reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1910 - JUVENILE SEX OFFENDER EVALUATION AND TREATMENT › Subpart A - GENERAL › Section 1910.30 - Victim Centered Focus

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The paramount goal of intervention with juveniles who commit sexual offenses
				shall be victim and community safety.
b) Victims shall have the exclusive right to
				determine the extent to which they will provide input to the management and
				treatment of the juvenile. Parents/guardians of the victim shall act on behalf
				of the victim to exercise this right in the best interest of the victim. (See
				725 ILCS
				120/4(a)(7).)
c) The only circumstance under which a victim
				and the perpetrator shall have contact or reside in the same home is when all
				other alternatives have been exhausted and:
1)
				there is a well-designed safety plan in place, which has been developed by an
				approved provider in collaboration with the MDT and its implementation is
				monitored by informed supervisors; and
2) the victim agrees, as expressed through an
				advocate for the victim.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1910 - JUVENILE SEX OFFENDER EVALUATION AND TREATMENT › Subpart B - PROVIDER QUALIFICATIONS AND APPROVAL › Section 1910.40 - Provider List

Current through Register Vol. 48, No. 28, July 12, 2024
The Board will establish an approved provider list with the
				  names of all individuals who are approved by the Board to provide evaluation
				  and treatment of juvenile sex offenders, along with the category of services
				  the providers are approved to provide (e.g., treatment or evaluation).
				  Providers will be placed on the list if they complete the application process
				  described in Section
				  1910.60, meet the
				  requirements in Section
				  1910.50,
				  and meet the qualifications and requirements that correspond to the designation
				  sought.
a) Individuals who meet the
				qualifications of Section
				1910.50(b)
				will be approved for conducting evaluations of:
1) Juveniles who have committed a sex offense
				that is a felony who are being considered for probation, pursuant to Section
				16(b) of the Act; and
2) Juveniles
				found guilty of a sex offense pursuant to
				705 ILCS
				405/5-701.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1910 - JUVENILE SEX OFFENDER EVALUATION AND TREATMENT › Subpart B - PROVIDER QUALIFICATIONS AND APPROVAL › Section 1910.50 - Provider Qualifications

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				General Requirements
1) An individual shall
				not provide evaluation or treatment services to juveniles who have committed
				sex offenses if he/she has:
A) been convicted
				of a felony;
B) been convicted of
				any misdemeanor involving a sex offense;
C) had a professional license placed on an
				inactive status, suspended, revoked or placed on probationary status for
				disciplinary reasons, unless the provider has been restored to full practice
				rights;
D) been found by any
				licensing body to have engaged in unethical or unprofessional conduct, unless
				the provider has been restored to full practice rights; or
E) been engaged in deceit or fraud in
				connection with the delivery of services or supervision or the documentation of
				their credentials.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1910 - JUVENILE SEX OFFENDER EVALUATION AND TREATMENT › Subpart B - PROVIDER QUALIFICATIONS AND APPROVAL › Section 1910.60 - Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) A provider
				seeking placement on the approved provider list must complete and submit to the
				Board an application form provided by the Board that contains the elements
				prescribed in this Section and identifies the services for which the provider
				seeks approval. The elements of the application include:
1) provider identification, including name,
				business address, telephone number, fax number and e-mail address;
2) a listing of the counties in which the
				applicant provides services;
3) a
				listing of any and all currently held licenses or certifications;
4) identification of any languages other than
				English in which the applicant is fluent and can provide services;
5) the applicant's separate attestations that
				none of the bars to eligibility listed in Section 1910.50(a)(1)-(5)
				apply;
6) separate attestations
				that the applicant meets each of the qualifications applicable to the types of
				service he or she will provide;
7)
				an agreement that the applicant will conduct sex offender evaluations and/or
				provide treatment in accordance with the requirements of this Part.
8) attestation that the applicant's
				submission of false information will result in removal from the approved
				provider list; and
9) an agreement
				to notify the Board immediately if the provider becomes ineligible under
				Section 1910.50(a)(1)-(5).
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1910 - JUVENILE SEX OFFENDER EVALUATION AND TREATMENT › Subpart B - PROVIDER QUALIFICATIONS AND APPROVAL › Section 1910.70 - Application Review and Approval

Current through Register Vol. 48, No. 28, July 12, 2024
Submitted applications will be referred to an application
				  review committee, appointed by the Board, for review and approval.
a) The committee will consist of no fewer
				than 3 members, including one sex offense specific treatment provider, one sex
				offense specific evaluator, and one victim advocate.
b) No committee member holding a personal or
				financial interest in an application before the committee shall participate in
				the deliberation or the vote on approval of the application.
c) The committee shall review the application
				and, within 45 days after receipt of the application, shall either:
1) if it appears to the committee that all
				requirements for the type of approval applied for are met, direct that the
				applicant's name be added to the approved provider list and notify the
				applicant; or
2) if deficiencies
				are found in the application, notify the applicant of the deficiencies in
				writing. An application may be resubmitted after the deficiencies have been
				corrected.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1910 - JUVENILE SEX OFFENDER EVALUATION AND TREATMENT › Subpart B - PROVIDER QUALIFICATIONS AND APPROVAL › Section 1910.80 - Appeal of Application Denial

Current through Register Vol. 48, No. 28, July 12, 2024
An applicant whose application for placement on the approved
				  provider list is denied may appeal the decision of the application review
				  committee by requesting review by the Board.
a) The request must be made in writing and
				received by the Board within 30 days after the denial was mailed to the
				business address supplied by the applicant.
b) The applicant must submit with the appeal
				all of the documentation necessary and available to support placement on the
				list.
c) Copies of the appeal,
				including supporting documentation, will be provided to each Board member, and
				the appeal shall be considered on the next regularly scheduled meeting of the
				Board held more than two weeks after receipt of the appeal.
d) The vote of the Board shall be final, and
				the Board will notify the applicant of the result within two weeks after the
				Board's action.
e) Individuals
				whose applications have been denied may re-apply when the circumstances leading
				to the original denial of placement on the approved provider list have
				substantively changed.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1910 - JUVENILE SEX OFFENDER EVALUATION AND TREATMENT › Subpart B - PROVIDER QUALIFICATIONS AND APPROVAL › Section 1910.90 - Removal from Provider List

Current through Register Vol. 48, No. 28, July 12, 2024
The Board may rescind its approval of a person on the
				  approved provider listing for any of the following reasons:
a) The provider was not, in fact, qualified
				for placement on the list at the time of application, but was placed on the
				list on the basis of false or erroneous information provided with the
				application.
b) Circumstances have
				changed so that the provider is no longer eligible for placement on the list
				under Section
				1910.50(a).
c) The provider has substantially failed to
				follow the agreement to conduct evaluations and provide treatment in accordance
				with the requirements of this Part. For purposes of this Section, a substantial
				failure is one that is detrimental to the community and/or the juvenile who has
				committed a sex offense.
d) If a
				provider is removed from the list, the Board will inform any regulatory body
				with jurisdiction over the provider's professional license, if any.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1910 - JUVENILE SEX OFFENDER EVALUATION AND TREATMENT › Subpart B - PROVIDER QUALIFICATIONS AND APPROVAL › Section 1910.100 - Complaints Against Providers

Current through Register Vol. 48, No. 28, July 12, 2024
Should any person have reason to believe that the Board's
				  approval of a provider should be rescinded, the person may submit the concern
				  to the Board in writing, together with any available documentation. Complaints
				  will be reviewed in accordance with the procedures set forth in this
				  Section.
a) The Board will refer the
				complaint to a committee it empowers for that purpose, and the committee will
				make a determination of whether the complaint alleges cause to rescind approval
				under Section
				1910.90.
				The Board will notify the provider in question of receipt of a complaint and it
				nature, and if the complaint does allege cause to rescind, will request a
				written response from the provider within 30 days after receipt of the
				notice.
b) The committee shall
				review all information presented and determine whether the provider shall
				remain approved or whether approval shall be rescinded. The committee shall
				provide written notification of the decision, including the rationale, to the
				provider and the complainant within 30 days after the committee's receipt of
				the provider's response or, if there is no response, within 30 days after the
				committee's notification to the provider.
c) If the committee rescinds approval, it
				shall instruct the provider as to circumstances under which the provider may be
				reinstated.
d) For 35 days after
				the committee notifies the provider, the provider may appeal to the Board the
				decision of the committee to rescind approval. On appeal, the pertinent
				documentation shall be provided to the full Board for review at the next
				regularly scheduled meeting of the Board held more than 30 days after the
				receipt of the appeal. The provider shall have the opportunity to appear before
				the Board with respect to the appeal or, if unable to attend the meeting at
				which the matter is to be considered, to submit a statement to the Board. The
				provider shall be notified in writing of the decision of the Board within 30
				days after Board consideration is complete.
e) The decision of the Board shall be
				final.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1910 - JUVENILE SEX OFFENDER EVALUATION AND TREATMENT › Subpart C - STANDARDS OF PRACTICE › Section 1910.110 - Ethical Standards

Current through Register Vol. 48, No. 28, July 12, 2024
All providers of evaluation or treatment of juveniles who
				  commit sex offenses subject to this Part are to adhere to the Ethical
				  Principles in the Professional Code of Ethics (2001 Edition) published by the
				  Association for the Treatment of Sexual Abusers (ATSA) (4900 S.W. Griffith
				  Drive, Suite 274, Beaverton, Oregon 97005; Web:
www.atsa.com)
. A copy of the Code is available at
				  the Office of the Chair of the Board in the Office of the Illinois Attorney
				  General, 100 W. Randolph St., 12th Floor, Chicago,
				  Illinois 60601 or on the Board's web site at
http://www.illinoisattorneygeneral.gov/communities/somb
.
				  This incorporation by reference does not include any later amendments or
				  additions.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1910 - JUVENILE SEX OFFENDER EVALUATION AND TREATMENT › Subpart C - STANDARDS OF PRACTICE › Section 1910.120 - Confidentiality

Current through Register Vol. 48, No. 28, July 12, 2024
a) Service
				providers shall notify all clients of the limits of confidentiality imposed by
				Illinois mandatory reporting requirements. (See the Abused and Neglected Child
				Reporting Act [325 ILCS 5 ].)
b)
				Juveniles who have committed sexual offenses and their parents or legal
				guardians shall be advised by the service provider to sign a consent for
				purposes of evaluation, treatment, supervision and case management, to protect
				victims or potential victims, and to support ongoing communication between
				members of the MDT.
c) In the
				absence of consent, the juvenile and parent/guardian must be fully informed by
				the service provider of alternative dispositions that may occur.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1910 - JUVENILE SEX OFFENDER EVALUATION AND TREATMENT › Subpart C - STANDARDS OF PRACTICE › Section 1910.130 - Evaluation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Juveniles who
				have been adjudicated for a sexual offense or for whom a continuance under
				supervision has been entered as a result of a sexual offense shall have a
				comprehensive evaluation.
b) The
				evaluation of juveniles who have committed sexual offenses has the following
				purposes:
1) To assess overall risk to the
				community;
2) To provide protection
				for victims and potential victims;
3) To provide a written clinical summary of
				the juvenile's strengths, risks, deficits, including any and all co-morbid
				conditions or developmental disorders;
4) To identify and document treatment and
				developmental needs;
5) To
				determine amenability for treatment;
6) To identify individual differences,
				potential barriers to treatment, and static and dynamic risk factors;
7) To make recommendations for the management
				and supervision of the juvenile; and
8) To provide information that can help
				identify the type and intensity of community based treatment, or the need for a
				more restrictive setting.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1910 - JUVENILE SEX OFFENDER EVALUATION AND TREATMENT › Subpart C - STANDARDS OF PRACTICE › Section 1910.140 - Phases of Juvenile Evaluation

Current through Register Vol. 48, No. 28, July 12, 2024
Evaluation shall occur in 5 phases:
a) Pre-trial investigation. The initial phase
				of information gathering shall involve law enforcement officers, child
				protective services, and other professionals deemed necessary for investigative
				purposes and management of community safety. Information and/or evaluations
				compiled before an admission of guilt are considered the least reliable and
				incomplete.
b) Presentence and
				post-adjudication evaluation. The evaluation focuses on dangerousness, risk,
				placement and amenability to treatment and must be completed prior to
				sentencing to identify the juvenile's level of dangerousness and risk,
				residential needs, level of care, and treatment referrals.
c) Ongoing needs assessment. Treatment
				planning and the juvenile's progress in treatment and compliance with
				supervision are reviewed on an ongoing basis. Level of risk shall be a critical
				consideration at transition points such as discharge from a residential
				treatment center to home or transfer from a campus school to a community school
				and includes considerations of level of functioning, monitoring, and
				follow-up.
d) Release or
				termination evaluation. Prior to discharge from treatment or a residential
				treatment center or when the level of care changes, e.g., upon release from
				DOC, the evaluation is updated with a focus on community safety, reduced risk,
				and successful application of treatment tools. The final evaluation report
				shall make recommendations for follow-up and aftercare services.
e) Follow-up/monitoring. Probation/parole or
				other supervising agents or the caseworker must continue monitoring the
				juvenile's level of risk and treatment needs for as long as the court retains
				jurisdiction.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1910 - JUVENILE SEX OFFENDER EVALUATION AND TREATMENT › Subpart C - STANDARDS OF PRACTICE › Section 1910.150 - Elements of Juvenile Evaluation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Evaluation of juveniles who have committed
				sexual offenses shall be comprehensive and ongoing. The evaluator shall be
				sensitive to any cultural, language, ethnic, developmental, sexual orientation,
				gender, gender identification, medical, and/or educational issues that may
				arise during the evaluation.
b) The
				comprehensive evaluation shall assess the juvenile in the following areas:
1) cognitive functioning, including
				educational history;
2)
				personality, mental health, mental disorders;
3) social/developmental history;
4) current individual functioning;
5) current family functioning;
6) sexual background and history, to include
				function and dysfunction;
7)
				delinquency and conduct/behavioral issues, including substance or alcohol
				abuse;
8) assessment of risk to
				re-offend;
9) community risks and
				protective factors;
10) victim
				impact;
11) external relapse
				prevention strategies, including informed supervision; and
12) amenability to treatment.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1910 - JUVENILE SEX OFFENDER EVALUATION AND TREATMENT › Subpart C - STANDARDS OF PRACTICE › Section 1910.160 - Evaluation Recommendations and Report

Current through Register Vol. 48, No. 28, July 12, 2024
a) Recommendations regarding intervention
				shall be based on a juvenile's level of risk and needs as determined by the sex
				offender-specific evaluation.
b)
				Evaluation reports shall be provided in writing to members of the MDT, provided
				that consent has been given.
c)
				Evaluation reports shall:
1) describe the
				juvenile's strengths, deficits, risks for re-offense and all co-morbid
				conditions and/or developmental disorders;
2) recommend the management and supervision
				strategies for the juvenile;
3)
				recommend the type and intensity of treatment; and
4) recommend placement options that protect
				victims and potential victims ranging from placement in a family home through
				secure care in a locked facility.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1910 - JUVENILE SEX OFFENDER EVALUATION AND TREATMENT › Subpart C - STANDARDS OF PRACTICE › Section 1910.170 - Treatment

Current through Register Vol. 48, No. 28, July 12, 2024
a) The primary
				treatment provider, in consultation with the MDT, shall refer juveniles living
				in the community, residential treatment programs, or correctional facilities
				for individual, group, or family therapy or other adjunct services.
b) Sex offense specific treatment shall be
				designed to address strengths, risks and deficits and all areas of need
				identified by the evaluation (described in Section
				1910.60 ) and shall:
1) provide for the protection of past and
				potential victims and protect victims from unsafe or unwanted contact with the
				juvenile;
2) include treatment
				goals and interventions that are individualized to improve individual and
				family functioning and enhance the abilities of support systems to respond to
				the juvenile's needs and concerns;
3) favor continuity in caregiver
				relationships;
4) implement
				interventions that address the juvenile's need for pro-social peer
				relationships, activities, and success in educational/vocational
				settings;
5) define participation
				and informed supervision expectations for the juvenile, the family/caregivers,
				educators, and members of the juvenile's support systems;
6) develop detailed, long-term relapse
				prevention, safety, and aftercare plans to address risks and deficits that
				remain unchanged; and
7) describe
				relevant and measurable outcomes that will be the basis of determining
				successful completion of treatment.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1910 - JUVENILE SEX OFFENDER EVALUATION AND TREATMENT › Subpart C - STANDARDS OF PRACTICE › Section 1910.180 - Treatment Provider - Juvenile Contracts and Consent Agreements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Providers shall
				develop and utilize a written treatment contract and consent agreement with
				each juvenile who has committed a sexual offense prior to the commencement of
				treatment.
b) Treatment contracts
				and consent agreements shall address victim and public safety and shall be
				consistent with the conditions of the supervising agency. The treatment
				contract and consent agreement shall define the specific responsibilities and
				rights of the provider, and shall be signed by the provider, parent/guardian,
				and the juvenile. (Sample treatment plans are available from the
				Board.)
c) At a minimum, the
				treatment contract and consent agreement shall explain the responsibility of a
				provider to:
1) define and provide timely
				statements of the applicable costs of evaluation, assessment, and treatment,
				including all medical and psychological testing, physiological tests, and
				consultations;
2) describe the
				waivers of confidentiality, describe the various parties, including the MDT,
				with whom treatment information will be shared during the course of treatment,
				and inform the juvenile and parent/guardian that information may be shared with
				additional parties on a need to know basis;
3) describe the right of the juvenile or the
				parent/legal guardian to refuse treatment and/or to refuse to waive
				confidentiality, and describe the risks and the potential outcomes of that
				decision;
4) describe the procedure
				necessary for the juvenile or the parent/legal guardian to revoke the waiver
				and describe the relevant time limits;
5) describe the type, frequency, and
				requirements of treatment and outline how the duration of treatment will be
				determined; and
6) describe the
				limits of confidentiality imposed on providers by Illinois statutes on
				mandatory reporting [325
				ILCS 5/4 ].
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1910 - JUVENILE SEX OFFENDER EVALUATION AND TREATMENT › Subpart C - STANDARDS OF PRACTICE › Section 1910.190 - Treatment Plans

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Providers, in concert with the MDT, shall develop written treatment plans with
				measurable goals based on the individualized evaluation and assessment of the
				juvenile.
b) Sex offense specific
				treatment methods and intervention strategies shall be used and shall include a
				combination of individual, group and family therapy unless
				contraindicated.
c) The treatment
				plan shall be reviewed by the treatment provider and the MDT at a minimum of
				every three months or at each transition point, and revisions shall be made as
				indicated by the youth's progress in treatment.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1910 - JUVENILE SEX OFFENDER EVALUATION AND TREATMENT › Subpart C - STANDARDS OF PRACTICE › Section 1910.210 - Progress Review and Discharge

Current through Register Vol. 48, No. 28, July 12, 2024
a) At least quarterly, and in advance of
				planned discharge, the treatment provider shall convene the MDT to appraise the
				youth's progress in treatment and update the treatment plan based on progress
				reports from the treatment provider.
b) Discharge/termination recommendations
				shall be based on the youth's progress in treatment, improved functioning in
				home, school, and community, compliance with the safety plan, and acceptance of
				responsibility for the sex offense.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1910 - JUVENILE SEX OFFENDER EVALUATION AND TREATMENT › Subpart C - STANDARDS OF PRACTICE › Section 1910.220 - Successful Completion of Treatment

Current through Register Vol. 48, No. 28, July 12, 2024
a) Successful completion of sex offense
				specific treatment requires the following:
1)
				accomplishment of all of the goals identified in the treatment plan;
2) demonstrated application in the juvenile's
				daily functioning of the principles and tools learned in sex offense specific
				treatment;
3) consistent compliance
				with treatment conditions;
4)
				consistent compliance with supervision terms and conditions; and
5) a completed written relapse prevention and
				aftercare plan that addresses remaining risks and deficits, and that has been
				reviewed and agreed upon by those responsible for the juvenile's treatment,
				care, support, supervision, and monitoring, including the MDT, the family and
				the community support system.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1910 - JUVENILE SEX OFFENDER EVALUATION AND TREATMENT › Subpart D - SUPERVISION, RISK MANAGEMENT AND ACCOUNTABILITY › Section 1910.230 - Multidisciplinary Team

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of the MDT is to supervise and monitor the
				  juvenile through shared information. The MDT may include clinical providers,
				  supervising agents, parents or caregivers, and others who have relevant
				  information about the juvenile. The information that is gathered is the basis
				  of the ongoing assessment of risk, identifies any changes in the youth's
				  clinical needs or need for supervision, and documents the juvenile's progress
				  in treatment. The MDT meets at least quarterly.
a) The MDT may make recommendations
				regarding:
1) the juvenile's evaluation,
				treatment, treatment plan, safety plan, placement, and supervision;
2) any change in the level of supervision
				and/or in the juvenile's placement; and
3) any proposed contact between the victim
				and the juvenile who committed the sexual offense.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1910 - JUVENILE SEX OFFENDER EVALUATION AND TREATMENT › Subpart D - SUPERVISION, RISK MANAGEMENT AND ACCOUNTABILITY › Section 1910.240 - Placement

Current through Register Vol. 48, No. 28, July 12, 2024
a) The three goals
				of placement shall be the protection of victims and potential victims,
				community safety, and, as a part of treatment, building the competencies of the
				juvenile.
b) Unless there is a
				court order regarding a juvenile's placement, placement recommendations shall
				be developed collaboratively by the treatment provider and other members of the
				MDT. The MDT shall consider whether the placement is the least restrictive
				setting that can provide adequate supervision, structure, and treatment to
				prevent future offending behavior.
c) Parents or designated caregivers in any
				placement setting shall be informed about the juvenile's offense history,
				identified risks, treatment plan, and supervision needs. Placement should occur
				only if the parent/caregiver understands and agrees to comply with all
				supervision requirements.
d)
				Placement decisions and placement review shall be based on an appraisal of the
				juvenile's level of risk and clinical needs identified during the
				evaluation.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1910 - JUVENILE SEX OFFENDER EVALUATION AND TREATMENT › Subpart D - SUPERVISION, RISK MANAGEMENT AND ACCOUNTABILITY › Section 1910.250 - Polygraph Examinations of Juveniles

Current through Register Vol. 48, No. 28, July 12, 2024
a) The approved provider, in consultation
				with the MDT, shall refer juveniles for polygraph examinations when
				therapeutically indicated.
b) Prior
				to administering a polygraph, the polygraph examiner shall make the final
				determination of the juvenile's suitability for polygraph examination based on
				factors such as developmental and cognitive functioning, mental health,
				etc.
c) The type and frequency of
				polygraph testing and the use of polygraph results in treatment and supervision
				shall be documented in the case record.
d) Before commencing any polygraph
				examination with any juvenile who has committed a sexual offense, the polygraph
				examiner shall document that the juvenile, at each examination, has been
				provided a thorough explanation of the polygraph examination process and the
				potential relevance of the procedure to the juvenile's treatment and/or
				supervision. Review and documentation of informed assent will include
				information regarding the juvenile's right to terminate the examination at any
				time and to speak with his/her attorney if desired.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1910 - JUVENILE SEX OFFENDER EVALUATION AND TREATMENT › Subpart D - SUPERVISION, RISK MANAGEMENT AND ACCOUNTABILITY › Section 1910.260 - Accountability and Assignment/Acceptance of Responsibility

Current through Register Vol. 48, No. 28, July 12, 2024
a) As an integral component of treatment,
				offenders are expected to establish their accountability, describe the nature
				of their behavior, and list what steps they have taken to accept responsibility
				for the offense in accountability sessions with others (i.e., victim's parents,
				family members, siblings, neighbors, fellow students).
b) Assignment of the offender's
				accountability and responsibility for the offense is a process designed
				primarily to benefit the victim.
1) Assignment
				of responsibility is a lengthy process that occurs over time, usually beginning
				with the juvenile's reduction of denial and ability to accurately self-disclose
				about the offending behavior.
2)
				Information gained as a result of a specific issue polygraph is critical to the
				assignment of responsibility to the offender.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1910 - JUVENILE SEX OFFENDER EVALUATION AND TREATMENT › Subpart D - SUPERVISION, RISK MANAGEMENT AND ACCOUNTABILITY › Section 1910.270 - Family Reunification

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				goal of family reunification may be established only if victim safety and
				continued recovery can be assured.
b) The treatment provider, in collaboration
				with the MDT, shall make recommendations regarding reunification.
1) Family reunification shall never take
				precedence over the safety of any victim.
2) If reunification is indicated, after
				careful consideration of all the potential risks, the process shall be closely
				monitored by the approved provider and the MDT.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 2000 - POLICY, HEARINGS AND FORMS › Section 2000.20 - Duties and Powers of Commission

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Commission is an independent
			 commission created by statute to implement an extraordinary procedure to
			 investigate and determine factual claims related to certain allegations of
			 torture.
b) The Commission has the
			 duty and power to:
1) Establish the criteria
			 and screening process to be used to determine which cases shall be accepted for
			 review;
2) Conduct inquiries into
			 claims of torture;
3) Coordinate
			 the investigation of cases accepted for review;
4) Maintain records for all case
			 investigations;
5) Prepare written
			 reports outlining Commission investigations and recommendations to the trial
			 court at the completion of each inquiry;
6) Apply for and accept any funds that may
			 become available for the Commission's work from government grants, private
			 gifts, donations or bequests from any source [775 ILCS
			 40/35 ]; and
7) Create, amend and utilize such forms,
			 discovery demands, and subpoenas as may be necessary to perform its duties and
			 exercise its powers.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 2000 - POLICY, HEARINGS AND FORMS › Section 2000.30 - Nature of Investigations

Current through Register Vol. 48, No. 28, July 12, 2024
The Commission shall conduct all investigations in a
				professional and thorough manner, and all investigations shall be properly
				documented and result in a written report of findings and a decision. The
				Commission does not represent any individual, but instead functions solely to
				determine if a claim of torture is credible and merits judicial review for
				appropriate relief.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 2000 - POLICY, HEARINGS AND FORMS › Section 2000.40 - Subpoenas

Current through Register Vol. 48, No. 28, July 12, 2024
a) A subpoena may
			 be issued to compel the attendance of witnesses. The subpoena shall bear the
			 current address and phone number of the Commission, a citation to the statutory
			 section authorizing the Commission to issue subpoenas, a unique TIRC subpoena
			 number, the TIRC case number to which the subpoena relates, the address to
			 which the witness is to report, the time at which the witness is to report and
			 the signature of the Director or his or her designee.
b) A subpoena duces tecum may be issued to
			 compel the production of records, correspondence or other documents. The
			 subpoena shall bear the current address and phone number of the Commission, a
			 citation to the statutory section authorizing the Commission to issue
			 subpoenas, a unique TIRC subpoena number, the TIRC case number to which the
			 subpoena relates, a description of the records sought, the date by which the
			 records are to be returned and the signature of the Director or his or her
			 designee.
c) Witness and mileage
			 fees shall be the same as are paid witnesses in the Circuit Courts of the State
			 of Illinois, as set forth in Section
			 4.3 of the Circuit
			 Courts Act [705 ILCS 35/4.3
			 ].
d) Service on the subpoenaed
			 person shall be by personal service, certified mail or facsimile, or by leaving
			 a copy at the principal office or place of business of a subpoenaed corporation
			 or partnership. A subpoena shall be served reasonably in advance of its return
			 date.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 2000 - POLICY, HEARINGS AND FORMS › Section 2000.50 - Relief

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the
			 Commission concludes there is sufficient evident of torture to merit judicial
			 review, the Chair shall request the Chief Judge of the Circuit Court of Cook
			 County to assign the case to a trial judge for consideration of the evidence
			 and the appropriate relief. [775 ILCS
			 40/50(a) ]
b) The Chair shall recommend that the case be
			 assigned to a judge other than the judge who tried the criminal case and other
			 than the judge who presided over any previous post-conviction
			 proceedings.
c) The Commission has
			 no authority to award monetary compensation, even if it concludes there is
			 sufficient evidence of torture to merit judicial review for other
			 relief.
d) A claim of torture
			 asserted through the Commission does not adversely affect the convicted
			 person's rights to other post-conviction relief.
e) The Commission has the discretion to refer
			 its findings and written decision, along with the supporting record and
			 evidence, to such other parties or entities as the Commission deems
			 appropriate. [775 ILCS
			 40/45(d) ]
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 2000 - POLICY, HEARINGS AND FORMS › Section 2000.60 - Review of Decisions

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 decisions of the Commission are final and are subject to review as final
			 decisions under the Administrative Review Law [735 ILCS 5 /Art. III] pursuant
			 to which the decision may be overturned only if the court finds that it is
			 against the manifest weight of the evidence. [775
			 ILCS 40/55(a) ]
b) To facilitate judicial review by the
			 Court, the Director shall file an administrative record. The administrative
			 record filed with the Court shall consist of:
1) A decision stating the Commission's
			 findings;
2) Any transcripts,
			 statements, testimony or other evidentiary material presented to all of the
			 Commissioners when the Commissioners reviewed the case;
3) A copy of an audio recording of the
			 Commission's deliberations about the case. If, through a malfunctioning
			 recording device or other mistake, a recording is not available, the Director
			 shall substitute the portion of the minutes of the meeting or meetings
			 describing the Commission's discussion and votes about the case.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 2000 - POLICY, HEARINGS AND FORMS › Appendix A - Employee Confidentiality Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
ILLINOIS TORTURE INQUIRY AND RELIEF
				COMMISSION
Employee Confidentiality Agreement
It is the policy of the Illinois Torture Inquiry and Relief
				Commission (TIRC) to protect the confidentiality it receives, including
				information about investigations, confidential informants, and other sensitive
				information. As part of your employment with TIRC you may have access to, among
				other things, TIRC electronic data, investigation files, and other sensitive
				information, which is subject to the following conditions:
I,______________________________________, understand that the
				information that I encounter during my employment at TIRC is confidential. I
				also understand that disclosure of that information to any individual outside
				of TIRC could compromise an investigation. I agree to respect the
				confidentiality of individuals to whose records and identity I have access. If
				I have a question regarding the confidentiality of a particular piece of
				information, I will ask the Director of TIRC for advice.
With regard to electronic data,
				I,___________________________________, also understand that all such
				information is confidential, including the fact that an investigation has been
				opened. Access or use of electronic data is restricted to TIRC business and may
				not be used for other purposes or to satisfy personal curiosity. I agree to
				follow the policies and procedures established by TIRC for the use of the
				electronic data. Failure to do so may result in the revocation of my ability to
				access the data and/or disciplinary action, including termination of my
				employment.
I agree, by my signature below, that, absent authority by law
				or the express written consent of the Director, I will never disclose the
				existence of an investigation, its progress, its resolution, the TIRC
				recommendation, or any information about an investigation to any party other
				than the employees of TIRC and/or a Commission member. I understand that, even
				should the investigation become public, I am not permitted to discuss the
				investigation with anyone absent the express, written consent of the Director.
				I also understand that, upon termination of my employment with TIRC, I continue
				to be bound by this agreement and will not discuss even the existence of an
				investigation with anyone.
I understand that my failure to abide by this agreement may
				result in my immediate termination or other appropriate disciplinary
				action.
_________________________________
Employee
				SignatureDate
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 2000 - POLICY, HEARINGS AND FORMS › Appendix B - Form to File Claim of Torture

Current through Register Vol. 48, No. 28, July 12, 2024
FORM TO FILE CLAIM OF TORTURE
				WITH TIRC
1. Name and current address of person claiming to have been
				tortured:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
2. Name and current address of person signing this form (if
				different than No. 1 above):
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
3. Details of claimant's felony conviction based upon allegedly
				tortured confession:
a. Circuit Court:
				________________________________________________________
b. Year:
				______________________________________________________________
c. Crimes of Conviction:
				_________________________________________________
d. Sentence:
				__________________________________________________________
e. Case Number (if known):
				_______________________________________________
4. Details of alleged torture:
a. Law enforcement agency:
				______________________________________________
b. Dates:
				_____________________________________________________________
c. Names of persons committing alleged torture:
				_______________________________
____________________________________________________________________
____________________________________________________________________
d. Brief description of alleged torture:
				_______________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
5. As a result of the torture described above, did you confess
				to the offense of which you were
				convicted?YesNo
6. If you did confess, was that confession used against you to
				obtain the
				conviction?YesNo
7. Names and current addresses of persons who could support
				your claim:
a.
				__________________________________________________________________
b.
				__________________________________________________________________
c.
				__________________________________________________________________
d.
				__________________________________________________________________
e.
				__________________________________________________________________
8. Location of documentation supporting your claim:
				____________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Claimant or Person Signing on Claimant's
				BehalfDate
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 2000 - POLICY, HEARINGS AND FORMS › Appendix C - TIRC Waiver Form

Current through Register Vol. 48, No. 28, July 12, 2024
TIRC WAIVER FORM
I,
				__________________________________________________________________, was born on
				_____________________________________. I have not consumed any drugs or alcohol
				in the last 24 hours, other than prescription medication consisting of
				______________________ ________________________________________________, and I
				am not under the influence of drugs or alcohol at the present time. I am
				otherwise of sound mind and body.
I have filed, or caused to be filed on my behalf a Claim of
				Torture with the Illinois Torture Inquiry and Relief Commission (TIRC). I am
				represented by counsel, ____________________, who is present or has stated in
				writing (attached to this Waiver) that she/he cannot be present. I have
				discussed this Waiver thoroughly with my counsel, and I am satisfied with the
				advice I have received. If my counsel is not present, I am comfortable
				proceeding in counsel's absence.
It is my understanding that the TIRC, by statute, cannot
				investigate my Claim if I refuse to sign this Waiver, and that is the reason I
				am voluntarily signing it. No promises or threats have been made to induce me
				to sign the Waiver, other than the fact that the TIRC will agree to investigate
				my Claim, in accordance with its rules and procedures. No promises have been
				made to me by anyone as to what the outcome of that investigation will
				be.
It is also my understanding that, by signing this Waiver, I am
				giving up my procedural safeguards and privileges, including, but not limited
				to, giving up my right not to incriminate myself under the United States
				Constitution and the Constitution of the State of Illinois, pertaining only to
				the offense of conviction regarding which I am claiming torture. Anything I say
				pertaining to that offense that might incriminate me can and will be used
				against me in the investigation and/or a court of law. This waiver does not
				apply to matters unrelated to my claim of torture.
Finally, it is my understanding that I must continue to
				cooperate with the TIRC throughout the investigation into my claim of torture
				and that, if I refuse to cooperate at any time, the TIRC may terminate the
				investigation. I also realize that the TIRC has no power to award any money to
				me for any reason.
By signing this Waiver, I acknowledge that I have read this
				Waiver and discussed the terms of it with my counsel, and that is my free and
				voluntary decision to sign it. A copy of this signed Waiver will be provided to
				me.
___________ ___________
ClaimantDate
___________ ___________
WitnessDate
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 2000 - POLICY, HEARINGS AND FORMS › Appendix F - Fee Schedule for Duplication and Certification of Records (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Expense for delivery other than by First Class U.S. Mail must
				  be borne by requester.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 2000 - POLICY, HEARINGS AND FORMS › Appendix G - Application and Order for Appointed Counsel Based Upon Indigency

Current through Register Vol. 48, No. 28, July 12, 2024
IN RE: TIRC Claim No.:
APPLICATION FOR APPOINTED COUNSEL
				BASED UPON INDIGENCY
Click here to view
				image
ILLINOIS TORTURE INQUIRY AND RELIEF
				COMMISSION
ORDER
IN RE: TIRC Claim No. :
The Claimant, having demonstrated indigency, is
				appointed counsel for the limited purpose of advising Claimant regarding the
				Waiver procedure set forth in 2 Ill. Adm. Code 3500.350, and, if a Formal
				Inquiry is initiated pursuant to 2 Ill. Adm. Code 3500.375, regarding the
				Formal Inquiry as long as the Claim is pending before the Torture Inquiry and
				Relief Commission. Counsel is appointed to advise Claimant only with regard to
				Claimant's pending Claim before the Commission, and not about any other legal
				matters Claimant may have.
The Claimant's Application for appointed counsel is
				denied because the Application fails to demonstrate indigency.
________ _________
DateTIRC
				Chair