Section 110.30  Personal Property in Department Facilities

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

b)         Use and Possession of Recipient Money in Department Facilities

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

c)         Media Usage

 

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

 

2)         DVD/CD/Video Game Usage

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

d)         Contraband

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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