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Prison Legal News v. County of Kane, IL, Complaint, Kane County Jail Censorship, 2015

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Case: 1:15-cv-09250 Document #: 1 Filed: 10/19/15 Page 1 of 14 PageID #:1

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ILLINOIS
PRISON LEGAL NEWS, a project of
the HUMAN RIGHTS DEFENSE CENTER,

Case No.:

Plaintiff,
v.
COUNTY OF KANE;
SHERIFF DONALD E. KRAMER, individually and in
his official capacity;
COMMANDER COREY HUNGER,
individually and in his official capacity;
LIEUTENANT JAMES LEWIS, individually and in
his official capacity;
LIEUTENANT JOHN HICKEY, individually and in his
official capacity;
DOES 1-10, in their individual and
official capacities,

COMPLAINT FOR
DECLARATORY AND
INJUNCTIVE RELIEF UNDER
THE CIVIL RIGHTS ACT 42
U.S.C. §1983 AND DAMAGES

JURY TRIAL DEMANDED

Defendants.

I.

INTRODUCTION

1. Plaintiff, PRISON LEGAL NEWS (“PLN” or “Plaintiff”), brings this action to enjoin
Defendants’ censorship of its monthly journal, Prison Legal News, and their failure to provide
constitutionally adequate due process of law to PLN and other senders of censored mail.
Defendants have adopted and implemented mail policies that unconstitutionally prohibit delivery
of Prison Legal News to prisoners in their custody at the Kane County Adult Detention Center
(“KCDC”), in violation of the First and Fourteenth Amendments to the U.S. Constitution.
II.

JURISDICTION AND VENUE

2. This action is brought pursuant to 42 U.S.C. § 1331 (federal question), as it arises under
the Constitution and laws of the United States, and pursuant to 28 U.S.C. § 1343 (civil rights), as
it seeks redress for civil rights violations under 42 U.S.C. § 1983.
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3. Plaintiff’s claims for relief are predicated upon 42 U.S.C. § 1983, which authorizes
actions to redress the deprivation, under color of state law, of rights, privileges and immunities
secured to the Plaintiff by the First, Fifth, and Fourteenth Amendments to the U.S. Constitution
and laws of the United States.
4. Plaintiff’s claim for attorneys’ fees and costs is predicated upon 42 U.S.C. § 1988, which
authorizes the award of attorneys’ fees and costs to prevailing plaintiffs in actions brought
pursuant to 42 U.S.C. § 1983.
5. Venue is proper under 28 U.S.C. § 1391(b). On information and belief, at least one
Defendant resides within this judicial district, and the events giving rise to the claims asserted
herein all occurred within this judicial district.
6. Plaintiff seeks declaratory and injunctive relief pursuant to 28 U.S.C. §§ 2201 and 2202,
and Rules 57 and 65 of the Federal Rules of Civil Procedure as well as nominal and
compensatory damages, against all Defendants.
7. Plaintiff is informed, believes, and based thereon alleges that in engaging in the conduct
alleged herein, individual Defendants acted with the intent to injure, vex, annoy and harass
Plaintiff, and subjected Plaintiff to cruel and unjust hardship in conscious disregard of Plaintiff’s
rights with the intention of causing Plaintiff injury and depriving it of its constitutional rights.
8. As a result of the forgoing, Plaintiff seeks exemplary and punitive damages against the
individual Defendants.
III.

PARTIES

9. Plaintiff, Prison Legal News (“PLN”), is a publisher project of the Human Rights
Defense Center, a not-for-profit, Washington charitable corporation recognized under 26 U.S.C.

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§ 501(c)(3), with offices in Lake Worth, Florida. PLN publishes Prison Legal News, a monthly
journal of prison news and analysis.
10. Defendant, County of Kane, is a unit of government organized and existing under the
laws of the State of Illinois. Defendant, County of Kane, is and was at all relevant times
mentioned herein, responsible for the policies, procedures, customs and practices of the Kane
County Sheriff’s Department (“the Sheriff’s Department” or “the Department”) and the actions
and/or inactions of its employees and agents. The Department operates the Kane County Adult
Detention Center (“KCDC”), and is and was responsible for adopting and implementing mail
policies governing incoming mail for prisoners at KCDC. Said policies and practices are the
moving force behind the constitutional violations at issue herein.
11. Defendant, Sheriff Donald E. Kramer, is employed by and is an agent of Defendant
County of Kane and the Department. He is responsible for overseeing the management and
operations of the jails, and for the hiring, screening, training, retention, supervision, discipline,
counseling, and control of the personnel of KCDC who interpret and apply the mail policy for
prisoners. As Sheriff, Defendant Kramer is a final policymaker for the Department and for
Defendant County of Kane with respect to the operations of KCDC, including for policies
governing incoming mail for prisoners. He is sued in his individual and official capacities.
12. Defendant, Commander Corey Hunger, is employed by and is an agent of Defendant
County of Kane and the Sheriff’s Department. His duties include overseeing all jail
responsibilities, including but not limited to the mailroom, reception, booking and classification,
housing, and other jail services. He is responsible for the operation and management of the
KCDC and for the promulgation and implementation of its policies, including the prisoner mail
policies challenged herein. He is also responsible for the hiring, screening, training, retention,

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supervision, discipline, counseling, and control of the personnel of KCDC who interpret and
apply the mail policy for prisoners. Defendant Hunger directly participated in and/ or authorized
the censorship of Prison Legal News. He is sued in his individual and official capacities.
13. Defendant, Lieutenant James Lewis, is employed by and is an agent of Defendant County
of Kane and the Sheriff’s Department. His duties include, but are not limited to overseeing
facility audits, workmen’s compensation claims and leaves of absences. Defendant Lewis also
oversees the operation of the Corrections Response Team (CRT), and serves an administrative
function overseeing commissary, detainee accounts, detainee programs, mailroom, visiting
program and front lobby reception. Defendant Lewis directly participated in and/ or authorized
the censorship of Prison Legal News. He is sued in his individual and official capacities.
14. Defendant, Lieutenant John Hickey, is employed by and is an agent of Defendant County
of Kane and the Sheriff’s Department. His duties include, but are not limited to officer training
including NEMERT, FTO Program and all training records and certifications. Defendant Hickey
also serves an administrative function overseeing commissary, detainee accounts, detainee
programs, mailroom, visiting program and front lobby reception. Defendant Hickey directly
participated in and/or authorized the censorship of Prison Legal News. He is sued in his
individual and official capacities.
15. The true names and identities of Defendants DOES 1 through 10 are presently unknown
to PLN. Each of Defendants DOES 1 through 10 are or were employed by and are or were
agents of Defendant County of Kane when some or all of the challenged prisoner mail policies
and practices were adopted and/or implemented. Each of Defendants DOES 1 through 10 are or
were personally involved in the adoption and/or implementation of the mail policies for
prisoners, and/or are or were responsible for the hiring, screening, training, retention,

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supervision, discipline, counseling, and/or control of KCDC staff who interpret and implement
these prisoner mail policies. They are sued in their individual and official capacities. PLN will
seek to amend this Complaint as soon as the true names and identities of Defendants DOES 1
through 10 have been ascertained.
16. At all times material to this action, the actions of all Defendants as alleged herein were
taken under the authority and color of state law.
IV.

FACTUAL ALLEGATIONS

17. PLN publishes and distributes a 72-page soft-cover monthly journal containing
corrections news and analysis about prisoners’ rights, court rulings, management of prison
facilities, prison conditions, and other matters pertaining to the rights and/or interests of
incarcerated individuals.
18. PLN has thousands of subscribers in the United States and abroad, including prisoners,
attorneys, journalists, public libraries, judges, and members of the general public.

PLN

distributes its monthly publication to prisoners and law librarians in approximately 2,600
correctional facilities located across all fifty states, including the Federal Bureau of Prisons and
the Illinois Department of Corrections.
19. The purpose of PLN, as stated in its Articles of Incorporation, Article III, Part 6, is to
educate prisoners and the public about the destructive nature of racism, sexism, and the
economic and social costs of prisons to society.
20. PLN engages in core protected speech and expressive conduct on matters of public
concern, such as the operation of prison facilities, prison conditions, prisoner health and safety,
and prisoner rights. Plaintiff’s monthly journal, as described above, contains political speech and

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social commentary, which are at the core of First Amendment values and are entitled to the
highest protection afforded by the U.S. Constitution.
21. For the past 25 years, the core of PLN’s mission has been public education, advocacy and
outreach on behalf of, and for the purpose of assisting, prisoners who seek legal redress for
infringements of their constitutionally guaranteed and other basic human rights.
Censorship of PLN’s Monthly Journal
22. Defendants have censored PLN’s monthly journal mailed to prisoners held in custody at
KCDC by refusing to deliver it to the prisoners.
23. Since August 2012, PLN has sent at least ninety-eight (98) issues of its monthly journal
to prisoner-subscribers at KCDC. On information and belief, each month the following number
of individually addressed issues of Prison Legal News were not delivered to intended recipients
incarcerated at KCDC at the time it arrived in the mail:
Item Censored

Date Mailed

Number of Items Censored

Prison Legal News

August 2012

8

Prison Legal News

September 2012

7

Prison Legal News

October 2012

7

Prison Legal News

November 2012

6

Prison Legal News

December 2012

6

Prison Legal News

January 2013

5

Prison Legal News

February 2013

5

Prison Legal News

March 2013

5

Prison Legal News

April 2013

5

Prison Legal News

June 2014

2

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Prison Legal News

August 2014

1

Prison Legal News

September 2014

1

Prison Legal News

October 2014

1

Prison Legal News

November 2014

1

Prison Legal News

December 2014

1

Prison Legal News

January 2015

1

Prison Legal News

February 2015

1

Prison Legal News

May 2015

15

Prison Legal News

June 2015

20

24. PLN intends to continue to mail monthly copies of Prison Legal News to prisoners
incarcerated at KCDC.
Failure to Provide Due Process
25. In May 2014, Defendants returned a copy of Prison Legal News that was individually
addressed to Shuntina McKee – a prisoner at KCDC. The issue was received on May 21, 2014
in a manila envelope addressed to Plaintiff’s offices in Lake Worth, Florida. Also enclosed
within the envelope was a single sheet of paper titled “Notification of Denied Mail.” (Exhibit
A). This form contained Ms. McKee’s name and further stated:
Description of item denied: Prison Legal News
Reason for denial: Not allowed per commander
The form also stated that the censorship “decision may be appealed by the detainee to the
Commander or his/her designee within seven (7) days of receipt of this notice,” and was signed
with the four digit numerical identification: “1323.” Directly below the signature line, a separate
provision stated:
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Notification to sender
The above mail and/or publication has been denied entrance to the Kane
County Sheriff’s Office – Adult Justice Center. Items are denied based on
safety and security concerns or content that may pose a threat to facility
operations. Appeals by the sender must be filed within twenty (20) days of
the posted date of denied notification. Appeals shall be made to the
commander (or designee) of the Kane County Adult Justice center 37W755
Illinois Route 38, Suite A, St. Charles, IL 60175.
26. Accordingly, Paul Wright, editor of Prison Legal News appealed the decision on grounds
that the notice failed to: 1) provide any explanation about “how rejection of the publication
serves a legitimate government interest…[and] does not offer a meaningful opportunity…to
appeal;” and 2) the “[c]ensored publications should be kept [at the jail] “pending review of any
appeal of the censorship decision.” (Exhibit B).
27. On June 20, 2014, Defendant Corey Hunger, Commander at KCDC responded to Mr.
Wright’s appeal, stating:
Due to facility policy, no mail with staples is allowed in the facility for safety
and security issues. Also due to facility policy, all denied mail is returned to
sender.
(Exhibit C)
28. Subsequently, on July 1, 2014, PLN received another Notification of Mail Denial dated
June 24, 2014 regarding censorship of Prison Legal News sent to three (3) prisoners at KCDC:
Diane McWilliams; Braundi Young, and Shuntina McKee.

The reason provided for the

censorship was:
Description of item denied: Prison Legal News
Reason for denial:

3

Publication’s [sic] of this sort is [sic] not allowed
because of the staples

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The notification form was signed with the numerical identification: “1668.” The provision
regarding notification to sender that discusses the right to appeal was specifically blacked out
with a marker pen. (Exhibit D).
29. Subsequent copies of Prison Legal News sent to prisoners in individually addressed
envelopes were occasionally returned to Plaintiff’s offices in Lake Worth, Florida via the U.S.
Post Office Return to Sender service, at Plaintiff’s expense. The returned mail contained terse
notations in black marker pen stating:
No Staples Allowed
(Exhibit E). PLN never received any further Notification of Mail Denial forms from anyone at
KCDC.
30. Additionally, the majority of the ninety-eight (98) copies of Prison Legal News sent to
prisoners at KCDC were never returned, nor did Plaintiff receive any notice of the censorship or
provided with any opportunity to appeal the decision.
31. Defendants’ failure to retain copies of Prison Legal News during the pendency of any
appeal, and/or the complete failure to provide any notice or opportunity to appeal the censorship
decision, violates Plaintiff’s Fourteenth Amendment right to due process of law.
Jail Policies and Practices
32. The Jail’s “Detainee Handbook” explicitly censors any magazines containing staples.
Specifically, it provides that:
Any incoming mail containing (but not limited to) adhesives, gummed areas, tape,
stamps, stickers, staples, paperclips, magazine or newspaper clippings, any type
of photograph, black papers or cards, blank envelopes, or foreign substances
(examples: glitter, lipstick, perfume or other scents) is not allowed in the facility
for security and safety reasons, and will be returned to the sender.
Kane County Adult Justice Center, Detainee Handbook revised November 2014
(Detainee Handbook”) at p. 28, attached hereto as Exhibit F.
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33. The Detainee Handbook further provides that “[the prisoner] may receive books,
newspapers and magazines (media) from a bookstore or publisher only,” but it must still meet
“all jail standards to be acceptable (Example: magazines containing staples will not be delivered
to [the prisoner].” Id. at 29-30.
34. On information and belief, Defendants’ mail policies, practices and customs have been
used to censor PLN’s written speech and to deny PLN due process of law when effectuating said
censorship.
35. Defendants’ conduct prohibiting PLN from mailing its journal to prisoners confined at
KCDC violates the First Amendment. Defendants’ policies, practices and customs censor these
expressive activities and have a chilling effect on PLN’s future speech and expression directed
toward prisoners confined there. Defendants’ policies, practices and customs in this regard are
unconstitutional both facially and as applied to Prison Legal News.
36. Reasonable discovery will show that Defendants’ mail policies do not provide senders of
censored mail with constitutionally adequate due process of law.

Defendants’ conduct in

denying due process of law to PLN and other senders of censored mail violates the Fourteenth
Amendment. Defendants’ policies, practices and customs in this regard are unconstitutional both
facially and as applied to Plaintiff.
37. Due to Defendants’ actions as described above, Plaintiff has suffered damages, and will
continue to suffer damages, including, but not limited to: the violation of the Plaintiff’s
constitutional rights; the impediment of Plaintiff’s ability to disseminate its political message;
frustration of Plaintiff’s non-profit organizational mission; diversion of resources; loss of

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potential subscribers and customers; an inability to recruit new subscribers and supporters; the
loss of reputation; and the costs of printing, handling, mailing, and staff time.
38. Defendants’ actions and inactions were and are motivated by ill motive and intent and
were and are all committed under color of law with reckless indifference to PLN’s constitutional
rights.
39. Defendants and other agents of KCDC are responsible for or personally participated in
creating and implementing these unconstitutional policies, practices, and customs, or they are
responsible for ratifying and/or adopting them. Further, Defendants are responsible for training
and supervising the mail staff whose conduct has injured and continues to injure PLN.
40. Defendants’ unconstitutional policy, practices, and customs are ongoing and are the
moving force behind the constitutional violations. As such, PLN has no adequate remedy at law.
41. PLN is entitled to injunctive relief prohibiting Defendants from refusing to deliver its
journal without any legal justification, and prohibiting Defendants from censoring mail without
due process of law.
V.

CLAIMS

Count I – 42 U.S.C. § 1983
Violation of the First Amendment
42. Each paragraph of this Complaint is incorporated as if restated fully herein.
43. The acts described herein constitute violations of Plaintiffs rights, the rights of other
correspondents who have attempted to or intend to correspond with prisoners at KCDC, and the
rights of prisoners confined at KCDC, under the First Amendment of the United States
Constitution.
44. Plaintiff has a constitutionally protected liberty interest in communicating by mail with
incarcerated individuals, a right clearly established under existing case law.
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45. Defendants’ conduct was objectively unreasonable and was undertaken intentionally with
malice, willfulness, and reckless indifference to the rights of others.
46. Plaintiff’s injuries and the violations of its constitutional rights were directly and
proximately caused by the policies and practices of Defendants, which were the moving force
behind such violations.
47. The acts described above have caused damages to Plaintiff, and if not enjoined, will
continue to cause damage to Plaintiff.
48. Plaintiff seeks declaratory and injunctive relief, and nominal and compensatory damages
against all Defendants. Plaintiff seeks punitive damages against the individual Defendants in
their individual capacities.
Count II – 42 U.S.C. § 1983
Violation of the Fourteenth Amendment
49. Each paragraph of this Complaint is incorporated as if restated fully herein.
50. The acts described above constitute violations of Plaintiffs rights, the rights of other
correspondents who have attempted to or intend to correspond with prisoners at KCDC under the
Fourteenth Amendment of the United States Constitution.
51. Plaintiff has a right under the Due Process Clause of the Fourteenth Amendment to
receive notice and the opportunity to object and/or appeal Defendants’ decisions to prevent
censors and suppress PLN’s written speech.
52. Defendants’ policy and practice of banning Prison Legal News without notice to PLN
and without an opportunity for PLN to be heard violates the Fourteenth Amendment’s Due
Process Clause.
53. The conduct of Defendants was objectively unreasonable and was undertaken
intentionally with malice, willfulness, and reckless indifference to the rights of others.
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54. Plaintiff’s injuries and the violations of his constitutional rights were directly and
proximately caused by the policies and practices of Defendants, which were the moving force
behind such violations.
55. The acts described above have caused damages to Plaintiff, and if not enjoined, will
continue to cause damage to Plaintiff.
56. Plaintiff seeks declaratory and injunctive relief, and nominal and compensatory damages
against all Defendants. Plaintiff seeks punitive damages against the individual Defendants in
their individual capacities.
Injunctive Allegations
57. Defendants’ unconstitutional policies and practices are ongoing and continue to violate
Plaintiff’s constitutional rights and the rights of other correspondents and prisoners. As such,
there is no adequate remedy at law.
58. Plaintiff is entitled to injunctive relief prohibiting Defendants from refusing to deliver
PLN’s monthly journal to people held in their custody. Plaintiff is also entitled to injunctive
relief prohibiting Defendants from censoring mail without due process of law.
VI.

REQUEST FOR RELIEF

WHEREFORE, the Plaintiff respectfully requests relief as follows:
59. A declaration that Defendants’ policies and practices violate the Constitution.
60. Nominal damages for each violation of Plaintiff’s rights by the Defendants.
61. A permanent injunction preventing Defendants from continuing to violate the
Constitution, and providing other equitable relief.
62. Compensatory damages in an amount to be proved at trial.
63. Punitive damages against the individual Defendants in an amount to be proven at trial.

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64. Costs, including reasonable attorneys’ fees, under 42 U.S.C. § 1988, and under other
applicable law.
65. Any other such relief that this Court deems just and equitable.

Respectfully Submitted,
/s/ Jon Loevy
Arthur Loevy
Jon Loevy
Matthew Topic
LOEVY & LOEVY
312 N. May Street, Ste. 100
Chicago, IL 60607
(312) 243-5900
/s/ Lance Weber
Lance Weber, Fla. Bar No.: 104550*
Sabarish Neelakanta, Fla. Bar No.: 26623*
Human Rights Defense Center
PO Box 1151
Lake Worth, FL 33460
(561) 360-2523
*Pro Hac Vice applications to be filed
VII.

JURY DEMAND

Plaintiff hereby demands a trial by jury on all issues so triable.
Respectfully Submitted,
/s/ Jon Loevy
Arthur Loevy
Jon Loevy
Matthew Topic
LOEVY & LOEVY
312 N. May Street, Ste. 100
Chicago, IL 60607
(312) 243-5900

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EXHIBIT A

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EXHIBIT B

PRISON LEGAL NEWS
PO Box 1151

Lake Worth, FL 33460

pwright@prisonlegalnews.org

561-360-2523
www.prisonlegalnews.org

 
June 10, 2014
Jail Commander
Kane County Adult Justice Center
37 W 755 Illinois Route 38, Suite A
St. Charles, IL 60175
RE:

Notice of censorship of Prison Legal News

Dear Commander,
I received the enclosed “Notification of Denied Mail” regarding our publication, Prison
Legal News. The notice does not explain how rejection of the publication serves a
legitimate government interest. As such, the notice is inadequate and does not offer a
meaningful opportunity for us to appeal.
Additionally, the magazine itself was returned to our offices along with the notification.
Censored publications should be kept by your office pending review of any appeal of the
censorship decision. If you reverse the censorship decision, the county should pay for the
cost of returning the magazine to Ms. McKee by ordering a copy of the April 2014 issue
of PLN from our offices.
I look forward to your response. 
 
Sincerely,
PRISON LEGAL NEWS

by:

Paul Wright, Editor

cc:

Ms. Shuntina McKee 210557
37 W 755 Illinois Route 38, Ste. B
St. Charles, IL 60175

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EXHIBIT C

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EXHIBIT D

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Human Rights Defense
Center
Prison Legal News
P.O. Box 1151

Lok< Wocth,Fl 33460

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EXHIBIT E

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EXHIBIT F

Kane County Adult
Justice Center
Detainee Handbook

DO NOT WRITE OR MARK ON THIS HANDBOOK
REVISED NOVEMBER 2014

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Table of Contents

Cover

Page 1

Table of Contents

Pages 2 -3

Disclaimer

Page4

Introduction

Pages4-5

Kiosk System

Page 5

Detainee Rights

Pages 5 -6

Expected Detainee Behavior

Page6

Classification

Pages 6 - 7

Housing

Pages 7 - 8

Fire and Emergency Procedures

Page 8

Searches

Page 8

Detainee Discipline

Page 8 - 9

Grievance Procedure

Pages 9-11

Minor Rule Violations

Pages 11-12

Major Rule Violations

Pages 13-14

Criminal Violations

Pages 14 - 15

General Detainee Rules
• Wristbands
• Clothing
• Detainee Property Bag
• Hygiene
• Lockdown
• Meals
• Dayroom Rules
• Individual Cell Rules

Pages 15- 20
Page 15
Pages 15 - 16
Page 16
Page 16-17
Page 17
Page 17
Pages 17 -19
Pages 19- 20

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Detainee Programs
• Religious Services
• Substance Abuse Programs
• Parenting Programs

Pages 20 - 21
Page 21
Page 21
Page 21

Medical and Mental Health Services

Pages 21 - 22

Medical Fees

Page 22

Commissary

Pages 22- 23

Indigent Kits

Page 23

Ordering Commissary

Page 23

Detainee Funds Account

Page 23

Telephone

Pages 23- 24

Bond Call & Bond Call Phones

Pages 25

Consulate Notification

Page 25-26

Public Visitation

Pages 26-27

Detainee Property

Page 27

Linen Exchange

Page 27

Laundry

Page 27

Mail

Pages 27 - 30

•
•
•

Incoming Mail
Outgoing Mail
Media

Page 28
Pages 28-29
Pages 29 - 30

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Disclaimer
Policies, rules and procedures listed in this handbook are constantly reviewed, updated
or changed. This handbook will NOT be updated for every change made. This
handbook will be updated on an annual basis or when a significant amount of changes
have been made to the content. Changes will always be posted in the housing units or
on the kiosks so that all detainees can remain up to date on current information.
Introduction
You are in the custody of the Sheriff of Kane County in St. Charles, Illinois. The Kane
County Adult Justice Center (KCAJC) is designed to make your stay productive, safe
and secure. For the purpose of this handbook, the term "detainee" refers to pretrial,
sentenced or non-sentenced persons, as well as any person with any type of
incarceration status.
The KCAJC operates on two (2) key rules:
•

Staff and detainees work and live in a safe environment.

•

Detainees are expected to demonstrate good behavior and common sense.

The information contained in this handbook will help you while in custody.
This handbook outlines all facility rules and procedures to be followed during your
incarceration at the KCAJC. Disobeying any rules or procedures will result in immediate
disciplinary action. You are expected to know and follow all the rules and procedures
listed in this handbook. Be advised that a claim of ignorance will not be accepted as an
excuse for misbehaving. Any violation of the facility rules or state statutes will result in
disciplinary action and/or criminal prosecution. Please review this handbook carefully.
It contains the answers to many questions involving your confinement. If you have any
additional questions, please ask an officer or staff member. You are in control of the
quality of your confinement. Your experience here depends solely on your attitude and
behavior.
•

The rules and procedures in the handbook are designed to maintain order,
discipline, safety and security.

•

You are responsible for knowing and obeying the rules set forth in this
handbook. If you violate any of these rules, you will be subject to disciplinary
action.

•

These rules apply at all times while you are in the custody of the Sheriff. This
includes the Kane County Adult Justice Center, the Kane County Judicial Center,
during transport and any other places of business while in custody.
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•

This handbook is provided to assist you while in custody in this facility. This
handbook issued to you is the property of the facility and must be treated as
such. Detainees shall not write in, alter or destroy the detainee handbook.
Failure to maintain this handbook in good condition or loss of this handbook will
result in a $2.00 replacement fee and may result in disciplinary action.

Kiosk System
A kiosk is available within every housing unit for detainees to use for various purposes.
For access in the kiosk system, a detainee must log in with his/her inmate number and
personal identification number that he/she has chosen. The first time you use the kiosk
the password will be 1111. Change the password as soon as possible to avoid
fraudulent use of your information.
The kiosk system may be used to order items from Commissary, check Commissary
History, view certain Documents, and make Requests. Requests may be made to
Classification, Commissary, Grievance, Intake & Release, Mail, Medical, Programs,
Public Defender, and Visiting.
Detainees may not access the kiosk system with another detainee's information.
Any fraudulent use of the kiosk system will result in disciplinary action.

Detainee Rights
1. You have the right to receive fair and humane treatment.
2. You have the right to know the rules and procedures that affect you, and the
penalties for not obeying the rules.
3. You have the right to freedom of religion.
4. You have the right to adequate medical, dental and mental health care.
5. You have the right to adequate nutrition.
6. You have the right to correspond with all persons and agencies, unless legally
limited.
7. You have the right to reasonable visitation and telephone contact with your
attorney.
Your rights are protected by law and cannot be taken away from you. However, it may
become necessary to modify your privileges to ensure the rights of all detainees and the
safety and security of the facility.
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All services and functions not listed as detainee rights are detainee privileges. You
keep your privileges by good behavior. Bad behavior will result in loss of privileges.
Expected Detainee Behavior
You are expected to follow our rules and procedures and behavior guidelines while in
the facility, at court, and in transport with Kane County Officers. We expect that you
will:
1. Follow all rules and procedures.
2. Follow all staff directives and requests.
3. Respect the facility's property and property of others.
4. Keep your assigned cell and common area clean and orderly.
5. Maintain daily personal hygiene; shower and brush your teeth daily.
6. Show respect to staff, other detainees, volunteers and the public.
Classification
During your stay at the Kane County Adult Justice Center, the individual assigned to
classify you will determine your status and housing. The Classification process will
determine your behavior level and charge level. These levels will be used to determine
the cell and housing unit to which you will be assigned.
The factors determining your housing and classification are as follows:
1. How you behave.
2. How you get along with staff and other detainees.
3. Available cell and bed space.
4. Medical and psychiatric needs.
5. Any other special needs you may have.
6. The safety and security of the facility.
7. Previous criminal record.

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8. Past behavior history at the Kane County Adult Justice Center or Kane County
Adult Corrections.
9. Your charge(s).
If you cooperate, you will be allowed more privileges. If you do not wish to follow the
rules, you will be given only what is required by law.
Classification reviews are conducted periodically by staff. Green level at least every
forty-five (45) days, Yellow level at least every thirty (30) days and Red level at least
every fifteen (15) days.
You can request a review by Classification staff once every thirty (30) days in writing or
using the kiosk.
Classification cannot be grieved. It can be APPEALED in writing or using the
kiosk to the Classification Lieutenant.
Any requests or concerns involving your classification should be directed to the
Classification staff.
Housing
There are four (4) different types of housing classifications at the Kane County Adult
Justice Center. The type of housing classification you are assigned to will be based on
your behavior and level of cooperation.
•

GREEN - Detainees willing to cooperate with staff, who follow the rules and
demonstrate proper behavior will be placed in "Green Level" housing units. You
will be allowed full privileges inside the housing unit. This status is reviewed at
least every forty-five (45) days by the Classification staff.

•

YELLOW - Detainees who are not suited for "Green Level." These detainees
may be rule violators or detainees who demonstrate gang activity. These
detainees will receive only partial privileges. This status is reviewed at least
every thirty (30) days by the Classification staff.

•

RED - Detainees who have violated rules or pose a threat to the safety and
security of the facility, staff or other detainees. These detainees have no
privileges and are confined to their cell twenty-three (23) hours a day. The
Classification staff will determine the amount of time a detainee spends on "Red
Level." This status is reviewed at least every fifteen (15) days by the
Classification staff.

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•

PROTECTIVE CUSTODY - Detainees who for any reason need to be housed
away from other detainee(s). You will receive privileges depending on your
behavior. Protective Custody status will be determined by the Classification staff.

Your level may be changed based on your behavior, personal needs or
operational needs.
Fire and Emergency Procedures
If it becomes necessary to remove detainees from any area in the facility, the assigned
officer or any officer on duty will direct you as follows:
•

Follow the officer's instructions.

•

Do not take anything with you.

•

Remain calm and quiet so everyone can move safely.

•

Horseplay will not be tolerated during emergencies.

•

Talking to other detainees while being escorted is prohibited.

•

If an evacuation is necessary, it is important to proceed in an orderly manner with
special attention being paid to safety.

•

Detainees shall not interfere with or harass any emergency personnel that enter
the KCAJC.

Any violation of the Fire and Emergency Procedures will result in disciplinary action and
possible criminal prosecution.
Searches
Internal Movement: You will be subject to a pat search every time you enter or leave
any area of the facility; including the housing unit and/or your assigned cell. This may
include a strip search (based on determining factors).
External Movement: You will also be subject to pat searches, and possibly strip
searches (based on determining factors) any time you exit the secured facility and
return while under confinement of the KCAJC. Such instances may include furlough,
outside work detail, court appearances, etc.
You are required to cooperate with these searches. Failure to do so is a violation of
rules and will result in disciplinary action.
Detainee Discipline
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Detainees shall obey all rules and regulations of the facility. These rules apply at
all times while you are in the custody of the Sheriff. This includes the Kane
County Adult Justice Center, the Kane County Judicial Center, during transports,
and any other place of business while in custody.
When a detainee violates a rule, they will be issued a disciplinary ticket. A hearing will
be held on all disciplinary tickets issued that result in placement to a more restrictive
level of housing. This hearing will take place within five (5) days of the disciplinary ticket
being issued unless more time is granted by the Classification Lieutenant or
Commander of Corrections. The following are some actions which may be taken as a
result of a guilty finding in a disciplinary hearing:
1. Verbal warning.
2. Restricted privileges.
3. Restitution (for example: paying for the damages to facility property).
4. Filing of new criminal charges.
Your commissary account will be debited for any restitution charge and may result in a
negative balance. Any future money received will be applied to the negative balance.
Discipline cannot be grieved. You can APPEAL in writing or using the kiosk to
the Classification Lieutenant.

Grievance Procedure
It shall be the policy of the Kane County Adult Justice Center to provide detainees with
a procedure to grieve conditions, confinement or any other issues that you may have.
The Detainee Grievance Form will be available in each housing unit on the kiosk.
Detainees should first bring the matter to the attention of the housing unit officer. If the
officer is unable to resolve the matter, or if the officer is going to be named as an
involved party, then the detainee must complete and submit the Detainee Grievance
Form available on the kiosk for investigation and review.
Procedure for Filing a Grievance
1. All grievances must be filed in writing on the Detainee Grievance Form available
on the kiosk. To do this, detainees must sign into the kiosk, select "Request", and
then select "Grievance". Detainees will then be able to write and submit their
grievance.

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a. If the kiosk system is unavailable for whatever reason, each housing unit
has available a paper Detainee Grievance Form that may be used by
detainees to submit grievances. These must be sent to the Lieutenant
handling grievances. They will be handled as mail from the housing units
and responses will be returned to the detainee in the same manner. All
procedures under this section must still be followed when filing a paper
Detainee Grievance Form.
2. All grievances must be filed within forty-eight (48) hours of the alleged offense
UNLESS the detainee can show good cause for the delay.
3. The form MUST be filled out legibly and neatly. Illegible or incomplete forms and
forms with profanity will be returned to the detainee. If the sender cannot be
determined then the form will be destroyed.
4. The form MUST contain the following:
a.
b.
c.
d.

The date and time of the alleged offense.
Location of the alleged offense.
All parties involved in the alleged offense.
Nature of the alleged offense WITH a short explanation of the alleged
offense.
e. The filing detainee's name, signature and booking number.

5. Detainees may file a grievance WITHOUT fear of reprisal.
6. The following issues MAY be grieved by detainees:
a. Alleged violations of the Illinois County Jail Standards.
b. Alleged violations of Federal, State or Local Statutes.
c. Alleged inappropriate conduct by staff.
d. Alleged denial of individual rights.
e. Alleged denial to programs or services.
f. Requests brought to the housing unit officers attention which are NOT
resolved at that level.
7. The following issues may NOT be grieved by detainees:
a. Facility schedules.
b. Security measures.
c. Housing assignments
d. Disciplinary actions taken by a disciplinary hearing board.
8. Detainee grievances will be acknowledged within fifteen (15) days of receipt
unless circumstances require additional time. If additional time is needed, a
written response will be sent to the detainee through the kiosk system stating
why additional time is needed and an expected completion date.

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9. All findings and actions taken to correct an alleged violation will be submitted to
the detainee in writing through the kiosk system.
10. Detainees will receive one (1) level of appeal for any grievance decision as
follows:
a. The detainee's appeal MUST be filed within forty-eight (48) hours of the
decision on the original grievance being sent to the detainee.
b. A valid reason for the appeal must be given by the detainee.
c. The detainee must appeal the original grievance via the kiosk system.
d. If the kiosk system is unavailable when the detainee wants to file an appeal,
then the detainee must submit a handwritten appeal on one of the paper
Detainee Grievance Forms, and label it as an appeal. The original grievance
must be included. The appeal must be forwarded to the Commander of
Corrections.
11. In the event a detainee is transferred from the KCAJC to another facility, the
detainee must still file a grievance or appeal within the forty-eight (48) hour time
frame. The detainee must send a written letter to the "Grievance Lieutenanf' at
the KCAJC and indicate that the letter is a grievance. The detainee must follow
all procedures outlined above.
Minor Rule Violations

The following is a list of minor rule violations that will not be tolerated.
1. Interfering with staff duties.
2. Failure to properly stand during headcount.
3. Violating housing unit rules.
4. Insolence.
5. Making unnecessary or loud noise (including but not limited to: yelling, pounding,
whistling, slamming doors, slamming down playing cards).
6. Attempt to manipulate.
7. Lying under blanket during the day without permission.
8. Failure to make bed, clean or maintain cell.
9. Failure to maintain personal hygiene.

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10. Failure to comply with dress code or failure to wear a complete uniform. A
complete uniform consists of a shirt, pants, socks, sandals, bra (female), briefs
(male) and a wristband. Failure to comply with dress code includes, but is not
limited to: tee shirt on head, hands in pants, rolling pant leg or tucking pant leg
into sock, not wearing a uniform shirt.
11. Possession of unauthorized amounts of property, clothing and commissary.
12. Property not being in property bags when not in use (Including, but not limited to:
items on the floor, under mattress, on desk).
13. Possession of contraband.
14. Possession of food items in cell other than items purchased from commissary.
15. Possession of unauthorized items in dayroom. (Including, but not limited to:
blanket, pillow, property bag).
16. Taking unauthorized items to court or to medical appointments.
17. Unauthorized contact and/or communication with other detainees.
18. Horseplay, teasing or harassing of other detainees.
19. Selling or unauthorized trading between detainees.
20. Gambling or possession of gambling materials. (Including, but not limited to: dice,
score cards).
21. Misuse of mail privileges.
22. Pasting or placing any items or pictures to walls, lights, ceiling, windows or
fixtures.
23. Placing garbage or foreign objects in toilet.
24. Misuse of county property.
25. Climbing, sitting, hanging or leaning on any rail or stairway.
26. Unauthorized use of facility equipment without staff permission.
27. Crossing a red line or entering any unauthorized area without staff permission.
28. Entering another detainee's cell.

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Major Violations
The following is a list of major rule violations that will not be tolerated.
1. Failure to cooperate with staff.
2. Refusal of a direct order from staff.
3. Creating a disturbance.
4. Insubordinate or disrespect to staff or others.
5. Making obscene or derogatory remarks or gestures to staff or others.
6. Making any deliberate or implied threats to staff or others.
7. Interfering with or refusal to lockdown.
8. Not cooperating with classification review.
9. Lying or giving false information to staff or others.
10. Fighting or attempting to provoke a fight.
11. Acting as a lookout for other detainees who are committing criminal acts or rule
violations.
12. Misuse of phone privileges. (Including, but not limited to: using another
detainee's pin number or phone card).
13. Theft.
14. Tampering with locking devices, security equipment, phones, televisions,
sprinklers or other fixtures.
15. Contaminating or tampering with food or drink.
16. Attempting to flood a cell or any other area of the facility.
17. Possession of a weapon or any object which has been fashioned into a weapon.
18. Possession of dangerous contraband.

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19. Tattooing, possession of any tattoo equipment.
20. Engaging in any form of gang activity. (Including, but not limited to: flashing gang
signs, gang drawings, graffiti).
21. Engaging in any form of sexual activity.
22. Intentionally removing, damaging or altering of a detainee wristband.
23. Filing a false report.
24.Attempted suicide.
25. Multiple minor violations.
26. Violation of any Federal, State or Local Statute.

Criminal Violations
A criminal violation includes an act or acts which are considered as the most serious
threats to facility security or the safety of staff or detainees.
These acts are defined by the Illinois Compiled Statutes (ILCS) and shall include but are
not limited to:
1. Murder
2. Assault
3. Arson
4. Forgery
5. Bribery
6. Battery

7. Extortion
8. Escape

9. Theft
1O. Intimidation
11. Indecent Exposure
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12. Possession of Controlled Substance/Cannabis
13. Possession of Drug Paraphernalia
14. Criminal Damage to Property
15. Mob Action
16.Sexual Assault
17. Violation of any other Illinois Criminal Statute
Any detainee committing a criminal violation will be prosecuted to the fullest
extent of the law.
General Detainee Rules

Wristbands

1.

Wristbands must be worn at all times. Failure to do so may result in
disciplinary action. Notify any available officer if your wristband needs to be
replaced. Wristbands are to be worn on the right wrist unless prevented by a
medical condition. The loss or intentional damage of a wristband shall result
in a disciplinary ticket being issued as well as a replacement cost of $5.00
being deducted from your commissary account.

2.

Wristbands are NOT to be changed, altered or modified in any way. This
includes making the wristband REMOVABLE.

Clothing

1.

Always wear a complete uniform in the dayroom or hallways. A complete
uniform consists of: shirt, pants, socks, sandals, bra (female), briefs (male)
and a wristband. If purchased from commissary, white "thermals" may be
worn under tee shirt and pants.

2.

While in your cell, you must wear at least the issued undergarments unless
you are on suicide watch.

3.

Do not tuck your uniform pants into your socks.

4.

Only one (1) pair of pants may be worn at a time.

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5.

No article of clothing, linen or partial piece thereof shall be used as head
coverings.

6.

All issued clothing is the property of the facility and shall not be damaged or
altered in any way. Any damage or alterations will result in disciplinary action
and cost reimbursement of the clothing article.

7.

Pants must be worn at waist level. If pants are sagging or underwear is
visible, a disciplinary ticket will be issued.

Detainee Property Bag

1.

Each detainee housed in the Kane County Adult Justice Center will be issued
an approved property bag prior to being placed in their housing unit.

2.

All county issued clothing, personal hygiene items and personal property will
be stored within the property bag at all times when not in use.

3.

All property must fit within the bag without modifying or damaging the bag.

4.

Any property not able to fit in the bag will be considered contraband.
Personal property not able to fit in the bag will be mailed at your expense or
disposed of.

5.

Property bags will remain in your cell at all times unless you are using it to
receive your commissary order, being released or being moved to a different
housing unit.

· 6.
7.

You are only allowed two (2) of any personal hygiene items in your
possession.
You are only allowed ten (10) personal letters in your possession at a time.
Any additional letters may be mailed at your expense or disposed of.

Hygiene

1.

You must brush your teeth at least once a day.

2.

All detainees are required to shower at least three (3) times per week.

3.

Razors may be issued daily in general population. Do not damage or alter
your razor in any manner. Razors are to be used for the sole purpose of
shaving only.

4.

When taking a shower, dress and undress in the shower area only.

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5.

Fingernails should be kept cut to the length of about one-fourth (Y.) of an inch.

Lockdown

1.

When you hear an officer announce the word "LOCKDOWN" go immediately
to your cell. Immediately stop what you are doing and lock down in your cell.
Do not pick up any personal items but go directly to your cell and close the
door behind you. If you are not able to get to your cell for any reason, go to
the nearest wall and lay flat on your stomach with your head facing the wall.

2.

If you are unable to get to your cell during a disturbance or when lockdown is
announced, you must immediately lay face down on the floor. Any detainee
standing will be considered part of the disturbance. It may be necessary for
officers to use force to quell a disturbance.

Meals

1.

All meals will be consumed in your cell unless directed differently by your
officer.

2.

Upon receiving your meal, each detainee is responsible for his or her own
tray. Listen to the officer's instructions and do not talk while they are
speaking.

3.

Line up in an orderly fashion in order to receive your food tray.

4.

Do not ask the officer or trustee for additional food or drink as it is not allowed
by facility rules.

5.

No food items may be saved after a meal; this includes salt, pepper, catsup or
sugar.

6.

When you have finished your meal, DO NOT LEAVE THE SPOON ON THE
TRAY.

Dayroom Rules

1.

All detainees must be fully dressed in a complete uniform. A complete
uniform is one (1) shirt, one (1) pair of pants, one (1) pair of socks, one (1)
pair of sandals, bra (females), briefs (male), and a wristband. Thermal
underwear purchased from commissary is permitted if worn UNDER the
uniform shirt and pants.
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2.

No items of clothing shall be worn as headgear and clothing should only be
worn as intended for its purpose.

3.

Do not sit on the tables or put your feet on any furniture.

4.

No mattresses, sheets, pillows or blankets are allowed in the dayroom.

5.

Do not sit or hang out on the stairs.

6.

Do not climb on the railings.

7.

Do not Jean forward or backward in chairs.

8.

Do not sit on the floor.

9.

Do not communicate in any manner with detainees who are locked in their
cells.

10.

Do not Jean over the rail or yell to others from one level to another.

11.

Do not throw items in the dayroom or from level to level.

12.

Do not cross the red Jines around the officer's work station or restricted areas
without the officer's permission.

13.

You must ask the officer permission to enter the outdoor recreation room.

14.

Do not touch anything on or around the officer's work station.

15.

Report immediately when called by the housing unit officer.

16.

Use common courtesy when dealing with officers and other detainees.

17.

Respect the housing unit officer's authority. The officer is in charge of your
housing unit. Ask questions in a reasonable manner.

18.

Do not leave soap, empty containers, or garbage in the shower area.

19.

Help keep the dayroom, shower area and outdoor recreation room clean.

20.

The officer determines what channel the televisions will be on. You may
REQUEST a show that you would like to view.

21.

Excessive noise is not permitted.

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22.

All rules and procedures of the facility apply to the dayroom.

23.

You are not allowed to keep any item from your food tray to eat at a later
time. This includes, but is not limited to, fruit, butter and sugar.

24.

You are not allowed to keep any empty beverage bottles. Once they are
empty, they are to be thrown out. Filling the empty beverage bottle with water
or anything else is NOT permitted.

25.

You are not allowed to alter, change, or modify ANY purchased item or issued
item in any way. Items altered, changed, or modified, other than their
intended use, WILL be considered as CONTRABAND.

26.

Do not leave your cell door open for any reason. It needs to be closed after
you enter the cell and when you exit the cell.

27.

Do not prop open the Multipurpose Room door (50) for any reason.

28.

Do not prop open the Outdoor Recreation Room door (51) for any reason.
The housing unit officer may prop this door open to cool the pod if needed,
but this will be their decision and ONLY when absolutely necessary.

29.

Do not take more than two (2) books from the library cart at any time. This
does NOT include religious or program books.

30.

You are required to stand by your bunk for headcounts.

Individual Cell Rules

1.

Keep your cell clean and orderly. Do not leave items on your floor, desk or
bed.

2.

You are prohibited from storing items under your mattress or in your mattress
cover. Items are to be stored in your property bag.

3.

All commissary items should be stored in your property bag.

4.

Do not paste any items on the walls, ceiling, window or fixtures.

5.

Keep your floor clean and free of property. Nothing except your shoes and
property bag may be stored on the floor.

6.

Do not hang uniform items to dry. The only item that you are allowed to hang
is a towel. The towel can only hang in an area that does NOT block the light
or officer's view.

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7.

Do not tape, paste or attach anything over the cell air vent.

8.

Do not cover your light in any manner.

9.

Do not throw garbage of any kind in your cell toilet.

10.

Your bed will be made daily. The only time you are allowed under the blanket
is during sleeping hours of 10:00 PM to 6:30 AM. You may only lie under
your blanket during non-sleeping hours if you have permission.

11.

You must be in your bunk by midnight.

12.

Do not sit on your desk, stand on your desk, or use your desk for exercising.

13.

Nothing will be taped to bunk beds. Towels and washcloths are allowed to be
draped temporarily for drying purposes only.

14.

Your cell will be inspected by the housing unit officer on a daily basis.

15.

Your cell will be inspected before you are assigned to it and before you are
released from it. Any damage or writing on the walls, ceiling, floor or fixtures
will result in disciplinary action, restitution and/or criminal prosecution. Cells
are also checked during random and routine searches and shakedowns.
Detainee Programs

There are a number of services and programs available to you to participate in while
incarcerated at the KCAJC. Not all programs are available to all housing units.
Some of the services and programs listed below are conducted by volunteers. You are
expected to respect them as a show of appreciation for the time they are giving you. If
you socialize with other detainees, distract or disrupt the service or program, or in any
way show disrespect to the volunteer or other group members, you will be removed and
issued a disciplinary ticket.
A schedule of programs available in your housing unit will be posted in your housing
unit. This list will contain the days and time programs will be offered. The schedule may
change at any time so be sure to check frequently. All programs and schedules are
subject to change due to safety and security needs and staff availability. Programs will
not be available while you are locked down.
You do not need to request to attend programs offered in your housing unit. If you would
like to attend programs not offered in your pod or have a request for programs other
than what is offered, write to the chaplain on the kiosk.

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Religious Services
Attempts are made to accommodate all religions and denominations. If you have a
specific request, please write a request on the kiosk system to the chaplain.
•

Worship and Church Services - Worship services are held on the weekends.
Feel free to participate in any worship service offered in your housing unit.

•

Bible Study - Bible study groups are held throughout the week depending on
your housing unit's schedule. Feel free to participate in any bible study group
offered in your housing unit.

•

Chaplain I Book Cart Services - Chaplains are scheduled to visit each housing
unit throughout the week. Chaplains are here to help you deal with religious
issues and distribute religious materials, such as Bibles. Feel free to speak to a
chaplain when they visit your housing unit.

Substance Abuse Programs
KCAJC offers several substance abuse programs including:
•

Alcoholics Anonymous (A.A.)

•

Cocaine Anonymous (C.A.)

These meetings are scheduled for each housing unit. See your housing unit's
schedule to find out when they will be offered in your housing unit.
Parenting Programs
KCAJC offers programs designed for parents including:
•

Transforming Incarcerated Dads (T.l.D.) - This program is a Christian based
fathering program designed to help fathers reconnect with their children and stop
the "cycle of recidivism."

•

Aunt Mary's Storybook - This program allows detainees to connect with their
children by recording their voice reading a book to their child. See the programs
schedule in your housing unit to find out when this program will be offered in your
housing unit.
Medical and Mental Health Services

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Certain medical and mental health services will also be provided to the detainees of
KCAJC. Detainees may make requests for these services on the kiosk under Medical.
Counseling Services - Mental health workers are available to speak with you
individually if you want assistance with personal or family problems.
Medical Services - Doctors and Nurses are employed under contract for your health
care. You must respect and obey their orders.

•

Sick call - The medical staff conducts a sick call to provide medical care for
detainees who request it.

•

Dental call - Dental services are available to detainees who request it.

•

Prescription Medication - If you are prescribed a medication, it will be handed out
as directed by the doctor. All prescribed medication must be swallowed with
water in the presence of the nurse. Any attempt to conceal medication will be
reported to the doctor and a disciplinary ticket will be issued. Unauthorized
possession of any medication is also grounds for a disciplinary ticket being
issued.

Medical Fees

A fee may be charged for medical services received, including sick call, doctor call,
dental call, prescriptions, lab test and x-rays. No one will be denied medical services for
inability to pay. Your detainee funds account will simply be deducted the amount of the
fee. If you wish to participate in any of the above services, please contact Medical
Services by using the kiosk system.
Commissary

A commissary service is available to you for purchase of candy, snacks and personal
hygiene items. Once your order has been placed, the amount of the purchase is
deducted from your account.
If there is a discrepancy with your order, please contact the commissary department.
Your commissary cannot be given to other detainees.
The commissary items that you are allowed to order will vary depending on your
classification level.
•

If you are classified as "Green", you will have no ordering restrictions and may
order any items from the commissary list.

•

If you are classified as "Yellow", you will have limited restrictions of what
commissary you may order.
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•

If you are classified as "Red", you will only be allowed to order basic hygiene
items, stamps, envelopes, legal pad, pencil and eraser from the commissary list.

We reserve the right to restrict the sale of commissary items to detainees who
amass large quantities of products.
Indigent Kits

You will be entitled to an indigent kit once a week if you have a balance of $3.00 (or
less) in your detainee funds account for seven (7) days. The kits cost $3.00 each and
your account will be deducted that amount. You will automatically be placed on the list
to receive a kit if you are eligible. The kits will be distributed as follows: Housing Units
J, 0, H, N, and Medical on Thursdays. Housing Units A, B, C, D, E, and F on Fridays.
Please adhere to the following rules when ordering commissary:

1.

All commissary items must fit into your detainee property bag.

2.

Orders received with no money on account will be cancelled.

3.

You may use the kiosk system to find out the balance of your commissary
account.

4.

Commissary orders will be placed using the kiosk system.

5.

Any fraudulent use of the kiosk system will result in disciplinary action.

Detainee Funds Account

Money received in your name will be credited to your detainee funds account the next
business day. Anyone can deposit money into your account twenty-four (24) hours a
day by using the "Touch Pay Kiosk Machine" located in the front lobby of the facility, or
by telephone: Toll-Free (866) 232-1899, or Online at: www.touchpavdirect.com. No
information regarding your detainee funds account will be given to any member of the
public.
Only money orders are accepted through the mail. Money orders will be limited to fifty
dollars ($50.00) or less. Personal checks are NOT accepted either by mail or in person.
You may check the balance of your funds account by using the kiosk system.
Telephone

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1.

All detainees classified as "Green" or "Yellow'' will have access to the
detainee phones inside the dayroom during recreation time. Detainees
classified as "Red" will have access to the detainee phones once a week on
Sundays during their hour recreation time.

2.

If someone is waiting to use the telephone you will have a ten (10) minute
limit.

3.

All calls must be collect or using a pre-paid calling card ordered from the
commissary department. The facility will not accept any pre-paid calling
cards from outside the facility.

4.

Be aware of the time. ALL calls will be disconnected at 9:00 PM for
lockdown.

5.

You may not use three-way calling to make calls to persons who refuse your
collect calls or to contact any member of the facility.

6.

You are not to call any phone extension in the facility to speak with staff
members.

7.

All calls, including local calls, are collect and are monitored and recorded.

8.

If the person you are attempting to call refuses the call three (3) times, the
system will automatically block that number.

9.

You are not able to call out to pay phone or 1-800 numbers. Answering
machines may cause a problem. The phones that you call require an
ACTIVE acknowledgement of acceptance before a call can be completed.

10.

You may not call any victims or witnesses involved in your case, or as
ordered by court.

11.

Any violation of these rules may result in the loss of your telephone privileges.

12.

You will need your detainee ID number as well as a four (4) digit PIN, which
you will set up. You will need to set up your account prior to using the visiting
phones.

13.

Any phone cards activated under your detainee number can only be used by
you. Once you are released or transferred from the facility, you will lose any
balance remaining on your phone account.

14.

Telephone privileges may be taken away as a disciplinary action.

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Bond Call and Bond Call Phones

Bond call for this facility is held every day, three-hundred and sixty-five (365) days a
year. Bond call will be held at the Kane County Judicial Center on the following
schedule:
•

Monday - Friday at 1:00 PM

•

Weekends and Court Holidays at 8:30 AM

This facility has three (3) phones that can be used by detainees attending a Bond Call
Hearing. Two (2) of the phones are located in the Judicial Lock-Up holding cells used
for bond call. The third phone is located in Intake and Release.
After the hearing is completed, you will be permitted to use these phones to arrange for
bond to be posted. The call will be a FREE three (3) minute call to local areas (Chicago
Metropolitan area) only.
Instructions for Use

1.

Pick up the receiver and follow the prompts.

2.

The call will terminate after three (3) minutes.

All phone calls while you are in custody WILL BE monitored and recorded. This
includes calls made in Intake & Release, the Housing Units, Judicial Lock-up and
the Bond Call Phones.

Consulate Notification

Mexican Consulate-Chicago Illinois
204 S. Ashland Ave.
Chicago, IL 6060
312-738-2383
This number is FREE from the phones provided to you in this facility.
If you are a Foreign National detained in this facility, you have the right to contact your
Consulate. If you wish to make that notification, please send a request to the
Commander of Corrections and arrangements will be made for you to make that FREE
call. You must give the Commander your full name, and country/consulate that you
wish to contact.

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The Sheriff is required to notify select countries, even if you wish NOT to notify your
consulate. Those countries are determined by International Treaties and Federal Law.
Public Visitation

All visits will take place via a video visitation system.
Visits will be scheduled by your family using the internet. This can be done from home
or anywhere with an internet connection. A computer has also been placed in the front
lobby of the facility that can be accessed by the public twenty-four (24) hours a day.
Visits can be scheduled up to four (4) days in advance but must be scheduled at least
one (1) day prior to the appointment.
Visitors will be required to agree to specific rules which they are to follow. This will be
done as part of the visitation scheduling process on the computer.
You will need to submit a list of pre-approved visitors. Only your immediate family is
allowed to visit, this includes:
1.
Grandparents
2.
Parents
3.
Siblings (brothers and sisters)
4.
Children
5.
Grandchildren
6.
Significant Other - this can be any person who is not directly related to you
such as a girlfriend/boyfriend, fiance, etc. You are only allowed to switch your
significant other once every thirty (30) days
This list must be submitted through the kiosk using the visiting folder. Any changes to
your list should be submitted through the kiosk as well. Please use the appropriate
folder when submitting your list. All requests submitted incorrectly will be denied.
On the request, please type the relationship of the person, then their name (exampleBrother John Smith).
All names entered onto your list will be viewable to the public.
You can receive one (1) visiting group per week (Monday-Sunday). A group may
consist of one adult, one adult and one child, or two adults.
The days and times of available visits as well as the length of the visit you are allowed
to receive may vary. A schedule will be posted in your pod or on the kiosk.
A visiting schedule will be posted every day sometime after the evening meal service.
This schedule will list the names and times of all schedule visits for the next day. You
will be responsible for checking the list everv night and making sure that you are
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in the visiting room when your visit starts. If you are not there when your visit
starts, your family will be told that you have denied the visit and they will not be
able to see you at that time. If you are locked down for any reason, it is your
responsibility to notify the officer that you have a visit.

If your family has any questions they can access the Sheriff's Office website
www.kanesheriff.com. This site contains the links to schedule a visit as well as
instructions. They may also contact the facility directly with questions.
If you have any questions you can ask visitation by directly using the kiosk. DO NOT
ASK OFFICERS TO CHECK ON, CHANGE OR MODIFY VISITS OR LISTS.
KCAJC reserves the right to revoke or suspend visiting to individuals or groups when it
poses a threat to safety and/or security or if the person is a protected party.
All visits will be monitored and recorded.
Detainee Property

If you are transferred to the Illinois Department of Corrections (IDOC) all of your
property will be shipped to a recipient of your choice. You will be required to pay for any
shipping fees. You may alternately choose to have the property disposed of.

Linen Exchange

Mattress covers, blankets and towels are all property of the KCAJC. These items will
be exchanged during the evening shift in accordance with the schedule approved by the
shift Lieutenant. Blankets will be exchanged on a monthly basis. Mattress covers and
towels will be exchanged weekly. Officers will conduct a direct one for one exchange.
All items will be checked for damage and appropriate disciplinary action will be taken for
damaged items.
Laundrv

All cells will have their laundry washed (tee shirts, underclothes, uniform pant, and
socks) twice a week during the evening shift. Detainees must place their laundry out as
directed by the officer. Do not tie or bundle your laundry in any manner. If laundry is
tied together in any fashion, it will be returned and not laundered.
Mail

The Kane County Adult Justice Center adheres to a strict policy involving the delivery
and sending of mail from the facility. The policy is in place to eliminate the possibility of
contraband from entering or leaving the facility. The following rules must be followed in
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order to ensure that your mail is properly delivered to you and also received by those
that you are writing to.
All mail will be inspected and/or read and may be reproduced (copied/scanned!.
It may also be withheld from delivery.
Incoming Mail
All incoming mail will be opened and inspected before delivery to you.
Any incoming mail containing contraband will not be delivered to you, but will be
returned to the sender.
Any incoming mail containing (but not limited to) adhesives, gummed areas, tape,
stamps, stickers, staples, paperclips, magazine or newspaper clippings, any type of
photograph, blank papers or cards, blank envelopes, or foreign substances (examples:
glitter, lipstick, perfume or other scents) is not allowed in the facility for security and
safety reasons, and will be returned to the sender.
Incoming mail marked as "LEGAL MAIL" will be opened in your presence and inspected
for contraband.
You may also receive money orders through the mail. These money orders will be
placed on your detainee funds account and you will be given a receipt. All money orders
received through the mail will be limited to fifty dollars ($50.00) or less. NO personal
checks or payroll checks will be accepted. Money orders must be filled out
completely/correctly. All money orders not filled out completely/correctly will be
returned.
No mail containing gang signs, gang colors, gang writing, gang slogans, pictures or
graffiti will be delivered to any detainee within the facility.
No packages are allowed.
You are not allowed to receive mail from any KCAJC employee, volunteer or any other
incarcerated person without authorization from the Commander of Corrections or his
designee.
Outgoing Mail
All outgoing mail must be left unsealed in order for staff to inspect it for outgoing
contraband, unless being mailed to individuals exempt from inspection. In that case,
mail must be labeled "Legal Mail."
The only mail exempt from inspection would be those individuals identified by the Illinois
Department of Corrections' regulations such as lawyers, judges and the Sheriff.
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Outgoing mail must be written on standard stationary. No KCAJC forms are to be sent
out of the facility.
No mail containing gang signs, gang colors, gang writing, gang slogans, pictures or
graffiti will be mailed out from the facility.
No drawing or additional writing is allowed on the outside of outgoing mail envelopes.
The only writing on the envelope should be the name and address of the person to
whom it is being sent and your FULL NAME with your detainee number and the return
address in the upper left hand corner. Any items which violate this rule will not be
allowed out of the facility.
Any outgoing mail not properly addressed will be returned to the sender. Your proper
mailing address while incarcerated is as follows:
Your Full Name and Detainee Number
37W755 Rt. 38, Suite B
St. Charles, IL 60175
You are not allowed to send mail to any KCAJC employee, volunteer or any other
incarcerated person without authorization from the Commander of Corrections or his
designee.
All mail must be sent directly to the intended receiver, NO THIRD PARTY MAIL IS
ALLOWED.
Media
You may receive books, newspapers and magazines (media) from a bookstore or
publisher only. Media sent from Amazon.com will not be accepted.
All media will be inspected prior to being delivered to you to ensure that they are
appropriate for the facility. Certain media may be deemed unacceptable based on
content. If you are unsure if the media is acceptable, please contact the mail room on
the kiosk prior to having it sent to you.
All media must be in new condition. Media received which is in used condition will not
be accepted. Any media containing notes or hand written statements will be returned.
All media must be in paperback/softcover form. No hard covered or leather bound
media will be accepted.
You are only allowed to have two (2) books, newspapers or magazines at a time.
Additional items may be mailed out at your expense or disposed of in the officer's
presence. We do not hold books for anyone.
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Media must meet all other mail standards to be acceptable. (Example: magazines
containing staples will not be delivered to you). The KCAJC can send any of these
media items which do not meet the other mail standards to your home address at your
expense.
Appeal

Any mail item not meeting facility standards will be returned to sender and notify the
sender that the mail has been denied and the reason for denial. A receipt will be sent to
you informing you of the reason it was returned.
You may appeal the denial within seven (7) days of receiving the receipt. Your appeal
must be sent to the Commander of Corrections or his/her designee.
The sender may also appeal the denial within twenty (20) days of the posted date of the
denial notification. These appeals must be made in writing to the Commander of
Corrections, or his/or designee, and sent to the Kane County Adult Justice Center,
37W755 Illinois Route 38, Suite A, St. Charles, IL 60175.

IF YOU HAVE ANY QUESTIONS OR DO NOT UNDERSTAND SOMETHING, ASK
YOUR HOUSING UNIT OFFICER.

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