reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 720 - MUNICIPAL JAIL AND LOCKUP STANDARDS › Section 720.160 - New Construction

Current through Register Vol. 48, No. 28, July 12, 2024
This Section applies to all new construction, including
				remodeling, renovation, additions to existing structures, and new
				structures.
a) All plans and
			 specifications for the construction of municipal jails or the remodeling or
			 renovation of existing facilities must be approved by the Illinois Department
			 of Corrections. The Department is concerned with all aspects of jail
			 construction, maintenance, and operation which affect the rights, safety,
			 security, care, and welfare of all persons detained and of the staff. The
			 minimum standards set forth in this Section, or an approved equivalent or
			 greater standard, must be met.
1) One set of
			 preliminary drawings shall be submitted to the Department for review and
			 approval.
2) One complete set of
			 construction or bid drawings and specifications shall be submitted to the
			 Department for review and approval, to include:
A) Architectural design.
B) Heating and ventilating system.
C) Plumbing specifications.
D) Electrical specifications.
E) Specifications for materials.
F) Equipment.
G) Furnishings.
3) Documents shall show conformance to
			 applicable local, State, and federal codes and standards and shall include the
			 architect's seal.
4) Plans showing
			 the proposed building location must be submitted to the Illinois Department of
			 Natural Resources, to determine compliance with the Regulation of Construction
			 within Flood Plains (17 Ill. Adm. Code 2706) and Construction Activities in
			 Special Flood Hazard Areas (Executive Order 79-4, effective June 1,
			 1979).
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 800 - TRANSITIONAL HOUSING LICENSURE FOR SEX OFFENDERS ON PAROLE, PROBATION, OR SUPERVISION › Subpart A - LICENSING PROCEDURES › Section 800.10 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart applies to the Department and any person, group
				  of persons, corporations, or entity that intends to develop, establish,
				  maintain, or operate Transitional Housing for sex offenders on parole,
				  probation, or supervision.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 800 - TRANSITIONAL HOUSING LICENSURE FOR SEX OFFENDERS ON PAROLE, PROBATION, OR SUPERVISION › Subpart A - LICENSING PROCEDURES › Section 800.20 - Designees

Current through Register Vol. 48, No. 28, July 12, 2024
Unless otherwise specified, whenever a title such as Director
				  is used in this Subpart, it means the person who holds that title or the person
				  who has been designated in writing to fulfill the duties of that title on a
				  routine basis or during a temporary absence or an emergency.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 800 - TRANSITIONAL HOUSING LICENSURE FOR SEX OFFENDERS ON PAROLE, PROBATION, OR SUPERVISION › Subpart A - LICENSING PROCEDURES › Section 800.30 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Authorized Representative" means the individual in whom
				  authority is vested for the management, control, and operation of all services
				  at a Transitional Housing facility and for communication with the Department
				  regarding the status of the licenses at that facility.
"Department" means the Illinois Department of
				  Corrections.
"Director" means the Director of the Department.
"Facility" means the building or premises that are used for
				  housing and services as specified in this Part.
"Governing Body" means the board of directors of a
				  corporation or partners, owners, proprietors, members, managers, or other
				  entity or persons legally responsible for the operation of the facility.
"License" means a document issued by the Department to allow
				  the applicant to establish or operate a Transitional Housing facility.
"Licensee" means those individuals, agencies, or
				  organizations that hold a license.
"Licensing Administrator" means Department staff authorized
				  by the Director to oversee the licensing process and operations of Transitional
				  Housing facilities holding a license.
"Linkage Agreement" means a written agreement with an
				  external person or organization to supplement existing services and to arrange
				  for other services not directly provided by or at a Transitional Housing
				  facility.
"Parole" means the conditional and revocable release of a
				  committed person under the supervision of a parole officer.
"Probation" means a sentence of release upon set conditions
				  of a convicted person under the supervision of a county probation
				  officer.
"Sex offender" means a person who has been adjudicated guilty
				  of a sex offense as defined in the Sex Offender Registration Act [730 ILCS 150
				  ].
"SOMB" means the Sex Offender Management Board.
"Supervising Authority" means the law enforcement entity
				  responsible for the supervision of the sex offender on parole, probation, or
				  supervision.
"Supervision" means the release of a person upon set
				  conditions after an adjudication of guilt but prior to entry of conviction
				  under the supervision of a county probation officer.
"Transitional Housing" means a Department licensed community
				  based facility where a limited number of sex offenders on parole, probation, or
				  supervision are temporarily placed and reside for monitoring, counseling, and
				  treatment.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 800 - TRANSITIONAL HOUSING LICENSURE FOR SEX OFFENDERS ON PAROLE, PROBATION, OR SUPERVISION › Subpart A - LICENSING PROCEDURES › Section 800.50 - Licenses Required

Current through Register Vol. 48, No. 28, July 12, 2024
a) No
				person on parole, probation, or supervision for a sex offense shall reside in a
				building or premises in which another person known to be a sex offender or
				known to have been placed on supervision for a sex offense resides, except in a
				Department licensed Transitional Housing facility. Any person, group of
				persons, corporation, or other entity who desires to develop, establish,
				maintain, or operate a Transitional Housing facility for sex offenders who are
				on parole, probation, or supervision must obtain a license from the Department
				prior to commencing operations. Transitional Housing licenses shall be issued
				for the specific level of the facility.
1)
				Level I licenses shall be issued to facilities that may house more than one but
				not more than 20 sex offenders on parole, probation, or supervision.
2) Level II licenses shall be issued to
				facilities that have a Department of Human Services license under 77 Ill. Adm.
				Code 2060 and that have fewer than ten sex offender residents, or no more than
				ten percent of the total residency be sex offenders on parole, probation, or
				supervision, whichever is less.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 800 - TRANSITIONAL HOUSING LICENSURE FOR SEX OFFENDERS ON PAROLE, PROBATION, OR SUPERVISION › Subpart A - LICENSING PROCEDURES › Section 800.60 - Application Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				non-refundable application fee shall be $250 per facility and must be submitted
				with each application for a license, renewal of a license, or relocation of a
				licensed facility.
b) Payment shall
				be made by check or money order payable to the Department. A separate check or
				money order shall be submitted with each facility application.
c) No application fee shall be required of
				any unit of local, State, or federal government.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 800 - TRANSITIONAL HOUSING LICENSURE FOR SEX OFFENDERS ON PAROLE, PROBATION, OR SUPERVISION › Subpart A - LICENSING PROCEDURES › Section 800.80 - Licensing Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				license to operate a Transitional Housing facility shall be valid for three
				years from the date issued unless revoked by the Department or voluntarily
				surrendered by the licensee.
b) A
				license shall not be issued retroactively.
c) The license shall include the level of the
				license, licensee's name, the facility name and address, the date issued, the
				license number, and the expiration date.
d) The license shall not be transferred to
				another person, organization, or sponsor, nor shall it be valid for a name,
				address, or part of the facility other than what is shown on the
				license.
e) The facility shall
				adhere to the provisions specified on the license.
f) The facility shall maintain a degree of
				financial solvency that assures compliance with the standards prescribed in
				this Part and assures adequate care and supervision of the sex offenders on
				parole, probation, or supervision.
g) Financial records shall be maintained and
				kept in the State of Illinois where they shall be readily available for review
				by the Department.
h) The
				Department shall be notified immediately if the facility is determined to be
				financially insolvent.
i) At any
				time during the licensure period, additional services for sex offenders may be
				added at the facility at no extra licensing cost.
j) Changes in the following shall occur only
				upon prior approval of the Department:
1) The
				programming modality used by the facility;
2) The residential capacity of the facility;
				or
3) The security, operations, and
				treatment plans to be used by the facility.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 800 - TRANSITIONAL HOUSING LICENSURE FOR SEX OFFENDERS ON PAROLE, PROBATION, OR SUPERVISION › Subpart A - LICENSING PROCEDURES › Section 800.90 - Responsibilities of the Governing Body

Current through Register Vol. 48, No. 28, July 12, 2024
a) The governing body of an incorporated
				facility shall be a board of directors composed of at least five persons. All
				board members shall be of reputable and responsible character. The governing
				body shall be responsible for maintaining the standards set forth in this
				Part.
b) The governing body of a
				sole proprietorship or partnership shall be the partners, owners, proprietors,
				members, managers, or other entity or persons legally responsible for the
				operation of the facility.
c) The
				governing body shall:
1) Provide written
				by-laws, partnership agreements, articles of organization, or statements of
				ownership, as applicable;
2) Assure
				that the facility operates at all times with an on-site administrator who, by
				official notice, is made known to the Department;
3) Hold at least two meetings
				annually;
4) Keep written records
				or minutes of all board meetings reflecting official actions by the
				board;
5) Officially notify the
				Department of any major changes in the corporate structure or a change in the
				administration of the facility, including: articles of incorporation and
				by-laws, partnership agreements, articles of organization, board membership,
				officers, ownership, and changes in services provided by the
				facility;
6) Establish written
				policies of the facility that shall be made available to all members of the
				governing body and employees of the facility, including services to be provided
				by the facility;
7) Assure that
				staff have achieved appropriate competency levels for this type of facility and
				are administering the facility's established policies correctly;
8) Assure that the facility has clearly
				outlined procedures to ensure continuity for sex offenders residing in the
				Transitional Housing and sufficient linkage agreements and programs to support
				the sex offenders;
9) Provide and
				maintain physical facilities appropriate for the program and supporting
				services;
10) Maintain and keep all
				records and documents required by this Part in the State of Illinois where they
				shall be readily available for review by licensing representatives;
				and
11) Assure fidelity bonding of
				fiscally responsible officers and employees, elected or appointed, whether or
				not compensated by salary, against breach of fidelity duty or the loss of
				monies, securities or other property that the facility may sustain through any
				fraudulent or dishonest act or acts committed by any officer or employee acting
				alone or in collusion with others.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 800 - TRANSITIONAL HOUSING LICENSURE FOR SEX OFFENDERS ON PAROLE, PROBATION, OR SUPERVISION › Subpart A - LICENSING PROCEDURES › Section 800.100 - On-site Inspection of Programs, Security, and Operations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Prior to
				recommending issuance of a license, the site of a Transitional Housing facility
				shall be inspected by licensing representatives.
b) On-site reviews of programs, security, and
				operations shall be completed by Department licensure staff prior to
				recommendation for licensure and at least annually thereafter.
c) License representatives, within 30 days
				after the application for licensure has been received and determined to be
				complete, shall schedule a visit to the facility. The purpose of the visit
				shall be to assess the housing and prepare a written report to the Licensing
				Administrator regarding:
1) Compliance with
				applicable statutes, licensing procedures, and standards;
2) The adequacy of security, programming, and
				care outlined in the program plan;
3) The degree to which the program, as
				outlined, can reasonably be expected to ensure security, safety, continuity of
				care, and the provision of adequate planning and services;
4) The adequacy of number of staff, staff
				qualifications, and training;
5)
				The adequacy of the physical plant, site, and facility design in relation to
				implementing Transitional Housing; and
6) Whether the quality assurance, security
				policies, and evaluation mechanisms developed by the facility can reasonably be
				expected to control the use of behavior management techniques and security
				practices within the facility and to minimize the frequency of unusual
				incidents within the program.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 800 - TRANSITIONAL HOUSING LICENSURE FOR SEX OFFENDERS ON PAROLE, PROBATION, OR SUPERVISION › Subpart A - LICENSING PROCEDURES › Section 800.110 - Background Investigations

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				No Transitional Housing applicant may receive a license from the Department,
				and no person may be employed by a licensed Transitional Housing facility,
				unless he or she provides written authorization for a background check that may
				include, but is not limited to:
1) A check of
				the criminal justice information systems, including, but not limited to, those
				maintained by the Illinois Department of State Police, the Federal Bureau of
				Investigation, and the United States Department of Justice, to determine
				whether the person has been charged with a crime, and if so, the disposition of
				the charges; and
2) A
				pre-employment drug test and an agreement to random drug testing when the
				Department or the facility has reasonable suspicion of abuse.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 800 - TRANSITIONAL HOUSING LICENSURE FOR SEX OFFENDERS ON PAROLE, PROBATION, OR SUPERVISION › Subpart A - LICENSING PROCEDURES › Section 800.120 - Required Notices

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Facility Postings
1) Upon initial licensure
				and during the period of licensure, the licensee shall maintain at the main
				entrance a visible and conspicuous exterior sign in at least four inch high
				letters identifying the facility as a "Department of Corrections Licensed
				Transitional Housing Facility".
2)
				The license issued by the Department shall be publicly displayed at the
				facility at all times.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 800 - TRANSITIONAL HOUSING LICENSURE FOR SEX OFFENDERS ON PAROLE, PROBATION, OR SUPERVISION › Subpart A - LICENSING PROCEDURES › Section 800.130 - Change of Ownership or Management or Corporate Dissolution

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each
				Transitional Housing license issued shall be valid only for the premises and
				persons named in the application. Licensure is not transferable. A license
				shall become null and void when:
1) A change
				in ownership occurs involving more than 25% of the aggregate ownership interest
				within a one year period or a significant change in management occurs;
				or
2) A change in 50% or more in
				the board of directors of a not-for-profit corporation occurs within a one year
				period.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 800 - TRANSITIONAL HOUSING LICENSURE FOR SEX OFFENDERS ON PAROLE, PROBATION, OR SUPERVISION › Subpart A - LICENSING PROCEDURES › Section 800.140 - Application for Renewal of License

Current through Register Vol. 48, No. 28, July 12, 2024
a) Application forms for license renewal
				prescribed by the Department shall be requested by the facility from the
				Department prior to the expiration date of the Transitional Housing license.
				The completed application shall be submitted to the Department three months
				prior to the expiration date of the license.
b) Upon receipt of the application for
				license renewal, the Department shall conduct a licensing study. The study
				shall include an on-site visit of the premises and a review of the records of
				the facility as the Department considers necessary in order to determine that
				the facility meets or continues to meet the licensing standards for a
				Transitional Housing facility. The licensing study shall be in writing and
				shall be reviewed and signed by the Director. The Department shall either:
1) Renew the license if the Department is
				satisfied that the facility continues to maintain the minimum licensing
				standards; or
2) Refuse to renew
				the license in accordance with Section
				800.200.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 800 - TRANSITIONAL HOUSING LICENSURE FOR SEX OFFENDERS ON PAROLE, PROBATION, OR SUPERVISION › Subpart A - LICENSING PROCEDURES › Section 800.150 - Grounds for Revocation, Termination, or Refusal to Issue or Renew a License

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
				may revoke a license, refuse to renew a license, or refuse to issue a license
				of any Transitional Housing facility if there is a finding that the licensee or
				the licensee's governing body or employees did any of the following:
1) Failed to maintain standards prescribed by
				Department rules or applicable laws.
2) Violated any of the provisions of the
				license issued.
3) Acted to
				conceal, misrepresent, or falsify any condition, action, or omission that would
				demonstrate non-compliance with rules or procedures or a violation of any
				federal, State, or local law or court order.
4) Failed to submit to the Department
				required reports or failed to make available to the Department any records
				required by the Department in conducting an investigation of the facility for
				licensing purposes.
5) Failed or
				refused to submit to or fully cooperate with an investigation required by the
				Department.
6) Failed or refused to
				admit authorized representatives of the Department at any time for the purpose
				of investigation.
7) Failed to
				provide, maintain, equip, and keep in a safe, secure, and sanitary condition
				premises established or used for Transitional Housing as required under
				Department rules or required by any law, regulation, or ordinance applicable to
				the facility.
8) Failed to publicly
				display its license and notices or to publish and file notification in
				accordance with Section
				800.120.
9) Failed to exercise reasonable care in the
				hiring, training, and supervision of facility personnel.
10) Failed to report absences of sex
				offenders on parole, probation, or supervision.
11) Failed to report to the Department
				unusual incidents.
12) Failed to
				correct any condition that may jeopardize the health, safety, security, or
				welfare of sex offenders served by the facility.
13) Failed to correct any condition or
				occurrence relating to the operation, security, or maintenance of the facility
				that violates this Part.
14) Failed
				to maintain financial resources adequate to administer a Transitional Housing
				facility.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 800 - TRANSITIONAL HOUSING LICENSURE FOR SEX OFFENDERS ON PAROLE, PROBATION, OR SUPERVISION › Subpart A - LICENSING PROCEDURES › Section 800.160 - Complaints Concerning Licensees

Current through Register Vol. 48, No. 28, July 12, 2024
Complaints concerning Transitional Housing facilities shall
				  be directed orally or in writing to the Department's licensing representatives
				  serving the facility, if known, or to:
Illinois Department of Corrections
1301 Concordia Court
P. O. Box 19277
Springfield, Illinois 62794-9277
Attn: Sex Offender Transitional Housing Licensing
				  Administrator
(217) 522-2666
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 800 - TRANSITIONAL HOUSING LICENSURE FOR SEX OFFENDERS ON PAROLE, PROBATION, OR SUPERVISION › Subpart A - LICENSING PROCEDURES › Section 800.170 - Investigation of Potential Deficiencies or Violations Concerning Licensees

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
				shall initiate a timely investigation of allegations of potential deficiencies,
				violations, or evidence of grounds for revocation or termination.
b) Department investigations may include an
				interview with the person making the allegation, if known, and with others who
				may have knowledge relevant to the alleged violation or deficiency.
c) An unannounced visit by the licensing
				representative may be made to the location of the facility.
d) The facility's refusal to allow the
				licensing representative to conduct the investigation or failure to otherwise
				cooperate in the investigation is basis for revocation of the facility
				license.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 800 - TRANSITIONAL HOUSING LICENSURE FOR SEX OFFENDERS ON PAROLE, PROBATION, OR SUPERVISION › Subpart A - LICENSING PROCEDURES › Section 800.180 - Disposition of Potential Deficiencies or Violations Concerning Licensees

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within 15
				business days after completion of the investigation, the Department shall make
				a formal finding determining whether there were violations of licensing
				procedures or standards or federal, State, or local laws.
b) Within five calendar days after the
				Department makes a formal finding of violation, a letter shall be sent by
				registered mail, return receipt requested, to the licensee summarizing the
				findings.
c) The letter shall:
1) Cite the laws or licensing procedures or
				standards violated;
2) Notify the
				licensee that within ten days after the receipt of the letter the licensee may
				send a written request to the Licensing Administrator requesting an informal
				review of the decision; and
3)
				Notify the licensee that failure to correct the violations may result in
				revocation of the license or refusal to renew a license.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 800 - TRANSITIONAL HOUSING LICENSURE FOR SEX OFFENDERS ON PAROLE, PROBATION, OR SUPERVISION › Subpart A - LICENSING PROCEDURES › Section 800.190 - Closure Order

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Whenever the Department expressly finds that the continued operation of a
				Transitional Housing facility jeopardizes the health, safety, or welfare of the
				sex offenders served by the facility or that the facility is unable to maintain
				adequate security, the Department shall issue an order of closure directing
				that the operation of the facility as Transitional Housing for sex offenders
				terminate immediately and, if applicable, shall initiate license revocation
				proceedings within ten working days.
b) A facility closed under this Section may
				not operate as a Transitional Housing facility during the pendency of any
				judicial review of the decision by the Department to issue an order of closure
				or to revoke or refuse to renew the license, except under court order.
1) Those sex offenders on parole, probation,
				or supervision residing at the facility shall move out immediately to a
				residency approved by the supervision authority after any order of closure or
				revocation of or refusal to renew a license.
2) All sex offenders' records shall be
				released to the Licensing Administrator.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 800 - TRANSITIONAL HOUSING LICENSURE FOR SEX OFFENDERS ON PAROLE, PROBATION, OR SUPERVISION › Subpart A - LICENSING PROCEDURES › Section 800.200 - Procedure for Revocation or Refusal to Renew a License

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as otherwise provided in Section
				800.190, the
				Department shall notify the licensee by registered mail, return receipt
				requested, prior to revocation or refusal to renew a license.
1) The notice shall be sent to the address
				specified on the license or to the address of the ranking or presiding officer
				of the board of directors or any equivalent body operating the
				facility.
2) The notice shall
				inform the licensee that he or she may, within ten days after receipt of the
				notice through registered mail, make a request to the Department for a public
				hearing before the Department and for a written statement of the
				charges.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 800 - TRANSITIONAL HOUSING LICENSURE FOR SEX OFFENDERS ON PAROLE, PROBATION, OR SUPERVISION › Subpart A - LICENSING PROCEDURES › Section 800.210 - Licensing Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) At
				the date, time, and place designated, the Director, or an individual authorized
				in writing by the Director to function as the hearing officer, shall conduct a
				hearing regarding the revocation of a license or the refusal to renew a license
				to operate a Transitional Housing facility. The hearing shall be governed by
				the provisions contained in Article 10 of the Illinois Administrative Procedure
				Act [5 ILCS 100 /Art.10], unless otherwise provided in this Section.
b) Both the Department and the licensee, also
				referred to as parties, shall be allowed to present written and oral
				statements, testimony, and evidence that may be pertinent to the charges or to
				the defense. A person may appear and be heard on his or her own behalf or
				through an attorney at law authorized to practice in the State of
				Illinois.
c) An attorney appearing
				in a representative capacity shall file a written notice of appearance
				identifying him or herself by name, address, and telephone number and
				identifying the party represented.
d) Any pleadings, motions, affidavits in
				support of motions, and notices shall be served by the filing party upon all
				parties to the proceeding. Proof of service upon all parties shall be filed
				with the Department at the address listed in Section
				800.160.
1) Service shall be made by delivering in
				person or by depositing in the United States mail, properly addressed with
				postage prepaid, one copy to each party entitled to the material. When any
				party has appeared by attorney, service upon the attorney shall be deemed
				service upon the party.
2) Proof of
				service of any paper shall be by a certificate of attorney, affidavit, or
				acknowledgement.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 800 - TRANSITIONAL HOUSING LICENSURE FOR SEX OFFENDERS ON PAROLE, PROBATION, OR SUPERVISION › Subpart A - LICENSING PROCEDURES › Section 800.220 - Operation Without a License

Current through Register Vol. 48, No. 28, July 12, 2024
a) Whenever the Department determines that an
				unlicensed person or organization is engaging in housing that requires
				licensure pursuant to Section
				800.50 of this
				Part, it shall issue a notice to that person or organization to cease and
				desist from engaging in the activity. The notice shall specify the licensure
				requirement and shall include citation of relevant sections of the Illinois
				Administrative Procedure Act and this Part.
b) The Department's notice shall include the
				instruction that the recipient may submit written documentation to the
				Department within ten calendar days to support a claim that licensure is not
				required or that the recipient is properly authorized to engage in the rental
				activity.
c) After the expiration
				of the ten day period, if the Department believes that the person or
				organization is unlicensed and continuing to engage in activity that requires
				licensure under this Part, the Department shall refer the matter to the
				appropriate State's Attorney or to the Office of the Attorney
				General.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 800 - TRANSITIONAL HOUSING LICENSURE FOR SEX OFFENDERS ON PAROLE, PROBATION, OR SUPERVISION › Subpart B - OPERATING STANDARDS › Section 800.310 - Reports and Correspondence

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				As correspondence, treatment plans, efforts to relocate sex offenders to
				non-Transitional Housing, and other such information becomes available or
				changes, the authorized representative shall submit copies of this information
				to the Department.
b) Annual
				Reports
The authorized representative shall submit by November 1 of
				  each year to the Department an annual report that shall include, but not be
				  limited to:
1) Total number of sex
				offenders who have at any time resided in the Transitional Housing facility
				since January 1.
2) Current number
				of sex offenders in residency at the Transitional Housing facility and the
				offenses of those offenders.
3)
				Total number of sex offenders who exited Transitional Housing facility both
				through successful relocation and violations since January 1.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 800 - TRANSITIONAL HOUSING LICENSURE FOR SEX OFFENDERS ON PAROLE, PROBATION, OR SUPERVISION › Subpart B - OPERATING STANDARDS › Section 800.320 - Records of Sex Offenders

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				Transitional Housing facilities shall establish and maintain a file on a
				current basis for each sex offender resident.
1) The file shall include, at a minimum, the
				following applicable information: the sex offender's name, identification
				number, age, gender, and race or nationality; date of admission to the
				Transitional Housing facility; risk assessment; treatment and transition plans;
				treatment attendance; program agreements; releases of information documents;
				progress reports; reports of program violations; referrals to other agencies,
				therapists or counselors; record of visitors; date of release from the
				transition center, address of relocation residence; total number of days in the
				Transitional Housing facility; and related correspondence.
2) File entries shall be dated and the source
				of the information and the author of the entry shall be identified.
3) Files are confidential and shall be
				safeguarded from unauthorized and improper access, disclosure, and loss.
A) Files shall be marked
				"confidential".
B) Access to
				computerized records shall be controlled and restricted on a need-to-know
				basis. Security measures shall be taken to ensure the integrity and
				confidentiality of any computer record.
4) Whenever a sex offender moves out of the
				facility, his or her file shall be transferred to the Department. The facility
				shall retain a copy of some or all of the contents of the file for its records,
				as needed, for up to five years.
5)
				The Department shall have access to files upon request.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 800 - TRANSITIONAL HOUSING LICENSURE FOR SEX OFFENDERS ON PAROLE, PROBATION, OR SUPERVISION › Subpart B - OPERATING STANDARDS › Section 800.330 - Security Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				licensed Transitional Housing facilities shall maintain a security manual that
				contains policies and procedures related to the following and is consistent
				with provisions of this Section. At a minimum the security manual procedures
				shall include: counts, sex offender residents' outside movement,
				transportation, contraband control, facility inspection, sex offender and
				visitor searches, emergency plans, use of force, control of caustics,
				flammable, and toxic materials, facility program schedule, residential rules,
				mail, visits, use and storage of security equipment, crisis instructions and
				suicide prevention, investigations, reporting of unusual incidents, and
				relationship to local law enforcement.
b) All licensed Transitional Housing
				facilities shall designate a point of issue for facility keys and security
				equipment, the point of control of the fire alarm system, staff, sex offender,
				and visitor sign-ins, and a place for mail.
c) All licensed Transitional Housing
				facilities shall prohibit sex offender residents from congregating or loitering
				on the sidewalk or area immediately outside the facility
d) All licensed Transitional Housing
				facilities shall conduct a security inspection of areas and security devices
				each week.
1) The facility shall submit a
				written report of the shift and weekly inspections to the authorized
				representative.
2) The inspections
				shall be reported on forms that contain, but are not limited to:
A) A list of all items or areas to be
				inspected and an indication that each item or area was inspected;
B) Any deficiency detected;
C) The name of the staff conducting the
				inspection;
D) Whether the
				inspection is a shift or weekly inspection; and
E) The date and time of the
				inspection.
3) Areas or
				items to be inspected shall include, but not be limited to:
A) Living and activity areas;
B) Outdoor areas of the facility;
C) Fences and all perimeter areas;
D) Windows and screens;
E) Grills;
F) Doors and locks; and
G) Video systems, if any.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 800 - TRANSITIONAL HOUSING LICENSURE FOR SEX OFFENDERS ON PAROLE, PROBATION, OR SUPERVISION › Subpart B - OPERATING STANDARDS › Section 800.340 - Searches

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
				and parole, probation, and other officers or agents responsible for the
				supervision of the sex offenders residing in a licensed Transitional Housing
				facility shall be provided access on the premises at any time to perform
				searches of the sex offenders' living area and common areas.
b) All licensed Transitional Housing
				facilities shall make available access keys to sex offender rooms and other
				belongings for the purpose of searching the sex offenders' living area and
				belongings when a sex offender is not present or is unwilling to cooperate in
				the search.
c) All licensed
				Transitional Housing facilities shall post or give prior notice to visitors
				that visitors and their possessions shall be subject to search upon entry to
				the facility.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 800 - TRANSITIONAL HOUSING LICENSURE FOR SEX OFFENDERS ON PAROLE, PROBATION, OR SUPERVISION › Subpart B - OPERATING STANDARDS › Section 800.350 - Safety and Emergency Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) Fire Safety
1) All licensed Transitional Housing
				facilities shall establish a written fire prevention plan, including at a
				minimum:
A) Provision for an adequate fire
				protection service;
B) A system of
				fire extinguisher inspection and testing of equipment at least quarterly or at
				intervals approved by the State Fire Marshal;
C) An annual inspection by the State Fire
				Marshal;
D) Availability of fire
				protection equipment at appropriate locations throughout the facility;
				and
E) Monthly
				inspection.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1200 - GENERAL HEARING PROCEDURES › Section 1200.10 - Introduction

Current through Register Vol. 48, No. 28, July 12, 2024
The general hearing procedures provide direction for the
				conduct of review relating to contested case hearings and other contested
				issues in which the Department may be involved and for which the Department has
				not adopted more particularized rules. This Part is not intended to and does
				not create or expand any person's or entity's due process rights that do not
				otherwise exist.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1200 - GENERAL HEARING PROCEDURES › Section 1200.30 - Review Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
			 individual who contests a Department action, or contemplated action, for which
			 there is a right to appeal may petition for relief by providing written notice
			 of this intention to the Department.
b) Upon receiving a petition for relief, the
			 Department shall investigate the circumstances surrounding the action; and if
			 the Director is satisfied that substantial justice has not been done, the
			 Director may grant relief. In the event the Director desires additional
			 information concerning the circumstances of the action, the Director may
			 schedule a fact-finding conference with the petitioner or otherwise further
			 investigate.
c) At a fact-finding
			 conference, the petitioner may be represented by counsel or any other person
			 and may present any evidence or information relating to the Department's
			 action.
d) The Director may provide
			 relief as a result of a fact-finding conference or as the result of further
			 investigation.
e) If the Director
			 does not provide relief as a result of the investigation or a fact-finding
			 conference, the petitioner may petition for a hearing.
f) The administrative law judge for contested
			 hearings shall be the Director or an attorney licensed to practice law in
			 Illinois appointed by the Director. The administrative law judge may be
			 disqualified for bias or conflict of interest.
g) The procedures for the hearing shall be as
			 described in Article 10 of the Illinois Administrative Procedure Act [5 ILCS
			 100 /Art. 10] and as ordered by the administrative law judge.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1205 - EXPUNGEMENT PROCEDURES › Section 1205.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to provide requirements and
				procedures for court ordered expungements received by the Illinois Department
				of State Police, Bureau of Identification.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1205 - EXPUNGEMENT PROCEDURES › Section 1205.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Department" means the Illinois Department of State
				Police.
"Expungement" means to physically destroy the records or return
				them to the petitioner and to obliterate the petitioner's name from any
				official index or public record, or both, maintained by the
				Department.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1205 - EXPUNGEMENT PROCEDURES › Section 1205.30 - Expungement Order Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) All expungement court orders must contain
			 either the original signature of the issuing judge or the seal and
			 certification of the circuit court clerk.
b) The expungement court orders must contain
			 sufficient information to identify the person whose record is to be expunged.
			 Identification of the subject shall include at least one of the following:
1) Name, Sex, Race, and Date of
			 Birth;
2) State Identification
			 Number (SID);
3) Federal Bureau of
			 Investigation (FBI) Number; or
4)
			 Chicago Identification Record (IR) Number.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1205 - EXPUNGEMENT PROCEDURES › Section 1205.40 - Fees

Current through Register Vol. 48, No. 28, July 12, 2024
The fee shall be set by the Director of the Department and
				shall be equivalent to the cost of processing the court order to expunge or
				seal the record. The fee shall not exceed the general costs for processing
				these requests. The general costs shall include, but are not limited to,
				personnel, supervision and training, telephone, electric, equipment, printing,
				postage, facilities, forms, and miscellaneous related costs. Fees must be in
				the form of a cashier's check or money order payable to the Illinois State
				Police .
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1205 - EXPUNGEMENT PROCEDURES › Section 1205.50 - Processing of Expungement Orders

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall identify the subject and the arrest to be
				expunged based upon the information provided pursuant to Section
				1205.30.
				Records to be expunged pursuant to court order will be destroyed. In the event
				the Department is unable to identify the arrest to be expunged, the Department
				shall so notify the person seeking the expungement. In the event the Department
				decides to file a motion to vacate, modify or reconsider the court order, the
				Department will so notify the person seeking the expungement.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1210 - INDIVIDUAL'S RIGHT TO ACCESS AND REVIEW CRIMINAL HISTORY RECORD INFORMATION › Section 1210.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Criminal History Record Information" means data identifiable
				to an individual and consisting of descriptions or notations of arrests,
				detentions, indictments, information, pretrial proceedings, trials, or other
				formal events in the criminal justice system or descriptions or notations of
				criminal charges (including criminal violations of local municipal ordinances)
				and the nature of any disposition arising therefrom, including sentencing,
				court of correctional supervision, rehabilitation and release.
"Criminal History Transcript" means a printed record of
				criminal history record information maintained by the Department with respect
				to a particular individual.
"Department" means the Illinois Department of State
				Police.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1210 - INDIVIDUAL'S RIGHT TO ACCESS AND REVIEW CRIMINAL HISTORY RECORD INFORMATION › Section 1210.20 - Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any individual
			 may approach any Illinois law enforcement or correctional facility, licensed
			 fingerprint vendor, or licensed fingerprint vendor agency during regular
			 business hours for the purpose of obtaining the individual's criminal history
			 transcript.
b) In response to a
			 request for a criminal history transcript, the facility, vendor or vendor
			 agency shall obtain fingerprints from the individual and other identification
			 information.
c) Within 5 days after
			 the request, the facility, vendor or vendor agency shall forward to the
			 Department the fingerprints and identifying information.
d) Within 7 days after receiving the
			 fingerprints and identifying information that meet Departmental submission
			 standards via electronic submission or 45 days after receiving the fingerprints
			 and identifying information that meet Departmental submission standards via
			 fingerprint card, the Department shall send the individual's criminal history
			 transcript or, if no criminal history is found, a written statement so stating
			 to the address provided by the individual or to the law enforcement or
			 correctional facility pursuant to subsection (e).
e) The individual may list the address of the
			 law enforcement or correctional facility or his/her place of residence as the
			 address where the criminal history transcript or written statement that no
			 criminal history was found should be mailed. If mailed or transmitted to the
			 facility, the individual shall be notified, within 2 days after the receipt of
			 the criminal history transcript or statement, that no criminal history was
			 found and shall release the document only to the individual. If the document is
			 not retrieved within 45 days after notification to the individual, the facility
			 shall destroy the criminal history transcript or statement that no criminal
			 record was found.
f) This Section
			 will generally become effective for individuals on July 15, 2015. By that time,
			 the corresponding technological changes will have been implemented. However,
			 effective immediately, an individual who initiates the access and review
			 process under this Part by making the request at a law enforcement or
			 correctional facility shall be entitled to obtain a copy of the transcript from
			 that facility under subsection (e).
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1210 - INDIVIDUAL'S RIGHT TO ACCESS AND REVIEW CRIMINAL HISTORY RECORD INFORMATION › Section 1210.30 - Fee

Current through Register Vol. 48, No. 28, July 12, 2024
The facility, licensed fingerprint vendor, or licensed
				fingerprint vendor agency of which the request is made may charge a fee of up
				to the actual cost of processing the request. This fee may be
				waived.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1210 - INDIVIDUAL'S RIGHT TO ACCESS AND REVIEW CRIMINAL HISTORY RECORD INFORMATION › Section 1210.40 - Challenges

Current through Register Vol. 48, No. 28, July 12, 2024
a) An individual
			 who believes his or her criminal history transcript is inaccurate may request a
			 correction by submitting a written explanation to the Department.
b) In the event the Department's response is
			 not satisfactory to the individual, the individual may further pursue the
			 matter using the administrative appeal procedures established by the Illinois
			 Criminal Justice Information Authority (see 20 Ill. Adm. Code 1510).
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1215 - ILLINOIS UNIFORM CONVICTION INFORMATION ACT › Subpart A - PROMULGATION › Section 1215.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to provide requirements and
				  procedures for uniform public access to conviction records.