TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.110 INCORPORATION BY REFERENCE
Section 299.110
Incorporation by Reference
Any rules of an agency of the
United States or the State of Illinois or of a nationally-recognized
organization or association that are incorporated by reference in this Part are
incorporated as of the date specified and do not include any later amendments
or editions.
 | TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.120 DEFINITIONS
Section 299.120 Definitions
"Act"
means the Sexually Violent Persons Commitment Act [725 ILCS 207].
"Administrative
Officer on Call" or "AOC" means the designated management staff
responsible for responding to after-hours and weekend emergency calls from an
on-duty facility staff.
"Administrative
Officer on Duty" or "AOD" means the designated management staff
responsible for the daily operation of the Program and/or responding to
emergency calls.
"Allowable
Reserve" means an amount set by the Department that is exempt from
services charges. This amount shall not be less than the exemptions from
garnishment set forth in Part 7 of Article 12 of the Code of Civil Procedure
[735 ILCS 5] or otherwise provided under Section 299.1030(e) or (f).
"Ancillary
Services" means services not covered under the Sex Offender Evaluation and
Treatment Provider Act [225 ILCS 109], such as general healthcare,
education/vocational, recreation, rehabilitation, anger management, mental
health treatment, substance use and abuse treatment, victim empathy, tactics, penile
plethysmograph, etc.
"Annual
Income" means adjusted gross income as defined by Section 2-203 of the
Illinois Income Tax Act [35 ILCS 5].
"Assault" means conduct described in Sections
12-1 and 12-2 of the Criminal Code of 2012 [720 ILCS 5].
"Assets"
means:
any property,
tangible or intangible, real or personal:
belonging to
or due to a service recipient from social security, worker's compensation,
veteran's compensation, or pension benefits; or
from any other
source whatsoever; and
any and all
assets and property of whatever character held in the name of the service
recipient, held for the benefit of the service recipient, or payable or
otherwise deliverable to the service recipient.
Any trust, or
portion of a trust, of which a recipient is a beneficiary shall be construed as
an asset of the recipient if, under terms of the trust, benefits may be paid to
the recipient.
"Attempt to Resolve" or "ATR" means the
process a resident uses to try to resolve incidents, problems or general complaints.
Complaints concerning behavior management proceedings are not handled through
the ATR process.
"Average Per
Capita Cost" means the amount calculated for the daily average per capita
cost of operation, as applicable, of either:
the secure
residential facility, for the fiscal year immediately preceding the period of
State care for which the rate is being calculated; or
the average
daily costs associated with the service recipient's conditional release.
"Battery" means the conduct described in Sections
12-3 and 12-3.05 of the Criminal Code of 2012 [720 ILCS 5].
"Behavior
Committee" consists of a security representative and at least two members
of the clinical staff.
"Behavioral
Intervention" means a response to a violation of the facility rules.
"Chemical
Agent" means a compound such as mace, pepper spray, etc., utilized to
manage a resident who is violent, disruptive and/or out of control. "Clinical
Director" means the staff member responsible for the oversight and provision
of sex offender specific treatment and certain ancillary services at the
facility, or that person's designee.
"Clinical
File" consists of the records relating to sex offender treatment and
certain ancillary services.
"Close
Status" means a management status to
which residents are assigned as a step-up from special management or
reassignment after rule violations. Residents will remain on Close Status for
a period of time determined by the Behavior Committee for observation of their
ability to successfully reintegrate. Any rule violation at this level may
result in either an extension of this status or a change of management status.
"Committed
Person" means a person who has been committed to the custody of the
Department under the Sexually Violent Persons Commitment Act.
"Conditional
Release" means a committed person who has been placed into the community
on court ordered supervision, treatment and related services as authorized by
the Act.
"Contraband"
means any item that is proscribed by criminal law, Department rules, facility
rules or posted notices; an itemthat a resident has no authorization to
possess; or property that is in excess of that authorized by the facility.
This includes, but is not limited to, any:
altered property;
property fashioned into a weapon; property
not being used for its intended design or its initial purpose; or
object, item or food/beverage product that has been
determined to pose a therapeutic, fire, health and/or safety risk.
"Deadly
Force" means force that is likely to cause death or great bodily harm.
"Department"
or "DHS" means the Illinois Department of Human Services.
"Detained
Person" means a person who the court has sent to a detention facility
approved by the Department, pursuant to a detention order or after a probable
cause hearing under Section 30 of the Act.
"DHS Victim-Notification Coordinator" means the
person who is responsible for securely and confidentially maintaining all victim
requests for notification and for following the procedures for notifying victims
(see Section 299.500).
"Discharge" means the court-ordered release of a committed
person from the custody of DHS.
"Emergency
Mental Health Care" refers to those interventions used to protect the life
and health of residents who are at risk to harm themselves or others as the
result of mental illness or mental disorder. Harm is defined as physical
injury. Residents may be at risk of harming themselves or others when they are
physically or verbally assaultive or aggressive; engage in or threaten to
engage in self-injurious behavior; use, misuse or destroy property in a fashion
that could be used to harm oneself or others (e.g., use glass shards to cut or
stab); or refuse direction to the point that force is needed to secure the resident's
compliance.
"Emergency
Mental Health Status" is the emergency placement of a resident on either
Mental Health Status 1 or Mental Health Status 2, as ordered by a mental health
professional pursuant to Section 299.345.
"Employee" means any person providing services at
the direction of the DHS Secretary or Program Director, on or off site. For
the purposes of this Part only, this includes payroll personnel, contractors,
subcontractors and volunteers. Under no circumstances does this definition
intend to confer employment status upon contractors, subcontractors or
volunteers.
"Estate
of Recipient" means all income and assets of a service recipient,
including, but not limited to, real property.
"Force"
means physical contact used to coerce or prevent some action on the part of a
resident, including the use of chemical agents.
"General
Status" means a management status to
which residents are assigned after they have completed admission/orientation
evaluations or as a reassignment from Close or Intermediate Status. Residents
remain on this status when they are without a major rule violation, or without
more than two minor rule violations, for 180 consecutive days.
"Grievance Examiner" means the employee or employees
designated by the Program Director to review and, as appropriate, resolve
problems and grievances that residents have been unable to resolve through
routine channels.
"Ill-1,
Financial Questionnaire" means a designation assigned to a set of
schedules developed for the purpose of collecting financial data on service
recipients.
"Incident Report" means a report that must be
completed by an employee when he/she observes any unusual occurrence or
situation that may pose a threat to the safety or security of the facility,
staff, residents, visitors or others.
"Individualized Treatment Plan" or "ITP"
or "Treatment Plan" means the set of goals and levels of progress
within the Program for each resident. The Treatment Plan is reviewed every six
months and includes recommendations relative to the treatment phase, testing,
diagnosis, resident cooperation and participation, as well as levels of programming.
"Informed
Consent" means consent of the resident to treatment and ancillary services
after being advised of the attendant risks and benefits.
"Intermediate Status" means a management status
to which residents are assigned after they have completed general status. Residents
remain on this status when they are without a major rule violation, and without
more than two minor rule violations, for 180 consecutive days.
"Internal Security Investigator" means the person
who investigates, as assigned by the Program Director, incidents within the secure
residential facility or incidents that affect recipients on conditional release.
"Legal
Dependents" means those persons:
dependent on
the recipient for more than one-half of their support; and
shown as
dependents on the recipient's U.S. Individual Income Tax Return.
"Management
Status" means the provision of different levels of privileges,
responsibilities and activities to provide a greater degree of
individualization in the treatment of residents. These levels include
Admission Status; General Status; Intermediate A, B, and C Status; Close
Status; and Special Management Status.
"Medical Director" means
the physician responsible for the oversight and provision of medical treatment
in the Program, or that person's designee.
"Medical File" consists
of the records relating to health care services. The provision of psychotropic
medication is a health care service.
"Medical
Professional" means a person who provides medical care under the overall
supervision of the Medical Director. This could include a physician licensed to
practice medicine in all its branches under the Medical Practice Act of 1987
[225 ILCS 60], a nurse licensed under the Nurse Practice Act [225 ILCS 65], or
a physician assistant licensed under the Physician Assistant Practice Act of
1987 [225 ILCS 95].
"Mental Disorder"
means a congenital or acquired condition affecting the emotional or volitional
capacity that predisposes a person to engage in acts of sexual violence.
"Mental Health Professional"
or "MHP" means a person who provides mental health services under the
overall supervision of the Clinical Director. This could include a physician,
a psychiatrist, a psychologist or other clinical staff.
"Mental
Health Status 1" is a level of special observation in which one staff
person will be assigned to continuously observe and monitor one, and only one, resident.
The staff person shall remain no more than 12 feet away. In all instances,
the staff person must maintain sight of the resident, including during bathing
or using the toilet. No staff person shall be assigned to provide 1:1
observation for a continuous period exceeding two hours without at least a 15-minute
period of alternative assignment. At each 15-minute interval, the staff member
observing the resident shall enter a note in the resident's clinical file
concerning the status and condition of the resident.
"Mental
Health Status 2" is a level of special observation in which the resident
is observed and monitored by staff every 15 minutes. At each 15-minute
interval, the staff member observing the resident shall enter a note in the resident's
clinical file concerning the status and condition of the resident.
"Notice
of Determination" means notification sent to a service recipient when
charges have been established for services (see Section 90 of the Act).
"Physician"
means any person licensed by the State of Illinois to practice medicine in all
its branches and includes any person holding a temporary license, as provided
in the Medical Practice Act of 1987.
"Primary Therapist"
means the clinical staff person responsible for implementing the resident's ITP.
"Program"
means the Sexually Violent Persons Treatment and Detention Program. The term
"Program" encompasses recipients in the secure facility and recipients
living in the community on a court-ordered plan of conditional release.
"Program
Administrator" means the person within DHS - Division of Mental Health
appointed by the Secretary to oversee the Program, or his/her designee.
"Program
Director" means the chief administrative officer of the Treatment and
Detention Facility, or his/her designee. The designee may be the:
Medical
Director;
Assistant
Program Director;
Security
Director; or
Administrative
Officer on Call.
"Program
Unit Hearing Officer" means the person designated by the Program Director
to hear allegations of minor rule violations that do not result in reassignment
of management status.
"Provider
Act" means the Sex Offender Evaluation and Treatment Provider Act [225
ILCS 109].
"Psychiatrist"
means a physician who has at least 3 years of formal training or primary
experience in the diagnosis and treatment of mental illness.
"Psychologist"
means a person who is licensed under the Clinical Psychologist Licensing Act
[225 ILCS 15], or the Provider Act.
"Psychotropic
Medication" means medication whose use for antipsychotic, antidepressant,
antimanic, antianxiety, antiandrogenic, behavior modification or behavioral
management purposes is listed in the most recent edition of the Physician's
Desk Reference (2019 edition) available at www.PDR.net or that are administered
for any of these purposes. It also includes those tests and related procedures
that are essential for safe and effective administration.
"Recipient"
or "Service Recipient" means a person receiving services at the secure
residential facility or while on a court-ordered plan of conditional release.
"Resident"
means either a detained person or a committed person placed in a facility.
"Residential
Unit" means the area of a facility in which residents reside.
"Restriction"
means constraining, reducing or eliminating activities of a resident (e.g.,
setting limits on or removal of certain privileges, behaviors or activities).
"Secretary"
means the Secretary of the Department of Human Services, or his/her designee.
"Security Director"
means the employee, and his/her designee, responsible for the safety and
security of residents, staff, visitors and State property. The designee may be
the AOD.
"Sex Offender Evaluation"
or "Evaluation" means a sex-offender specific evaluation as that term
is used in the Provider Act.
"Sex Offender Evaluator"
or "Evaluator" means a person licensed under the Provider Act to
conduct sex offender evaluations.
"Sex
Offender Specific Treatment" or "Sex Offender Treatment" or "Treatment"
means a comprehensive set of planned therapeutic interventions and
experiences to reduce the risk of further sexual offending and abusive
behaviors by the offender. The treatment must be provided by, or under the
supervision of, a person licensed under the Provider Act. Treatment
specifically excludes matters such as security, health care, housing, food service,
religious accommodations, management status, behavioral intervention and ancillary
services.
"Sexual Activity" means
an activity involving two or more persons for the sexual gratification of any
participant.
"Sexually Violent Person"
or "SVP" means a person who has been convicted of a sexually violent
offense, has been adjudicated delinquent for a sexually violent offense, or had
been found not guilty of a sexually violent offense by reason of insanity and
who is dangerous because he/she suffers from a mental disorder that makes it
substantially probable that the person will engage in acts of sexual violence.
"Sexually violent offense" has the same meaning as set forth in the
Act.
"Shift
Supervisor" has the same meaning as "Administrative Officer on Duty".
"Special Management Status" means an assigned
management status utilized for the safe containment and effective management of
a resident who is presenting a risk of harm to self or others. Residents may
remain on Special Management Status until the Behavior Committee determines
that the resident is no longer a risk to self or others or while criminal
charges are being investigated or pending.
"Transferring
Authority" means the agency with jurisdiction, as defined in Section 10 of
the Act, that had custody and control of the person prior to an order of detention
issued under Section 30 of the Act.
"Treatment and Detention Facility" or "TDF"
or "Secure Residential Facility" or "Facility" means the
secure facility provided by the Department of Corrections and operated by DHS
pursuant to Section 50 of the Act for the detention and treatment of persons
alleged or determined to be sexually violent and at risk of re-offending.
"Treatment
Review Committee" means the committee appointed by the Program Director
for the review of orders for the administration of psychotropic medications.
"Treatment
Team" means a cross-functional, multi-disciplinary group composed of the resident's
team leader and primary therapist, a medical representative, a security
representative, and other clinical staff involved in the resident's treatment.
"Victim"
means a person against whom an act of sexual violence has been committed and
includes a person who has requested notification under the Act or under the
Rights of Crime Victims and Witnesses Act [725 ILCS 120].
"Working Day" means Monday through Friday and
excludes State holidays and days when the facility may not be fully open due to
order of the Governor.
(Source:
Amended at 44 Ill. Reg. 8246, effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.130 RECORDS
Section 299.130 Records
a) Required Admission Documents −
1) When a resident is delivered to the custody of the Department,
the following documents shall be requested:
A) Of the court:
i) A copy of the detention order or the court order finding
probable cause which orders the person evaluated in a detention facility or the
court order that commits the person to the custody of the Department.
ii) A copy of the petition.
iii) All additional matters that the court directs the clerk to
transmit.
B) Of the transferring authority:
i) Admissions
Prior to the admission
of a new resident, the Department shall request a detention summary from the
transferring authority. The Department shall request that the detention
summary contain any relevant medical, psychiatric or psychological information
in the transferring authority's records to allow Department treatment and
evaluation staff to prepare for behavioral or health needs of the resident.
The Department shall further request that the transferring authority share the
master file, medical file, and clinical and field services information
pertaining to the resident as necessary for the proper evaluation and treatment
to the resident and for program safety and security. Prior to the admission of
a new resident, the Department shall request a copy of the report recommending
commitment and/or petition seeking commitment from the Attorney General and/or State's
Attorney filing the petition.
ii) Probable Cause
Following a
probable cause hearing in which the court enters a finding of probable cause,
the Department shall request the Attorney General's Office or appropriate
State's Attorney to provide documents in its possession which were provided as
required under the Act in support of the transferring authority's
recommendation for commitment and/or records gathered by the Attorney General
or State's Attorney in preparation for filing the petition seeking commitment.
The Department shall further request upon a finding of probable cause that the
transferring authority make the resident's criminal history, disciplinary history,
mental health records, escape risk and other relevant information accessible to
the Department if the Attorney General or State's Attorney has not already
provided this information.
iii) Juveniles
Prior to the
admission of a juvenile, the Department shall request that the Attorney General
or State's Attorney of the appropriate county seek a court order allowing the
Attorney General or State's Attorney to provide juvenile records which were
provided to the Attorney General or State's Attorney in support of the
transferring authority's recommendation for commitment pursuant to the Act to
the Department and to further enter an order allowing the transferring
authority to make the master file, medical file, and clinical records of the
juvenile accessible to the Department for purposes of the juvenile's custody,
care and treatment.
iv) Confidentiality
The Department
is responsible for maintaining the confidentiality and security of any and all
documents and records that are made accessible and/or provided to the
Department.
b) Access to Records
1) Records of a resident may be accessed by authorized facility
staff, authorized conditional release staff, Department evaluators, and staff
from the Illinois Attorney General or other Illinois prosecutorial staff.
2) Records of a resident may be accessed:
A) by the resident and persons authorized by the resident; or
B) as otherwise ordered by a court. The Department may require
payment of copying costs for any records it is asked to produce, except that
each resident is entitled to receive, upon request, one free copy of his/her
clinical file and medical file. The Department shall maintain a record in each
resident's clinical file that indicates:
i) The parties who have requested to inspect and/or copy
clinical records under the provisions of this subsection (b) and their
authorization; and
ii) The clinical records inspected and/or copied under this
subsection (b).
(Source:
Amended at 44 Ill. Reg. 8246, effective April 28, 2020)
SUBPART B: DETENTION AND EVALUATION
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.200 DETENTION FACILITY
Section 299.200 Detention
Facility
The Department may utilize a
secure residential facility as a detention facility.
a) The Department also approves all Department of Corrections and
Department of Juvenile Justice facilities for the detainment of residents until
they complete any term of imprisonment imposed for a criminal conviction or finding
of delinquency that may run parallel to either an order for detention under
Section 30 of the Act or an order of commitment under Section 40 of the Act.
While in the Department of Corrections or the Department of Juvenile Justice,
the Department with custody shall be responsible for the control, care and
custody of the resident.
b) The Department also approves the use of a county jail as a
detention facility when there is a written agreement between the Department and
the county sheriff authorizing that usage. Any written agreement shall outline
responsibilities assigned to both parties. The Department shall determine which
detention facilities it will use based upon geographic area, space
availability, willingness of the local officials to participate, and adequacy
of the facility to meet the needs of the detained person.
(Source: Amended at 44 Ill. Reg. 8246, effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.210 TEMPORARY DETENTION BY COURT ORDER
Section 299.210 Temporary
Detention by Court Order
During the course of a trial, or
when the detained person or committed person is ordered by the court to be
present, the county jail or federal detention facility is approved for use as a
temporary detention site. While the detained person is in the county jail or
detention facility, the jail or detention facility is responsible for the
control, care and custody of the resident.
(Source:
Amended at 44 Ill. Reg. 8246, effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.220 EVALUATOR STANDARDS
Section 299.220 Evaluator
Standards
All evaluators engaged by the
Department shall be licensed as sex offender evaluators pursuant to the
Provider Act.
(Source:
Amended at 44 Ill. Reg. 8246, effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.230 EVALUATION
Section 299.230 Evaluation
An evaluation shall be conducted
pursuant to Section 30 of the Act for the purpose of determining whether a
detained person meets the criteria for commitment as a sexually violent person
under the Act. The evaluation shall comply with 20 Ill. Adm. Code 1905.
(Source:
Amended at 44 Ill. Reg. 8246, effective April 28, 2020)
SUBPART C: SECURE RESIDENTIAL
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.300 SECURE RESIDENTIAL FACILITY
Section 299.300 Secure
Residential Facility
The secure residential facility
shall be operated by the Department. Standards for living conditions shall
include the following provisions:
a) All double-room assignments shall be screened for
appropriateness based on safety, security and treatment considerations.
b) Minimally, each resident room shall be furnished with:
1) A bed securely fastened to the wall and/or floor, with the
exception being a medical type bed;
2) Clean bedding, including a mattress, blanket, sheets, pillow
and pillow case;
3) A wash basin with running water and flushable toilet
facilities (controls may be located outside the room); and
4) Adequate lighting for reading and observation purposes.
c) Rooms shall be located at or above ground level and shall have
heat and ventilation consistent with the climate.
d) Each room shall have a single door and may have a food
passage. When only a solid door is available, it shall be provided with a
vision panel.
e) Cleaning materials shall be made available to residents on an as-needed
basis.
f) Personal health and hygiene needs of the resident shall be
addressed as follows:
1) A shower and shave shall be offered no less than once every
three days.
2) Access to State issued toilet tissue, soap, shampoo, shaving
cream, towel, toothbrush, and toothpaste.
3) A weekly exchange of clean facility clothes and bed linens or
availability of laundry services at least weekly.
4) False teeth, eye glasses, prosthetic devices and other
essential items of personal hygiene and health shall be permitted unless they
are a threat to safety or security.
(Source: Amended at 44 Ill. Reg. 8246, effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.310 TREATMENT
Section 299.310 Treatment
a) A resident shall be provided with adequate and humane care and
treatment services pursuant to an ITP, which shall be formulated and
periodically reviewed by the treatment team with the participation of the
resident to the extent feasible and, when appropriate, the resident's
guardian. A licensed sex-offender treatment provider shall be responsible for
overseeing the implementation of the plan.
b) Although all treatment offerings require informed consent, residents
are encouraged to attend scheduled individual and group therapy sessions,
objective sexual assessment appointments, and other programming as set forth in
the ITP.
c) If the ITP includes the administration of medication, a
medical professional may advise the resident, in writing, of the side effects
of the medication to the extent the advice is consistent with the nature and
frequency of the side effects and the resident's ability to understand the
information communicated.
d) Care and treatment shall include the regular use of sign
language for any hearing-impaired resident for whom sign language is a primary
mode of communication and an interpreter for residents who do not understand
English.
e) If the resident refuses to consent to treatment, withdraws
from treatment, or demonstrates disinterest in treatment or a lack of progress
in treatment, the treatment team may revise the ITP as necessary to encourage
and improve the resident's participation in treatment.
(Source: Amended at 44 Ill. Reg. 8246, effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.320 PERIODIC RE-EVALUATION
Section 299.320 Periodic
Re-evaluation
a) The Department shall conduct an evaluation of a committed
person not less than once each 12 months for the purpose of determining whether
the person may be conditionally released or the person's condition has changed,
since the most recent periodic re-examination, to the extent that he/she is no
longer a sexually violent person.
b) Any evaluator conducting an evaluation under this Section or
Section 55 of the Act shall prepare a written report of the evaluation no later
than 30 days after the date of the evaluation. The evaluator shall:
1) send a copy to the DHS - Health Information Department, which
will place a copy of the report in the person's clinical file; and
2) provide a copy of the report to the Office of Attorney General
or other prosecutorial agency for filing with the court that committed the
person.
c) All evaluations conducted by the Department shall comply with
Section 10 of the Provider Act and 20 Ill. Adm. Code 1905.
(Source: Amended at 44 Ill. Reg. 8246, effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.330 RIGHTS
Section 299.330 Rights
a) No resident shall be presumed incompetent, nor shall such
person be held legally disabled, except as determined by a court. This
determination shall be separate from a judicial proceeding held to determine
whether a person is subject to commitment as a sexually violent person.
b) Residents shall be provided reasonable opportunities to pursue
their religious beliefs and practices, subject to the Program's legitimate concerns
regarding security, safety, rehabilitation, facility order, space and
resources. A resident who is an adherent or a member of any well-recognized
religious denomination, the principles and tenets of which teach reliance upon
services by spiritual means through prayer alone for healing by a duly
accredited practitioner thereof, shall have the right to choose those
services. As appropriate, the parent or guardian of a resident who is a minor,
or a guardian of a resident who is not a minor, shall have the right to choose
services by spiritual means through prayer for the resident.
c) A resident may volunteer to perform tasks that benefit the resident
community as a whole, if the professional responsible for overseeing the
implementation of the ITP for the resident determines that the task would be
consistent with the ITP. A resident who volunteers to perform a communal task
may be compensated through the provision of reward points redeemable at the
facility. A resident may be required to perform tasks of a personal
housekeeping nature without compensation.
d) Residents may only acquire personal property in accordance
with this Part. The Program Director at the facility where the resident is
assigned may post these rules or explanations of these rules in a conspicuous
location within the facility. Every resident who resides in a secure
residential facility shall be permitted to receive, possess and use personal
property and shall be provided with a reasonable amount of storage space for
that property, except for those limitations provided in Department rules and
explained in the Resident Handbook, or as posted by the Program Director.
1) Possession
and use of certain classes of property may be restricted by the Program
Director when necessary to assure the safety and security of the facility.
2) The professional responsible for overseeing the implementation
of a resident's ITP may, with the approval of the Program Director, restrict
the right to property when necessary to assure implementation of the ITP,
protect the resident or others from harm, or as part of the Resident Behavior
Management System.
3) When a resident is discharged from the facility, all of his/her
lawful personal property that is in the custody of the facility shall be
returned.
4) A resident may use his/her funds as he/she chooses, unless he/she
is a minor or prohibited from doing so under a court guardianship order. A resident
may deposit, with the Department, or cause to be deposited in his/her name,
money. When a resident is discharged from the Department, all of his/her
unspent money, including interest on trust fund monies (if any), shall be
returned subject to a set-off for any outstanding restitution or repayment as
may have been ordered by the Program Director or Behavior Committee.
e) A resident shall be permitted reasonable communication with
persons of choice by mail, telephone and visitation. Communications may be
reasonably restricted, censored, screened or monitored to protect the resident
or others from harm, harassment or intimidation or to ensure implementation of
the resident's ITP. The Program Director shall set the times and places for
the use of telephones and visits. Communications with attorneys shall not be
monitored.
f) Upon admission, or as soon thereafter as the condition of the resident
permits, every resident or the parent or guardian of a resident, as
appropriate, shall be informed orally and in writing of the rights guaranteed
by this Part that are relevant to the nature of the ITP. Every facility shall
also post, in the Resident Handbook or conspicuously in common areas, a summary
of the rights that are relevant to the services delivered by that facility.
g) The Program Director of each secure residential facility shall
adopt in writing policies and procedures deemed necessary for the safe and
secure operation of the facility. The policies and procedures may amplify or
expand, but shall not restrict or limit, the rights of residents as set forth
in this Section.
h) An adult resident, or the resident's guardian, may refuse
generally accepted treatment services. Housing assignments, the Resident
Behavior Management System and Assignment of Living Status may not be refused.
(Source: Amended at 44 Ill. Reg. 8246, effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.340 MEDICAL CARE
Section 299.340 Medical Care
a) Emergency medical care shall be available to residents 24
hours per day, seven days per week.
b) Residents shall be informed of the facility procedures for
obtaining medical or dental services.
c) Persons housed at a secure residential facility shall be
provided all necessary medical and dental treatment, with the consent of the
parent or guardian where applicable, as prescribed by a facility physician or
dentist.
d) A resident who has, or is suspected of having, a communicable
disease may be isolated from other residents. This determination shall be made
by a physician or medical professional on the basis of medical necessity.
e) In case of critical illness or major surgery, the Program
Director shall attempt to notify the person designated by the resident to be
contacted in case of an emergency and, when applicable, the parent or guardian.
f) A record of all medical and dental examinations, findings and
treatment shall be maintained in the resident's medical file.
g) Administration of Psychotropic Medication
1) Psychotropic medication shall not be administered to any resident
without the informed consent of the resident or guardian unless:
A) A psychiatrist or, in the absence of a psychiatrist, a
physician has determined that:
i) the resident suffers from a serious mental illness or mental
disorder;
ii) the administration of psychotropic medication is in the immediate
medical interest of the resident; and
iii) the resident is either gravely disabled or poses an immediate
threat of harm to self or others; or
B) The administration of psychotropic medication has been approved
by the Treatment Review Committee after a hearing (see subsection (h)).
However, no such approval or hearing shall be required when the medication is
administered in an emergency situation. An emergency situation exists when the
required determinations listed in subsection (g)(1)(A) have been made.
2) Whenever a physician orders the administration of psychotropic
medication to a resident in an emergency, the physician shall document in the resident's
medical file the facts and underlying reasons supporting the determination that
the standards in subsection (g)(1)(A) of this Section have been met.
A) The Program Director shall be notified as soon as practicable.
B) The Chairperson of the Treatment Review Committee shall be
notified in writing within three working days.
h) Treatment Review Committee Hearing Procedures
1) The Treatment Review Committee shall be comprised of three
members appointed by the Program Director, two of whom shall be mental health
professionals and one of whom shall be a physician. One member shall serve as
Chairperson of the Committee. None of the Committee members may be involved in
the current decision to order the medication. The members of the Committee
shall have reviewed this Part and shall be familiar with the procedures created
in this Part.
2) The Program Director shall designate a medical professional
not involved in the current decision to order psychotropic medication to assist
the resident. The assigned medical professional shall have reviewed this Part.
3) The resident and assigned medical professional shall receive
written notification of the time and place of the hearing at least 24 hours in
advance. The notification shall include the tentative diagnosis and the
reasons why the medical staff believes the administration of psychotropic
medication is in the best interests of the resident, absent the resident's
informed consent to administration of the medication. The assigned medical
professional shall meet with the resident prior to the hearing to discuss the procedural
and mental health issues involved.
4) The resident shall have the right to attend the hearing unless
the Committee determines that it is likely that the person's attendance would
subject him/her to substantial risk of serious physical or emotional harm, pose
a threat to the health or safety of others, or threaten the overall security of
the facility. If such a determination is made, the facts and underlying
reasons supporting the determination shall be documented in the resident's
medical file. The assigned medical professional shall appear at the hearing regardless
of whether the resident appears.
5) The documentation in the medical file referred to in
subsection (g)(2) shall be reviewed by the Committee and the Committee may
request the psychiatrist's/physician's personal appearance at the hearing.
6) Prior to the hearing, witnesses identified by the resident and
the assigned medical professional may be interviewed by the assigned medical
professional after consultation with the resident as to appropriate questions
to ask. Any such questions shall be asked by the assigned medical professional
unless the question is cumulative or irrelevant, or would pose a threat to the
safety of others or the security of the facility.
7) Prior to the hearing, the resident and the assigned medical
professional may request in writing that witnesses. be interviewed by the
Committee and may submit to the Chairperson of the Committee written questions
for witnesses. These questions shall be asked by the Committee unless the
question is cumulative or irrelevant, or would pose a threat to the health or
safety of others or the overall security of the facility. If any witness is
not interviewed, a written reason shall be provided.
8) Prior to the hearing, the resident and the assigned medical
professional may request in writing that witnesses appear at the hearing. Any
such request shall include an explanation of what the witnesses are expected to
state. Reasonable efforts shall be made to have the witnesses present at the
hearing, unless their testimony or presence would be cumulative or irrelevant,
or would pose a threat to the health or safety of others or the overall
security of the facility, or for other reasons including, but not limited to,
unavailability of the witness or matters relating to facility order. In the
event requested witnesses are unavailable to appear at the hearing but are
otherwise available, they shall be interviewed by the Committee as provided for
in subsections (h)(7) and (9) through (10).
9) At the hearing, the resident and the assigned medical
professional may make statements and present documents that are relevant to the
proceedings. The assigned medical professional or resident may direct relevant
questions to any witnesses appearing at the hearing. The resident may request
that the assigned medical professional direct relevant questions to any
witnesses appearing at the hearing. The assigned medical professional shall
ask those questions unless the question is cumulative or irrelevant, or would
pose a threat to the health or safety of others or the overall security of the
facility.
10) The Committee shall make such inquiry as it deems necessary.
The assigned medical professional and resident shall be informed of any inquiry
conducted by the Committee and shall be permitted to direct relevant questions
to any witnesses interviewed by the Committee. The assigned medical
professional shall consult with the resident regarding any statements made by
witnesses interviewed by the Committee and shall comply with requests by the resident
to direct relevant questions to those witnesses unless the question is cumulative
or irrelevant, or would pose a threat to the health or safety of others or to
the overall security of the facility.
11) The Committee shall consider all relevant information and
material that has been presented in deciding whether to approve administration
of the medication in the absence of the informed consent of the resident.
12) A written decision shall be prepared and signed by all members
of the Committee that contains a summary of the hearing and the reasons for
approving or disapproving the administration of the medication. Copies of the
decision shall be given to the resident, assigned medical professional and Program
Director and shall be placed in the resident's medical file. Any decision by
the Committee to approve administration of psychotropic medication without the
informed consent of the resident shall be based upon a preponderance of the
evidence and must be unanimous. The Program Director shall direct the
appropriate medical staff to comply with the decision of the Committee.
13) If the Committee approves administration of the medication,
the resident shall be placed on an appropriate mental health status (if not
already so assigned) and shall also be advised of the opportunity to appeal the
decision to the Medical Director by filing a written appeal with the
Chairperson within five days after the resident's receipt of the Committee's
written decision.
i) Review by Medical Director
1) If the resident appeals the Treatment Review Committee's
decision, medical staff shall continue to administer the medication as ordered
by the physician and approved by the Committee while awaiting the Medical
Director's decision on the appeal.
2) The Chairperson of the Committee shall promptly forward the
written notice of appeal to the Medical Director or his/her designee.
3) Within 10 working days after receipt of the written notice of
appeal, the Medical Director shall:
A) Review the Committee's decision, make further investigation
deemed necessary, and submit a written decision to the Program Director; and
B) Provide a copy of the written decision to the resident, the
assigned medical professional and the Chairperson of the Committee and shall
place a copy in the resident's medical file.
4) The Program Director shall direct medical staff to comply with
the decision of the Medical Director.
j) Periodic Review of Medication
1) Whenever any resident has been receiving psychotropic
medication continuously or on a regular basis for a period of six months in the
absence of informed consent, the administration of the medication shall be
reviewed by the Treatment Review Committee in accordance with subsections (h)
and (i). Every six months thereafter, for as long as the medication continues
on a regular or continuous basis, the Treatment Review Committee shall review
the continued need for the administration of psychotropic medication in the
absence of informed consent.
2) Every resident who is receiving psychotropic medication in the
absence of informed consent shall be evaluated by a psychiatrist or physician
at least every 30 days, and the psychiatrist/physician shall document in the resident's
medical file the basis for the decision to continue the medication.
k) Emergency Procedures
Subsequent to
the administration of psychotropic medication in an emergency situation
pursuant to subsection (g)(1)(A):
1) The basis for the decision to administer the medication on an
emergency basis shall be provided to the resident and to the Medical Director
for review.
2) A medical professional shall meet with the resident to discuss
the reasons why the medication was administered on an emergency basis and to
give the resident an opportunity to express any concerns he/she may have
regarding the medication.
l) Documentation
Copies of all
notifications and written decisions concerning involuntary administration of
psychotropic medication shall be placed in the resident's medical file.
m) Parents and Guardians
In the case of
a resident who is a minor (under 18) or has a guardian, the parent or guardian
shall be sent the documentation and written decisions that are provided to the resident
pursuant to this Section and shall be permitted to attend and participate in
any proceedings required by this Section. Notice of any Treatment Review
Committee hearing shall be promptly sent to the parent or guardian and
reasonable attempts shall be made to provide that notice at least 72 hours
prior to the hearing.
(Source:
Amended at 44 Ill. Reg. 8246, effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.345 EMERGENCY MENTAL HEALTH CARE
Section 299.345 Emergency
Mental Health Care
a) Residents in Need of Emergency Mental Health Care
1) When medical, treatment or security staff believe a resident
is in need of emergency mental health care to prevent self injury, the AOD shall
be notified.
2) The AOD shall immediately initiate placement of that resident
into Mental Health Status 1 and provide continuous observation of the resident.
b) Resident Placement, Property Restriction and Observation
Requirements
1) Placement. After placement in Mental Health Status 1 is
initiated, and prior to the completion of the one-hour assessment by an MHP,
the resident shall be placed in an empty, designated observation room. Following
the one-hour mental health assessment, continued room placement of the resident
shall be determined by consultation between security staff and the MHP
assigning the resident to Mental Health Status 1 or 2. The decision regarding
where to place the resident, and his/her movement while on Mental Health
Status, shall be based on the level of risk the resident presents, as well as
the institutional management challenges presented by the resident once
placement is initiated.
2) Property. During initiation, the AOD may limit or restrict
the personal or facility-provided property items, including clothing, the resident
is permitted to possess. Once the mental health assessment is complete, the MHP
assigning Mental Health Status shall indicate the appropriate, allowable
personal or facility-provided property. This decision shall be approved by the
Program Director.
3) Observation. The resident shall be under continuous visual
observation once these procedures regarding Emergency Mental Health Status (EMHS)
are initiated, and will remain under continuous visual observation until, in
the opinion of an MHP, observation is not necessary.
c) Notification of Clinical Director or Designee
1) As soon as practicable, the AOD will notify the Clinical
Director or designee that EMHS was initiated and shall request that an
assessment of the resident's behavior be performed by an MHP.
2) If the need to initiate EMHS occurs when there is no MHP on-site,
the AOD shall request that the duty nurse perform the assessment.
3) An on-site assessment of the resident's mental health needs shall
be performed within one hour after placement in EMHS.
4) If EMHS is initiated after normal business hours, upon
completion of the one-hour assessment, the duty nurse shall notify the Clinical
Director or designee.
5) In all situations, an MHP will become the lead person in
management of the resident through resolution of the crisis. The MHP will
determine necessary interventions, including the need for continued
observation, the type of observation, the need for a psychiatric consult,
and/or any other appropriate mental health interventions. All measures taken
shall be documented in the resident's clinical file.
d) Contacting Psychiatrist on Call
1) The Clinical Director or designee may, at his/her discretion,
contact the psychiatrist on call and consult with him/her regarding the resident's
apparent emergency mental health care needs.
2) The Clinical Director, AOC and psychiatrist on call, within
their respective scopes of practice, shall determine the utility of emergency
medication; the interval, frequency and type of observation (e.g., medical,
general, security); room placement; and permitted property. They shall also
direct the security staff and health care staff accordingly.
e) Minimal Standards for Care and Observation
While the resident
remains in EMHS, the following are minimal standards for care and observation,
unless otherwise directed:
1) The resident will be reassessed by an MHP or the duty nurse
every shift while on EMHS.
2) Security and nursing staff shall follow all instructions from
the Clinical Director or designee.
3) To assure continuity of care, the MHP or duty nurse shall,
every shift, write a summary progress note that includes assessment, care and
status of the resident. This note shall be placed in the resident's clinical file.
4) In all cases, the resident shall be evaluated face-to-face by
an MHP, within 24 hours after being placed on EMHS, to determine the resident's
continuing needs.
5) A resident may not be placed on EMHS for more than 24 hours
unless continued by an MHP after conducting a face-to-face assessment of the resident.
6) Residents placed on EMHS shall be restricted to the living
unit or healthcare unit and may only leave the unit for medical reasons, court
writs, or as otherwise approved by the Program Director. All residents on EMHS
shall be provided a 1:1 escort while off the living unit.
7) When a resident has been on Mental Health Status for a
continuous period of 72 hours, the Clinical Director or designee shall review
the resident's ITP with the facility psychiatrist. If the resident is
continued on Mental Health Status, the psychiatrist will conduct a face-to-face
evaluation of the resident and, with the treatment team, shall review the ITP
weekly for the time the resident remains on Mental Health Status. A resident's
ITP shall:
A) address individual behaviors and special needs;
B) address the need for special observation; and
C) provide guidance to staff who provide for the daily care and
treatment of the resident.
8) All direct care staff shall follow the specific guidelines set
forth in the ITP, including, but not limited to, behavior observation, data
collection, documenting intervals, and interaction with the resident and the resident's
response. This shall occur while the direct care staff continues to provide
all other day-to-day care and treatment of the resident.
f) Incident Reporting Requirements
The AOD will
ensure that the staff involved in the incidents leading up to the initiation of
EMHS complete incident reports or chart notes as needed before they leave their
shift. The shift supervisor shall ensure that all incident reports are delivered
to the Program Director before the end of his/her shift.
g) Notification
of Resident's Reassignment
1) On the first subsequent business day after a resident
reassignment, the Clinical Director or designee shall notify the resident's primary
therapist and facility psychiatrist of the reassignment and the behavior
necessitating placement on EMHS.
2) On the first business day after placement on EMHS, the
Clinical Director, primary therapist, or facility psychiatrist shall review the
resident's continuing need for emergency mental health care.
A) If there is evidence of continued risk, the resident shall
remain on EMHS. Continued assignment to EMHS shall then be reviewed every
business day thereafter until the resident is reassigned to a different management
status.
B) If, upon review, there is no evidence of continuing risk, the resident
shall be returned to his/her previous management status with recommendations
for follow-up treatment.
C) If the Clinical Director, primary therapist or facility
psychiatrist determines the resident presents a risk of harm to self or others that
is not related to his/her mental health, the resident will temporarily be reassigned
to Special Management Status.
D) In the event of a re-assignment of the resident to Special
Management Status, the Clinical Director, primary therapist, or facility psychiatrist
shall notify the AOC and refer the matter to the Behavior Committee for review.
E) When a resident is temporarily reassigned to Special Management
Status, the requirements specified in the Special Management Directive will be followed.
h) Daily
Contact with Resident by Primary Therapist
1) While a resident is on EMHS, his/her primary therapist shall
have daily, individual contact with that resident. The contact shall, at a minimum,
involve:
A) Assessment of the resident's current dangerousness;
B) Mental status and mental health needs; and
C) The coordination of physical or medical needs, as required.
2) The primary therapist shall discuss the events and decisions
resulting in the resident's reassignment to EMHS. Those events and decisions
shall be viewed in light of the resident's overall ITP and, as appropriate, the
ITP shall be modified and additional treatment recommended to reduce the
frequency of the resident's reassignment to EMHS. The resident's primary therapist
is responsible for ensuring that the resident is offered the following:
A) Daily recreation time as appropriate, based on the resident's
mental status and assessed dangerousness;
B) Adequate access to personal hygiene and grooming supplies; and
C) All permitted personal
and facility-provided property.
(Source: Added at 44 Ill. Reg. 8246,
effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.350 SECURITY
Section 299.350 Security
a) Use of Force
1) Force shall be employed only as a last resort or when other
means are unavailable or inadequate, and only to the degree reasonably
necessary to achieve a permitted purpose. Department staff shall not employ
deadly force.
2) Use of force shall be terminated as soon as force is no longer
necessary.
3) Medical screening and/or care shall be conducted following any
use of force that results in bodily injury.
4) Any form of punishment is prohibited.
b) Force may be used under the following circumstances:
1) To compel compliance with a lawful order given by an employee
to ensure the safety and security of the facility.
2) To protect oneself or any other person from physical assaults,
injury or death.
3) To prevent escapes from the facility or from the custody of
employees in the community.
4) To protect State property or the property of others from
unauthorized use, possession, damage or destruction.
5) To prevent or suppress a riot, revolt, mutiny or insurrection,
or other serious disturbance.
6) To compel compliance with all orders issued pursuant to the
Act.
c) Training
Training in
procedures for use of force shall be conducted for all security employees,
along with yearly reviews.
d) Movement of Residents
1) Handcuffs, security belts and/or leg irons may be used to
restrain any resident when:
A) A person confined pending a review of an incident or in Special
Management Status (see Sections 299.650 and 299.690) is moved within the
facility;
B) A resident is transported outside the facility; or
C) Determined by the Program Director to be necessary for safety
and/or security.
2) The Program Director has ultimate authority regarding the
advisability of all writ transportation. Any writ that poses a safety and/or
security concern (e.g., due to inclement weather, facility lockdown, or other
circumstances) may be cancelled upon direction of the Program Director.
e) Response to Serious Disturbances
1) The Program Director may confine residents temporarily in all
or part of the facility when determined necessary in order to maintain security
of the facility or for the safety of residents, employees or other persons.
2) The decision to impose a temporary facility confinement shall
be reviewed and approved by the Program Administrator, whenever possible, prior
to the imposition of the temporary facility confinement, but in any event, promptly
thereafter.
3) Continuation of the temporary facility confinement shall be
reviewed every 7 days by the Program Director and the Program Administrator.
f) Searches for Contraband
1) Searches of Visitors
A) All persons and items brought onto State property are subject
to search. Prominent notices to this effect shall be posted at each facility.
B) A visitor may refuse to submit to a search. However, failure
to submit to a search may result in denial, suspension or restriction of
visiting privileges.
2) Searches of Residents
A) All residents and their clothing, property, housing and task
assignments are subject to search at any time.
B) All residents are subject to testing for alcohol or substance
use, including but not limited to urinalysis.
(Source:
Amended at 44 Ill. Reg. 8246, effective April 28, 2020)
SUBPART D: CONDITIONAL RELEASE
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.400 CONDITIONAL RELEASE PLANS
Section 299.400 Conditional
Release Plans
a) Following notification by the court that a committed person is
appropriate for conditional release, the Department shall prepare a plan that
identifies the treatment and services that the person will receive in the
community. The plan shall address the person's need, if any, for sex offender
treatment, ancillary services, monitoring, supervision, surveillance, counseling,
medication, community support services, residential services, vocational
services, polygraph services, and alcohol or other drug screening. The
Department may contract with a county health department, with another public
agency and/or with a private agency to provide the treatment and services
identified in the plan. The plan shall specify who will be responsible for
providing the treatment and services identified in the plan.
b) All sex offender specific treatment provided to a sexually violent
person while on conditional release shall be conducted in conformance with
standards developed under the Sex Offender Management Board Act [20 ILCS 4026]
by a provider licensed under the Provider Act.
c) For a committed person who is to be conditionally released
under an initial commitment order or following an order for commitment to a secure
facility, the plan shall be presented to the court for its approval within
60 days after the court finding that the person is appropriate for conditional
release, unless the Department and the person to be released request additional
time to develop the plan.
d) All plans for conditional release shall, at a minimum, contain
those conditions set forth in Section 40(b)(5) of the Act. In addition, no
person being supervised on conditional release shall reside at the same street
address as another sex offender being supervised under the Act or on mandatory
supervised release, parole, aftercare release, probation or any other manner of
court supervision, except supervision for an offense listed in the Illinois Vehicle
Code.
(Source:
Amended at 44 Ill. Reg. 8246, effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.410 CONDITIONAL RELEASE
Section 299.410 Conditional
Release
An order for conditional release
places the committed person in the custody and control of the Department, and
the person is subject to the conditions set by the court and the rules of the
Department. Upon the recommendation of the resident's evaluator or the facility's
Clinical Director, the Program Director may file a petition for conditional release
on behalf of the resident. The recommendation may be based upon changes in the
mental and/or physical condition of the resident, including, but not limited
to, changes in the health needs of the resident. Regardless of such
recommendation and/or filing, the Department shall, at all times, follow the court's
orders regarding the need for secure care.
(Source:
Amended at 44 Ill. Reg. 8246, effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.420 COMMUNITY MONITORING
Section 299.420 Community Monitoring
The Department may contract with
or utilize the services of county, municipality and/or other public or private entities
to provide surveillance, monitoring, polygraph, drug and alcohol screening, and
other related services to a person ordered to a plan of conditional release.
(Source:
Amended at 44 Ill. Reg. 8246, effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.430 REVOCATION
Section 299.430 Revocation
a) In addition to the methods of revocation outlined in Section
40 of the Act, if the Program Director determines that a released person has
violated any condition or rule, and/or that the safety of others requires that
conditional release be immediately suspended, he/she may be taken into custody and
transported to a secure facility pending judicial review.
b) Within 48 hours after returning a person ordered to conditional
release to a secure facility, the Program Director shall prepare a statement
showing probable cause for the detention to the Attorney General or State's
Attorney with a request that he/she immediately file a petition to revoke the
order for conditional release with the committing court.
c) Pending the revocation hearing under Section 40(b)(4) of the
Act, a person ordered to a plan of conditional release may be detained in a
jail, hospital or facility.
(Source:
Amended at 44 Ill. Reg. 8246, effective April 28, 2020)
SUBPART E: NOTIFICATION OF VICTIMS
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.500 NOTIFICATION OF VICTIMS
Section 299.500 Notification
of Victims
a) If the court places a committed person on conditional release
under Section 40 or 60 of the Act, or discharges a person under Section 65 of
the Act, upon any other court-ordered change in custody status, upon the escape
of a resident, upon an inability to locate a person on a plan of conditional release,
or upon the death of any detained or committed person, the Department shall
notify all of the following who have requested notification under the Act or
under the Rights of Crime Victims and Witnesses Act:
1) The victim of the act of sexual violence.
2) An adult member of the victim's family, if the victim died as
a result of the act of sexual violence.
3) The victim's parent or legal guardian, if the victim is
younger than 18 years.
4) The Department of Corrections (DOC) or the Department of
Juvenile Justice (DJJ) as appropriate.
b) The notice to the DOC/DJJ and the persons to be notified shall
state the name of the detained or committed person and the date the person was
placed on conditional release or discharged, was the subject of a court-ordered
change in custody status, died, escaped, or could not be located while on a court-ordered
plan of conditional release. The Department shall send the notice, postmarked within
one business day after the conditional release, discharge, court-ordered change
in custody status, escape, death or inability to locate a person on conditional
release, to DOC/DJJ and the last-known address of the persons to be notified
under subsection (a).
c) When possible, the Department shall dispatch the notice within
one business day after issuance of the court order requiring the preparation of
the conditional release plan and a second notice within one business day after
the date the court approves the plan of conditional release. When
circumstances do not permit advance notice, notice shall be provided as soon as
practicable after any conditional release, discharge, court-ordered change in custody
status, death, escape, or inability to locate a person on a court-ordered plan
of conditional release.
d) The Department shall design and prepare cards for persons
specified in subsection (a) to send to the Department. The cards shall have
space for persons requesting notification to provide their names and addresses,
the name of the person committed under the Act, and any other information the
Department determines is necessary. The Department shall provide the cards,
without charge, to the Attorney General and State's Attorneys. The Attorney
General and State's Attorneys shall provide the cards, without charge, to
persons specified in subsection (a). These persons may send completed cards to
the Department. All records or portions of records of the Department that
relate to mailing addresses of these persons are not part of the resident's
file nor subject to inspection or copying under Section 3 of the Freedom of
Information Act.
e) The Department may request victim impact statements for use in
conducting evaluations and providing sex offender specific treatment and/or
ancillary services, as well as in preparing the ITP.
f) The Department may utilize the Statewide Victim and Witness
Notification System described in the Rights of Crime Victims and Witnesses Act.
That utilization shall, in all respects, constitute compliance with this Part.
(Source: Amended at 44 Ill. Reg. 8246, effective April 28, 2020)
SUBPART F: RESIDENT BEHAVIOR MANAGEMENT SYSTEM
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.600 RESIDENT BEHAVIOR MANAGEMENT SYSTEM
Section 299.600 Resident
Behavior Management System
The Resident Behavior Management
System is a milieu treatment program designed to promote a safe and secure
environment for treatment, as well as to preserve facility safety and security.
Abiding by this Part and the requirements of the living unit and participating
in treatment may be encouraged through the use of positive incentives (e.g.,
increased level of privileges, special activities, etc.). Behavior that
violates this Part or the rules of the Program or the living unit shall be
discouraged through the withdrawal of positive incentives (e.g., restrictions
of privileges and liberties) and redirection to appropriate activities. As
determined by the Program Director, the Program may establish differing
management levels (e.g., Admission Status, Close Status, Special Management
Status, Intermediate C, B and A Status) to provide a greater degree of
individualization in the Resident Behavior Management System.
(Source:
Amended at 44 Ill. Reg. 8246, effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.610 VIOLATIONS OF CRIMINAL LAW
Section 299.610 Violations
of Criminal Law
When reasonable grounds exist to
suspect that a resident has committed a violation of criminal law, that
violation shall be reported to the State's Attorney of the county in which the
incident occurred or to the appropriate law enforcement agency official. The
referral is independent of any action under the Resident Behavior Management
System.
(Source:
Amended at 44 Ill. Reg. 8246, effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.620 APPLICABILITY
Section 299.620
Applicability
a) Program and living unit rules are to promote a safe and secure
environment for treatment, as well as to preserve facility safety and security.
All residents are expected to comply with the Program and living unit rules, as
well as all staff orders. In a situation in which one or more residents are
not following staff orders, staff will implement security measures to ensure facility
safety and security (e.g., staff may direct all residents to their rooms).
b) All residents will be given adequate notice of the Program
rules and living unit rules either directly by staff or presumptively by publication
of this Part, provision of a handbook, or posted notice in the living units. Residents
shall be informed of the rules upon admission. The location specific Program
and living unit rules shall be either printed in the handbook or posted on the living
units. Changes in rules that do not appear in the handbook shall be posted in
the living units. Only those rules of which the residents have received notice
may be enforced.
c) Rules apply equally to all residents in similar circumstances.
Differences in circumstances are within staff discretion; however, the
differences must be documented and applied when determining aggravating and
mitigating circumstances surrounding a rule violation.
d) Progressive actions taken to address residents who violate
facility rules involve warnings and, if ineffective, formal restrictions. When
the severity of the rule violation warrants action be taken for the safety of
the resident or others, staff may offer the resident a "cool down"
period, which consists of voluntary confinement to the resident's room, or placement
of the resident on Temporary Special Management Status pending review by the
Behavior Committee. Whenever staff have reason to believe that a resident has
violated facility rules, staff shall inform the resident of the specific rules and
of the determination that the resident violated the rules, and shall offer one
of the following:
1) Warnings
A) For a minor rule violation only, a warning may be issued if:
i) staff determines that:
• the
resident is unfamiliar with the rules; or
• the resident's behavior was a technical violation of the
rules; and
ii) staff determines that the objective of the rules would not be
met by formal behavioral interventions.
B) A warning is to help the resident identify the rule violations,
the consequences of the rule violations, and appropriate alternative
behaviors. Warnings are to help the resident identify and modify the conduct that
led to the rule violations in order to avoid imposition of formal behavioral
interventions.
2) An intervention in the form of a "cool down" may be
offered by the staff and may be accepted or rejected by the resident. If the
intervention is rejected, staff will notify
their supervisor immediately for further direction and or assistance. Staff
involved in the cool down process shall complete incident reports and forward
them to the shift supervisor for review before the end of the shift. Staff
shall conduct a wellness check on the resident approximately 15 minutes after
placement on a cool down. Within two hours after commencement of the cool
down, a supervisor shall conduct an assessment of the resident's behavior to
see if the cool down should be terminated or extended. All information
gathered during this process shall be documented and may lead to imposition of formal
behavioral interventions such as placement on Special Management Status or
referral to the Behavior Committee.
3) Temporary assignment to Special Management Status may occur
when the AOD has determined that a cool down was not appropriate or effective. Within
two working days after being notified of a temporary assignment to Special
Management Status, the Behavior Committee shall meet to review the incident and
the need to maintain and continue the resident on Temporary Special Management
Status. Staff shall conduct a wellness check of the resident approximately 15
minutes after assignment to Temporary Special Management Status. In addition,
a mental health assessment shall be completed by a mental health professional
within one hour after assignment to Temporary Special Management Status, and
again at 12 hours.
e) Residents that may be faced with a change in management status
upon the finding of a rule violation (i.e., "major" rule violation or
third "minor" rule violation that leads to a reduction in management status/privileges)
must be provided an opportunity to appear before the Behavior Committee and are
entitled to 24 hours advance notice prior to that appearance. The notice shall
be in writing and shall identify:
1) the rules alleged to be violated;
2) the date, approximate time, and location of the alleged
violations;
3) a description of the incident/conduct; and
4) any witnesses identified in the incident report.
f) A resident facing a change in management status upon the
finding of a rule violation may request that the Behavior Committee interview
additional witnesses and, subject to health, safety and security concerns,
appear before the Behavior Committee to testify and present documentation. Pending
an appearance before the Behavior Committee, a resident may be temporarily
assigned to Special Management Status.
g) The decision that a resident has violated a rule shall be
based upon the best available evidence and that evidence must show it is more
likely than not that the resident violated the rule. Staff may weigh the
credibility of witnesses in making the decision. The Behavior Committee will
determine the appropriate management status, make treatment recommendations,
adjust privileges, or will take any combination of these actions. The decision
of the Behavior Committee may be grieved, but may not be addressed as an
Attempt to Resolve.
h) The following shall be prohibited from consideration under the
Resident Behavior Management System:
1) punishment;
2) restrictions
on diet; and
3) access to medical or sanitary facilities, showers, shaving,
hygiene products, clothing, bedding, mail, approved religious activities, legal
work, or counsel.
(Source: Amended at 44 Ill. Reg. 8246, effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.630 RULE VIOLATION
Section 299.630 Rule Violation
a) Behavior that jeopardizes the safety of the residents, staff
or others, or the security of the Program or unit, or presents significant
management difficulties is considered a major rule violation. Behavior that
violates this Part or the Program or living unit rules, but does not place
anyone in jeopardy, compromise the security of the Program or present
significant management difficulties, is a minor rule violation. When the
classification is unclear, staff has the discretion to determine whether the rule
violation is major or minor.
b) A description of behaviors is included as Appendix A.
c) Every resident is presumed to be responsible for any
contraband or other property that is prohibited by this Part or by Program and living
unit rules when that contraband or property is located on the resident's
person, within his/her room, or within areas of housing or task assignment that
are under his/her control. If the resident produces evidence that convinces
the treatment team that he/she did not commit the rule violation, the resident
shall not be given a behavioral intervention.
(Source: Amended at 44 Ill. Reg. 8246, effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.640 PREPARATION AND REVIEW OF INCIDENT REPORTS
Section 299.640 Preparation and
Review of Incident Reports
a) Every employee has the duty to observe the conduct of
residents. When staff detect or observe rule violations, they shall order the
resident to stop or redirect the resident to appropriate behavior. Residents
are required to comply with staff orders.
b) If an employee observes potential rule violations, major or
minor, discovers evidence of violation commission, or receives information from
a reliable witness of rule violations, he/she shall prepare an incident report.
c) The incident report must be fully completed. The reporting
employee shall provide the following information to the extent known or
available:
1) The name and identification number of the resident;
2) The place, approximate time, and date of the rule violation;
3) The rule violations that the resident is alleged to have
committed;
4) A written statement of the conduct observed;
5) The names of residents, employees and visitors who were
witnesses;
6) Any statements by the resident; and
7) The signature of the reporting employee.
d) The Program Director shall promptly review and make a determination
regarding all incident reports involving residents and, when appropriate, refer
resident incidents to either the Behavior Committee (for major rule violations)
or the Program Unit Hearing Officer (for minor rule violations) for review of
possible rule violations and make a recommendation. For the purposes of
incident report review, the writer or writers of pertinent incident reports
will be excluded from the Committee or serving as a Program Unit Hearing
Officer.
(Source: Amended at 44 Ill. Reg. 8246, effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.650 ASSIGNMENT TO TEMPORARY SPECIAL MANAGEMENT STATUS
Section 299.650 Assignment
to Temporary Special Management Status
a) The Program Director shall determine whether it is necessary
to temporarily assign the resident to Special Management Status in accord with this
Section, pending a review of the incident report. The decision to place a
resident in Temporary Special Management Status (TSMS) may be based, among
other matters, on:
1) The aggressiveness of the Resident;
2) The threat posed to the safety and security of the facility;
3) The need to restrict the Resident's access to the general
population to protect him or her or others from injury or to conduct the
review; and/or
4) The seriousness of the rule violation.
b) Residents placed on TSMS may be housed in their rooms, or
living areas, or any other area of the facility designated by the Program
Director.
c) Behavior Committee Determination
1) The Behavior Committee shall review the decision to
temporarily assign a resident to Special Management Status within two working
days, whenever possible, and may:
A) Continue the reassignment pending further investigation. Continued
reassignment shall be reviewed within two working days, whenever possible. The
Program Director will be notified whenever the resident's temporary
reassignment has been continued;
B) Determine that the documented allegations do not meet the
threshold for continuation on Special Management Status and return the resident
to his/her prior management status;
C) Determine that the resident did engage in the reported rule
violations and reassign the resident to Special Management Status; or
D) Determine that the resident did engage in the reported
misconduct and reassign the resident to a management status that provides
appropriate management, treatment and privileges relative to the resident's
needs.
2) Among other matters, the factors listed in subsection (a) may
be considered by the Committee in arriving at its decision.
d) A resident who has pending charges from a criminal offense
arising from Program rule violations may remain in Special Management Status
and be housed in any area designated by the Program Director as a special
management area of the facility.
(Source: Amended at 44 Ill. Reg. 8246, effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.655 PROGRAM UNIT HEARING OFFICER PROCEDURES
Section 299.655 Program Unit
Hearing Officer Procedures
a) The Program Unit Hearing Officer shall be either
security or clinical staff designated by the Program Director to hear
allegations of minor rule violations that do not result in reassignment of management
status. Any person who initiated the allegations that serve as the basis for
the incident report, or who conducted a formal investigation into those allegations,
or who witnessed the incident, or who is otherwise not impartial shall not
conduct a hearing on that report.
b) The hearing shall be convened, but need not be
concluded, within 14 days after the commission of the rule violation or its
discovery, whenever possible, unless the resident is unable to participate in
the hearing.
c) The resident shall receive a 24-hour written
notice of the allegations and violations being presented against him/her prior
to the hearing.
d) The hearing may be continued to obtain
additional information or upon the resident's written request based on good
cause shown.
e) The resident shall have the right to appear
before and address the Program Unit Hearing Officer.
f) The Program Unit Hearing Officer may interview
witnesses and review any information relevant to the violation.
g) The Program Unit Hearing Officer may return the
report to the Program Director with a recommendation for a hearing before the
Behavior Committee.
h) The Program Unit Hearing Officer may decide upon
any of the actions authorized in Section 299.665(c)(3), except that he/she may
not change the resident's management status.
i) A recommended decision shall be
signed by the Program Unit Hearing Officer that contains a summary of oral and
written statements and other evidence presented, the decision, and the behavior
action implemented. The Program Director shall review the recommendation and
render a final decision.
(Source: Added at 44 Ill. Reg. 8246,
effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.660 REVIEW OF INCIDENT REPORTS (REPEALED)
Section 299.660 Review of
Incident Reports (Repealed)
(Source: Repealed at 44 Ill. Reg. 8246, effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.665 BEHAVIOR COMMITTEE PROCEDURES
Section 299.665 Behavior
Committee Procedures
a) Whenever practicable, a resident who is the subject of an
incident report shall be allowed to address the Behavior Committee in order to
present his/her views regarding the reported incident. This may be denied if
it is determined to be clinically contraindicated, would place a resident or
others at risk of harm, or would jeopardize the safety or security of the
Program.
b) The Behavior Committee shall document its decision and the
reason for that decision in the Resident's behavioral record.
c) Violations of facility or living unit rules shall be addressed
through specific treatment recommendations and/or referral to ancillary
services (e.g., anger management); reassignment of management status;
adjustment of privileges; or any combination of these three actions. The
Behavior Committee shall determine which interventions are most appropriate.
1) Treatment recommendations and/or ancillary services to address
rule violation must be logically related to the rule violation (e.g., anger
management for reactive, anger-based aggression), must be available, and must
have a reasonable expectation of success.
2) The Behavior Committee may reassign residents to a different management
status whenever rule violations indicate that they cannot be effectively
managed at their current management status.
3) Although progressive in nature, privileges may be adjusted
upon the increased risk of harm or disruption to Program security. Behavioral interventions
may include the removal of a privilege that the resident has earned through
good behavior. The behavioral interventions should be reasonably related to
the rule violation.
d) Upon determination that a resident has violated a facility
rule, the Behavior Committee shall determine appropriate management status,
determine appropriate treatment recommendations and/or ancillary services,
adjust privileges, or take any combination of these actions. The Committee may
also establish time limits on the management status, or behavioral intervention,
or conditions imposed.
(Source: Added at 44 Ill. Reg. 8246, effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.670 CONSEQUENCES FOR RULE VIOLATION (REPEALED)
Section 299.670 Consequences
for Rule Violation (Repealed)
(Source: Repealed at 44 Ill. Reg. 8246, effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.680 RESTITUTION PROCEDURES
Section 299.680 Restitution
Procedures
a) The Behavior Committee may recommend that the resident make
restitution in any amount not to exceed actual out-of-pocket expenses or loss
caused by the conduct of the resident. Restitution may include restoration for
damage to property or person caused by the resident. The Committee shall
determine the amount and the conditions of payment.
b) If the Behavior Committee determines that restitution for
damage to property or person is appropriate, it shall ask the resident to agree
to authorize disbursement from his/her trust fund or from any other account of
the resident or, when appropriate, agree to restore the damaged items to the
condition the items were in before the damage occurred.
1) If the resident agrees to make restitution, he/she shall sign
an agreement to restore the damaged items or authorize disbursement of funds to
either the State or the appropriate individual.
2) If the resident refuses to agree to either restore the damaged
items or authorize disbursement of his/ her current funds or future earnings in
accordance with the Behavior Committee's determination, the Committee may
recommend to the Business Administrator that a hold be placed on the resident's
account for the owed amount. The Committee may further recommend to the
Business Administrator that commissary privileges and/or award of reward points
be suspended, in whole or in part, for a period of time. The Business
Administrator is authorized to take such action as he/she deems necessary to
recoup payment, including debits to the resident's trust fund.
c) The Behavior Committee may consider the resident's willingness
to make restitution when considering any other behavioral intervention.
d) A resident shall not be subjected to greater behavioral intervention
because he/she is without funds and therefore unable to make restitution.
e) In the event a resident is released prior to full restitution,
arrangements shall be made to address payment of the balance of the authorized
restitution by the resident.
(Source: Amended at 44 Ill. Reg. 8246, effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.690 PLACEMENT IN SPECIAL MANAGEMENT STATUS
Section 299.690 Placement in
Special Management Status
Residents whose behaviors threaten
the safety or security of the facility or who cannot otherwise be effectively
managed in their current management status may be confined in their rooms, in
their assigned residential units, or relocated to another area of the facility
designated by the Program Director. Placement in Special Management Status
does not supersede or eliminate any other informal or formal behavioral intervention
that has been previously offered by staff, the Program Unit Hearing Officer or
the Behavior Committee.
(Source:
Amended at 44 Ill. Reg. 8246, effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.700 SPECIAL MANAGEMENT STATUS STANDARDS
Section 299.700 Special
Management Status Standards
Standards for living conditions
in Special Management Status shall include the following:
a) Residents in SMS shall be permitted personal property as
allowed and ordered by the Program Director for safety and security reasons.
b) Notwithstanding the foregoing, residents in SMS shall be
permitted access to writing instruments, incoming and outgoing mail, legal mail,
their legal materials, courts and legal counsel.
c) Residents in SMS shall receive food comparable to that
provided to the general population. Approved religious or medical diets shall
not be interrupted.
d) Movement outside the special management area shall be
permitted as approved by the Program Director after considering safety and
security concerns.
e) Healthcare personnel shall visit residents on SMS as often as
necessary to address any health related concerns.
f) Requests by a resident to perform religious rituals or other
matters of religious observance shall be accommodated when they do not
interfere with the health and safety of residents or staff or otherwise pose a
risk to overall safety or security of the facility. When a religious
observance request is in conflict with reasonable facility rules, an alternate
accommodation may be sought..
g) Each resident in SMS shall be contacted by a member of the
clinical staff at least once every seven days, or more often if clinically
warranted.
h) Continued involvement in sex offender specific treatment and
ancillary services may be permitted on an individual basis, as approved by the
Program Director after considering the attendant safety and security concerns.
i) Residents shall be afforded the opportunity for a minimum of
one hour exercise outside their rooms per week. However, exercise may be
temporarily restricted or suspended, unless medically contraindicated, if the
Program Director determines the activity to be a threat to the health or safety
of any person or to the overall security of the facility.
j) Residents in SMS shall be permitted a shower and shave not
less often than once every three days and shall be provided with clean bedding
and clothing at least once per week.
k) Residents in SMS shall be permitted reading materials approved
by clinical staff and security staff.
l) Residents in SMS shall not be subjected to excessive heat or
cold and shall be provided with adequate ventilation, plumbing facilities and
light.
(Source: Amended at 44 Ill. Reg. 8246, effective April 28, 2020)
SUBPART G: RESIDENT GRIEVANCES
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.800 FILING OF GRIEVANCES
Section 299.800 Filing of
Grievances
a) A resident shall first attempt to resolve incidents, problems
or complaints, other than complaints concerning behavior review proceedings,
through filing an Attempt to Resolve (ATR). If a resident is unable to resolve
a complaint through the ATR process, or if the complaint concerns a proceeding
before the Program Unit Hearing Officer or the Behavior Committee, the resident
may file a written grievance on a grievance form that shall be made available
in all living units. A grievance shall be filed within one month after the
discovery of the incident, occurrence, or problem that gives rise to the
grievance or within one month after the receipt of a decision. However, if a
resident can demonstrate that a grievance was, for good cause, not timely
filed, the grievance shall be considered.
b) The grievance form shall be addressed to the Grievance
Examiner and shall be deposited in the living unit mailbox or other designated
repository.
c) Staff assistance shall be available for those residents who
cannot prepare their grievances unaided, as determined by facility staff.
1) All residents shall be entitled to invoke the grievance
procedure regardless of their management status or classification.
2) Each facility shall take reasonable steps to ensure that the
grievance procedure is accessible to residents who are impaired or disabled.
d) Residents must be informed of the grievance procedure and may
request further information regarding the procedure from their primary
therapists.
1) The written procedure shall be available to all residents.
2) A resident unable to speak or read the English language may
request that the procedure be explained in his/ her own language.
e) Actions or reprisals may not be taken against a resident for
using the grievance procedure. A resident may submit a grievance alleging that
a reprisal has been made against him/ her.
(Source: Amended at 44 Ill. Reg. 8246, effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.810 GRIEVANCE EXAMINER
Section 299.810 Grievance
Examiner
a) The Program Director shall appoint two or more employees to
serve as a Grievance Examiner who shall attempt to resolve problems, complaints
and grievances that residents have been unable to resolve through the ATR
process.
b) No person who is directly involved in the subject matter of
the grievance, who was the Program Unit Hearing Officer, who was a member of
the Behavior Committee that heard an incident report concerning the grievance,
or who is otherwise not impartial, may serve as the Grievance Examiner
reviewing that particular case.
(Source: Amended at 44 Ill. Reg. 8246, effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.820 GRIEVANCE PROCEDURES
Section 299.820 Grievance
Procedures
a) A Grievance Examiner shall review grievances at least weekly,
provided that one or more grievances have been filed. The Grievance Examiner
shall determine whether to process a grievance or return the grievance as not
grievable.
b) If the Grievance Examiner determines further clarification is
necessary, he/she may meet with the resident.
c) The Grievance Examiner shall consider the grievance and review
all findings and recommendations within 15 working days after receipt of the
grievance, whenever practicable. The Grievance Examiner shall submit, in
writing, to the Program Director, within five working days, the findings and
recommendations. The Program Director shall make the decision as to whether
the grievance is resolved, denied, upheld or not indicated and shall provide that
determination, in writing, to the Grievance Examiner within 10 working days.
The Grievance Examiner shall advise the resident of the Program Director's
decision, in writing, within 10 working days , whenever possible.
(Source: Amended at 44 Ill. Reg. 8246, effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.830 EMERGENCY GRIEVANCE PROCEDURES
Section 299.830 Emergency Grievance
Procedures
a) All grievances marked as emergency shall be
reviewed by a Grievance Examiner every working day after receipt.
b) The Grievance Examiner shall review and
immediately forward all grievances determined to be an emergency to the Program
Director.
c) If the Program Director determines that there is a substantial
risk of imminent personal injury or other serious or irreparable harm to the resident,
or others, the Program Director shall notify the Grievance Examiner that the
grievance shall be handled on an emergency basis.
d) The Program Director shall respond to the resident within
three working days after receipt of the grievance, indicating what action shall
be or has been taken.
(Source: Amended at 44 Ill. Reg. 8246, effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.840 GRIEVANCE APPEALS
Section 299.840 Grievance Appeals
a) If, after receiving the decision of the Program Director, the resident
is of the opinion that the grievance has not been resolved to his/ her
satisfaction, he/ she may appeal in writing to the Program Administrator within
30 days after receipt of the decision. Copies of the Grievance Examiner's
report and the Program Director's decision shall be attached.
b) The Program Administrator shall review the grievance and the decision
of the Program Director. The Program Administrator may call witnesses or
examine records at his/her discretion. The Program Administrator shall make a
final determination of the appeal within 45 working days, whenever practicable.
The resident shall be sent a written copy of the Program Administrator's
decision.
(Source: Amended at 44 Ill. Reg. 8246, effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.850 GRIEVANCE RECORDS
Section 299.850 Grievance Records
Records regarding the filing and
disposition of grievances shall be collected and maintained by the facility as
required by State record retention and confidentiality laws.
(Source:
Amended at 44 Ill. Reg. 8246, effective April 28, 2020)
SUBPART H: EVALUATION AND RESEARCH
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.900 PROGRAM EVALUATION
Section 299.900 Program
Evaluation
The Department may evaluate the
whole, or any part of, the Program for the purpose of quality assurance and
improvement.
(Source: Amended
at 44 Ill. Reg. 8246, effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.910 RESEARCH
Section 299.910 Research
This Subpart applies to any
person or entity seeking to conduct a research or evaluation study on residents
within the Department.
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.920 REQUIREMENTS FOR SUBMITTING RESEARCH PROPOSALS
Section 299.920 Requirements
for Submitting Research Proposals
a) Any request to conduct research or an evaluation study
involving former or present residents and/or employees, programs or facilities,
whether originating inside or outside the Department, shall be in writing and
shall be submitted to the Secretary for review and authorization.
b) The person or entity requesting the research or study shall
provide the following written documentation prior to approval of the request:
1) A formal research proposal including names and vitae of the researchers;
abstract of the project, including purpose, methodology, duration, the number
of subjects, amount of time required for each subject, and dissemination plan;
and Department resources to be utilized;
2) Approval obtained from a Human Subjects Research Committee and
Institutional Review Board, when applicable;
3) A signed Research Agreement that shall contain a statement
that any rights of privacy, informed consent, confidentiality and protection
from harm are met in accordance with accepted professional and scientific
ethics and that the requirements of any applicable Illinois and federal statute
or regulation have and will continue to be met; and
4) Any other information deemed necessary to the authorization
process.
(Source:
Amended at 44 Ill. Reg. 8246, effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.930 CRITERIA FOR APPROVAL OR DENIAL OF RESEARCH PROPOSALS
Section 299.930 Criteria for
Approval or Denial of Research Proposals
a) The request to conduct research or an evaluation study shall
be reviewed to determine if the proposed study is ethical, feasible,
methodologically sound, and relevant to the needs and goals of the Department.
b) Requests to conduct research or an evaluation study may be
denied for reasons that may include, among other factors, the nature and risk
of the research, concern for security, and the level of demand on staff time
and Department finances.
c) Research projects involving use of residents in medical,
cosmetic, or pharmaceutical experiments shall not be permitted.
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.940 REQUIREMENTS FOR CONDUCTING RESEARCH PROJECTS
Section 299.940 Requirements
for Conducting Research Projects
a) The researcher shall provide periodic reports on the progress
of the research project as required. Any changes in the scope or methodology
of the project shall be reported.
b) Permission to conduct the current study and any further
research may be discontinued for, among other matters, violation of Department
rules or security requirements or for violation of applicable Illinois or
federal statute or regulations. The factors to be considered in determining
whether to discontinue a project shall include, but not be limited to: whether
the violation was intentional; the seriousness of the violation; whether the
project is placing greater demands on Department resources than originally
stated; or whether the project has been expanded beyond the stated purpose and
scope of the project.
c) Prior to publication of the results of a research project, the
researcher shall provide copies of the material accepted for publication to the
Department for informational purposes.
d) Following publication, additional copies may be provided for
the Department without cost, if so specified in the signed Research Agreement.
SUBPART I: REIMBURSEMENTS
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.1000 CHARGES FOR SERVICES IN A SECURE RESIDENTIAL FACILITY
Section 299.1000 Charges for Services in a Secure
Residential Facility
a) The
maximum charge for services to be assessed against a recipient, or the estate
of a recipient, in a Department-operated secure residential facility, shall be
100% of the average per capita cost of the secure residential facility
commencing with Fiscal Year 2019 and recalculated each July 1 thereafter.
b) The
maximum charge for services to be assessed against a recipient or the estate of
a recipient maintained in the community on a plan of conditional release, shall
be 100% of the actual cost of maintaining the recipient in the community under
the plan of conditional release ordered by the committing court.
(Source: Added at 44 Ill. Reg. 8246,
effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.1010 PAYMENTS
Section 299.1010 Payments
a) The
maximum rate to be used when filing claims for benefits under Title XVIII of
the Social Security Act (Medicare) (42 USC 1395b-1), Title XIX of the Social
Security Act (Medicaid) (42 USC 1396a), Veteran's Administration benefits (38
USC 521, 541, 542), Champus/Champva (38 USC 601), and active military is not to
exceed the rate set by the Illinois Department of Healthcare and Family
Services (HFS), or as approved each year for the respective program. Payments
received from a benefit or federal insurance program shall be credited on a
dollar for dollar basis for each covered day up to the maximum per capita cost
for which the recipient has a liability or the contracted rate established by
the provider, whichever is less.
b) All
payments received from private hospitalization insurance shall be credited
against the person's liability, on a dollar for dollar basis, up to the
prevailing maximum charge established in this Section.
c) All
payments on behalf of persons from any source shall be credited against
Medicaid billings if for the same period of service.
d) If a
spouse who is a legal dependent of a recipient is designated as payee of the recipient's
benefits and is using those benefits as his/her income, charges shall be
established on the total combined income in accordance with the schedule in
Table A of this Part.
e) Voluntary
payments in excess of required amounts will be accepted from the recipient and
from persons not legally responsible.
(Source: Added
at 44 Ill. Reg. 8246, effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.1020 LIABILITY FOR SERVICES CHARGES
Section 299.1020 Liability for Services Charges
a) Recipients
have the primary liability for payment of sums representing charges for
services at the prevailing maximum rate determined by the Department, subject
to the allowable reserve. Upon the death of the recipient, the estate of the recipient
has the primary liability for payment of unpaid sums representing charges for
services at the prevailing maximum rate established in Section 299.1000.
b) The recipient
or, if deceased, the estate of the recipient retains liability as long as
unpaid services charges remain.
c) Income
accruing from a trust estate of a person shall be charged the same as other
assets. If the income from the trust is not sufficient to meet the maximum
cost of services to the person, the Department shall, in those cases in which
the trust agreement specifically states that the principal, if needed, may be
used, establish charges against both the income and the corpus of the trust.
d) When
a person under the age of 22 receives benefits from a federal government agency
that are to provide for the recipient's care and maintenance needs, those funds,
when the law allows, shall be applied toward the State's cost of providing
care, less any applicable personal allowance.
e) If
the recipient is also a Medicaid recipient and receives benefits from a federal
government agency, the federal funds, less the applicable personal allowance
specified in 89 Ill. Adm. Code 113.247, must be applied toward the Medicaid
charges in accordance with 42 CFR 435.732. Claims submitted by the Department
to HFS shall be reduced by the amount of these net benefits.
(Source: Added
at 44 Ill. Reg. 8246, effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.1030 DETERMINATION OF ABILITY TO PAY SERVICES CHARGES
Section 299.1030 Determination of Ability to Pay
Services Charges
a) The
Department, in determining the ability of the person to pay services charges, will
assemble any necessary information pertaining to his/her financial status and will
then set the amount for which the person will be held liable. The person must
furnish financial information on admission or as soon thereafter as possible to
enable the Department to make a proper determination of the sources available
for reimbursement of the cost of services charges. The Department will require
the person to update his/her financial information on not less than an annual
basis. The liability for payment of services charges shall be based on
information available at the time of determination. (The data may include
savings, trusts, wills, evidence of indebtedness, evidence of court-ordered
payments, and the like.) Each person for whom a determination has been made
shall be issued a Notice of Determination, notifying the person of his/her
liability. The notice shall be issued even when current determined liability
is $0.00.
b) When
there is a demonstrated ability to pay, payment for services is an obligation,
established by Section 90 of the Act, against the person, guardians, trustees
and/or payees.
c) Subsequent
review may be initiated by the recipient prior to the annual redetermination
due to changes in ability to pay or as a result of an administrative hearing.
Service recipients have a duty to inform the Department of any changes in their
financial status.
d) The
determination of the ability to pay and amount of liability of the person for
services charges, up to the prevailing maximum rate, shall be based on all assets
and income of the person. After considering the person's legal dependent's
financial needs (see subsection (h)), all resources and assets are reduced to
the allowable reserve exemption in accordance with subsection (e).
e) The
allowable reserve exemption is determined by the amount of assets owned at the
time of initiation of services, except that the allowable reserve exemption
from all sources cannot exceed that established by HFS (see 89 Ill. Adm. Code
120.382). The service recipient's allowable reserve exemption can only be
increased by the unused portions of the monthly personal and clothing allowance
or unspent workshop or other monetary incentive funds, such as living skills
program funds. Amounts to be paid by the service recipient for services
charges may not be deferred to build a reserve to the maximum amount allowed.
f) If
the person becomes eligible and is approved for Medicaid, 42 CFR 430 (2016) and
HFS rules at 89 Ill. Adm. Code 120.382 govern the allowable reserve and
personal and clothing allowance.
g) The
Department shall allow deductions from income for a community spouse
maintenance needs allowance and a family maintenance needs allowance for each
dependent family member who does not have enough income to meet his/her needs.
Family members include dependent children under age 21, dependent adult
children, dependent parents, or dependent siblings of either spouse, who are
living with the community spouse. To determine the amount of the deduction:
1) The
deduction for the community spouse maintenance needs allowance, as set forth in
89 Ill. Adm. Code 120.61(d), is equal to the community spouse maintenance needs
standard less any non-exempt monthly income of the community spouse. The
deduction is allowed only to the extent that income of the spouse who is
receiving services at a Department-operated facility is contributed to the
community spouse. However, the deduction for the community spouse maintenance
needs allowance shall not be less than the amount ordered by the court for
support of the community spouse or the amount determined as the result of the
fair hearing.
2) The
deduction for the family maintenance needs allowance for each dependent family
member is equal to one-third of the difference between the family maintenance
needs standard and any non-exempt income of the family member as set forth in
89 Ill. Adm. Code 120.61(d).
h) Prior
to the assessment of services charges against a recipient, the Department shall
review the financial needs of the recipient's legal dependents. The financial
needs of these legal dependents shall be based on amounts expended up to an
amount equal to the minimum yearly income for which a person would be subject
to a charge as shown in Table A of this Part. Any amounts allowed that are not
expended for support of legal dependents claimed on the recipient's U.S.
Individual Income Tax Return shall be subject to services charges.
(Source: Added
at 44 Ill. Reg. 8246, effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.1040 COMPUTING MONTHLY COSTS OF SERVICES CHARGES
Section 299.1040 Computing Monthly Costs of Services
Charges
The liability of recipients and the estates of recipients
for services shall be computed in the following manner:
a) Monthly
liability established against a service recipient in order to secure care is
determined by multiplying the per diem rate for the secure residential care
service provided by the number of actual days of service received by the person
during the month. The per diem rate will be recalculated annually.
b) Monthly
liability established against a service recipient ordered to conditional
release is determined by calculating the actual cost of services provided
during that month. The phrase "actual cost" includes both the
administrative costs associated with maintaining the service recipient on the
conditional release program and the total cost of supporting the person in the
community, which includes, but is not limited to:
1) sex
offender specific treatment and ancillary services;
2) transportation
costs;
3) food
and groceries;
4) medical/dental
care;
5) housing
and utilities;
6) polygraph
and/or drug testing;
7) electronic
monitoring/surveillance costs;
8) spending
cash;
9) cell
phone and other methods of maintaining contact; and
10) any
other costs incurred specific to the service recipient.
(Source: Added
at 44 Ill. Reg. 8246, effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.1050 ALLOWANCES FOR UNUSUAL EXPENSES AND/OR EXCEPTIONAL CIRCUMSTANCES IN DETERMINING ABILITY TO PAY SERVICES CHARGES
Section 299.1050 Allowances for Unusual Expenses and/or
Exceptional Circumstances in Determining Ability to Pay Services Charges
a) If an
examination or re-examination reveals unusual and/or exceptional circumstances
indicating that the recipient's income and assets, as reported on schedules B
and C of the Financial Questionnaire, are not an adequate measure to determine
ability to pay services charges, allowances for the following unusual and/or
exceptional circumstances shall be made in the application of the schedule of
charges:
1) Transfer
to prison for revocation of probation or subsequent conviction;
2) Provable
reduction in income;
3) Additional
dependents; and
4) Unforeseen
catastrophic expenses.
b) All service
recipients requesting allowance under subsection (a) must furnish proof of the
unusual and/or exceptional circumstances.
(Source: Added
at 44 Ill. Reg. 8246, effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.1060 PETITION FOR RELEASE FROM OR MODIFICATION OF SERVICES CHARGES
Section 299.1060 Petition for Release from or
Modification of Services Charges
Any service recipient who has been issued a Notice of
Determination of sums due as service charges may petition the Department for a
review of that determination. The appeal process is detailed in 89 Ill. Adm.
Code 508, with the exception that a petitioner has 90 days to file an appeal
request. The petitioner cannot be represented by another service recipient.
(Source: Added
at 44 Ill. Reg. 8246, effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.1070 ACTIONS FOR COLLECTION OF SERVICES CHARGES
Section 299.1070 Actions for Collection of Services
Charges
a) When
it is necessary for the Department to disclose information in order to collect
services charges, that disclosure shall be limited to information needed to
pursue collection, and the information disclosed shall not be used for any
other purpose, nor shall it be redisclosed except in connection with collection
activities.
b) Upon
request of the Department, the Office of Attorney General, or the State's
Attorney of the county in which a service recipient who is liable under the Act
for payment of services charges resides, shall institute appropriate legal
action against any such recipient, or, within the time provided by law, shall
file a claim against the estate of a deceased recipient for unpaid services
charges.
c) The
court shall order the payment of sums due for services charges for such period
or periods as the circumstances require. The order may be:
1) entered
against any person; and
2) based
upon the proportionate ability of each person to contribute to the payment of
sums representing services charges, including the actual charges for services
in facilities outside the Department when the Department has paid those
charges.
d) Orders
for the payment of money may be enforced by garnishment, attachment, contempt
and/or any other mechanism authorized by law. In addition, other judgments for
the payment of money, pre- and post-judgment interest, and costs may be
adjudged against the person.
(Source: Added
at 44 Ill. Reg. 8246, effective April 28, 2020)
Section 299.APPENDIX A Rule Violations
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.APPENDIX A RULE VIOLATIONS
Section 299.APPENDIX A Rule
Violations
Willfully disobeying any rule of
the facility is prohibited. Rule violations that do not affect the safety or
security of the facility may be deemed minor rule violations and may be
addressed by the Program Unit Hearing Officer. Conversely, rule violations
that impact the safety and security of the facility are deemed major rule violations
and require an appearance before the Behavior Committee to determine the
appropriate behavioral intervention.
Aiding and abetting any person
in the commission of any of these rule violations; attempting to commit any of
these rule violations; soliciting another to commit any of these rule
violations; or conspiring to commit any of these rule violations, shall be considered
the same as the commission of the rule violation itself.
MAJOR
RULE VIOLATIONS
ARSON
Setting fire anywhere outside or
inside the facility, the grounds or State vehicles is not allowed.
BATTERY TO ANY PERSON
Causing a person or an object to
come into contact with another person in an offensive, provocative or injurious
manner, or fighting with a weapon is not allowed.
BRIBERY & EXTORTION
Asking for or receiving anything
of value in exchange for protection, to avoid harm or injury, or through coercion
is not allowed. Giving or receiving money or anything of value may
additionally be deemed trading and trafficking.
CELL PHONE OR COMPUTER/INTERNET USAGE
Receiving, possessing or using a
cell phone or internet capable device (this also includes wireless connections
such as data, Bluetooth or WIFI) or a similar technology medium is not
allowed. In addition, e-mail and social networking is not allowed. Homemade
computers are not allowed. Residents are not allowed to create, make, assemble
or build a computer or similar device or maintain any device capable of storing
electronic data or images.
COMMUNICATION, MISUSE OR POSSESSION OF STAFF PERSONAL
INFORMATION OR ITEMS
Seeking or giving out any
personal information to another resident, staff member or visitor about a staff
member (former or current) of the TDF is not allowed. This includes talking or
writing anything of a personal nature about a staff member.
CONCEALMENT OR MISREPRESENTATION
OF IDENTITY
Wearing a disguise or a mask,
impersonating another, or otherwise concealing one's identity is not allowed. This
includes residents refusing to identify themselves with their ID, when
requested by an employee, or wearing a hat or wig, make-up or sunglasses inside
the facility without authorization.
DAMAGE OR MISUSE OF PROPERTY
Destroying, damaging, defacing,
removing, altering, tampering with, or otherwise misusing State property, the property
of another person, or the resident's own property, including the obstruction of
locks or security devices, is not allowed.
DANGEROUS CONTRABAND
Possessing, manufacturing,
introducing, selling, supplying to others, or using without authorization any
explosive, acid, caustic material for incendiary devices, ammunition, dangerous
chemical, escape material, knife, sharpened instrument, gun, firearm, razor,
glass, bludgeon, brass knuckles, any other dangerous or deadly weapon or
substance of like character, or any object that is made to appear to be a
deadly or dangerous weapon or substance is not allowed.
DANGEROUS DISTURBANCES
Causing, directing or
participating in any action, either within the facility or in the community,
that may seriously disrupt facility operations or threaten the health or safety
of any persons or the condition of property is not allowed. This includes the
taking or holding of hostages by force or threat of force.
DISOBEYING A DIRECT ORDER (MAY ALSO BE A MINOR VIOLATION)
Willfully refusing to comply
with an order, including the refusal to participate in testing for drug abuse required
under Section 45 of the Act, is not allowed.
DRUGS AND DRUG PARAPHERNALIA
Possessing, manufacturing,
introducing, selling, giving to others, or receiving alcohol, any intoxicant,
inhalant, narcotic, syringe, needle, controlled substance or marijuana, or
being under the influence of any of these substances is not allowed. This violation
includes medication misuse, e.g., the possession or use of unauthorized amounts
of prescribed medication and selling, supplying, or receiving prescribed
medication to/from others.
ESCAPE
Leaving or failing to return to
lawful custody of the facility without authorization is not allowed.
FIGHTING
Unauthorized fighting with
another consenting person, which is not likely to cause serious bodily injury
to one or the other, and that does not involve the use of a weapon, is not
allowed.
FORGERY
Forging, counterfeiting or
reproducing any signature, document, article of identification, money, security
or official paper without authorization is not allowed.
HEALTH, SMOKING OR SAFETY
VIOLATIONS
Smoking and chewing tobacco of any kind are not allowed in
the facility. All eating, living and work areas are to be kept clean and free
of items or trash. Tattooing or body piercing is not allowed.
INTERFERING WITH FACILITY OPERATIONS
Behavior that interferes with
the smooth and orderly operation of the facility is not allowed. This includes
movement to or from the living unit, movement during med line and count,
escorted movement, or when a resident is asked to be secured in his/her room,
etc. This also includes refusing to accept a room assignment and refusing to
follow any drills and/or emergency procedures.
INTIMIDATION OR THREATS
Expressing, by words, actions or
other behavior, an intent to injure any person that creates the reasonable
belief that physical, monetary or economic harm to that person or to another
will result is not allowed.
PETITIONS AND BUSINESS VENTURES
Writing, signing or circulating a petition without
authorization is not allowed. Engaging in a business venture without express
authorization from the Program Director is not allowed.
POSSESSION OF MONEY OR CASH EQUIVALENTS
Possessing or causing to be brought into the facility,
United States currency/coins or other negotiable instruments is not allowed.
This includes credit cards, debit cards, gift cards, money orders, cash, etc.
PROVIDING FALSE INFORMATION TO STAFF
Giving false information,
directly or indirectly, in the course of an investigation that would mislead an
employee is not allowed.
SEXUAL MISCONDUCT AND SEXUAL
CONTACT
Residents are not allowed
to have sexual activity or sexual contact or ask for sexual activity with other
persons in the facility. Self-gratifying sexual behavior, such as
masturbation, can only occur in the privacy and confines of a resident's
own room and cannot be done within view of employees or other residents,
including the resident's roommate. Touching anyone's genital area over or
under the clothing, kissing, hugging, patting, fondling of any sort, including
sexual activity, is not allowed. Being in the shower with another resident
is not allowed. Sexual talk, sexual horseplay, sexual language and
comments that are offensive are not allowed.
STAFF MANIPULATION OR SPLITTING
Attempting to bribe, convince, trick, sway or talk an employee
into going against the facility or living unit rules, or the policies and procedures
set forth in the Resident Handbook, is not allowed. Going from one employee
to another in order to split staff or in order to "shop around" for
an answer the resident likes, is not allowed.
STALKING
Willful and repeated following, watching, calling and/or
harassing of another resident or employee is not allowed.
STEALING – MAJOR
Taking any items from the facility,
another resident or employee without authorization is not allowed. Stealing that
threatens the safety or security of the facility is a major rule violation.
TRADING AND TRAFFICKING – MAJOR
The exchange (giving, accepting, loaning or borrowing) of
any item, personal items or services is not allowed. Residents may not
trade or traffic with any employee, visitor or other resident. Trading or
trafficking that threatens the safety or security of the facility is a major
rule violation.
TRANSFER OF FUNDS
Causing money to be moved from one resident's trust fund account
to another resident's account, or having someone outside of the facility place
money in the account of another resident, is not allowed.
UNAUTHORIZED COMMUNICATION
Communicating, without prior
authorization, or engaging in unwelcome communication (e.g., by mail,
telephone, or through other persons) with any victim or the family of any
victim of sexual violence is not allowed. Unapproved or unwanted communication
with any employee or the family of an employee, or any person who has requested
no further communication must be respected at all times. Sending unauthorized
requests or correspondence is not allowed; this includes repeated and/or
excessive written requests or correspondence. In addition, written material
containing sexual language is not allowed.
UNAUTHORIZED MOVEMENT −
MAJOR
Unauthorized movement is being
anywhere that is not allowed or being absent from where the resident is
supposed to be. Unauthorized movement that threatens the safety or security of
the facility is a major rule violation.
UNAUTHORIZED ORGANIZATIONAL
ACTIVITY
Engaging or coercing others to engage in unauthorized
organizational activities or meetings; displaying, wearing, possessing or using
unauthorized organizational insignia or materials; or giving unauthorized
organizational signs is not allowed.
UNAUTHORIZED PROPERTY
Possessing, giving, loaning,
receiving or using property that a resident has no authorization to have or to
receive and that was not issued to him/her through regular procedures,
including the unauthorized possession of food or clothing, or the possession of
property in excess of that authorized by the facility, is not allowed.
VIOLATING STATE OR FEDERAL LAWS
Committing any act that would
constitute a violation of State or federal law is not allowed.
VIOLATION OF RULE – MAJOR
Any other behavior or activity
that, in the opinion of the Program Director, Security Director, or Treatment
Team, poses a therapeutic, fire, health and/or safety risk is a major rule
violation.
MINOR
RULE VIOLATIONS
ABUSE OF PRIVILEGES
Violating any rule that governs
the use of privileges at the facility is not allowed. This includes, but is
not limited to, visits, yard, commissary, telephone, recreational activities,
and use of State computers.
CONFERENCE CALLS/3-WAY CALLS
Unauthorized participation in a conference call or 3-way
call is not allowed.
CURSING AND YELLING
Swearing, shouting, yelling, cursing, threatening, or saying
anything aggressive or offensive to residents or employees is not allowed.
DISPLAYING OR PRACTICING MARTIAL ARTS
Displaying, instructing, or practicing martial arts, such as
karate, tae kwon do, kickboxing, jiu jitsu, judo, etc., is not allowed.
FAILURE TO MAINTAIN APPROPRIATE PERSONAL HYGIENE
Residents must always keep themselves clean and groomed.
Residents must make sure their clothing and bedding is washed on a regular
basis.
FAILURE TO NOTIFY STAFF
Concealing or failing to let an employee know of any rule
violation by another resident is a violation of facility rules.
FAILURE TO REPORT
Failure to report for a
scheduled group or Program assignment without good cause is not allowed.
GAMBLING
Gambling of any kind is not
allowed.
HORSEPLAY
Rowdy, loud or rough play,
wrestling, or physical contact is not allowed.
INSOLENCE
Communicating, touching,
gesturing or other behavior that harasses, annoys or shows disrespect to any
person is not allowed. This includes referring to employees by their first
names.
LOITERING
Loitering (to stand idle or linger) is not allowed. Hiding
or standing out of staff's view in order to read or hear what an employee is
writing or saying is considered loitering.
POSSESSION OF CONTRABAND – MINOR
Possession of contraband is not allowed. Possession of contraband
is considered a minor violation if it involves personal property that does not
threaten the safety or security of the facility.
ROOM VISITING
Standing, sitting, lying down, etc., outside another resident's
door in order to talk or visit is not allowed.
STEALING − MINOR
Taking any items from the
facility, another resident or an employee without authorization is not
allowed. To be considered a minor violation, the property must not pose a risk
to the safety or security of the facility.
TRADING AND TRAFFICKING −
MINOR
The exchange (giving, accepting,
loaning or borrowing) of any item, personal items, or services is not
allowed. A resident may not trade or traffic with any employee, visitor
or other resident. To be considered a minor violation, the property must not
pose a risk to the safety or security of the facility.
UNAUTHORIZED MOVEMENT – MINOR
Unauthorized movement is being
anywhere that is not allowed or being absent from where a resident is
supposed to be. Unauthorized movement that does not threaten the safety or
security of the facility is a minor rule violation.
VIOLATION OF RULES − MINOR
Willfully disobeying any rule of
the facility is prohibited. Any other behavior or activity that, in the
opinion of the Program Director, Security Director, or Treatment Team, does not
pose a therapeutic, fire, health and/or safety risk is a minor rule violation.
(Source:
Amended at 44 Ill. Reg. 8246, effective April 28, 2020)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299
SEXUALLY VIOLENT PERSONS
SECTION 299.TABLE A RESPONSIBLE RELATIVE LIABILITY
Section 299.TABLE A Responsible Relative Liability
TABLE A
Responsible Relative
Liability
Number in Family
(including recipient)
|
Annual
Income Range
|
|
Family
Size
|
|
|
|
|
|
2
|
3
|
4
|
5
|
6
|
7
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
$
7,000
|
-
|
$ 7,500
|
|
$ 5
|
|
|
|
|
|
|
|
7,501
|
-
|
8,000
|
|
10
|
|
|
|
|
|
|
|
8,001
|
-
|
8,500
|
|
15
|
|
|
|
|
|
|
|
8,501
|
-
|
9,000
|
|
20
|
$ 5
|
|
|
|
|
|
|
9,001
|
-
|
9,500
|
|
25
|
10
|
|
|
|
|
|
|
9,501
|
-
|
10,000
|
|
30
|
15
|
|
|
|
|
|
|
10,001
|
-
|
10,500
|
|
35
|
20
|
$ 5
|
|
|
|
|
|
10,501
|
-
|
11,000
|
|
40
|
25
|
10
|
|
|
|
|
|
11,001
|
-
|
11,500
|
|
45
|
30
|
15
|
|
|
|
|
|
11,501
|
-
|
12,000
|
|
50
|
35
|
20
|
$ 5
|
|
|
|
|
12,001
|
-
|
12,500
|
|
55
|
40
|
25
|
10
|
|
|
|
|
12,501
|
-
|
13,000
|
|
60
|
45
|
30
|
15
|
|
|
|
|
13,001
|
-
|
13,500
|
|
65
|
50
|
35
|
20
|
$ 5
|
|
|
|
13,501
|
-
|
14,000
|
|
70
|
55
|
40
|
25
|
10
|
|
|
|
14,001
|
-
|
14,500
|
|
75
|
60
|
45
|
30
|
15
|
|
|
|
14,501
|
-
|
15,000
|
|
80
|
65
|
50
|
35
|
20
|
$ 5
|
|
|
15,001
|
-
|
15,500
|
|
85
|
70
|
55
|
40
|
25
|
10
|
|
|
15,501
|
-
|
16,000
|
|
90
|
75
|
60
|
45
|
30
|
15
|
|
|
16,001
|
-
|
16,500
|
|
95
|
80
|
65
|
50
|
35
|
20
|
|
|
16,501
|
-
|
17,000
|
|
100
|
85
|
70
|
55
|
40
|
25
|
|
|
17,001
|
-
|
17,500
|
|
105
|
90
|
75
|
60
|
45
|
30
|
|
|
17,501
|
-
|
18,000
|
|
110
|
95
|
80
|
65
|
50
|
35
|
|
|
18,001
|
-
|
18,500
|
|
115
|
100
|
85
|
70
|
55
|
40
|
|
|
18,501
|
-
|
19,000
|
|
120
|
105
|
90
|
75
|
60
|
45
|
|
|
19,001
|
-
|
19,500
|
|
125
|
110
|
95
|
80
|
65
|
50
|
|
|
19,501
|
-
|
20,000
|
|
130
|
115
|
100
|
85
|
70
|
55
|
|
|
20,001
|
-
|
20,500
|
|
135
|
120
|
105
|
90
|
75
|
60
|
|
|
20,501
|
-
|
21,000
|
|
140
|
125
|
110
|
95
|
80
|
65
|
|
|
21,001
|
-
|
21,500
|
|
145
|
130
|
115
|
100
|
85
|
70
|
|
|
21,501
|
-
|
22,000
|
|
150
|
135
|
120
|
105
|
90
|
75
|
|
|
22,001
|
-
|
22,500
|
|
155
|
140
|
125
|
110
|
95
|
80
|
|
|
22,501
|
-
|
23,000
|
|
160
|
145
|
130
|
115
|
100
|
85
|
|
|
23,001
|
-
|
23,500
|
|
165
|
150
|
135
|
120
|
105
|
90
|
|
|
23,501
|
-
|
24,000
|
|
170
|
155
|
140
|
125
|
110
|
95
|
|
|
24,001
|
-
|
24,500
|
|
175
|
160
|
145
|
130
|
115
|
100
|
|
|
24,501
|
-
|
25,000
|
|
180
|
165
|
150
|
135
|
120
|
105
|
|
|
25,001
|
-
|
25,500
|
|
185
|
170
|
155
|
140
|
125
|
110
|
|
|
25,501
|
-
|
26,000
|
|
190
|
175
|
160
|
145
|
130
|
115
|
|
|
26,001
|
-
|
26,500
|
|
195
|
180
|
165
|
150
|
135
|
120
|
|
|
26,501
|
-
|
27,000
|
|
200
|
185
|
170
|
155
|
140
|
125
|
|
|
27,001
|
-
|
27,500
|
|
205
|
190
|
175
|
160
|
145
|
130
|
|
|
27,501
|
-
|
28,000
|
|
210
|
195
|
180
|
165
|
150
|
135
|
|
|
28,001
|
-
|
28,500
|
|
215
|
200
|
185
|
170
|
155
|
140
|
|
|
28,501
|
-
|
29,000
|
|
220
|
205
|
190
|
175
|
160
|
145
|
|
|
29,001
|
-
|
29,500
|
|
225
|
210
|
195
|
180
|
165
|
150
|
|
|
29,501
|
-
|
30,000
|
|
230
|
215
|
200
|
185
|
170
|
155
|
|
|
30,001
|
-
|
30,500
|
|
235
|
220
|
205
|
190
|
175
|
160
|
|
|
30,501
|
-
|
31,000
|
|
240
|
225
|
210
|
195
|
180
|
165
|
|
|
31,001
|
-
|
31,500
|
|
245
|
230
|
215
|
200
|
185
|
170
|
|
|
31,501
|
-
|
32,000
|
|
250
|
235
|
220
|
205
|
190
|
175
|
|
|
32,001
|
-
|
32,500
|
|
255
|
240
|
225
|
210
|
195
|
180
|
|
|
32,501
|
-
|
33,000
|
|
260
|
245
|
230
|
215
|
200
|
185
|
|
|
33,001
|
-
|
33,500
|
|
265
|
250
|
235
|
220
|
205
|
190
|
|
|
33,501
|
-
|
34,000
|
|
270
|
255
|
240
|
225
|
210
|
195
|
|
|
34,001
|
-
|
34,500
|
|
275
|
260
|
245
|
230
|
215
|
200
|
|
|
34,501
|
-
|
35,000
|
|
280
|
265
|
250
|
235
|
220
|
205
|
|
|
35,001
|
-
|
35,500
|
|
285
|
270
|
255
|
240
|
225
|
210
|
|
|
35,501
|
-
|
36,000
|
|
290
|
275
|
260
|
245
|
230
|
215
|
|
|
36,001
|
-
|
36,500
|
|
295
|
280
|
265
|
250
|
235
|
220
|
|
|
36,501
|
-
|
37,000
|
|
300
|
285
|
270
|
255
|
240
|
225
|
|
|
37,001
|
-
|
37,500
|
|
305
|
290
|
275
|
260
|
245
|
230
|
|
|
37,501
|
-
|
38,000
|
|
310
|
295
|
280
|
265
|
250
|
235
|
|
|
38,001
|
-
|
38,500
|
|
315
|
300
|
285
|
270
|
255
|
240
|
|
|
38,501
|
-
|
39,000
|
|
320
|
305
|
290
|
275
|
260
|
245
|
|
|
39,001
|
-
|
39,500
|
|
325
|
310
|
295
|
280
|
265
|
250
|
|
|
39,501
|
-
|
40,000
|
|
330
|
315
|
300
|
285
|
270
|
255
|
|
|
40,001
|
-
|
40,500
|
|
335
|
320
|
305
|
290
|
275
|
260
|
|
|
40,501
|
-
|
41,000
|
|
340
|
325
|
310
|
295
|
280
|
265
|
|
|
41,001
|
-
|
41,500
|
|
345
|
330
|
315
|
300
|
285
|
270
|
|
|
41,501
|
-
|
42,000
|
|
350
|
335
|
320
|
305
|
290
|
275
|
|
|
42,001
|
-
|
42,500
|
|
355
|
340
|
325
|
310
|
295
|
280
|
|
|
42,501
|
-
|
43,000
|
|
360
|
345
|
330
|
315
|
300
|
285
|
|
|
43,001
|
-
|
43,500
|
|
365
|
350
|
335
|
320
|
305
|
290
|
|
|
43,501
|
-
|
44,000
|
|
370
|
355
|
340
|
325
|
310
|
295
|
|
|
44,001
|
-
|
44,500
|
|
375
|
360
|
345
|
330
|
315
|
300
|
|
|
44,501
|
-
|
45,000
|
|
380
|
365
|
350
|
335
|
320
|
305
|
|
|
45,001
|
-
|
45,500
|
|
385
|
370
|
355
|
340
|
325
|
310
|
|
|
45,501
|
-
|
46,000
|
|
390
|
375
|
360
|
345
|
330
|
315
|
|
|
46,001
|
-
|
46,500
|
|
395
|
380
|
365
|
350
|
335
|
320
|
|
|
46,501
|
-
|
47,000
|
|
400
|
385
|
370
|
355
|
340
|
325
|
|
|
47,001
|
-
|
47,500
|
|
405
|
390
|
375
|
360
|
345
|
330
|
|
|
47,501
|
-
|
48,000
|
|
410
|
395
|
380
|
365
|
350
|
335
|
|
|
48,001
|
-
|
48,500
|
|
415
|
400
|
385
|
370
|
355
|
340
|
|
|
48,501
|
-
|
49,000
|
|
420
|
405
|
390
|
375
|
360
|
345
|
|
|
49,001
|
-
|
49,500
|
|
425
|
410
|
395
|
380
|
365
|
350
|
|
|
49,501
|
-
|
50,000
|
|
430
|
415
|
400
|
385
|
370
|
355
|
|
|
50,001 & over (continues at
$5.00 increments)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
More than 7 in a family
continues at $5.00 increments
|
|
|
|
|
|
|
|
|
|
|
|
Annual income shall be adjusted
gross income as defined in Section 2-203 of the Illinois Income Tax Act [35
ILCS 5]
|
(Source: Added at 44 Ill. Reg. 8246,
effective April 28, 2020)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
