State of Illinois
91st General Assembly

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 1        AN ACT to re-enact  the  Secure  Residential  Youth  Care
 2    Facility Licensing Act.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 1. Purpose.
 6        (1)  The General Assembly finds and declares that:
 7             (i)  Article 45  of  Public  Act  88-680,  effective
 8        January  1,  1995,   created the Secure Residential Youth
 9        Care Facility Licensing Act. Article  45  also  contained
10        other provisions.
11             (ii)  In  addition,  Public  Act 88-680 was entitled
12        "AN ACT to create a Safe Neighborhoods Law". (A)  Article
13        5 was entitled JUVENILE JUSTICE and amended the  Juvenile
14        Court Act of 1987. (B)  Article 15 was entitled GANGS and
15        amended  various  provisions of the Criminal Code of 1961
16        and the Unified Code of Corrections. (C)  Article 20  was
17        entitled  ALCOHOL ABUSE and amended various provisions of
18        the Illinois Vehicle Code. (D)  Article 25  was  entitled
19        DRUG  ABUSE  and amended the Cannabis Control Act and the
20        Illinois Controlled Substances Act. (E)  Article  30  was
21        entitled  FIREARMS  and amended the Criminal Code of 1961
22        and the Code of Criminal Procedure of 1963.  (F)  Article
23        35 amended the Criminal Code of 1961, the Rights of Crime
24        Victims  and  Witnesses  Act,  and  the  Unified  Code of
25        Corrections. (G)  Article 40 amended the Criminal Code of
26        1961 to increase the penalty for compelling  organization
27        membership of persons. (H)  Article 45 created the Secure
28        Residential Youth Care Facility Licensing Act and amended
29        the  State  Finance  Act, the Juvenile Court Act of 1987,
30        the  Unified  Code  of  Corrections,  and   the   Private
31        Correctional  Facility  Moratorium  Act.  (I)  Article 50
32        amended the WIC Vendor Management Act, the Firearm Owners
                            -2-                LRB9111038WHpk
 1        Identification Card Act, the Juvenile Court Act of  1987,
 2        the  Criminal  Code  of 1961, the Wrongs to Children Act,
 3        and the Unified Code of Corrections.
 4             (iii)  On December 2,  1999,  the  Illinois  Supreme
 5        Court,  in  People  v. Cervantes, Docket No. 87229, ruled
 6        that Public Act 88-680 violates the single subject clause
 7        of the Illinois Constitution (Article IV, Section 8  (d))
 8        and was unconstitutional in its entirety.
 9             (iv)  The  issues  addressed by Article 45 of Public
10        Act 88-680 are of vital concern to  the  people  of  this
11        State.
12        (2)  It is the purpose of this Act to re-enact Article 45
13    of  Public Act 88-680, including subsequent amendments (other
14    than the amendatory changes to Section 5-23 of  the  Juvenile
15    Court  Act  of  1987 that were contained in Section 45-905 of
16    Public Act 88-680 and that were repealed when  Article  V  of
17    the Juvenile Court Act of 1987 was substantially rewritten by
18    Public  Act 90-590).  This re-enactment is intended to remove
19    any question as to the validity or content of the  provisions
20    contained in this Act.
21        (3)  This  Act re-enacts Article 45 of Public Act 88-680,
22    including subsequent amendments (other  than  the  amendatory
23    changes  to  Section  5-23  of the Juvenile Court Act of 1987
24    that were contained in Section 45-905 of  Public  Act  88-680
25    and  that  were repealed when Article V of the Juvenile Court
26    Act  of  1987  was  substantially  rewritten  by  Public  Act
27    90-590); it is not intended to supersede any other Public Act
28    that amends the text of the Sections as  set  forth  in  this
29    Act.  The  material  is shown as existing text (i.e., without
30    underscoring).

31        Section 5.  The Secure Residential  Youth  Care  Facility
32    Licensing Act is re-enacted as follows:
                            -3-                LRB9111038WHpk
 1                             ARTICLE 45

 2        (730 ILCS 175/45-1)
 3        Sec.  45-1.   Short  title.  This Article may be cited as
 4    the Secure Residential Youth Care Facility Licensing Act, and
 5    references in this Article to "this Act" mean this Article.
 6    (Source: P.A. 88-680, eff. 1-1-95.)

 7        (730 ILCS 175/45-5)
 8        Sec.  45-5.  Purpose.    The   Illinois   Department   of
 9    Corrections  shall establish a system of licensure for secure
10    residential youth care facilities in accordance with this Act
11    for the following purposes:
12             (1)  Protection of the health, welfare,  and  safety
13        of residents.
14             (2)  Protection of the safety of the general public.
15    (Source: P.A. 88-680, eff. 1-1-95.)

16        (730 ILCS 175/45-10)
17        Sec. 45-10.  Definitions.  As used in this Act:
18        "Department"    means    the   Illinois   Department   of
19    Corrections.
20        "Director" means the Director of Corrections.
21        "Secure residential youth care facility" means a facility
22    (1) where youth are placed and reside  for  care,  treatment,
23    and  custody;  (2)  that  is  designed  and operated so as to
24    ensure that all entrances and exits  from  the  facility,  or
25    from  a  building  or  distinct part of a building within the
26    facility, are under the exclusive control of the staff of the
27    facility, whether or not the youth has  freedom  of  movement
28    within  the perimeter of the facility or within the perimeter
29    of a building or distinct  part  of  a  building  within  the
30    facility;   and   (3)   that   uses   physically  restrictive
31    construction including, but not  limited  to,  locks,  bolts,
                            -4-                LRB9111038WHpk
 1    gates,  doors,  bars,  fences,  and  screen  barriers.   This
 2    definition   does   not  include  jails,  prisons,  detention
 3    centers,  or  other  such  correctional   facilities;   State
 4    operated mental health facilities; or facilities operating as
 5    psychiatric hospitals under a license pursuant to the Nursing
 6    Home Care Act or the Hospital Licensing Act.
 7        "Youth"  means  an adjudicated delinquent who is 18 years
 8    of age or under and is transferred to the Department pursuant
 9    to Section 3-10-11 of the Unified Code of Corrections.
10    (Source: P.A. 88-680, eff. 1-1-95.)

11        (730 ILCS 175/45-15)
12        Sec. 45-15.  Necessity of license.
13        (a)  No person may establish, operate,  maintain,  offer,
14    or  advertise a secure residential youth care facility within
15    this State unless he or she is licensed by the Department.
16        (b)  The Director shall establish policies and coordinate
17    activities relating to licensing of secure residential  youth
18    care facilities.
19        (c)  Any   facility   or  agency  which  is  exempt  from
20    licensing may apply for licensing if  licensing  is  required
21    for some government benefit.
22    (Source: P.A. 88-680, eff. 1-1-95.)

23        (730 ILCS 175/45-20)
24        Sec. 45-20.  Application and fee.
25        (a)  Any  person, group of persons, corporation, or other
26    entity who or which receives youth or arranges  for  care  or
27    placement of one or more youth unrelated to the operator must
28    apply  for  a  license  to operate a secure residential youth
29    care facility.  Application for a license to operate a secure
30    residential  youth  care  facility  must  be  made   to   the
31    Department  in  the  manner  and  on  forms prescribed by the
32    Department.   If,  upon  examination  of  the  facility   and
                            -5-                LRB9111038WHpk
 1    investigation  of  persons responsible for care of youth, the
 2    Department is satisfied that  the  facility  and  responsible
 3    persons  reasonably meet standards prescribed for the type of
 4    facility for which application is  made,  it  shall  issue  a
 5    license  in  proper  form,  designating  on  that license the
 6    number of youth to be served at any one time.
 7        (b)  All  applications  shall  be   accompanied   by   an
 8    application  fee  as  prescribed  by the Department.  The fee
 9    shall be deposited into the  Secure  Residential  Youth  Care
10    Facility  Fund,  which  is  created  as a special fund in the
11    State Treasury.  Moneys in the Fund  shall  be  used  by  the
12    Department for expenses related to the administration of this
13    Act and for no other purpose.
14    (Source: P.A. 88-680, eff. 1-1-95.)

15        (730 ILCS 175/45-25)
16        Sec.  45-25.   Criminal  background  investigations.  The
17    Department  shall  require that each secure residential youth
18    care facility license applicant as part  of  the  application
19    process,  and  each  employee of a facility as a condition of
20    employment, authorize an investigation to  determine  if  the
21    applicant or employee has ever been charged with a crime and,
22    if  so,  the disposition of those charges.  The authorization
23    shall indicate the scope of the inquiry and the agencies that
24    may  be  contacted.  Upon  receiving  an  authorization,  the
25    Director may request and receive information  and  assistance
26    from any federal, State, or local governmental agency as part
27    of  the  authorized  investigation.  The  Department of State
28    Police shall  provide  information  concerning  any  criminal
29    charges,  and  their  disposition,  now  or  hereafter filed,
30    against an applicant or facility employee upon request of the
31    Department when the request is made in the  form  and  manner
32    required by the Department of State Police.
33        Information concerning convictions of a license applicant
                            -6-                LRB9111038WHpk
 1    investigated  under this Section, including the source of the
 2    information and any conclusions  or  recommendations  derived
 3    from   the  information,  shall  be  provided,  upon  written
 4    request,  to  the  applicant  before  final  action  by   the
 5    Department  on the application. Information on convictions of
 6    employees or prospective  employees  of  facilities  licensed
 7    under  this  Act  shall  be  provided  to the operator of the
 8    facility, and, upon  written  request,  to  the  employee  or
 9    prospective employee. Information concerning criminal charges
10    and  the  disposition  of  charges obtained by the Department
11    shall be confidential and may not be transmitted outside  the
12    Department,  except  as required by this Section, and may not
13    be transmitted to anyone  within  the  Department  except  as
14    needed  for  the  purpose  of  evaluating an application or a
15    facility employee. Only information and standards that bear a
16    reasonable and rational relation  to  the  performance  of  a
17    facility shall be used by the Department or any licensee. Any
18    employee  of the Department, Department of State Police, or a
19    facility  receiving  confidential  information   under   this
20    Section  who  gives  or  causes  to be given any confidential
21    information concerning any criminal convictions of a facility
22    applicant or  facility  employee  is  guilty  of  a  Class  A
23    misdemeanor  unless release of that information is authorized
24    by this Section.
25    (Source: P.A. 88-680, eff. 1-1-95.)

26        (730 ILCS 175/45-30)
27        Sec. 45-30.  License or employment eligibility.
28        (a)  No  applicant  may  receive  a  license   from   the
29    Department  and  no  person  may  be  employed  by a licensed
30    facility  who  refuses  to  authorize  an  investigation   as
31    required by Section 45-25.
32        (b)  No   applicant   may  receive  a  license  from  the
33    Department  and  no  person  may  be  employed  by  a  secure
                            -7-                LRB9111038WHpk
 1    residential youth care facility licensed  by  the  Department
 2    who  has  been declared a sexually dangerous person under the
 3    Sexually Dangerous Persons Act or convicted of committing  or
 4    attempting  to commit any of the following offenses under the
 5    Criminal Code of 1961:
 6             (1)  First degree murder.
 7             (2)  A sex offense under Article 11, except offenses
 8        described in Sections 11-7, 11-8, 11-12, 11-13 and 11-18.
 9             (3)  Kidnapping.
10             (4)  Aggravated kidnapping.
11             (5)  Child abduction.
12             (6)  Aggravated battery of a child.
13             (7)  Criminal sexual assault.
14             (8)  Aggravated criminal sexual assault.
15             (8.1)  Predatory criminal sexual assault of a child.
16             (9)  Criminal sexual abuse.
17             (10)  Aggravated criminal sexual abuse.
18             (11)  A federal offense or an offense in  any  other
19        state  the  elements  of  which are similar to any of the
20        foregoing offenses.
21    (Source: P.A. 88-680, eff.  1-1-95;  89-428,  eff.  12-13-95;
22    89-462, eff. 5-29-96.)

23        (730 ILCS 175/45-35)
24        Sec. 45-35.  Child abuse and neglect reports.
25        (a)  All  secure  residential youth care facility license
26    applicants and all current and  prospective  employees  of  a
27    secure  residential youth care facility who have any possible
28    contact with youth in  the  course  of  their  duties,  as  a
29    condition  of  licensure  or  employment,  shall authorize in
30    writing  on  a  form  prescribed   by   the   Department   an
31    investigation  of  the  Central  Register,  as defined in the
32    Abused and Neglected Child Reporting Act, to ascertain if the
33    applicant or employee has been determined to be a perpetrator
                            -8-                LRB9111038WHpk
 1    in an indicated report of child abuse or neglect.
 2        (b)  All secure residential youth care  facilities  as  a
 3    condition  of licensure under this Act shall maintain records
 4    showing that all current employees and other  applicants  for
 5    employment  who  have  any possible contact with youth in the
 6    course of their duties have authorized  an  investigation  of
 7    the  Central  Register  as required in subsection (a) of this
 8    Section.  Only those current  or  prospective  employees  who
 9    will  have  no  possible  contact with youth as part of their
10    present  or  prospective  employment  may  be  excluded  from
11    provisions that require authorization of an investigation.
12        (c)  Information   concerning   a   license    applicant,
13    employee,  or prospective employee obtained by the Department
14    shall be confidential and exempt from public  inspection  and
15    copying  as  provided  under  Section  7  of  the  Freedom of
16    Information  Act,  and  that   information   shall   not   be
17    transmitted outside the Department, except as provided in the
18    Abused  and  Neglected  Child Reporting Act, and shall not be
19    transmitted  to  anyone  within  the  Department  except   as
20    provided  in  the Abused and Neglected Child Reporting Act or
21    needed for the purposes of evaluation of an  application  for
22    licensure  or for consideration by a secure residential youth
23    care facility of an employee. Any employee of the  Department
24    who  gives or causes to be given any confidential information
25    concerning child abuse or neglect reports  about  a  facility
26    applicant  or  facility employee shall be guilty of a Class A
27    misdemeanor unless release of the information  is  authorized
28    by  Section  11.1 of the Abused and Neglected Child Reporting
29    Act.
30        (d)  Any licensee who is informed by  the  Department  of
31    Children and Family Services, under Section 7.4 of the Abused
32    and   Neglected   Child   Reporting   Act,   that   a  formal
33    investigation has commenced relating to an  employee  of  the
34    facility  or  any other person in frequent contact with youth
                            -9-                LRB9111038WHpk
 1    at the facility, shall take reasonable  action  necessary  to
 2    ensure that the employee or other person is restricted during
 3    the  pendency  of  the  investigation from contact with youth
 4    whose care has been entrusted to the facility.
 5    (Source: P.A. 88-680, eff. 1-1-95.)

 6        (730 ILCS 175/45-40)
 7        Sec.   45-40.    Background    investigations;    license
 8    applicants.   For  the  purposes of background investigations
 9    authorized under this  Act,  "license  applicant"  means  the
10    operator  or  person  with  direct  responsibility  for daily
11    operation of the secure residential youth care facility to be
12    licensed.
13    (Source: P.A. 88-680, eff. 1-1-95.)

14        (730 ILCS 175/45-45)
15        Sec. 45-45.  Cooperation with State agencies.
16        (a)  The Department shall coordinate the functions within
17    State government affecting facilities licensed under this Act
18    and shall cooperate with other State agencies that  establish
19    standards or requirements for facilities to ensure necessary,
20    equitable,  and  consistent  State  supervision  of licensees
21    without unnecessary duplication of  complaint  investigations
22    or survey, evaluation, and consultation services.
23        (b)  The  Department  shall  enter  into  agreements with
24    other State departments, agencies, or  commissions  that  are
25    necessary to effectuate the purpose of this Section.
26    (Source: P.A. 88-680, eff. 1-1-95.)

27        (730 ILCS 175/45-50)
28        Sec. 45-50.  Licenses and permits.
29        (a)  Upon  receipt  of  an  application  filed  in proper
30    order,  the  Department  shall  examine  the  facilities  and
31    persons responsible for the care of youth.
                            -10-               LRB9111038WHpk
 1        (b)  Licenses shall be issued  in  the  form  and  manner
 2    prescribed  by  the Department and are valid for 2 years from
 3    the  date  issued,  unless  revoked  by  the  Department   or
 4    voluntarily  surrendered by the licensee. When a licensee has
 5    made timely and sufficient application for the renewal  of  a
 6    license the existing license shall continue in full force and
 7    effect  for  up to 30 days until the final agency decision on
 8    the application has been made.  The  Department  may  further
 9    extend  the  period  in  which  a  decision  must  be made in
10    individual cases for up to 30 days, but an extension shall be
11    only upon good cause shown.
12        (c)  The Department may issue one  6-month  permit  to  a
13    newly  established  secure residential youth care facility to
14    allow that facility reasonable time to become eligible for  a
15    full license.
16        (d)  During the hours of operation of any licensed secure
17    residential  youth  care facility, authorized representatives
18    of the Department may without notice visit  the  facility  to
19    evaluate  the  facility's continuing compliance with this Act
20    or rules adopted under this Act.
21    (Source: P.A. 88-680, eff. 1-1-95.)

22        (730 ILCS 175/45-52)
23        Sec. 45-52.  Certification by  applicant.   No  applicant
24    shall  be  issued  a permit or license unless it certifies to
25    the Department in a form satisfactory to the Department  that
26    the  proposed  secure  residential  youth care facility is in
27    compliance with all applicable zoning, planning, and land use
28    laws, ordinances, and regulations.
29    (Source: P.A. 88-680, eff. 1-1-95.)

30        (730 ILCS 175/45-55)
31        Sec. 45-55.  License renewal.
32        (a)  A licensed secure residential  youth  care  facility
                            -11-               LRB9111038WHpk
 1    must  apply  for  renewal of its license to the Department on
 2    forms prescribed by the Department.
 3        (b)  The Department,  or  a  suitable  agency  or  person
 4    designated  by  the  Department as its agent, must re-examine
 5    every secure residential youth  care  facility  applying  for
 6    renewal  of  its  license,  including  an  examination of the
 7    premises and  records  of  the  facility  as  the  Department
 8    considers  necessary  to determine that minimum standards for
 9    licensing continue to be met.  If the Department is satisfied
10    that the facility continues to maintain the minimum standards
11    that it prescribes and publishes, it shall renew the  license
12    to operate the facility.
13        (c)  If   a  secure  residential  youth  care  facility's
14    license is revoked, or if the Department refuses to  renew  a
15    facility's  license,  the  facility  may  not  reapply  for a
16    license before the expiration  of  12  months  following  the
17    Department's  action;  however, the denial of a reapplication
18    for a license under this  subsection  must  be  supported  by
19    evidence  that  the  prior  revocation  renders the applicant
20    unqualified or incapable  of  satisfying  the  standards  and
21    rules  promulgated  by  the  Department  under  this  Act  or
22    maintaining  a  facility which adheres to those standards and
23    rules.
24    (Source: P.A. 88-680, eff. 1-1-95.)

25        (730 ILCS 175/45-60)
26        Sec. 45-60.  Minimum standards.
27        (a)  The Department must prescribe  and  publish  minimum
28    standards  for  licensing  that  apply  to secure residential
29    youth care facilities.  The Department may consult  with  the
30    Department  of  Children  and  Family  Services and any other
31    resources as deemed necessary by the Department and seek  the
32    advice  and  assistance  of  persons  representative  of  the
33    various  types of secure residential youth care facilities in
                            -12-               LRB9111038WHpk
 1    establishing standards.  Standards prescribed  and  published
 2    under  this  Act  take  effect  as  provided  in the Illinois
 3    Administrative  Procedure  Act,   and   are   restricted   to
 4    regulations pertaining to the following:
 5             (1)  The  operation  and conduct of the facility and
 6        responsibility it assumes for secure care.
 7             (2)  The character, suitability, and  qualifications
 8        of  the  applicant and other persons directly responsible
 9        for the care and welfare of the youth served.
10             (3)  The general financial ability and competence of
11        the applicant to provide necessary care for youth and  to
12        maintain prescribed standards.
13             (4)  The  number of individuals or staff required to
14        ensure  adequate  supervision  and  care  of  the   youth
15        received.
16             (5)  The  appropriateness,  safety, cleanliness, and
17        general adequacy of the premises,  including  maintenance
18        of   adequate   fire   prevention  and  health  standards
19        conforming to State laws and municipal codes  to  provide
20        for  the  physical  comfort, care and well-being of youth
21        received in a secure environment.
22             (6)  Provisions  for  food,  clothing,   educational
23        opportunities,   and   other  programs  and  services  as
24        assessed by the Department of Corrections.
25             (7)  Provisions to safeguard  the  legal  rights  of
26        youth served.
27             (8)  Maintenance   of   records  pertaining  to  the
28        admission, progress, health, and discharge of youth.  The
29        Department shall require proof that youth enrolled  in  a
30        secure   residential   youth   care  facility  have  been
31        immunized as required by the rules of the Department.
32             (9)  Filing of reports with the Department.
33             (10)  Discipline of youth.
34             (11)  Protection of the particular  religious  faith
                            -13-               LRB9111038WHpk
 1        of the youth served.
 2             (12)  Provisions   prohibiting   firearms   on   the
 3        premises except in the possession of peace officers.
 4             (13)  Use  of  force  in the maintenance of security
 5        and control.
 6             (14)  Issuance  of  warrants  for  apprehension  and
 7        detention.
 8        (b)  The Department, in applying standards prescribed and
 9    published  under  this  Section,  shall  upon  request  offer
10    consultation  through  employed  staff  or  other   qualified
11    persons  to assist applicants and licensees meet and maintain
12    minimum  license  requirements  and  to  help  them   achieve
13    programs of excellence related to the care of youth served.
14        (c)  The  Department shall distribute copies of licensing
15    standards to all licensees  and  applicants  for  a  license.
16    Each  licensee  or  holder  of  a  permit shall distribute to
17    secure  residential   youth   care   facilities   under   its
18    supervision copies of the appropriate licensing standards and
19    any  other  information  required  by  the  Department.  Each
20    licensee or holder of a  permit  shall  maintain  appropriate
21    documentation  of  the  distribution  of  the standards.  The
22    documentation shall be part of the records  of  the  facility
23    and  subject  to  inspection by authorized representatives of
24    the Department.
25        (d)  The Department shall distribute to each licensee and
26    holder  of  a  permit  copies  of  the  licensing  or  permit
27    standards  applicable  to  that  person's   facility.    Each
28    licensee  or  holder of a permit shall make available, at all
29    times in a common or otherwise accessible  area,  a  complete
30    and  current set of licensing standards so that all employees
31    of  the  facility  may  have  unrestricted  access   to   the
32    standards.    All  employees of the facility shall review the
33    standards and  any  subsequent  changes.   Each  licensee  or
34    holder  of  a permit shall maintain appropriate documentation
                            -14-               LRB9111038WHpk
 1    of  the  current  review  of  licensing  standards   by   all
 2    employees.   The  records shall be part of the records of the
 3    facility   and   subject   to   inspection   by    authorized
 4    representatives of the Department.
 5    (Source: P.A. 88-680, eff. 1-1-95.)

 6        (730 ILCS 175/45-65)
 7        Sec.  45-65.  Maximum allowable capacity.  The Department
 8    shall determine  the  need  for  and  the  maximum  allowable
 9    capacity of secure residential youth care facilities pursuant
10    to   rules   promulgated  in  accordance  with  the  Illinois
11    Administrative Procedure Act.
12    (Source: P.A. 88-680, eff. 1-1-95.)

13        (730 ILCS 175/45-70)
14        Sec. 45-70.  License revocation; refusal to  renew.   The
15    Department  may  revoke or refuse to renew the license of any
16    secure residential youth care facility or refuse to  issue  a
17    full license to the holder of a permit should the licensee or
18    holder of a permit do any of the following:
19             (1)  Fail  to  maintain  standards prescribed by the
20        Department.
21             (2)  Violate any of the provisions  of  the  license
22        issued.
23             (3)  Furnish or make a misleading or false statement
24        or report to the Department.
25             (4)  Refuse  to  submit  to  the Department required
26        reports or refuse to make available to the Department any
27        records required  by  the  Department  in  conducting  an
28        investigation of the facility for licensing purposes.
29             (5)  Fail or refuse to submit to an investigation by
30        the Department.
31             (6)  Fail    or    refuse    to   admit   authorized
32        representatives of the Department at  any  time  for  the
                            -15-               LRB9111038WHpk
 1        purpose of investigation.
 2             (7)  Fail  to  provide, maintain, equip, and keep in
 3        safe and sanitary condition premises established or  used
 4        for  secure  care  required under standards prescribed by
 5        the Department or required by  any  law,  regulation,  or
 6        ordinance applicable to the location of the facility.
 7             (8)  Refuse to display its license or permit.
 8             (9)  Be  the  subject  of  an indicated report under
 9        Section 3 of the Abused and Neglected Child Reporting Act
10        or fail  to  discharge  or  sever  affiliation  with  the
11        facility of an employee or volunteer at the facility with
12        direct  contact  with  youth  who  is  the  subject of an
13        indicated report under Section 3 of that Act.
14             (10)  Fail  to  exercise  reasonable  care  in   the
15        hiring, training, and supervision of facility personnel.
16             (11)  Fail  to  report suspected abuse or neglect of
17        children within the facility, as required by  the  Abused
18        and Neglected Child Reporting Act.
19             (12)  Fail  to  report  to  the  Department  unusual
20        incidents.
21             (13)  Be  identified  in  an  investigation  by  the
22        Department  as  an addict or alcoholic, as defined in the
23        Alcoholism and Other Drug Abuse and Dependency Act, or be
24        a person whom the Department knows has abused alcohol  or
25        drugs  and  who  has  not  successfully  participated  in
26        treatment, self-help groups, or other suitable activities
27        and  the  Department determines that because of the abuse
28        the licensee, holder of the permit, or any  other  person
29        directly  responsible  for  the  care  and welfare of the
30        youth served does not comply with standards  relating  to
31        character,    suitability,    or   other   qualifications
32        established under Section 45-30 of this Act.
33             (14)  Fail   to   correct   any   condition    which
34        jeopardizes  the  health,  safety, or welfare of children
                            -16-               LRB9111038WHpk
 1        served by the facility.
 2             (15)  Fail to correct any  condition  or  occurrence
 3        relating  to the operation or maintenance of the facility
 4        that violates Section 45-75 of this Act.
 5             (16)  Fail to maintain financial resources  adequate
 6        for  the  satisfactory  care of youth served in regard to
 7        upkeep of premises  and  provisions  for  personal  care,
 8        medical   services,   clothing,   education,   and  other
 9        essentials in the proper care, rearing, and  training  of
10        youth received.
11    (Source: P.A. 88-680, eff. 1-1-95.)

12        (730 ILCS 175/45-75)
13        Sec.  45-75.   Conditional  license.   The Department may
14    issue a conditional license to any secure  residential  youth
15    care   facility  which  is  licensed  under  this  Act.   The
16    conditional license shall be a  nonrenewable  license  issued
17    for  a period of 6 months and the Department shall revoke any
18    other license held by the  conditionally  licensed  facility.
19    Conditional  licenses  shall be granted only to facilities in
20    which there exists  no  threat  to  the  health,  safety,  or
21    welfare of the youth served.  A complete list of deficiencies
22    and  a corrective plan approved by the Department shall exist
23    at the time a conditional license is issued.  Failure by  the
24    facility  to  correct  the deficiencies or meet all licensing
25    standards at the end of the conditional license period  shall
26    result  in  immediate  revocation  of or refusal to renew the
27    facility's license as provided in Section 45-80 of this Act.
28    (Source: P.A. 88-680, eff. 1-1-95.)

29        (730 ILCS 175/45-80)
30        Sec. 45-80.   Procedure  for  revocation  or  refusal  to
31    review; notice.
32        (a)  Prior  to  revocation or refusal to renew a license,
                            -17-               LRB9111038WHpk
 1    the Department shall notify the licensee by registered  mail,
 2    return  receipt  requested,  at  the address specified on the
 3    license, or at  the  address  of  the  ranking  or  presiding
 4    officer  of  a  board  of  directors,  or any equivalent body
 5    conducting a secure residential youth care facility,  of  the
 6    contemplated action and that the licensee may, within 10 days
 7    of  notification, dating from receipt of the registered mail,
 8    request in writing a public  hearing  before  the  Department
 9    and,  at  the  same  time, may request a written statement of
10    charges from the Department.
11        (b)  Upon written request by the licensee, the Department
12    shall furnish a written statement of  charges,  and,  at  the
13    same  time, shall set the date and place for the hearing. The
14    charges and notice of  the  hearing  shall  be  delivered  by
15    registered  mail,  return  receipt requested, and the hearing
16    must be held within 30 days, dating  from  the  date  of  the
17    postmark  of  the  registered  mail, except that notification
18    must be received by the licensee at least 15 days in  advance
19    of the date set for the hearing.
20        (c)  If  no  request for a hearing is made within 10 days
21    after notification, or if  the  Department  determines,  upon
22    holding  a  hearing,  that  the  license should be revoked or
23    renewal denied, then the license shall be revoked or  renewal
24    denied.
25        (d)  Upon  the  hearing  in which the license is revoked,
26    renewal of license is refused, or full license is denied  the
27    Director,  or  any officer or employee duly authorized by him
28    or her in writing, may administer oaths  and  the  Department
29    may procure, by its subpoena, the attendance of witnesses and
30    the production of relevant documents.
31        (e)  At  the  time  and place designated, the Director or
32    the officer or employee authorized by him or her in  writing,
33    shall  hear  the  charges  and  both  the  Department and the
34    licensee shall be allowed to present in person or by  counsel
                            -18-               LRB9111038WHpk
 1    statements,  testimony, and evidence that may be pertinent to
 2    the charges or  to  the  defense.  The  hearing  officer  may
 3    continue  the  hearing from time to time, but not to exceed a
 4    single  period  of  30  days,  unless   special   extenuating
 5    circumstances make further continuance feasible.
 6    (Source: P.A. 88-680, eff. 1-1-95.)

 7        (730 ILCS 175/45-85)
 8        Sec.   45-85.    Complaint  substantiation.   Before  the
 9    Department  initiates  a  full-scale  investigation  of   any
10    complaint  received regarding a secure residential youth care
11    facility  the  Department  may,  when  appropriate,   provide
12    procedures for the substantiation of the complaint.
13    (Source: P.A. 88-680, eff. 1-1-95.)

14        (730 ILCS 175/45-90)
15        Sec.  45-90.   Attendance  of  witnesses;  production  of
16    documents;  contempt.    Any  circuit court, upon application
17    either  of  the  person  requesting  a  hearing  or  of   the
18    Department,  may  require the attendance of witnesses and the
19    production of relevant documents before the Department in any
20    hearing relating to the refusal or  revocation  of  licenses.
21    The  refusal  or  neglect  to  obey  the  order  of the court
22    compelling the attendance or production is punishable  as  in
23    other cases of contempt.
24    (Source: P.A. 88-680, eff. 1-1-95.)

25        (730 ILCS 175/45-95)
26        Sec.  45-95.   Operation  without  license.  Whenever the
27    Department is advised, or has reason  to  believe,  that  any
28    person,  group  of  persons,  corporation, or other entity is
29    operating a secure residential youth care facility without  a
30    license   or  permit,  it  shall  make  an  investigation  to
31    ascertain the facts. If the Department is denied  access,  it
                            -19-               LRB9111038WHpk
 1    shall  request  intervention  by  local, county, or State law
 2    enforcement agencies to seek an appropriate  court  order  or
 3    warrant   to  examine  the  premises.   A  person  or  entity
 4    preventing the Department from carrying out its duties  under
 5    this  Section  is  guilty  of a violation of this Act. If the
 6    Department finds  that  the  secure  residential  youth  care
 7    facility  is  being,  or  has,  operated without a license or
 8    permit, it shall report the results of its  investigation  to
 9    the  Attorney General and to the appropriate State's Attorney
10    for prosecution.
11    (Source: P.A. 88-680, eff. 1-1-95.)

12        (730 ILCS 175/45-100)
13        Sec. 45-100.  Injunction.  Upon request of the  Director,
14    the Attorney General or the State's Attorney of the county in
15    which   the  violation  occurred  shall  initiate  injunction
16    proceedings whenever it appears that  any  person,  group  of
17    persons,  corporation, or other entity is engaged or about to
18    engage in any acts or  practices  which  constitute  or  will
19    constitute  a violation of this Act or any rule or regulation
20    prescribed under this Act. Upon a proper showing, any circuit
21    court may enter a  permanent  or  preliminary  injunction  or
22    temporary  restraining order without bond to enforce this Act
23    or any rule  or  regulation  prescribed  under  this  Act  in
24    addition to the penalties and other remedies provided in this
25    Act.
26    (Source: P.A. 88-680, eff. 1-1-95.)

27        (730 ILCS 175/45-105)
28        Sec.  45-105.   Closure  order.   Whenever the Department
29    expressly finds that the  continued  operation  of  a  secure
30    residential  youth  care  facility  jeopardizes  the  health,
31    safety,  or  welfare  of  youth  served  by the facility, the
32    Department shall issue an order of closure directing that the
                            -20-               LRB9111038WHpk
 1    operation of  the  facility  terminate  immediately  and,  if
 2    applicable,   shall  initiate  revocation  proceedings  under
 3    Section 45-80 within 10 working days. A facility closed under
 4    this Section may not  operate  during  the  pendency  of  any
 5    proceeding  for  the  judicial  review of the decision of the
 6    Department to issue an order  of  closure  or  to  revoke  or
 7    refuse to renew the license except under court order.
 8    (Source: P.A. 88-680, eff. 1-1-95.)

 9        (730 ILCS 175/45-110)
10        Sec.  45-110.   Advertisement  of  services  by  licensed
11    facilities. A secure residential youth care facility licensed
12    or  operating  under  a  permit  issued by the Department may
13    publish advertisements  of  the  services  for  which  it  is
14    specifically  licensed  or issued a permit under this Act. No
15    person, unless licensed or  holding  a  permit  as  a  secure
16    residential  youth  care  facility, may cause to be published
17    any advertisement soliciting youth for care or  placement  or
18    offering a youth for care or placement.
19    (Source: P.A. 88-680, eff. 1-1-95.)

20        (730 ILCS 175/45-115)
21        Sec. 45-115.  Recordkeeping; confidentiality.
22        (a)  Every  secure  residential  youth care facility must
23    keep  and  maintain  such  records  as  the  Department   may
24    prescribe  pertaining to the admission, progress, health, and
25    discharge of youth under the care of the facility  and  shall
26    report  to  the  Department  whenever  requested  upon  forms
27    prescribed by the Department. All records regarding youth and
28    all  facts  learned  about  youth and their relatives must be
29    kept confidential both by the youth care facility and by  the
30    Department.
31        (b)  Nothing  contained  in this Act prevents the sharing
32    or  disclosure  of  information  or   records   relating   or
                            -21-               LRB9111038WHpk
 1    pertaining  to  juveniles  subject  to  the provisions of the
 2    Serious Habitual Offender Comprehensive Action  Program  when
 3    that  information  is used to assist the early identification
 4    and treatment of habitual juvenile offenders.
 5    (Source: P.A. 88-680, eff. 1-1-95.)

 6        (730 ILCS 175/45-120)
 7        Sec.   45-120.    Administrative   Review    Law.     The
 8    Administrative  Review  Law  and  the  rules adopted under it
 9    shall apply to and govern all proceedings  for  the  judicial
10    review  of  final administrative decisions of the Department.
11    The term "administrative decision" is defined as  in  Section
12    3-101 of the Code of Civil Procedure.
13    (Source: P.A. 88-680, eff. 1-1-95.)

14        (730 ILCS 175/45-125)
15        Sec. 45-125.  Violations.
16        (a)  Any   person,   group   of   persons,   association,
17    corporation, or other entity who:
18             (1)  Conducts,   operates   or   acts  as  a  secure
19        residential youth care  facility  without  a  license  or
20        permit  to  do  so  in violation of Section 45-15 of this
21        Act; or
22             (2)  Makes materially false statements in  order  to
23        obtain a license or permit; or
24             (3)  Fails  to keep the records and make the reports
25        provided under this Act; or
26             (4)  Advertises  any  service  not   authorized   by
27        license or permit held; or
28             (5)  Publishes  any  advertisement  in  violation of
29        this Act; or
30             (6)  Violates any other provision of this Act or any
31        reasonable rule or regulation adopted  and  published  by
32        the  Department  for the enforcement of the provisions of
                            -22-               LRB9111038WHpk
 1        this Act;
 2    is guilty of  a  Class  A  misdemeanor  and  in  case  of  an
 3    association,  corporation,  or other entity, imprisonment may
 4    be imposed upon its officers who  knowingly  participated  in
 5    the violation.
 6        (b)  Any  secure  residential  youth  care  facility that
 7    continues to operate  after  its  license  is  revoked  under
 8    Section  45-70  of  this Act or after its license expires and
 9    the Department refused to renew the license  as  provided  in
10    Section 45-70 of this Act is guilty of a business offense and
11    shall  be fined an amount in excess of $500 but not exceeding
12    $10,000, and each day of violation is a separate offense.
13    (Source: P.A. 88-680, eff. 1-1-95.)

14        (730 ILCS 175/45-190)
15        Sec. 45-190.  Severability.  The provisions of  this  Act
16    are severable under Section 1.31 of the Statute on Statutes.
17    (Source: P.A. 88-680, eff. 1-1-95.)

18        Section  45-900.  The  State  Finance  Act  is amended by
19    re-enacting Section 5.400 as follows:

20        (30 ILCS 105/5.400)
21        Sec. 5.400.  The Secure Residential Youth  Care  Facility
22    Fund.
23    (Source: P.A. 88-680, eff. 1-1-95; 89-626, eff. 8-9-96.)

24        Sec.  45-910.  The Unified Code of Corrections is amended
25    by re-enacting Section 3-10-11 as follows:

26        (730 ILCS 5/3-10-11) (from Ch. 38, par. 1003-10-11)
27        Sec. 3-10-11. Transfers from Department of  Children  and
28    Family Services.
29        (a)  If  (i)  a  minor  10  years  of  age  or  older  is
                            -23-               LRB9111038WHpk
 1    adjudicated  a delinquent under the Juvenile Court Act or the
 2    Juvenile Court Act of 1987 and placed with the Department  of
 3    Children  and  Family  Services,  (ii) it is determined by an
 4    interagency review committee that the Department of  Children
 5    and Family Services lacks adequate facilities to care for and
 6    rehabilitate such minor and that placement of such minor with
 7    the  Department  of  Corrections, subject to certification by
 8    the Department of Corrections, is appropriate, and (iii)  the
 9    Department  of  Corrections  certifies  that  it has suitable
10    facilities and personnel available for the confinement of the
11    minor, the Department of Children  and  Family  Services  may
12    transfer custody of the minor to the Juvenile Division of the
13    Department of Corrections provided that:
14             (1)  the juvenile court that adjudicated the minor a
15        delinquent  orders  the  transfer  after  a  hearing with
16        opportunity to the minor to be heard and defend; and
17             (2)  the Assistant Director  of  the  Department  of
18        Corrections,  Juvenile  Division,  is made a party to the
19        action; and
20             (3)  notice of such transfer is given to the minor's
21        parent, guardian or nearest relative; and
22             (4)  a term of incarceration is permitted by law for
23        adults found guilty of the offense for  which  the  minor
24        was adjudicated delinquent.
25        The   interagency   review   committee  shall  include  a
26    representative from the Department  of  Children  and  Family
27    Services,   a   representative   from   the   Department   of
28    Corrections,  and  an  educator and a qualified mental health
29    professional jointly selected by the Department  of  Children
30    and  Family  Services and the Department of Corrections.  The
31    Department of Children and Family Services,  in  consultation
32    with  the  Department  of Corrections, shall promulgate rules
33    governing the operation of the interagency  review  committee
34    pursuant to the Illinois Administrative Procedure Act.
                            -24-               LRB9111038WHpk
 1        (b)  Guardianship  of  a  minor  transferred  under  this
 2    Section  shall  remain  with  the  Department of Children and
 3    Family Services.
 4        (c)  Minors transferred under this Section may be  placed
 5    by  the  Department of Corrections in any program or facility
 6    of the Department of Corrections, Juvenile Division,  or  any
 7    juvenile residential facility.
 8        (d)  A  minor transferred under this Section shall remain
 9    in the custody of the  Department  of  Corrections,  Juvenile
10    Division, until the Department of Corrections determines that
11    the  minor  is ready to leave its program.  The Department of
12    Corrections in consultation with the Department  of  Children
13    and  Family  Services  shall  develop  a  transition plan and
14    cooperate with the Department of Children and Family Services
15    to move the minor  to  an  alternate  program.   Thirty  days
16    before  implementing  the  transition plan, the Department of
17    Corrections shall provide the court with notice of the  plan.
18    The  Department  of  Corrections'  custodianship of the minor
19    shall  automatically  terminate  30  days  after  notice   is
20    provided to the court and the State's Attorney.
21        (e)  In  no  event  shall  a minor transferred under this
22    Section  remain  in  the  custody  of   the   Department   of
23    Corrections for a period of time in excess of that period for
24    which an adult could be committed for the same act.
25    (Source: P.A. 88-680, eff. 1-1-95.)

26        Sec.   45-915.    The   Private   Correctional   Facility
27    Moratorium  Act  is  amended  by  re-enacting  Section  3  as
28    follows:

29        (730 ILCS 140/3) (from Ch. 38, par. 1583)
30        Sec.   3.    Certain  contracts  prohibited.   After  the
31    effective date of this Act, the State shall not contract with
32    a private contractor or private vendor for the  provision  of
                            -25-               LRB9111038WHpk
 1    services relating to the operation of a correctional facility
 2    or  the  incarceration  of  persons  in  the  custody  of the
 3    Department of Corrections; however, this Act does  not  apply
 4    to  (1)  State  work  release centers or juvenile residential
 5    facilities that provide separate care  or  special  treatment
 6    operated  in  whole  or  part  by  private contractors or (2)
 7    contracts for ancillary services, including medical services,
 8    educational services, repair and  maintenance  contracts,  or
 9    other   services  not  directly  related  to  the  ownership,
10    management  or  operation   of   security   services   in   a
11    correctional facility.
12    (Source: P.A. 88-680, eff. 1-1-95.)

13                             ARTICLE 990

14        Sec.  990-1.  Severability.   The  provisions of this Act
15    are severable under Section 1.31 of the Statute on Statutes.

16                             ARTICLE 999
17        Sec. 999-1.  Effective date.  This Act takes effect  upon
18    becoming law.
                            -26-               LRB9111038WHpk
 1                                INDEX
 2               Statutes amended in order of appearance
 3    730 ILCS 175/45-1
 4    730 ILCS 175/45-5
 5    730 ILCS 175/45-10
 6    730 ILCS 175/45-15
 7    730 ILCS 175/45-20
 8    730 ILCS 175/45-25
 9    730 ILCS 175/45-30
10    730 ILCS 175/45-35
11    730 ILCS 175/45-40
12    730 ILCS 175/45-45
13    730 ILCS 175/45-50
14    730 ILCS 175/45-52
15    730 ILCS 175/45-55
16    730 ILCS 175/45-60
17    730 ILCS 175/45-65
18    730 ILCS 175/45-70
19    730 ILCS 175/45-75
20    730 ILCS 175/45-80
21    730 ILCS 175/45-85
22    730 ILCS 175/45-90
23    730 ILCS 175/45-95
24    730 ILCS 175/45-100
25    730 ILCS 175/45-105
26    730 ILCS 175/45-110
27    730 ILCS 175/45-115
28    730 ILCS 175/45-120
29    730 ILCS 175/45-125
30    730 ILCS 175/45-190
31    30 ILCS 105/5.400
32    730 ILCS 5/3-10-11        from Ch. 38, par. 1003-10-11
33    730 ILCS 140/3            from Ch. 38, par. 1583

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