfied with CCJ's response, appeal that response within fourteen days of its receipt. (Exhibit A ¶ 8; Exhibit B at pg. 24-25). This requirement is part of the CCJ grievance procedure and is expressly stated on the grievance forms themselves. (Exhibit A ¶ 8; also see Plaintiff's February 16, 2016 Grievance, Exhibit D).

In order to properly exhaust his administrative remedies, Plaintiff was required to timely file a grievance indicating the constitutional violation he is complaining of within 15 days of the occurrence, or by February 11, 2016, and then timely appeal the CCJ's response to the same. (Exhibit A ¶ 8; Exhibit D). Although Plaintiff did file one grievance regarding the event that occurred on January 26, 2016, his claims of exhaustion are deficient for the following reasons:

First, Plaintiff's grievance was not timely filed, as he did not file the grievance until February 16, 2016, 19 days after the occurrence. (Exhibit D). Second, although the purpose and content of Plaintiff's grievance was to request medical attention for alleged injuries, Plaintiff's Second Amended Complaint does not allege a denial of, or indifference to, the desire for medical attention, but rather, it complains of a failure to protect — something he declined to grieve about.

Further, on April 11, 2019, Defendants filed their Motion to Dismiss pursuant to 12(b)6. (Dkt.42). In his hand written and signed Response brief, Plaintiff stated the reason why his complaint should not barred by the Statute of limitations is "[b]ecause Plaintiff did not exhaust administrative remedies until a year after the incident which is the subject of his Complaint." (Dkt. 43, ¶6). However, it is abundantly clear that Plaintiff only filed one grievance during his time at the Cook County Jail, on February 16, 2016, which was characterized as a "non-grievance" since it was not filed timely, and accordingly was not appealed. (Exhibit A ¶¶ 15-18; Exhibit D; see also the attached spreadsheet of Plaintiff's grievances, Exhibit E, and spreadsheet of Plaintiff's non-grievances, Exhibit F). Because the grievance untimely, it was therefore considered a non-grievance and could not be appealed. Therefore, it must follow that Plaintiff has committed fraud upon the Court when he argued that it took him a year to exhaust administrative remedies, thereby allowing him to toll the statute of limitations, when he in fact that was absolutely not true.

Accordingly, this Honorable Court should find that Plaintiff failed to exhaust his administrative remedies and enter judgment on the issue of exhaustion of administrative remedies, pursuant to the Seventh Circuit's decision in Pavey v. Conley, 544 F.3d 739 (7th Cir. 2008), or in the alternative, dismiss this lawsuit due to Plaintiff's fraud upon the Court, which is intertwined with his failure to exhaust, and further confirms this matter is time-barred.

STANDARD OF REVIEW

The purpose of the PLRA is "[to] afford corrections officials time and opportunity to address complaints internally before allowing the initiation of a federal case." Porter v. Nussle, 534 U.S. 516, 525 (2002). The PLRA provides that "[n]o action shall be brought with respect to prison conditions under section 1983 . . . until such administrative remedies as are available are exhausted." 42 U.S.C. § 1997e(a). The PLRA requires proper exhaustion; that is, before filing a civil rights lawsuit, the inmate must file a grievance utilizing the applicable procedural rules. Woodford v. Ngo, 548 U.S. 81, 90, 93 (2006). The applicable procedural rules are defined not by the PLRA, but by the prison grievance process itself. Jones v. Bock, 549 U.S. 199, 218 (2007).

The Seventh Circuit has taken a "strict compliance" approach to exhaustion. See Dole v. Chandler, 438 F.3d 804, 808 (7th Cir. 2006) ("A prisoner must properly use the prison's grievance process. If he or she fails to do so, the prison administrative authority can refuse to hear the case, and the prisoner's claim can be indefinitely unexhausted."); see also Lewis v. Washington, 300 F.3d 829, 833 (7th Cir. 2002) ("To exhaust remedies, a prisoner must file complaints and appeals in the place, and at the time, the prison's administrative rules require."). An inmate's ignorance of the proper grievance procedure does not excuse non-compliance with that procedure. McSwain v. Schrubbe, 382 Fed. Appx. 500, 503 (7th Cir. 2010); see also Twitty v. McCoskey, 226 Fed. Appx. 594, 596 (7th Cir. 2007) ("when a prisoner causes the unavailability of the grievance process by simply not filing in a timely manner, the process is not unavailable, but forfeited.")

For this reason, a determination of whether a prisoner has exhausted all administrative remedies should be decided at the outset of the litigation. See Pavey v. Conley, 544 F.3d 739, 740 (7th Cir. 2008); see also Perez v. Wisconsin Dep't of Corrections, 182 F.3d 532, 535 (7th Cir. 1999) ("a suit filed by a prisoner before administrative remedies have been exhausted must be dismissed; the district court lacks discretion to resolve the claim on the merits, even if the prisoner exhausts intra-prison remedies before judgment").

In Pavey, the Seventh Circuit set forth the following guidelines for such an inquiry:

ARGUMENT

I. Plaintiff's Grievance

In his Second Amended Complaint, filed on January 29, 2019, Plaintiff alleges that correctional officers at Cook County Jail failed to protect him from being attacked by other inmates. (Dkt 30). Specifically, Plaintiff alleges that he told Defendant Rodriguez he was concerned he may be injured if he was handcuffed to a "gang-member that was marked for another assault," yet Rodriguez still ordered him to do so with threats of violence. (Dkt. 30, ¶¶ 11-13). Plaintiff also alleges that he spoke to Defendants Trunzo and Scafidi about the situation and his concerns, yet Trunzo and Scafidi yelled at him to board the bus and shoved him on. (Id. ¶16-17). As a result of Defendants' alleged "deliberate indifference to a substantial risk to the Plaintiff's safety," Plaintiff asserts, his rights were violated by Defendants, he was injured by other inmates, and was taken for medical treatment where he was prescribed "prescription pain medication." (Id. ¶ 19-23).

A. The Grievance was Untimely

Upon receipt of an inmate grievance form, the CRW, Inmate Services Supervisor, or Correctional Supervisor signs and dates the form and immediately provides the inmate with a copy of the submitted grievance. (Exhibit A ¶ 10). The grievances are logged in the Inmate Grievances database. (Exhibit A ¶ 11, Exhibit E-F). Plaintiff filed his grievance on February 16, 2016, and although he wrote February 11, 2016 on the grievance, the signature date and stamp show otherwise. (Exhibit D). Because the grievance was not timely filed, it was categorized as a "non-grievance," which per the grievance form, instructs Plaintiff to wait 15 days and receive a control number by re-submitting the issue, provided he is not satisfied with the response he received. (Exhibit A ¶ 17; Exhibit D, F). Plaintiff's failure to file his grievance timely means that he did not appeal the response, which instructed him to fill out a health care request form to request medical treatment. (Exhibit. D). Because Plaintiff failed to timely file his grievance and did not appeal, he has not exhausted his administrative remedies as required, pursuant to Pavey. Therefore, Judgment on the issue of exhaustion must be entered for the Defendants.

B. The Sole Grievance Does Not Relate to the Complaint

Plaintiff's Complaint is solely premised upon an alleged failure to protect by the Defendants. (Dkt. 30). While the one and only grievance filed by Plaintiff tells the story of how he was injured, pointing out that officers "never attempted to stop and break up the attack," the purpose of the grievance is to complain about his medical condition and request further treatment. (Exhibit D). In the grievance itself, Plaintiff states that after he was treated at the hospital for a "sore shoulder, sore elbow, and a sprained wrist," he was given a prescription for 1000mg of Tylenol for his pain, but was not given any pain medication when he came back to the jail, had to wait two days before he was given more medication, and was not permitted to go to Cermak. (Id.). In the section of the grievance which asks: "ACTION THAT YOU ARE REQUESTING, THIS SECTION MUST BE COMPLETED," Plaintiff wrote "I am requesting to have my wrist further examined and wrapped appropriately and I would like some stronger pain medications because my wrist still hurts like hell." (Id).

The grievance form states in no unclear language "Only one (1) issue can be grieved per form." (Id.). While Plaintiff's grievance may include facts indicating how he was injured, the grievance itself is not one directed toward the alleged failure to protect, rather, it is unquestionably a medical grievance which exclusively requests medical attention for his wrist and stronger medication. When Plaintiff filed his Second Amended Complaint, nowhere does he allege that he was denied medical treatment or that the Defendants were otherwise indifferent to his medical needs. (Dkt. 30). Instead, Plaintiff alleges the Defendants failed to protect him, and asks for damages as a result of their failure to protect. (Id). Not only was Plaintiff's grievance untimely and lacking an appeal, but it further addressed an entirely different topic than that which he complains of in his legal suit.

Even if this Honorable Court were to find that Plaintiff was somehow prevented from timely filing his grievance, it does not follow that Plaintiff was denied the opportunity to ever do so. Rather, Plaintiff did ultimately file a grievance stemming from his occurrence, and it specifically requested medical relief. (Exhibit D). At no point did he file any other grievances, timely or otherwise, complaining of or requesting relief based upon his failure to protect allegations. (Exhibit A ¶¶ 16-18; Exhibit E-F).

Although Plaintiff seeks money damages in this lawsuit, "exhaustion is necessary even if the inmate is requesting relief that the relevant administrative review board has no power to grant, such as monetary damages, or if the prisoner believes that exhaustion is futile." Dole, 438 F. 3d at 808-809. Because Plaintiff is and was a prisoner at the time of filing, Plaintiff was required to exhaust his administrative remedies under the CCJ inmate grievance procedure before filing this lawsuit. See Pavey, 544 F. 3d at 740-741; see also Witzke, 376 F. 3d at 750. Ultimately, because Plaintiff did not exhaust his administrative remedies, this lawsuit should be dismissed pursuant to Pavey v. Conley, 544 F. 3d at 742 (7th Cir. 2008).

Because Plaintiff's Grievance was not timely filed, was not appealed, and is directed toward medical complaints rather than the failure to protect claim which is alleged in his Complaint, this Honorable Court should find that Jones failed to exhaust his administrative remedies and grant Judgment in favor of Defendants on the issue of exhaustion pursuant to the Seventh Circuit's decision in Pavey v. Conley, 544 F.3d 739 (7th Cir. 2008).

II. Fraud on the Court

On April 11, 2019, Defendants file their Motion to dismiss Plaintiff's Second Amended Complaint, premised upon a statute of limitations argument. (Dkt. 43). Defendants argued, in brief, that the occurrence which gave rise to this litigation occurred on January 27, 2016, and although Plaintiff initially mailed his first Complaint on January 26, 2018, he failed to identify the officers of whom he complained, instead simply naming John Doe and Jane Doe Defendants. (Dkt. 1). When Plaintiff filed his Second Amended complaint on January 29, 2019 (mailed on January 11, 2019) he for the first time disclosed the identity of the Defendant Officers, Trunzo, Scafidi, and Rodriguez. (Dkt. 30). Defendants asserted in their motion that Plaintiff's claim was time-barred because Plaintiff had not named the officers until more than three years after the occurrence, well beyond that permitted by Illinois' two-year statute of limitations. (Dkt. 43, 50). In his response, Plaintiff successfully argued that it took him a year to exhaust administrative remedies, and therefore, the two year statute of limitations must be tolled accordingly. Specifically Plaintiff stated:

These responses incorrectly assert two arguments which helped him circumvent the two-year statute of limitations: 1.) that Plaintiff did in fact exhaust administrative remedies, and 2. that it took him a year to do so.

However, an inspection of Plaintiff's records from the CCJ shows that Plaintiff only filed one grievance: that from the January 26, 2016 occurrence. (Exhibit A ¶15-18, Exhibit D-F). As discussed above, the grievance is identified as a non-grievance because it was filed more than 15 days after the occurrence and therefore untimely. (Exhibit A ¶17, Exhibit D). Plaintiff's failure to timely file a grievance meant that the response was never appealed, confirming that Plaintiff unequivocally failed to exhaust his administrative remedies. Yet, when responding to Defendant's Motion to Dismiss, Plaintiff intentionally misstated the facts in his brief, which he signed and filed with the Court, arguing that took him a year to exhaust administrative remedies. (Dkt. 48 pg. 2).

Because Plaintiff never filed an appeal, never exhausted administrative remedies, and intentionally misled the Court by stating that the statute of limitations should be tolled because it took him year to exhaust administrative remedies when all evidence clearly leads to no such conclusion, are altogether improper, and must result in Judgment for the Defendants.

CONCLUSION

WHEREFORE, Defendants request that this Honorable Court grant Defendants' motion for failure to exhaust administrative remedies pursuant to Pavey v. Conley, 544 F.3d 739 (7th Cir. 2008), or alternatively, dismiss Plaintiff's Second Amended Complaint with prejudice for intentionally misleading the Court on the issue of exhaustion while responding to the Motion to Dismiss, for any other relief that this Honorable Court deems necessary and just.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

AFFIDAVIT OF JOHN MUELLER

I, John Mueller, Director of Inmate Services with the Cook County Sheriffs Office, under penalty as provided by law pursuant to 28 U.S.C. § 1746, state that if called to testify, I would state the following:

1. I am currently employed as Director of Inmate Services with the Cook County Sheriffs Office. I have been employed by the Cook County Sheriff's Office since 1994 and have been in a supervisory role within the Inmate Services Department since January 2003.

2. Part of my duties as Director of Inmate Services is to manage the Cook County Department of Corrections ("CCDOC") inmate grievance process. In my current position and prior positions with the CCDOC, I am familiar with the sheriffs order, rules, regulations, policies, customs and practices of the inmate grievance process.

3. Inmate Services is the Department responsible for processing, tracking, organizing and the record retention of inmate grievance documents submitted by inmates who are incarcerated at the Cook County Department of Corrections.

4. An Inmate Grievance is a formalized written complaint that inmates may use to seek review of a problem related to conditions of confinement.

5. Pursuant to the CCDOC Inmate Grievance Procedure, inmates are advised to complete an Inmate Grievance Form if the inmate believes that he or she has been injured, harassed, abused, or threatened.

6. The inmate grievance forms are available on each living unit or by through the Correctional Rehabilitation Workers ("CRWs") assigned to the tiers/units

7. An inmate may request a grievance form from any sworn member or any Inmate Services staff member. If a form is not available, an inmate may use blank paper or any other type of paper to file a grievance

8. The CCDOC Inmate Grievance Procedure require inmates fill out and submit an Inmate Grievance Form within fifteen (15) days of the alleged grievable offense, and to appeal the grievance response to exhaust administrative remedies within 15 days from receipt of the grievance response. Filing an appeal of a grievance response is required in order to exhaust an inmate's administrative remedies.

9. The inmate is instructed to hand the completed grievance form directly to the CRW or a Correctional Supervisor when he/she makes their daily rounds.

10. Upon receipt of an inmate grievance form, the CRW, Inmate Services Supervisor or Correctional Supervisor signs and dates the form and immediately provides the inmate with a copy of the submitted grievance. It is the responsibility of the inmate to retain a copy of any submitted grievance for his/her record(s).

11. A CRW shall collect and log inmate grievances in the Inmate Grievance database on a daily basis, with the exception of days off.

12. Different parties respond to grievances, depending on the subject matter of the grievance. The CCDOC or other responding party (for example, Cermak, or the food service provider) has 15 business days upon receipt to provide a response/remedy if no exceptions apply.

13. The Inmate Services Department retains copies of the completed and processed grievance forms, including responses, in a database.

14. Each grievance has an individual and unique grievance tracking number automatically issued/generated by the Inmate Grievance database.

15. On or about November 8, 2019, Inmate Services was asked to perform a search of all grievance records pertaining to inmate Brian Jones (Inmate #: 0405512 Booking #20140126082), who was incarcerated at the CCDOC from January 26, 2014 to March 24, 2016.

16. Inmate Services searched the CCDOC Inmate Grievance database and records for all grievances forms filed/submitted by Brian Jones #20140126082.

17. One grievance form was located. Brian Jones #20140126082 submitted the grievance form on February 16, 2018. The CRW processed the grievance form as a non-grievance (request) because of the untimely submission.

18. Inmate Services has located no additional grievance forms filed/submitted by Brian Jones #20140126082 related to the inmates's custody at the CCDOC between January 26, 2014 and March 24, 2016.

Pursuant to 28 U.S.C. § 1746, I verify under penalty of perjury that the foregoing is true and correct, to the best of my diligent inquiry, knowledge and belief. Some of the statements provided herein are not based on my personal knowledge, sole recollection, or memory, but rather were gathered by reviewing the records and documents in the possession of the Cook County Sheriff's Office and by consulting persons employed in the Cook County Sheriff's Office and Cook County State's Attorney's Office.

COOK COUNTY DEPARTMENT OF CORRECTIONS

INMATE INFORMATION HANDBOOK

TABLE OF CONTENTS

INTRODUCTION

Introduction to Handbook, 1

CHAPTER 1 — FACILITY INTAKE PROCESS

Intake Process, 2 Medical and Mental Health Screening Classification and Housing Assignment

CHAPTER 2 — SEXUAL ASSAULT, HARASSMENT AND INTIMIDATION

Sexual Abuse, Assault, Harassment, Intimidation, and Retaliation, 2-3

Protect Yourself from Sexual Harassment, Intimidation and Sexual Assault, 3

Making Harassment or Abuse Complaints, 3

What to Do If I Am Sexually Abused, Assaulted or Harassed?, 3-4

What Happens After I Report the Sexual Assault?, 4

Confidentiality of Inmates Reporting Sexual Assault, 4

CHAPTER 3 — INMATE RIGHTS

Your Basic Rights While in the Custody of the CCDOC, 4-5

Feeling Unsafe, 5

Cell Facilities, 5

Bedding, Uniforms, and Toiletries, 6

Laundry, 6

Food and Diet, 6

Recreation, 6

Showers, 7

Haircuts, 7

Commissary, 7

How to Get Money While in Jail/Trust Account, 7-8

Program and Services, 8-10 Religious Services Social Services Law Library Substance Abuse Treatment Educational Program Veteran's Assistance Inmate Work Programs

Interpretation Services, 10

Disability Assistance, 10

CHAPTER 4 — HEALTH SERVICES

Medical, Vision, Dental and Mental Health Care Intake, 10 Routine Health Services & Health Service Requests, 10-11

Emergency/Urgent Hospital Care, 11

Medication, 11

Medical Appointments, 12

Refusal Medical Treatment, 12

Suicide Prevention/Mental Health, 12-13

Confidentiality of Medical Information, 13

Complaints about Your Medical, Mental Health or Dental Care, 13

CHAPTER 5 — INMATE RESPONSIBILITIES

Rules of Conduct, 13-15

Cleaning your Cell and Living Area, 15

Prevent the Spread of Germs, 15-16

Items Allowed in Cells, 16

Contraband, 16

Fire Safety, 17

Cooperation with Security Procedures, 17 Inmate Counts Cell/Room Searches Strip Searches Pat/Frisk Searches

Improper Relationships, 18

Gang Activity, 18

CHAPTER 6 — INMATE DISCIPLINE

Inmate Discipline, 18

What Happens If I Break the Rules?, 18-19 Sanctions Pre-Hearing Segregation Disciplinary Segregation Restitution

Inmate Disciplinary Process, 19

Inmate Disciplinary Appeal, 19

Help with Disciplinary Process/Hearing, 20

CHAPTER 7 — THE INMATE REQUEST and GRIEVANCE PROCEDURES

Inmate Request, 20

Inmate Grievance, 20-22

Grievance Process Appropriate Use of the Grievance System

CHAPTER 8 — OUTSIDE COMMUNICATION

Telephone, 22-23

Intake Telephone Calls General Access to Telephone Calls Telecommunication Devices for the deaf or hard of hearing Prohibited Telephone Use

Mail, 23-24 Incoming Mail Outgoing Mail

Visitation, 24-26 Visitation Rules Long Distance Visitors Professional Visitors

CHAPTER 9 — PROPERTY

Personal Property, 26 Clothing Releasing Personal Property

CHAPTER 10 — BONDING PROCEDURES

Bonding Procedures, 26

CHAPTER 11 — ALTERNATIVE PROGRAMS

Alternatives to Incarceration, 27 Day Reporting Electronic Monitoring (EM) Pre-Release Center Sheriff's Work Alternative Program

Programs for Females, 27-28

INTRODUCTION

This Handbook helps you understand the rules and regulations of the Cook County Department of Corrections (CCDOC). While in custody, you must follow all CCDOC rules, act in an orderly manner, respect others, and obey CCDOC staff. This will make your time at the CCDOC safer and easier. Failure to follow the rules, regulations, and procedures will result in disciplinary action against you and possibly lengthen your incarceration.

Most problems or concerns you have can be addressed by correctional officers and correctional supervisors. In addition, there are Correctional Rehabilitation Workers (also known as CRW's or Social Workers) who are available to talk to you or help you.

Look at the Table of Contents to learn what subjects are described in the Handbook. It is your responsibility to learn its contents. The Handbook is available in English and Spanish. Inmates with disabilities, limited English understanding, or inmates who cannot read will be provided assistance. Ask an Officer, CRW, or any other member of the CCDOC Staff if you need help understanding this Handbook and the rules of the CCDOC. Also, if you know of someone who has trouble understanding this handbook, let staff know.

Inmates Under 17 years old: If you are under the age of 17, or if you know of someone in the custody of the CCDOC who is under the age of 17, immediately notify a CCDOC staff member.

CHAPTER 1

FACILITY INTAKE PROCESS

Medical and Mental Health Screening

By the time you receive this handbook you will have gone through the intake process and received medical and mental health screens. These screens help identify medical or mental health problems you may have. If you believe the screens missed something, immediately tell correctional staff, CRW's, or medical staff. Be sure to tell them about any medical/psychological problems, drug addictions, and/or prescription drugs that you have taken. If you do not feel comfortable telling staff, you can also submit a Health Care Request form (see below for the Health Care Request process).

Classification and Housing Assignment

By the end of the intake process, CCDOC Classification personnel will determine your housing location and security classification level. You will either be a minimum, medium, or maximum security inmate. Maximum security is for inmates who present the greatest risk of harm to security in the CCDOC and the safety of others. The higher the classification, the more restrictions placed on inmates. If you believe that you have been classified incorrectly, notify correctional staff or a CRW immediately or file an inmate written request or grievance.

CHAPTER 2

SEXUAL ASSAULT, HARASSMENT and INTIMIDATION

Sexual Abuse, Sexual Assault, Sexual Harassment, Sexual Intimidation and Retaliation

The CCDOC has a zero tolerance policy for sexual abuse, sexual assault, sexual harassment, sexual intimidation of inmates, or retaliation for those who report this conduct. Simply put, this behavior will not be tolerated.

The following acts by CCDOC staff, vendors, contract employees, and/or inmates, even where no objections are raised, are ALWAYS PROHIBITED and should be reported immediately.

1. Making sexual advances or sexual comments to another inmate;

2. Engaging in any sexual act;

3. Attempting to touch someone's genitalia, anus, groin, breast, inner thigh, or buttocks with the intent to abuse, humiliate, harass, degrade, arouse, or gratify;

4. Failing to respect the limited privacy rights of an inmate in-order to sexually harass or sexually intimidate the inmate, e.g., gawking at someone in the shower or when undressing;

5. Influencing or threatening an inmate's safety, custody, privacy, housing, privileges, work detail, or program status in exchange for sexual favors;

6. Retaliating in any way against an inmate who reports or causes to be reported any of the acts listed above.

Inmates are strongly encouraged to report any of these acts or other acts of sexual abuse, sexual assault, sexual harassment, or even consensual sexual acts involving themselves or other inmates. By speaking up you are protecting yourself, other inmates, and you are making your stay at the CCDOC safer.

Protect Yourself from Sexual Harassment, Intimidation and Sexual Assault

Making Harassment or Abuse Complaints

If you believe you have been physically or sexually harassed, abused, or threatened, tell correctional staff, a CRW, or medical staff immediately, complete an Inmate Grievance Form (see Chapter 7 of this Handbook), and/or take these actions:

What to do if you are sexually abused, assaulted, or harassed

1. Immediately report any sexual misconduct, sexual intimidation, or fear of a sexual assault to a CCDOC staff member, who will offer you immediate protection from the assailant and if necessary refer you for a medical examination and clinical assessment.

2. If you are not comfortable telling a sworn CCDOC staff member, call CIID at ext. 111, file an emergency grievance, or file a medical grievance.

3. If you have been the victim of a sexual assault or rape, do not shower, brush your teeth, use the toilet, drink, eat, or change your clothes. You might be getting rid of evidence by mistake. Individuals who sexually abuse or sexually assault inmates can be prosecuted and disciplined.

What happens after I report a sexual assault?

1. The CCDOC will take immediate steps to protect you now and in the future during your incarceration. An investigation will be started.

2. Medical staff will examine you for injuries, which may or may not be readily apparent to you. Medical staff may also check you for sexually transmitted diseases.

3. You will be offered counseling services. Crisis counseling, coping skills, suicide prevention and mental health counseling are all available to you.

4. You will be given appropriate medication to prevent sexually transmitted diseases and, if appropriate, pregnancy and follow-up for sexually transmitted diseases.\

5. You will be housed so that you are protected from further harm or from retaliation.

Confidentiality of Inmates Reporting Sexual Assault

All information that an inmate reports regarding a sexual assault or other sexual misconduct will be kept strictly confidential. The information will be used to make decisions for protecting you or other inmates and for investigative purposes. Confidential information includes the name(s) of the reporting inmate, the name(s) of the victim(s) (if different than the reporting inmate), the name(s) of the perpetrator(s), and all other relevant facts. At the conclusion of the investigation, you will be advised of the outcome

CHAPTER 3

INMATE RIGHTS

Your basic rights while in the Custody of the CCDOC

1. You will be treated fairly and with respect.

2. You are free to practice any religion that you choose.

3. You have a right to be free from sexual abuse, sexual harassment, or sexual intimidation by other inmates and/or CCDOC staff.

4. You have the right to lead a healthy lifestyle at the CCDOC, which means that while you are here you will get meals that are of sufficient nutritional value, the chance to shower regularly, time for exercise, personal hygiene items, medical, vision, dental, and mental health care.

5. You have the right to a clean uniform, soap, toothpaste, toothbrush and clean linens.

6. You will be allowed to exchange your uniform for a clean one twice a week and linens once a week.

7. You have the right to clean and sanitary living conditions.

8. You have the right to speak to your attorney by telephone or in person, and you have the right to send letters and receive letters from your attorney. Conversations with your attorney, letters to and from your attorney are all private and privileged communication between you and your attorney.

9. You have the right to use or obtain materials from the law library at the CCDOC to help you participate in your own defense.

10. If you are a pre-trial inmate, you have the right to register to vote and to cast an absentee ballot

If You Feel Unsafe In Your Housing Unit

If you do not feel safe in your housing unit, you can do any of the following:

Instructions on filing an emergency grievance can be found in Chapter 7 of this Handbook.

You will be placed into an Administrative/Alternative Housing unit while the necessary investigation of potential risk or harm is completed. When it has been determined that you are at risk of being physically harmed if placed in General Population (GP), you will be transferred to a Protective Custody Housing Unit.

Cell Facilities

You are entitled to being housed in a cell that has a functioning toilet, a sink that has running hot and cold water, reasonably comfortable air temperatures, and a functioning overhead light. If any of these are not available, notify correctional staff and, if necessary, fill out an Inmate Request Form or an Inmate Grievance.

Bedding, Uniforms, and Toiletries

All inmates are issued uniforms, clean bedding items (linens), a towel, soap, a toothbrush, and toothpaste. Correctional staff may be able to replace or provide some of these items upon request. If they cannot, fill out an Inmate Request Form. You can also purchase other toiletries or clothing items from the commissary. For more information on the commissary refer to page 9 of this Handbook. In addition:

You are accountable for all items that the CCDOC issues to you. If you intentionally destroy, misuse, or lose these items, you will receive an inmate Disciplinary Report and possibly have to pay for the property you damaged (restitution).

Laundry

The CCDOC provides you clean uniforms twice (2) per week, fresh linens once (1) a week, and a clean blanket once (1) a month. In addition, laundry service for clothing purchased on commissary is regularly provided. Ropes or hand-made clothes lines are not permitted to be used in cells or dayrooms for drying clothes and/or linens (e.g., shirts, pants, uniforms, underclothes, sheets, towels, etc.). Washing and drying clothes in housing areas is not permitted. Failure to follow laundry procedures is a violation of CCDOC rules and regulations and will result in a disciplinary report and possible disciplinary sanctions. For information regarding laundry pick-up and distribution, please check the laundry schedule that is posted in your living unit.

Food and Diet

Meals at the CCDOC are designed by a dietician to ensure that the required daily nutritional values are met. Everyone is served the same food items during meal times, with the exception of religious and medical diets, which should be requested through the inmate request process. These meals are provided only upon written approval from authorized medical staff or clergy. Religious and medical diets may be requested through medical staff or by filling out an Inmate Request Form and giving it to a CRW.

Recreation

You will be allowed regular opportunities to participate in recreational activities unless the CCDOC administration determines that your participation in such activity is harmful or dangerous to the security of the institution or your health. Recreation schedules are posted in the living units.

Showers

You will be allowed to shower on your living unit no less than three (3) times a week. For your health and cleanliness, you are encouraged to shower every opportunity you can.

Haircuts

You may occasionally get your hair cut at no cost to you while housed at the CCDOC. There is a barber/beauty shop in every division. To request a visit to the barber/beauty shop, fill out an Inmate Request Form. Inmate Request Forms are located on each tier/living unit or by the CRW who works with your housing unit.

Commissary

The Commissary is a product order service where you can purchase approved items such as food, additional clothing, and toiletries that are not issued by the CCDOC. You pay for these items out of your Inmate Trust Account (see below). You can only spend a maximum of $100 per week on commissary items.

To order items from the commissary, request a commissary sheet from your living unit correctional officer and fill it out. Correctional staff will collect these forms and you will generally receive your items within a week. In some divisions, an automated kiosk can be used to order commissary.

Unclaimed commissary items will be returned and refunds will be posted to your trust fund account if you are discharged prior to receiving the items ordered.

How To Get Money in Jail/Inmate Trust Account:

People may send you money while you are incarcerated by using money orders, cashier's checks, certified checks, or electronic transfer. Personal checks are not accepted. The most money that anyone can send you at one time is $100 USC.

Electronic Transfer: To have funds quickly deposited into your Inmate Trust Account by electronic transfer, the check shall be made payable to your name, include your jail ID number, and include the appropriate code number listed below. If you are being sent money through Money Gram, they must enter CODE number #1750/Cook County Jail. If they are using Western Union, they must use CODE cite: CCDOC/State Il. Wire transfers will post to the inmate trust account within 1-2 business days.

Money Orders and Checks: All money transfers by Money Orders and cashier's/certified checks must contain your name and inmate ID number and be mailed to:

Most money orders or cashier's/certified checks take up to 5 business days to be processed and posted to your inmate account.

Any money remaining in your Inmate Trust Account will be given to you upon your release or discharge from CCDOC. You must stop by the Inmate Trust office upon release and complete the appropriate paperwork before any funds are issued to you. If you forget to stop by Inmate Trust, money remaining on your Inmate Trust Account will be mailed to the address on file, 30 days after your release from CCDOC. CCDOC is not responsible for checks that been cashed as a result of being sent to the wrong address (the address on file). Checks returned to CCDOC as a result of being undelivered, due to a wrong address (the address on file) will be deposited into Inmate Welfare in accordance to CCDOC general policy. For information on having money sent to your Inmate/Inmate Trust Account, refer to Chapter 3 of this Handbook.

Program and Services

Programs and services offered at CCDOC include:

1. Religious Services:

2. Social Services:

3. Law Library Services:

4. Substance Abuse Treatment:

5. Educational Programs:

6. Veteran's Assistance:

7. Inmate Work Program:

Interpretation Services: Understanding Staff or Written Guidelines

If you need help or believe that another inmate needs help understanding or interpreting spoken or written instructions, rules, policies, etc., ask an Officer or a CRW for help or complete an inmate request form asking for help. If the Officer or CRW is unable to help you, then CCDOC staff will use an outside translator to assist you.

Disability Assistance: What if I have a Disability?

The CCDOC strives to accommodate inmates with physical, mental health or developmental disabilities. If you need help getting an accommodation for a disability, ask an Officer, medical staff, or a CRW working in your living unit to assist. If you need a sign language interpreter, one will be made available to you at no cost. TDD devices are available for hearing impaired inmates and those inmates with family members who are deaf or hard of hearing.

CHAPTER 4

HEALTH CARE SERVICES

Medical, Vision, Dental, and Mental Health Care

While at the CCDOC, you are allowed to receive medical, mental health, nursing, pharmacy, dental and vision care. Cermak Health Services (Cermak) provides health care at the jail to inmates in the CCDOC. Cermak is part of the Cook County Health & Hospitals System.

Intake

Each new inmate will be asked health questions at intake by Cermak staff. Tell them if you receive care for medical or mental health problems. Tell them if you have dental problems. Tell them about any medicine you take. Tell them if you have or might have HIV, AIDS, or a sexually transmitted disease. If you have a medical or mental health condition, you will be sent for further screening or care. You will be checked for tuberculosis with a chest x-ray. You may also be checked for sexually transmitted diseases with a blood or urine test.

Routine Health Services and the Health Service Request Process

The Health Service Request process will allow Cermak to know you need health care. Women will receive pap smears during annual health exams or sooner if needed. The Health Service Request process should be used to get an appointment for any medical, mental health, dental or vision care issue that is not an emergency. Your appointment will be scheduled as soon as possible based on the nature of the request. To get an appointment, follow these steps:

Emergency/Urgent Medical Care

You must immediately tell a CCDOC or Cermak staff member in person if you are having a medical or mental health emergency. You may also have a fellow inmate tell a CCDOC or Cermak staff member if you cannot do it yourself. Cermak Health Services provides emergency medical care every day and night. There is medical staff on-site in an emergency room setting at Cermak or in the Division Dispensaries. You will be sent to an outside hospital emergency room if necessary.

Medication

Medicine is to be taken under the care of a doctor or physician assistant. If not used correctly, they can be dangerous. All medicine given to you by Cermak are prescribed and given to you according to policy. Be sure to tell the Cermak doctors ALL medicine that you have been taking. This includes both prescribed and street drugs. A Cermak Doctor or physician assistant will prescribe your medicine as needed. The medicine may look different or have a different name than the ones you took before you were in jail. Do not share or give your medicine to any inmate. Take your medicine as ordered. Do not share medicine with friends. If you have questions about medicine, talk to Cermak staff.

Some of you will receive every dose of medicine form a nurse. Some of you will receive medicine in a packet. If you get your medicine in a packet, you will be responsible for taking the medicine as you would at home. This medicine must be kept in the identified packet with your name on it. Medicine without your name on it will be taken away by CCDOC. You must request a refill for some types of medicine such as an asthma inhaler or tubes of certain ointments. Tell the nurse or medical tech when you have two (2) days or medicine left. They may ask to see what is left. You will fill out a request form. The nurse will confirm the order and send the form to the pharmacy for your refill.

Medical Appointment

It is very important that you keep all scheduled medical appointments. CCDOC will be sure to get you to your appointments. Your cooperation is needed.

Refusal of Medical Treatment

If you wish to refuse medical care or medicine, you will be asked to sign a medical treatment refusal form. If you refuse to sign the form, a CCDOC sworn staff member, and nurse or another staff member will sign the form as a witness.

You may not refuse care in cases of some infectious diseases. This is to protect the jail population. Care that may not be refused or may be court-ordered, includes, but is not limited to:

1. Screening for Tuberculosis (TB);

2. Medical isolation ordered by a doctor for infection control; and

3. Medical housing to properly monitor your condition.

Suicide Prevention/Mental Health

If you have a mental health emergency, notify any Correctional or medical staff member right away. Non-emergency mental health care is obtained by the using the Health Service Request process. You may feel some emotional stress, including thoughts of hurting yourself or suicide while in jail. These feelings may not have been present before coming to CCDOC. You might feel them now because of job loss, family concerns, problems related to your case or charges, financial or housing issues.

If you have thoughts of hurting yourself or suicide, seek help immediately. Tell a staff member that you need help. Staff is also available to talk to you if you experience feelings of anxiety, depression, nightmares, loss of appetite, mood swings, hearing or seeing things that do not appear to be real, or any other concerns about your mental health. Staff available to speak to you includes:

Do not keep thoughts of hurting yourself or suicide to yourself. Talk to people who are here and trained to help you. If you were receiving mental health care before you came to CCDOC, inform a CCDOC or Cermak staff member. Mental Health services include help preventing suicide, help during a crisis, individual therapy and group therapy.

Confidentiality of Medical Information

Your health care information is considered private and protected. This includes your medical record and all other health information that can identify you. Laws make it illegal for people to view your record without a need to know that information. You may request a copy of your records after you are released with proper consent. You will be required to fill out and sign a release form. This is available through Cermak Medical Records. You will not receive paper copies of your medical records while you are in jail. You may, however, discuss or review your medical care with a medical provider during a scheduled appointment. NOTE: You can be denied access to the information in your medical record if granting it would risk the health, safety, security, custody, or rehabilitation of you or other inmates or the safety of correctional or medical employees. This will be determined by CCDOC or Cermak staff.

Complaints about Your Medical, Mental Health, Or Dental Care

If you have a complaint about your health care, use the grievance process listed in Chapter 4 of this handbook. Your grievance will be reviewed by Cermak and you will be provided a response.

CHAPTER 5

INMATE RESPONSIBILITIES

Inmate Rules of Conduct — General Rules That You Must Follow

The following is a list of general rules that you must obey while in the CCDOC.

1. You will not harm, assault, or injure any other inmate, staff, or person.

2. You will treat all staff, persons, and inmates with respect and dignity.

3. You will comply with all directions and orders from CCDOC staff.

4. You will lock up immediately when ordered to do so.

5. You will make up your bed every day before daily cell inspection.

6. You are forbidden to possess, manufacture, or use any type of weapon,

7. You are forbidden to possess or hide any item that is considered contraband.

8. You will not "cook" or heat up food in your cell.

9. You will not cover air vents.

10. You will remain in full CCDOC uniform when in the dayroom or anywhere outside of your cell.

11. You will not enter any cell other than the one assigned to you.

12. You will not visit inmates on other living units.

13. You will not wear any head coverings (doo-rags, towels, etc.,) when you are outside of your cell.

14. You will not wear or display any type of gang signs or symbols.

15. You will not act or behave in any manner that impedes or obstructs staff from performing their duties.

16. You will not detain or hold any person as hostage.

17. You will not use railing, ropes, ties, and/or strings as clotheslines to hang clothes, linens, or similar items.

18. You will not hang or paste photographs anywhere in your cell, dayroom, or living unit.

19. You will not attach or stick objects to your cell or living area walls, vent covers, lights, doors or windows.

20. You may not have sex, or engage in sexual activities with another inmate, a staff member, or a volunteer while in CCDOC. There is no such thing as "consensual" sex while you are incarcerated.

21. Sleeping nude is not allowed, period.

22. You will not expose yourself to CCDOC staff, volunteers, or any other inmate.

23. Masturbation or self-gratification will not be tolerated.

24. You will not vandalize the building, vents, windows, electrical outlets, sinks, toilets and/or any other property that belongs to the CCDOC or another person.

25. You will not tamper with the TV or cable cord.

26. You will not tamper with any locks or doors.

27. You will not vandalize or damage the telephones.

28. You will not draw anything or mar any CCDOC walls, doors, building, or any other CCDOC property.

29. You will not damage, destroy, tear, and/or alter any CCDOC linens, sheets, bedding, clothing items or shoes.

30. You will not use sheets as shower curtains.

31. You will not enter the inmate visiting area unless you are authorized to do so.

32. You will not be in an area that you are not directly authorized to be in at any time.

33. You will not block any doorways, hallways, or stairs.

34. You will not bring mattresses, blankets, or sheets into the dayroom.

35. You will not gamble.

36. You will not be loud, disruptive, or disrespectful.

37. You will not sit or stand on tables in the dayroom.

38. You will not fight, shadow box, or roughhouse.

39. You are not allowed to use the telephone until your cell passes daily inspection.

40. You must cooperate and follow instructions during an emergency drill and during a real emergency.

41. You will not violate any federal, state, or local laws while in custody at the CCDOC. You will be charged criminally if found in violation of any federal, state, or local law while in custody of the CCDOC.

42. You will maintain personal hygiene.

Cleaning Your Cells and Living Areas: Keep Yourself, Your Cells and Living Areas Clean and Orderly

You must keep your cell or living unit and tiers clean and orderly at all times. At a minimum, this means keeping your possessions in your personal property storage box, keeping your cell or living area free from clutter, and making your bed after you wake up and keeping it made throughout the day, Failure to keep a clean cell can attract rodents and bugs and create an unsanitary environment that could expose you and others to diseases. Inmate workers and sanitation officers will regularly help you clean your cells and living units with cleaning supplies. If your cell needs disinfectant or other cleaning supplies in between visits, inform an officer and/or complete an Inmate Request Form.

All CCDOC meals must be consumed within one (1) hour of being served and any trash or excess food must be thrown-away immediately. All garbage/trash must be removed from the living unit by the beginning of each shift.

Prevent the Spread of Germs

To prevent the spread of germs and maintain general cleanliness for yourself and others you must:

Items Allowed in Your Cell

In addition to your legal papers and approved commissary items, the list below contains the only items that can be kept in your cell or living area. These items, except your shoes must be stored in your personal property box when not in use:

You Shall Not Possess, Make, or Hide Contraband

Possession of contraband in jail is illegal under Illinois law. Contraband is considered:

1. Any items or articles inside the CCDOC which are prohibited by criminal law;

2. Items for which an inmate, employee, or a visitor has no authorization to possess within the institution; or items prohibited by departmental written orders and/or notices; or items or property in excess of the amounts allowed above for that kind of item. Disciplinary reports and possible criminal charges will be given to inmates with contraband.

3. Items prohibited by departmental written orders and/or notices;

4. Items not purchased through approved channels or not authorized or approved for delivery by mail; or

5. Items or property in excess of the amounts allowed above for that kind of item.

Disciplinary reports and possible criminal charges will be given to those inmates found to possess contraband.

Fire Safety

The CCDOC conducts fire and emergency evacuation drills on an unscheduled basis. You are required to cooperate fully and to follow all directions during the drills. You are forbidden from starting any type of fire or "cooking", meaning you are not permitted to heat up your food in your cell, dayroom, or any other living unit area, unless your living unit has been granted microwave privileges.

To promote fire safety, you shall not keep food and other items in your cells other than those permitted by this Handbook, have a cluttered cell, jam locks, or cover lights or vents. Doing any of these can put you and others at serious risk of injury from fire or smoke and may be grounds for additional criminal prosecution or restitution proceedings.

You Must Fully Cooperate with the Following Security Procedures:

Inmate Counts

At various times throughout the day, the CCDOC will conduct "counts" to ensure that all inmates are where they are supposed to be. You must cooperate with all counts. You may not disrupt, delay, or interfere with counts in any form or fashion. If you are not in your proper place for a count or disrupt a count, you will receive a disciplinary report.

Cell/Room Searches and Sanitation Checks

CCDOC staff has the right to conduct random and/or unannounced cell/room searches. You do not have to be present for your cell/room to be searched. You are responsible for keeping your cell/room clean as well as for items found within your cell/room. So, if contraband is found within your property, cell, or living unit, you will receive a disciplinary report and possible criminal charges.

Strip Searches

Strip searches of inmates are only conducted in the limited circumstances, where there is reasonable belief that you (the inmate) may be in possession of an item of contraband. In the event of a strip search, all necessary steps will be taken to ensure your privacy. The removal or rearranging of clothing reasonably required rendering medical treatment or assistance, or the removal of outer clothing such as coats, ties, belts, or shoelaces does not constitute a strip search.

Pat/Frisk Searches

You are subject to pat down frisk searches at any time. Female inmates will only be frisked by female officers unless exigent circumstances exist. You are expected to comply with an officer's directions and not resist the search in any way. If contraband is found in your possession during a frisk search, or if you resist in any way, you will receive a disciplinary report and possible criminal charges.

You Must Avoid Sexual and other Improper Relationships

Friendships with other inmates are encouraged. Sexual or other intimate relationships or activity with CCDOC staff, maintenance workers, volunteers, vendors, contractual employees, or other inmates are strictly prohibited. Sexual relationships and sexual activity include:

1. Sexual intercourse or any sexual activity, such as intentional touching directly or indirectly of another genitalia, anus, groin, breast, inner thigh, or buttocks

2. Anal or oral sex

3. Fingering

4. Kissing

5. Hugging

6. Fondling

7. Groping

Sexual or intimate relationships with other inmates will result in a disciplinary report and/or criminal charges.

Gang Activity: You Must Not Participate in Gang Activity

The CCDOC enforces gang free living and has a zero tolerance policy for gang activity. All gang activity is strictly forbidden within CCDOC. You are not permitted to wear or display gang colors, possess gang paraphernalia, give hand signals, create gang graffiti, or be involved in any gang activity including meeting, recruiting, or organizing, etc., while confined in the CCDOC. Violating this rule will result in a disciplinary report and disciplinary actions against you.

CHAPTER 6

INMATE DISCIPLINE

Inmate Discipline

Maintaining discipline among inmates is critical to your safety and security, as well as that of staff, other inmates, and the CCDOC. There are different levels of rule violations that are based on the seriousness of the threat posed by the conduct. The sanctions you get or the amount of time you spend in segregation housing, if found guilty, are based on the rule violation committed.

What happens if you break the rules?

If an Officer or other CCDOC staff member has reasonable belief that you have committed a violation of CCDOC rules, you will be issued an Inmate Disciplinary Report. Appropriate disciplinary action(s) will be taken against you if you are found guilty of the charges. This could include sanctions, disciplinary segregation, restitution, and even criminal charges (which may lengthen your incarceration).

Sanctions include, but are not limited to the following:

1. Loss of work assignment;

2. Loss of commissary privileges;

3. Restricted visitation privileges (except attorney and clergy visits);

4. Restricted phone privileges;

5. Loss of special event programs (excluding religious services);

6. Placement in alternative housing;

7. Financial restitution; and

8. Receiving nutra-loaf (as meal substitute)

Pre-Hearing Segregation — If you pose a threat to others or the safety of the jail, you may be held in segregation pending your disciplinary hearing.

Disciplinary Segregation — If you are found guilty of the charges against you, you may be assigned to a cell separated from the general population. You will only have one hour out of your cell per day and have other privileges restricted.

Restitution: If you are found guilty of damaging property, you will have to pay for any property damage you cause. The money will be deducted from your inmate account if you have funds available, or otherwise a civil action may be brought against you. You may also be charged for any additional costs caused by your actions, such as paying for an ambulance ride for someone that you injured

The Inmate Disciplinary Process

1. If you are formally charged with breaking the rules, you will get a Disciplinary Report. You will receive this report not less than twenty-four (24) hours before your hearing. The Disciplinary Report will indicate what rule you broke and how you broke it. For violating certain rules, you may be sent to pre-hearing disciplinary segregation until your hearing. If so, you will receive a hearing within seventy-two (72) hours, (including weekends and holidays) or be taken out of pre-hearing disciplinary segregation until your hearing can be scheduled. If you remain on your living unit until your hearing, you will receive a disciplinary hearing within eight (8) days (including weekends and holidays).

2. At the hearing, you will have the right to tell your side of the story, present evidence, and possibly call witnesses who have first-hand knowledge of the event, if this will not pose a security threat.

3. The Hearing Board will decide if you are guilty or not guilty of the charge(s).

Inmate Disciplinary Appeal

You have a right to appeal any disciplinary process by submitting a Request for Appeal Form to the CRW within five (5) working days from receipt of the decision. The Request for Appeal Form will be included in the disposition form given to you at the conclusion of the hearing.

Help with the Disciplinary Process and Hearing —If you need help at any stage of the disciplinary process, a CRW can assist you if you fill out an Inmate Request Form and indicate what kind of help you need. Additionally, if you are disabled, deaf, having trouble understanding English (written or spoken), and/or illiterate, assistance will also be made available for you at no cost.

CHAPTER 7

INMATE REQUEST AND GRIEVANCE PROCEDURES

Inmate Requests and Inmate Grievances

An Inmate Request is a request that you should make when you would like or need assistance, services, or basic supplies. If a correctional officer, supervisor, or CRW cannot address your request after you verbally ask them, then you should fill out an Inmate Request Form. Inmate requests are generally made under the following circumstances:

1. If you require a "write-out," which is a pre-stamped envelope containing paper and/or pen

2. If you need your trust fund balance

3. If you need basic supplies such as soap, toothpaste, or shampoo.

4. If you require accommodations because you have a disability

5. If you need law library services

6. If you require help in filling out a grievance form

7. If you want to attend religious services

8. If you want to begin substance abuse treatment or attend an educational program

9. If you require help with filling out any necessary paperwork or arranging help through outside agencies, such as Child Welfare

10. If you want to visit the barber or beauty shop

11. If you request to be considered for participation in the inmate work program, also see page 9 or 27.

12. If you are a veteran and require help when you are released from custody

13. If you have trouble reading or writing and need help in understanding or interpreting spoken or written instructions, rules, policies, etc.

An Inmate Grievance is a formalized written complaint you may use to seek review of a problem related to your conditions of confinement. You may file a grievance if you believe:

1. That your Constitutional or other legal rights have been violated;

2. That a CCDOC employee broke the law or a CCDOC rule that adversely affects you;

3. Your safety or well-being is at risk;

4. That your living area is unsafe or unclean;

5. That your money or your personal property was mishandled;

6. That you are not getting programs that you have the right to attend or been court-ordered to attend; and

7. That you are not receiving medical, dental, or mental health help that you need.

What you cannot grieve:

1. State and federal laws and regulations;

2. State and federal Court decisions;

3. Formulation of departmental policies;

4. Designation of an inmate as a Security Risk or Protective Custody inmate;

5. Decisions of the Inmate Disciplinary Boards.

THE INMATE GRIEVANCE PROCESS

1. To file a grievance, fill out an Inmate Grievance Form within fifteen (15) days of the occurrence of the incident, problem, or event that you are grieving. There is no time limit however for grievances involving sexual safety. The forms are available on your living unit or by your CRW during their rounds. If you have trouble filling out a grievance for any reason, ask your CRW or a correctional supervisor for help.

2. After you finish writing your grievance, hand your grievance form to the CRW or a correctional supervisor when he/she makes their daily rounds. Please be aware that CRW's may not be available on holidays or days when security concerns make it dangerous to visit the living unit.

3. The CCDOC or other responding party (for example, Cermak or the food service provider) has 15 business days upon receipt of your grievance to sustain or not sustain your grievance and assign a remedy.

4. You will receive a written decision about your grievance. You will be required to sign the form saying that you received the response to your grievance — not that you necessarily agree with the decision.

5. If you have an emergency that involves you or another inmate being at substantial risk of immediate harm or possibly being transferred to another facility, notify correctional staff immediately. However, if you believe the emergency can be handled through the grievance process, or that a grievance is the best and most efficient way to handle the emergency, then you must indicate on the Inmate Grievance Form that you are experiencing an emergency and why you believe this to be an emergency. If it is determined that you have an emergency, it will generally be resolved within forty-eight (48) hours and you will receive a written response. However, if it is determined not to be an emergency, the CRW or correctional supervisor will inform you within one (1) business day of the determination, and your grievance will be processed according to standard grievance procedures.

6. Correctional Officers are not allowed to interfere with the grievance process or to collect the grievance forms. Tell the CRW or a Correctional Supervisor if this happens.

7. If you do not agree with the grievance decision, you have fourteen (14) calendar days from receipt of the decision to appeal. A CRW can instruct you on how to file an appeal.

8. You will not be retaliated against for filing a grievance or appealing a grievance response.

Appropriate Use of the Grievance System

Be considerate to fellow inmates, CRW's, and other staff and avoid filing false, frivolous, or unnecessarily repetitive grievances. The more time staff, CRW's, and third-parties spend processing and responding to false and/or frivolous grievances, the less time they have to address the legitimate concerns that you and other inmates may have.

Also, do not swear, make threats, or use vulgar language in your grievances or else your grievance may not be processed and you will receive a disciplinary report. You may also receive a disciplinary report if you purposely file false grievances.

CHAPTER 8

OUTSIDE COMMUNICATION

How do I stay in touch with people outside of the CCDOC?

1. Telephone

2. Mail

3. Visitation

CHAPTER 9

PROPERTY

What happens to my money and property while I am in the CCDOC?

Your personal property (cell phone, keys ID cards, etc.,) are kept at the CCDOC Property Office, located at 2700 S. California Avenue, Chicago, Illinois. When you are discharged, you must show the Property Office your photo ID to have your property returned. Property will be kept in the Property Office for 90 days after you leave the CCDOC, then it will be disposed of in accordance with the CCDOC general order. For more information, call the Property Office at 773.674.5780.

Clothing

Unclaimed personal clothing items shall be placed in the divisional unclaimed clothing (poor box).

Releasing Personal Property

You may authorize an individual to retrieve your personal property. Upon the request of the inmate, CRW's will assist in the release of personal property to another individual or agency. The inmate will sign a release form identifying the name and address of the person authorized to receive the property. The receiving party must have valid picture identification.

CHAPTER 10

BONDING PROCEDURES

How do I bond out while I am at the CCDOC?

The Bond Office is located at 2700 S. California Avenue and is open every day of the week from 9:00 a.m.-9:00 p.m., including holidays. The Bond Office accepts payment by cash, cashier's check, certified checks or credit card. The bond clerk must verify cashier and certified checks with the bank. Checks are to be made payable to: Clerk of the Circuit Court. Credit Cards will be accepted in accordance with the guidelines set by the Circuit Court of Cook County. For more information regarding bond call 773.674.5245 or 773.674.7100.

CHAPTER 11

ALTERNATIVE PROGRAMS

Alternatives to incarceration in the CCDOC

As a Cook County jail inmate, there may be programs that offer alternatives to staying in the CCDOC. These are described below. If you believe you may be a candidate for one of the various programs, speak to your attorney about getting a court order to approve the change.

Programs for female inmates

Sheriff's Women's Justice Programs (SWJP) incorporates a trauma informed integrated model of treatment programs that addresses mental health and substance abuse issues, as well as physical health concerns. SWJP understands the complex issues that women involved in the criminal justice system face on the day-to-day basis.

In order to be considered for one of the Women's Justice Programs, you must be court ordered by a Judge, medically cleared and meet the program criteria. Discharge planning begins as soon as women are accepted into the program utilizing a comprehensive screening process. This enables the treatment team to quickly identify immediate needs and develop individualized treatment and discharge plans for community re-entry. All programs are very structured and require the woman to participate in order to fully benefit from the treatment being offered.

If you qualify for SWJP, you will be placed in one of the following three programs:

Upon discharge from any of the Women's Justice Programs, you may access a continuum of services in the community through the SWJP Empowerment Center. The Empowerment Center offers a safe place for women seeking a supportive environment after incarceration; it provides community and family reunification linkages, assists women to discover new and health ways to cope with stressors and assist as they continue their successful recovery journey.

Chicago Legal Aid to Incarcerated Mothers (CLAIM): This agency provides free legal services to mothers in jail in order to help the mothers take care of their families.