Section 110.5  Definitions

 

"Assessment of Individual Rights" means an assessment tool used to evaluate a person's capacity to exercise their rights and make informed decisions.  It is performed at the time of admission and during the annual review and is designed to ensure that a person receiving services can exercise their rights as described under Article 1 of the Mental Health and Developmental Disabilities Code.

 

"Code" means the Mental Health and Developmental Disabilities Code [405 ILCS 5].

 

"Contraband Items" or "Contraband" means items that are illegal for a recipient to have in their possession or that are legal but considered dangerous for recipients to have on units, in accordance with Section 110.30(a)(2) and (d).  Such items shall be confiscated by staff of the Security Department and turned over to the proper authorities or destroyed.

 

"Department" or "DHS" means the Department of Human Services.

 

"Department Facility" means a State-operated mental health facility or a State-operated developmental disability facility as defined by the Mental Health and Developmental Disabilities Code [405 ILCS 5].  "Department facility" does not refer to a treatment and detention facility.

 

"Facility Resource Unit" means a facility entity commonly known as a Patient Resource Unit (PRU) or Resident Resource Unit (RRU) which operates under the oversight of the facility's Business Office. 

 

"Guardian" or "guardian of the person or estate" means a court-appointed guardian of the person or estate as described in 755 ILCS 5/11a-3 with specific authority to make decisions concerning the recipient's financial transactions or their care.

 

"Human Rights Committee" means a committee established by each Department facility, consisting of at least five members, including at least one individual receiving services or their guardian.  At least one-third of the members shall be persons not associated with the Department, and no more than half of the members may be employed by the Department.  The committee is responsible for reviewing and monitoring restrictions of individual rights, ensuring informed consent, and promoting the protection and restoration of rights in accordance with State and federal law.

 

"Informed Consent" means permission voluntarily granted by the recipient or guardian of the person or estate for the release of information, for participation in the program services specified in the treatment plan, for the use of a specific procedure in the plan, or for designating the facility as representative payee, as applicable.  Informed consent means full disclosure to the recipient or guardian of the information required for them to make the decision.

 

"Recipient" means a person who has received or is receiving treatment or habilitation at a Department facility.

 

"Restricted Items" means lawful items that may be returned to the recipient or their designee upon discharge but are restricted in accordance with Section 110.30 (a)(1).  Such items shall be restricted from being in the possession of the recipient while a recipient is at the Department facility.

 

"Restriction of Rights" means the legal limitation or withdrawal of an individual's rights issued in accordance with Section 2-201 of the Mental Health and Developmental Disabilities Code.

 

"Treatment Team"

 

At State operated mental health facilities:

 

The treatment team at all State operated mental health facilities is comprised of an interdisciplinary team of clinicians who are responsible for developing individualized treatment plans for all recipients admitted into a State operated mental health facility.  In addition, the treatment team is responsible for ensuring that all direct care staff are tasked with the implementation of goals developed by the treatment team for every recipient who requires psychiatric stabilization.  Additionally, the treatment team identifies treatment issues, barriers, and makes recommendations towards each recipient's discharge planning process.  Every treatment team is assembled at the facility level to ensure the specific individualized needs of every recipient are appropriately addressed.

 

At State operated developmental disability facilities:

 

The treatment team at all State operated developmental disability facilities is comprised of an interdisciplinary team consisting of clinicians, professionals, paraprofessionals, and non-professionals who possess the knowledge and expertise to assess and identify a recipient's strengths, needs, and preferences for the development and implementation of an Individualized Service Plan and related programming. 

 

"Trust Fund" means a recipient's account which is established upon authorization by the recipient or their guardian of the person or estate to maintain personal funds. 

 

(Source:  Amended at 49 Ill. Reg. 14118, effective October 9, 2025)

 

Section 110.10  Disposition of Unclaimed Personal Property

 

a)         Personal property of recipients left unclaimed at a Department facility for two years, after due notification to the recipients or their representatives, shall be sold, and the money deposited in the service recipient activity fund as described in 59 Ill. Adm. Code 101.20 (also known as Other Special Trust Fund #1139) Service Recipients Activity Fund (see Section 20 of the Mental Health and Developmental Disabilities Administrative Act [20 ILCS 1705/20]).

 

b)         Items that have a total estimated value of $1,000 or more shall be advertised for sale at least seven days prior to the time of being sold.

 

c)         If no acceptable offers are received to the advertisement, the property will then be sold in a manner considered most advantageous to the facility.

 

d)         Information regarding the sale of unclaimed items of personal property shall be recorded in the recipient's record, whenever possible.

 

(Source:  Amended at 49 Ill. Reg. 14118, effective October 9, 2025)

 

Section 110.20  Handling of Recipient's Personal Property Other Than Clothing

 

a)         Introduction

 

1)         When a recipient is admitted to a Department facility, such recipient or the recipient's guardian of the person or estate may authorize the facility to establish a trust fund account in accordance with Section 20 of the Mental Health and Developmental Disabilities Administrative Act [20 ILCS 1705/20], using form IL462-0623, Trust Fund Deposit Authorization.  Any monetary assets in the recipient's possession at the time of admission may be deposited in such an account.  The recipient shall be advised that:

 

A)        The recipient may retain money and deposit it in a financial institution or use it as the recipient chooses, unless the recipient is a minor or is prohibited from doing so under a court guardianship order, in accordance with Section 2-105 of the Code.

 

B)        The recipient may revoke the authorization for the trust fund account, using form IL462-0623C, Revocation of Authorization.

 

C)        Any funds deposited in the trust fund shall earn interest based on the end of the month balance.  If funds are withdrawn prior to the end of the month, no interest will be paid on withdrawn funds for the period.

 

2)         Accounting records shall provide separate entries for those funds (checks) designated to the recipient and those funds (such as checks from the Social Security Administration, Railroad Retirement, or the Veterans' Administration) designated to the facility for cost of care charges on behalf of the recipient. Only qualified clinical personnel at the facility can make statements or answer questions on applications for a Center Director to be selected as payee of these benefits which relate to the recipient's ability to manage their own funds.

 

3)         Except when a recipient or the guardian of the person or estate has given informed consent, no facility nor any of its employees shall be made representative payee for the recipient's Social Security pension, annuity, trust fund, or any other form of direct payment or assistance, as provided by Section 2-105 of the Code. When a facility is selected as representative payee, benefit checks are credited to the recipient's trust fund account.  The amount which is allowed by the payor shall be set aside for the recipient's personal needs prior to establishing services charges pursuant to 59 Ill. Adm. Code 106.25.

 

4)         The allowable reserve exemption, as defined in 59 Ill. Adm. Code 106.15 and clarified in 59 Ill. Adm. Code 106.45(g) and (h), shall not be used for services charges.  The allowable reserve exemption from all sources cannot exceed that established by the Illinois Department of Healthcare and Family Services at 89 Ill. Adm. Code 120.382.  The recipient's allowable reserve exemption can only be increased by the unused portions of the monthly personal clothing allowance or unspent workshop or other monetary incentive funds such as living skills program funds.  Amounts exceeding those allocated for the recipient's personal use are applied to the services charges of the recipient.  Payments to be paid by the recipient for services charges may not be deferred to build a reserve up to the maximum amount allowed.  The reserve fund can be used by the recipient in support of discharge planning, or other needs as determined by the recipient or guardian of the person or estate, or in the case of a recipient still hospitalized at a State operated mental health facility at the time of death, for burial.

 

5)         Recipients without guardians of the person or estate with trust funds shall be asked to sign form IL462-0623, Trust Fund Deposit Authorization. A guardian of the person or estate will be asked to sign form IL462-0623 for recipients.

 

6)         The facility resource unit shall be notified immediately whenever any recipient or guardian of the person or estate refuses to sign form IL462-0623. If the recipient or guardian of the person or estate does not sign form IL462-0623, no funds from the recipient's trust fund made payable to the recipient may be used to defray services charges without a court order.  Recipients without a guardian of the person or estate whose funds are payable to themselves shall be billed for services charges and collection shall proceed as provided by Section 5-113 of the Code and the Department's rules at 59 Ill. Adm. Code 106.

 

7)         When a recipient is admitted to the Department facility, all personal property shall be deposited in the business office or a facility designated area for safekeeping if authorized by the recipient or guardian of the person or estate.

 

8)         Vault access keys shall not be given to any person other than authorized Department staff.  Bank vault property may be accessed by the recipient or guardian of the person or estate through standard operating procedures of each facility. If a person other than the guardian of the person or estate has obtained a court order for the release of bank vault property and presents this order to the facility director or designee, the authorized Department staff shall be immediately notified so that the bank vault property may be accessed. The business office shall report any physical document issued by a bank to a recipient indicating potential outside funds to the facility resource unit immediately upon possession or as soon thereafter as possible.

 

b)         Discharge

For those recipients who have received Social Security benefits, the facility director or designee must notify the Social Security Administration within 10 working days after these recipients are discharged.

 

1)         Recipients without a guardian of the person or guardian of the estate (including veterans)

 

A)        Authorization must be secured in writing to expend monies or release property of recipients who do not have a guardian of the person or estate for any purpose, including services charges, except when the facility has been named payee by the Social Security Administration, Railroad Retirement Board, or named the legal custodian by the Veterans' Administration. The facility's authority to disburse funds from the trust fund without the recipient's or the recipient's guardian's authorization shall be limited to those funds made payable to the facility as a payee or agent of the recipient.

 

B)        When discharge plans have been made, the facility director shall designate an employee to discuss with the recipient or the recipient's guardian of the person or estate the disposition of monies remaining in the trust fund account. The discussion must include the following information:

 

i)          The recipient applying for or approved for assistance from the Department of Human Services or the Department of Healthcare and Family Services is subject to the rules of that agency depending on the amount of assets owned at the time of the recipient's admission.

 

ii)         The recipient may take their funds with them to the place where the recipient will be living or may arrange for an alternative disposition of all or part of their money such as checking or savings accounts. The facility shall comply with the recipient's or the recipient's properly empowered guardian's wishes regarding the disposition of the recipient's funds, excluding those funds designated for the recipient's care at the Department facility.

 

iii)        If there are amounts due for services charges, the recipient or the recipient's guardian of the person or estate can, at that time, authorize the release of funds for payment and, if payment from the trust fund is not authorized toward services charges due, the recipient will be billed and will be subject to collection procedures in accordance with Section 5-113 of the Code.

 

iv)        Eligibility of the recipient for programs administered by the Department of Human Services and the Department of Healthcare and Family Services when applicable.

 

v)         The amount of money appropriate for a person placed in a long-term care facility as defined by the Nursing Home Care Act [210 ILCS 45] or placed in a community-integrated living arrangement as defined by Section 3(d) of the Community-Integrated Living Arrangements Licensure and Certification Act [210 ILCS 135] and discussion of how best to handle that sum and any excess (see subsection (c)(1)(B)(ii) of this Section).

 

2)         Legally disabled veterans and veterans' legally disabled beneficiaries (funds received from the Veterans' Administration)

An amount not to exceed that allowed by the Veteran's Administration (38 U.S.C. 521, 541 and 542 (1996)) may be released to the recipient, responsible relative, or guardian of the person or estate pending receipt of instructions from the Veterans' Administration by the facility regarding the trust fund balance of funds received from the Veterans' Administration. A copy of instructions received from the Veterans' Administration shall be sent to the facility resource unit.

 

3)         Legally disabled recipients

 

A)        If there is a court-appointed guardian of the person or estate, the guardian shall be notified regarding the trust fund balance and unpaid services charges and instructions shall be secured from the guardian. In such cases, any assets or personal effects released to the guardian of the person or estate, the date of discharge and amount of money or list of effects released, and the date of release shall be immediately reported to the facility resource unit.

 

B)        If there is no guardian of the person or estate, the funding source shall be notified of the imminent discharge of the recipient with a request that the funding source name an appropriate representative payee. If the recipient is not eligible for public assistance, an attempt shall be made to restore the recipient to non-legally disabled status in the local court. If the facility believes that the recipient is non-restorable and in need of guardianship, the facility director or designee shall investigate guardianship alternatives. The facility resource unit shall be notified when any legally disabled recipient is to be discharged.

 

C)        When the recipient is discharged, the facility director or designee shall advise the facility resource unit regarding the remaining balance in the trust fund account, source of funds, and other pertinent details such as disbursement restrictions, discharge needs, and location of bank accounts.

 

c)         Death

 

1)         The facility director or designee may authorize the arrangements for the burial of a recipient and the necessary expenses connected with such burial at a cost that is reasonable and necessary.  The amount should take into consideration the average cost of a burial for the region as well as cultural or religious preferences and should subtract any federal or State benefits the recipient is entitled to and any pre-burial services the recipient has purchased, including, but not limited to, benefits from the Veterans' Administration, the Social Security Administration, and pre-paid burial plots and expenses.  Plans for burial shall be arranged by the facility director or designee in situations when the recipient has no rightful heirs.  Payments to funeral directors shall be made only on receipt of itemized statements and only for the amount authorized.

 

2)         Facility staff shall determine if the recipient had life insurance, and shall report the amount of the policy, name of the beneficiary, name of the insurance company, and policy number or numbers to the facility resource unit.

 

3)         Upon receipt of a certified copy of Letters of Administration, Letters Testamentary, or a properly executed Small Estates Affidavit, disbursement shall be made of the trust fund balances. Information regarding release of such funds shall be reported immediately to the facility resource unit.

 

4)         Lump-sum benefits

 

A)        Recipients of Social Security benefits who have wage records are entitled to lump-sum benefits for burial of three times the amount of the monthly benefit, except that the maximum lump-sum payment shall not exceed $255.00.

 

B)        Relatives shall be advised of any lump-sum entitlement and shall be informed that they should make their own arrangements for the recipient's burial, and that they should request payment of the lump-sum benefit directly from the Social Security Administration. If the trust fund accumulation is used for burial, the facility director or designee shall make a claim to the Social Security Administration for the lump-sum benefit as trustee of the recipient's funds. The Social Security Administration will also reimburse the facility if the funeral expense is paid from a General Revenue Fund appropriation. The amount of the lump-sum death benefit shall be reported to the facility resource unit when received. When full charges for services have not been satisfied, billing shall be issued for any unpaid amount taking into account the balance in the trust fund. When balances are reported to the Social Security Administration, the amount of unpaid services charges should also be reported.

 

5)         If the recipient's estate is not admitted to Probate, the facility resource unit shall issue billing against the trust fund account of the decedent for any balance remaining, up to the amount of unpaid balance, based on the maximum per capita services charges (59 Ill. Adm. Code 106.25).

 

d)         Discharge to community placement

 

1)         State-operated mental health facility responsibilities for discharge of a recipient to a community placement include the following:

 

A)        In determining charges for the services of a recipient to be placed in the community placement program, consideration shall be given to the recipient's immediate needs and eligibility for public assistance based upon information available to the facility at the time of discharge preparation.  Any financial information available shall, whenever possible, include real time data and the community agency shall obtain the most accurate financial accounting status on the online portal for the payor source (e.g., SSDI, HFS, etc.).  A report shall be made for all recipients in the community placement program.  A financial questionnaire for aftercare services will be provided to the community agency at the time of discharge from any Department facility.

 

B)        If there is a trust fund balance, this information shall be sent to the facility resource unit. Recipients to be discharged and placed in nursing homes or sheltered-care homes may have the reserve funds from the trust fund used to pay for their care in the home if they are otherwise eligible for public assistance, except that the funds in the trust fund plus other liquid assets cannot exceed the amount set forth in Department of Healthcare and Family Services rules at 89 Ill. Adm. Code 120.382.  Money from the trust fund may be so used only to the extent permitted by the Department of Human Services and the Department of Healthcare and Family Services to enable the recipient to receive public assistance on discharge from the facility.

 

2)         State-operated developmental disability facility responsibilities for discharge of a recipient to a community placement include the following:

 

A)        Each State-operated developmental disability facility shall have procedures in place which address accountability of a recipient's property.  Each recipient being discharged to a community placement should transition with all of their personal property. 

 

B)        If there is a Recipient Trust Account balance, these funds and a summary detailing the amount and purpose of each sub-account will be released to the recipient, recipient's guardian, or the Community Service Provider, depending on the protocol guidelines associated with the discharge service type and setting.  Any irrevocable funeral or death funds shall be reported under a sub-account.  This release of funds will take place after the facility has ensured that all liabilities have been paid.  Any federal benefit monies that are not payable to the State are returned to the Federal Payee source. Upon discharge of the recipient to the community, the facility will provide notice of pre-paid funeral and/or death benefits.

 

e)         General − State-operated mental health facilities

 

1)         All trust fund balances for discharged recipients shall be reported to the facility resource unit and shall show the net balance available for use in establishing charges for services. Facility claims for clothing shall be deducted before reporting this balance. Money credited on commissary cards shall be included in the balance.

 

2)         All trust fund balances for deceased recipients shall be reported to the facility resource unit and shall show, in detail, all burial and death benefits.

 

3)         Facilities shall not remit funds to pay services charges until receipt of an official billing statement. Funds may be remitted to pay services charges from recipient trust funds only if the recipient or the recipient's guardian of the person or estate, has consented.

 

(Source:  Amended at 49 Ill. Reg. 14118, effective October 9, 2025)

 

Section 110.30  Personal Property in Department Facilities

 

a)         Recipients may possess a reasonable amount of personal property for personal use under the following conditions:

 

1)         Possession and use of certain classes of property may be restricted by the facility director or designee when necessary to protect the recipient or others from harm, provided that notice of such restriction shall be given to all recipients upon admission so long as the restriction does not otherwise conflict with the rights provided in this Section.

 

2)         Upon admission of a recipient to a Department facility, staff shall inform the recipient or guardian and confiscate any personal property identified as contraband and any personal property identified as restricted items.  Upon arrival at the facility, the recipient's belongings will be inventoried and checked against the contraband and restricted items list.  Items that are contraband/restricted will not be given to the recipient.  Staff shall notify the recipient of the contraband and restricted items, shall dispose of any illegal contraband items, and shall determine whether other contraband or restricted items should be stored in a secure space or, with the recipient's permission, returned to the recipient's guardian of the person or estate, a family member, or friend. 

 

3)         Property must be approved by the facility director or designee prior to use pursuant to Section 2-104 of the Code.  Any personal property that the facility director or designee determines, in the exercise of its professional judgment, may pose harm to the recipient or to others shall be restricted.  Property shall not be restricted on political, philosophical or religious grounds.  Property intended as a medically reasonable accommodation of a known disability shall not be restricted except when determined by the facility director or designee, in exercise of their professional judgment, that the accommodation may pose harm to the recipient or others.  A restriction of rights shall be issued in accordance with the Mental Health and Developmental Disabilities Code [405 ILCS 5/2-201] within 48 hours.  When the restriction of rights is issued, the treatment team member shall inform the recipient of their ability to request a review under subsection (a)(5).  The recipient will have the option of placing the personal property in storage or returning it to its place of origin.

 

A)        Personal property approved for usage by a recipient may not be shared with any other recipient unless the second recipient is approved for such usage in accordance with this Section.  Violation of this subsection (a)(3)(A) may result in a restriction of rights, including loss of use of the shared property, as determined by the facility director or designee exercising its professional judgment.

 

B)        Recipients may request prior approval from the facility director or designee, in accordance with subsection (a)(3), for any property the recipient intends to have sent to the facility or intends to receive during visits with family or friends, but are not required to seek prior approval.  Property that has not been submitted for prior approval must nonetheless be subject to the approval process, in accordance with subsection (a)(3) and comply with all other Sections of this Part before a recipient may have access to it.

 

C)        Once approved by the facility director or designee, personal property must be inspected by designated facility staff prior to entering the treatment or residential unit.  Items approved for possession by a recipient may be indelibly marked or identified as belonging to that recipient prior to entering the unit.

 

D)        Media and media storage devices, including but not limited to physical, print, digital, and electronic media, such as cell phones, hotspots, tablets, headphones, wireless equipment, tapes, DVDs, CDs, video games, digital music players (MP3 players, iPods, etc.), and related items, shall be considered personal property and are subject to this Section, except as noted in subsection (c).

 

E)        Personal computers, laptops, peripherals, and related items are covered by 59 Ill. Adm. Code 109.

 

4)         Property maintained in each recipient's room must fit within available storage space.  In addition to the storage available in each recipient's room, each recipient will be permitted a designated amount of storage for personal property and for clothing.  The facility may set limits on off-unit storage in accordance with the Mental Health and Developmental Disabilities Code [405 ILCS 5/2-104].  Additional space may be made available for storage of medically-approved reasonable accommodations for a known disability.

 

5)         If a recipient residing in a State-operated mental health facility does not agree with the decision of the facility director or designee concerning the restriction of an item, the recipient may request a review of that decision.  Decisions concerning contraband or items on the restricted list in subsection (a)(1) are not subject to review.

 

A)        All such requests shall be forwarded to the facility director or designee, who shall assign a clinician, who did not take part in the original decision, to review the decision.

 

B)        The recipient who requested the review shall have the opportunity to speak with the clinician performing the review before a recommendation is issued.  The assigned clinician shall schedule to speak with the recipient requesting the review within 10 days after being assigned.  If the recipient does not wish to speak, that position shall be noted in the recommendation.

 

C)        Within two weeks after being assigned the request to review, the clinician shall issue a recommendation, with a copy going to the recipient who requested the review, another going to the treatment team, and a third going to the facility director.  The facility director shall evaluate the recommendation of the clinician and make a final decision.

 

6)         When a recipient admitted or residing in a State operated developmental disability facility has an "Assessment of Individual Rights" by the facility director or designee to determine any needed limitation or restriction of personal property due to the recipient's judgement or lack of skills:

 

A)        The facility director or designee's decision regarding limitations or restrictions of the recipient's personal property must be documented in the Individual Support Plan (ISP) and must be reviewed and approved by the Human Rights Committee.  The "Assessment of Individual Rights" shall be reflected in the ISP.

 

B)        If the facility director or designee incorporates restriction of the recipient's personal property into a behavior intervention program (BIP), that program must have approval of the Behavior Intervention Committee and the Human Rights Committee and the recipient's or guardian's consent, as applicable, prior to initiation of the program.

 

C)        Emergency Restriction of Personal Property:  When a situation occurs where the use or continued use, or the manner in which personal property is used, may result in harm to the recipient or to others or may infringe on the rights of others, the restriction of personal property may be implemented in accordance with the facility guidelines. 

 

b)         Use and Possession of Recipient Money in Department Facilities

 

1)         If a recipient chooses to keep personal funds for use, those funds shall be kept in accordance with Section 110.20.  If a recipient's personal funds are deposited in a facility-created trust fund account, Quarterly Reports of Individual Trust Fund transactions that are issued will be forwarded directly to the recipient or the guardian of the person or estate when issued.  Treatment team members may review trust fund transactions only upon good cause and the approval of the facility director or designee.

 

2)         A recipient may use their personal funds as the recipient chooses, provided the use of any property purchased complies with subsection (a).

 

A)        A facility may monitor the outgoing purchases a recipient makes only if that recipient is subject to a do not call/no contact list, an order of protection, or a relevant restriction of rights issued pursuant to the Mental Health and Developmental Disabilities Code [405 ILCS 5/2-201].

 

B)        A recipient's access to personal funds shall only be restricted if the recipient's treatment team makes a professional clinical judgment that unrestricted access creates a harm to the recipient or others.  If access is restricted, a restriction of rights notice shall be completed in accordance with the Mental Health and Developmental Disabilities Code [405 ILCS 5/2-201].

 

C)        A recipient shall be required to fill out a withdrawal form before using their personal funds held within the trust fund.  The facility staff may, and must if requested, advise the recipient if property the recipient intends to purchase is not likely to be approved for use in accordance with subsection (a)(3), but prior approval shall not be required before a recipient may use their personal funds.

 

D)        If a recipient withdraws all, or substantially all, of the money in the trust fund at one time, the treatment team shall be immediately notified.  The facility director or designee may establish a minimal amount that may be withdrawn at one time that will not require notice to the treatment team notwithstanding the notification requirement.

 

3)         Recipients may use funds at facility vending machines and at commissaries, where available.  Facilities may offer a debit card or other system for such purposes.

 

c)         Media Usage

 

1)         For the purpose of this Section, "media" means electronic and digital media (e.g., cell phones, tablets, televisions, etc.), print media (e.g., newspapers, magazines, books, etc.), audio media (e.g., records, cassette tapes, compact discs, etc.), visual media (e.g., video tapes, video games and associated paraphernalia, DVDs, blank media (blank tape cassettes, blank video tapes, blank compact disks, etc.), media storage devices (e.g., MP3 players, iPods, etc.), digital audio files (e.g., MP3 files, iTunes, etc.), and related items.  Media is a type of property and subject to the provisions of this Section.

 

2)         DVD/CD/Video Game Usage

 

A)        Recipient Use:  Personal property approved by the facility director or designee for usage by a recipient may not be shared with any other recipient unless the second recipient is approved for such usage in accordance with subsection (a)(3).

 

B)        Group Use:  Facility staff may allow DVD/CD usage for group display/usage.  In such cases, the facility director or designee shall exercise their professional clinical judgment to determine appropriate DVD/CD usage, taking into account the risk of harm to all possible users.

 

C)        DVDs or video tapes shall not be categorically restricted on the basis of their Motion Picture Association Rating.  Recipients shall be able to possess DVDs with PG-13 and R-ratings without restriction unless an individualized professional clinical judgment is made in accordance with subsection (a)(3).

 

D)        CDs with a "Parental Advisory" warning label on them shall not be categorically restricted.  Recipients shall be able to possess CDs without restriction unless an individualized professional clinical judgment is made in accordance with subsection (a)(3).

 

E)        Video games shall not be categorically restricted on the basis of their Entertainment Software Ratings Board (ESRB) rating.  Recipients shall be able to possess video games without restriction unless an individualized professional clinical judgment is made in accordance with subsection (a)(3).

 

3)         Facility staff may only inspect the contents of a recipient's media pursuant to subsection (a)(3).

 

A)        CDs/DVDs can be restricted pursuant to 59 Ill. Adm. Code 109.30 only if there is a facility wide determination that CDs/DVDs are dangerous objects, irrespective of their content.

 

B)        The facility may not impose an across-the-board restriction on the possession and use of media based on its content unless that content violates the law.

 

d)         Contraband

Notwithstanding any other Section of this Part, any property that is determined to be contraband shall not be allowed in any Department facility.

 

1)         Contraband includes:  Alcoholic beverages, any drug not dispensed by the facility, firearms, explosives, and weapons.

 

2)         Contraband items shall be confiscated by staff of the security department and turned over to the proper authorities or destroyed.

 

3)         "Burned" CDs/DVDs and second-hand CDs/DVDs shall not be listed as contraband or restricted items, except as provided under subsection (a)(3) or (c)(3)(A).  Recipients shall be allowed to possess such items in accordance with subsection (a)(3).

 

4)         Sexually explicit material shall not be listed as a contraband item.  A recipient's access to such materials may be restricted in accordance with subsection (a)(3).  Public display or sharing of sexually explicit materials may result in the confiscation and restriction of those items as provided in subsection (a)(3).

 

e)         Restrictions on a recipient's right to possess personal property shall not be imposed as punishment, in response to a recipient declining to take medication, or in response to a failure to undergo other treatment recommended by a recipient's treatment team.  However, if a recipient's clinical situation changes, the recipient's facility director or designee may reconsider the possession of property in accordance with this Section.

 

f)         This Section applies to all adult recipients admitted to a Department facility.

 

g)         The facility shall conduct training on a frequency determined by facility administration on this Section and a written record of such training shall be made.

 

(Source:  Amended at 49 Ill. Reg. 14118, effective October 9, 2025)