Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart C - SECURE RESIDENTIAL › Section 299.330 - Rights

Current through Register Vol. 48, No. 28, July 12, 2024
a) No resident
				shall be presumed incompetent, nor shall such person be held legally disabled,
				except as determined by a court. This determination shall be separate from a
				judicial proceeding held to determine whether a person is subject to commitment
				as a sexually violent person.
b)
				Residents shall be provided reasonable opportunities to pursue their religious
				beliefs and practices, subject to the Program's legitimate concerns regarding
				security, safety, rehabilitation, facility order, space and resources. A
				resident who is an adherent or a member of any well-recognized religious
				denomination, the principles and tenets of which teach reliance upon services
				by spiritual means through prayer alone for healing by a duly accredited
				practitioner thereof, shall have the right to choose those services. As
				appropriate, the parent or guardian of a resident who is a minor, or a guardian
				of a resident who is not a minor, shall have the right to choose services by
				spiritual means through prayer for the resident.
c) A resident may volunteer to perform tasks
				that benefit the resident community as a whole, if the professional responsible
				for overseeing the implementation of the ITP for the resident determines that
				the task would be consistent with the ITP. A resident who volunteers to perform
				a communal task may be compensated through the provision of reward points
				redeemable at the facility. A resident may be required to perform tasks of a
				personal housekeeping nature without compensation.
d) Residents may only acquire personal
				property in accordance with this Part. The Program Director at the facility
				where the resident is assigned may post these rules or explanations of these
				rules in a conspicuous location within the facility. Every resident who resides
				in a secure residential facility shall be permitted to receive, possess and use
				personal property and shall be provided with a reasonable amount of storage
				space for that property, except for those limitations provided in Department
				rules and explained in the Resident Handbook, or as posted by the Program
				Director.
1) Possession and use of certain
				classes of property may be restricted by the Program Director when necessary to
				assure the safety and security of the facility.
2) The professional responsible for
				overseeing the implementation of a resident's ITP may, with the approval of the
				Program Director, restrict the right to property when necessary to assure
				implementation of the ITP, protect the resident or others from harm, or as part
				of the Resident Behavior Management System.
3) When a resident is discharged from the
				facility, all of his/her lawful personal property that is in the custody of the
				facility shall be returned.
4) A
				resident may use his/her funds as he/she chooses, unless he/she is a minor or
				prohibited from doing so under a court guardianship order. A resident may
				deposit, with the Department, or cause to be deposited in his/her name, money.
				When a resident is discharged from the Department, all of his/her unspent
				money, including interest on trust fund monies (if any), shall be returned
				subject to a set-off for any outstanding restitution or repayment as may have
				been ordered by the Program Director or Behavior Committee.