2023 Illinois Compiled Statutes › Chapter 405 - MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES › 405 ILCS 25/ - Specialized Living Centers Act.

(405 ILCS 25/1) (from Ch. 91 1/2, par. 601)
Sec. 1. 
		
		Short title.)  This Act shall be known and may
be cited as the "Specialized Living Centers Act".
(Source: P.A. 79-970.)
(405 ILCS 25/2) (from Ch. 91 1/2, par. 602)
Sec. 2. 
		Definitions. 
		As used in this Act, unless
the context otherwise requires, the terms specified in the following
Sections preceding Section 3 have the meanings
ascribed to them
in those Sections.
(Source: P.A. 87-866.)
(405 ILCS 25/2.01) (from Ch. 91 1/2, par. 602.01)
Sec. 2.01. 
		
		"Board" means the Capital Development Board of the State of
Illinois created by the "Capital Development Board Act", approved July 10, 1972, as
such Act may be now or hereafter amended.
(Source: P.A. 79-970.)
(405 ILCS 25/2.02) (from Ch. 91 1/2, par. 602.02)
Sec. 2.02. 
		
		"Department" means the Department of Human Services, as
successor to the Department of Mental Health and Developmental
Disabilities.
(Source: P.A. 89-507, eff. 7-1-97.)
(405 ILCS 25/2.03) (from Ch. 91 1/2, par. 602.03)
Sec. 2.03. 
"Person with a developmental disability" means a person with a "developmental disability" as defined in Section 1-116 of the Mental Health and Developmental Disabilities Code.
(Source: P.A. 102-972, eff. 1-1-23.)
(405 ILCS 25/2.04) (from Ch. 91 1/2, par. 602.04)
Sec. 2.04. 
		
		"Specialized living centers" means, for the purpose of
this Act, an Intermediate Care Facility specializing in living
arrangements for the person with a developmental disability providing a
means by which they can reach their highest level of independent living.
(Source: P.A. 88-380.)
(405 ILCS 25/2.05) (from Ch. 91 1/2, par. 602.05)
Sec. 2.05. 
		
		"Sponsoring authority" means any public
entity except the State of Illinois or any Community Mental
Health Board, and such term includes any not for profit private mental
health agency, organization or association.
(Source: P.A. 79-970.)
(405 ILCS 25/2.06) (from Ch. 91 1/2, par. 602.06)
Sec. 2.06. 
		
		"Durable, moveable equipment" means for the purposes of
this Act all items of initial equipment, other than built-in equipment,
which are necessary and appropriate for the functioning of a particular
facility.  Such equipment shall have an extended, useful life; not be consumed
in use; and have an identity and function which will not be lost through
incorporation into a more complex unit.
(Source: P.A. 79-1477.)
(405 ILCS 25/2.07) (from Ch. 91 1/2, par. 602.07)
Sec. 2.07. 
		
		"Takeover entity" means any
agency, organization or association, public or private, for profit or
not-for-profit, qualified under the Department's rules and regulations to
operate a facility for providing care or service to persons with
developmental disabilities or mental illness and that agrees to provide that
care or service.
(Source: P.A. 87-866.)
(405 ILCS 25/3) (from Ch. 91 1/2, par. 603)
Sec. 3. 
		Department's powers and duties. 
		The Secretary
of the Department has the powers and shall perform the functions and duties
specified in Sections 3.01 through 3.07 of this Act.
(Source: P.A. 89-507, eff. 7-1-97.)
(405 ILCS 25/3.01) (from Ch. 91 1/2, par. 603.01)
Sec. 3.01. 
		
		The Department shall develop specifications for the establishment
of specialized living centers to be located throughout the State.  Such
specifications shall provide that each such intermediate care facility shall
serve not less than 50 nor more than 100 persons with a developmental
disability.
(Source: P.A. 88-380.)
(405 ILCS 25/3.02) (from Ch. 91 1/2, par. 603.02)
Sec. 3.02. 
		
		The Department shall forward such specifications
as are required to be developed under Section 3.01 to any
sponsoring authority requesting such specifications.
(Source: P.A. 79-970.)
(405 ILCS 25/3.03) (from Ch. 91 1/2, par. 603.03)
Sec. 3.03. 
		
		The Department shall review the requests of any
sponsoring authority for the establishment of a specialized
living center to be located in the geographic region of such
sponsoring authority.  Review of requests shall be completed by
the Department within 90 days of the receipt of any such request.
(Source: P.A. 79-970.)
(405 ILCS 25/3.04) (from Ch. 91 1/2, par. 603.04)
Sec. 3.04. 
		
		The Department shall review all requests of all sponsoring
authorities.  In making its selection of sites for the establishment
of specialized living centers, the Department shall give
consideration to population density and distribution
throughout the State, and select proposals representing,
as nearly as practicable, all geographic regions of the State.
If from the same geographic region of the State proposals are submitted
by more than one sponsoring authority, in making its selection
the Department shall consider: (i) the sponsoring authority
which is located in the community with the largest number of
persons with a developmental disability who would be eligible
for the services rendered in these facilities, (ii) the access to
and availability of social services to each sponsoring authority, (iii) the
access to and availability of public transportation to each sponsoring
authority.  Upon selection of site proposals the Department shall
forward its selections to the Capital Development Board for the
consideration and review of such Board.
(Source: P.A. 88-380.)
(405 ILCS 25/3.05) (from Ch. 91 1/2, par. 603.05)
Sec. 3.05. 
		
		The Department shall cooperate with the
Capital Development Board in attaining the final selection of site
proposals for the establishment of specialized living centers.
(Source: P.A. 79-970.)
(405 ILCS 25/3.06) (from Ch. 91 1/2, par. 603.06)
Sec. 3.06. 
		
		The Department shall adopt and promulgate rules and
regulations for the conduct, maintenance and operation of specialized
living centers.  The provisions of the Illinois Administrative Procedure
Act are hereby expressly adopted and shall apply to all administrative rules
and procedures of the Department under this Act, except that in case of
conflict between the Illinois Administrative Procedure Act and this Act
the provisions of this Act shall control, and except that Section 5-35 of the
Illinois Administrative Procedure Act relating to procedures for rule-making
does not apply to the adoption of any rule required by federal law in
connection with which the Department is precluded by law from exercising any
discretion.
(Source: P.A. 88-45.)
(405 ILCS 25/3.07) (from Ch. 91 1/2, par. 603.07)
Sec. 3.07. 
		
		The Department may demand assurances by affidavit
or other means of the financial stability of any sponsoring authority.
The Department may demand assurances by affidavit or other means of the
competence and good character of the individuals holding office
in forming, representing or being affiliated with a sponsoring authority.
(Source: P.A. 79-970.)
(405 ILCS 25/4) (from Ch. 91 1/2, par. 604)
Sec. 4. 
		
		Capital Development Board, powers and duties.)
The Capital Development Board shall have the rights and exercise the
powers and duties specified in Sections 4.01 through 4.04 of this Act.
(Source: P.A. 83-884.)
(405 ILCS 25/4.01) (from Ch. 91 1/2, par. 604.01)
Sec. 4.01. 
		
		The Capital Development Board shall cooperate with
and lend all such assistance as may be requested by the Department in
the development of specifications and the selection of sites for the
establishment of specialized living centers.
(Source: P.A. 79-970.)
(405 ILCS 25/4.02) (from Ch. 91 1/2, par. 604.02)
Sec. 4.02. 
		
		The Capital Development Board shall, within 90 days
after submission of such site proposals to the Board by the Department,
make a final selection and determination of sites for the establishment
of specialized living centers.  The Capital Development Board shall be
the final authority in the selection of such sites.
(Source: P.A. 79-970.)
(405 ILCS 25/4.03) (from Ch. 91 1/2, par. 604.03)
Sec. 4.03. 
		
		The Capital Development Board, in the development
of specialized living centers under this Act, shall comply with the
requirements of the "Illinois Health Facilities Planning Act",
approved August 27, 1974, as such Act may be now or hereafter amended.
(Source: P.A. 79-970.)
(405 ILCS 25/4.04) (from Ch. 91 1/2, par. 604.04)
Sec. 4.04. 
		
		The Capital Development Board may acquire and accept gifts
of land and may convey such land to sponsoring authorities of specialized
living centers.
(Source: P.A. 87-866; 88-330.)
(405 ILCS 25/5) (from Ch. 91 1/2, par. 605)
Sec. 5. 
		
		Sponsoring authorities, rights and duties.)
A sponsoring authority has the rights and shall exercise the powers
and functions specified in Sections 5.01 through 5.03 of this Act.
(Source: P.A. 79-970.)
(405 ILCS 25/5.01) (from Ch. 91 1/2, par. 605.01)
Sec. 5.01. 
		
		Any sponsoring authority may request specifications
from the Department for the establishment of specialized living centers.
Upon receipt of such specifications from the Department a sponsoring
authority may develop a detailed proposal for the establishment of a
specialized living center for the person with a developmental disability.  Such
detailed proposal shall include the selection of a specific site
for the location of a specialized living center and shall take into account
and shall be based upon the specifications developed by the Department.
A sponsoring authority shall have 90 days after receipt of specifications
from the Department to develop a detailed proposal.  After the
expiration of such 90 day period the Department may, at
its option, refuse to accept the submission of such proposal.
(Source: P.A. 88-380.)
(405 ILCS 25/5.02) (from Ch. 91 1/2, par. 605.02)
Sec. 5.02. 
		
		A sponsoring authority may upon acceptance
of its proposal for the establishment of a specialized living
center and the construction of such facilities as may be
required, receive such legal title to such land and buildings and such interest
in moveable, durable equipment
as are prescribed in Sections 6 and 7 of this Act.  Upon the
transfer of legal title and durable, moveable equipment to the sponsoring
authority, such authority
shall be subject to the rules and regulations adopted by the Department
for the conduct, maintenance and operation of the specialized living center.
(Source: P.A. 79-1477.)
(405 ILCS 25/5.03) (from Ch. 91 1/2, par. 605.03)
Sec. 5.03. 
		(Repealed).
(Source: Repealed by P.A. 88-330.)
(405 ILCS 25/6) (from Ch. 91 1/2, par. 606)
Sec. 6. 
		Conveyance of title to or leasing of lands and buildings. 
		Upon the
completion of construction of all buildings and facilities of a specialized
living center for persons with a developmental disability the Capital
Development Board may convey to the sponsoring authority for nominal
consideration a fee simple interest.
(Source: P.A. 87-866; 88-330; 88-380; 88-670, eff. 12-2-94.)
(405 ILCS 25/7) (from Ch. 91 1/2, par. 607)
Sec. 7. 
		Lease of durable, moveable equipment. 
		Upon conveyance of legal
title to the sponsoring authority, the Capital Development Board may lease
to the sponsoring authority for nominal consideration the initial durable,
moveable equipment required for the operation of the Specialized Living
Center in accordance with rules and regulations of the Department.  The
lease shall contain at minimum the covenants binding the sponsoring authority
to maintain and repair the equipment and to maintain a perpetual inventory
of the equipment.  The interest in such equipment transferred under this
Act to a sponsoring authority shall terminate upon the happening of any
condition causing legal title to the land and building to revert to the
Capital Development Board.
(Source: P.A. 79-1477.)