Crime & Traffic

People who are incarcerated still have rights, including protection from discrimination, assault, and excessive force. It can be hard to know what to do if your loved one’s rights have been violated in an Illinois Department of Corrections (IDOC) facility. This article provides an overview of the steps you can take if this happens, including how to use the inmate grievance process and other ways you can advocate for your loved one. 

The grievance process

If your loved one believes their rights have been violated, they may want to file a lawsuit for damages or for a court order to stop the violations. However, before they can file a lawsuit they must go through IDOC’s grievance process. This is a complaint process that is handled by the prison. Skipping this grievance process could mean that they will be stopped from successfully suing. If an incarcerated individual has their claim dismissed three times, they may not be able to file another claim. This applies to any IDOC facility your loved one is kept in. 

Filing a grievance

The grievance form must:

• Be filed by the incarcerated person,
• Be filed within 60 days of the incident, and
• Be as detailed as possible.

If your loved one is unsure about the status of their grievance, they should keep asking their counselor for updates. Your loved one should make a note of any time they ask about the status of their grievance and the response they get from their counselor. It helps to keep track of the date that they asked for a status update and who they spoke with.

Your loved one should be careful about how many grievances they file. A grievance that is not serious could lead to a loss of 6 months of good time or time in segregation. This is more likely to happen if a person files a lot of grievances.

For more information on the grievance procedure and what to include in your grievance form, see the Uptown People’s Law Center Inmate Grievance Procedure Handout. A Spanish version of the grievance guide is also available.

Medical grievances

People in prison also have the right to have their serious medical needs addressed. Your loved one will need to go through the grievance process above if they are not getting the care they need. If it is an emergency, they should select the box on the grievance form that says “emergency.”

After going through the grievance process, your loved one may be able to file a lawsuit. Keep in mind, however, that these lawsuits are very difficult to bring because they require hiring medical experts to prove that your loved one didn’t get proper care. Hiring medical experts can be very expensive, which is why many lawyers do not take these cases. Still, it’s important to contact a lawyer so they can help you understand your options and advise you on the best steps to take if your loved one's medical rights have been violated. Another option that your loved one has is to file a “motion for appointment of counsel.” The court may be able to appoint an attorney to the case after it is properly filed.

One of the best things you can do for your loved one is to advocate on their behalf if they are not getting the medical care they need. The more people that contact IDOC, the more likely you are to see results. 

How to advocate for medical care

Here are some ways you can advocate for your loved one:

• Contact the Family Liaison at the Constituent Services Office and tell them about the situation and your concerns,
• Call the prison and ask to speak to the Health Care Unit Administrator,
• Contact your legislator and ask that they call the prison facility, and
• Contact the Agency Medical Director and ask that they call the prison facility.

When speaking to the Family Liaison or the Health Care Unit Administrator, you may want to ask for the Agency Medical Director’s contact information.

When talking to others about your loved one's health concerns, it can help to have a medical release form. This form lets medical staff share health information with you. See below for more details on the medical release process.

Keep records of all responses and communications. Be persistent and keep following up with the prison, medical staff, and legislators if you don’t see results.

While none of these things guarantees that your loved one will be seen, they can help draw attention to the situation. 

Getting information about your loved one's condition

If you want information about your loved one’s medical condition, they will need to fill out and sign a Release Form to allow medical staff to share information with you. There are separate forms for medical and mental health information. Keep in mind that even with these forms, medical staff are not required to provide you with information.

Incarcerated people have the right to see their own medical records under HIPAA. Your loved one should submit a request with the facility to access their medical records.

If you have power of attorney, you may be able to make decisions for your loved ones, but only if they are unable to make those decisions themselves. If you do not have power of attorney, the warden has the power of attorney. Power of attorney doesn’t give you more rights than your loved one would have. 

More information

For more information and resources about prisoner’s rights, visit the Uptown People’s Law Center’s website. 

If you are a family member or loved one of someone in prison, you may find additional support through Restore Justice’s Loved Ones Self-Advocacy Training. These trainings are designed to help families better navigate the prison system, advocate for their loved ones, and connect with others facing similar challenges.