Ill. Admin. Code tit. 20, § 525.310 - Request for Permission to Marry
a) Marriage between two offenders confined in
Department facilities shall be prohibited.
b) An offender who wishes to become married
shall submit a written request to the Chief Administrative Officer a minimum of
30 days in advance of the date requested for the marriage ceremony.
1) The notice shall include the name and
address of the intended spouse and a description of any actions which have been
taken in obtaining a marriage license and in complying with applicable
provisions of the law.
2) All
financial obligations shall be the responsibility of the offended or the
intended spouse.
3) A request for a
transition center leave may be submitted at the same time as the request to
marry. The request shall be reviewed in accordance with 20 Ill. Adm. Code 530:
Subpart D.
c) The
facility chaplain or an individual designated by the Chief Administrative
Officer shall conduct a pre-marital counseling session with the offender or the
intended spouse or both.
d) The
Chief Administrative Officer shall review the request to marry and shall
approve or deny the request based on security concerns, the best interest of
the offender, or other legitimate penological interests. The Chief
Administrative Officer's decision regarding the request to marry and, if
applicable, the leave request, shall be made in writing. Acopy of the written
decision shall be provided to the offender.
e) Except as provided in Section
525.310(f),
the facility shall make its chapel or another suitable location available for
the performance of the approved marriage ceremony.
1) The facility's chaplain shall review the
type of ceremony that is requested and refer a description of the proposed
ceremony to the Chief Administrative Officer for approval.
2) Witnesses and guests shall not exceed 6 in
number, excluding the officiating clergyman. Witnesses and guests must be on
the offender's approved visiting list, except as otherwise approved by the
Chief Administrative Officer.
3)
Facilities for the consummation of marriages or for a reception shall not be
provided.
f) The
marriage ceremony and reception, if any, of an offender housed at a transition
center shall be at the offender's or intended spouse's expense and at a
suitable location in the free community as approved by the Chief Administrative
Officer.
Notes
Amended at 27 Ill. Reg. 8039, effective July 1, 2003
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