Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart I - REIMBURSEMENTS › Appendix A - Rule Violations

Current through Register Vol. 48, No. 28, July 12, 2024
Willfully disobeying any rule of the facility is prohibited.
				  Rule violations that do not affect the safety or security of the facility may
				  be deemed minor rule violations and may be addressed by the Program Unit
				  Hearing Officer. Conversely, rule violations that impact the safety and
				  security of the facility are deemed major rule violations and require an
				  appearance before the Behavior Committee to determine the appropriate
				  behavioral intervention.
Aiding and abetting any person in the commission of any of
				  these rule violations; attempting to commit any of these rule violations;
				  soliciting another to commit any of these rule violations; or conspiring to
				  commit any of these rule violations, shall be considered the same as the
				  commission of the rule violation itself.
MAJOR RULE VIOLATIONS
ARSON
Setting fire anywhere outside or inside the facility, the
				  grounds or State vehicles is not allowed.
BATTERY TO ANY PERSON
Causing a person or an object to come into contact with
				  another person in an offensive, provocative or injurious manner, or fighting
				  with a weapon is not allowed.
BRIBERY & EXTORTION
Asking for or receiving anything of value in exchange for
				  protection, to avoid harm or injury, or through coercion is not allowed. Giving
				  or receiving money or anything of value may additionally be deemed trading and
				  trafficking.
CELL PHONE OR COMPUTER/INTERNET USAGE
Receiving, possessing or using a cell phone or internet
				  capable device (this also includes wireless connections such as data, Bluetooth
				  or WIFI) or a similar technology medium is not allowed. In addition, e-mail and
				  social networking is not allowed. Homemade computers are not allowed. Residents
				  are not allowed to create, make, assemble or build a computer or similar device
				  or maintain any device capable of storing electronic data or images.
COMMUNICATION, MISUSE OR POSSESSION OF STAFF PERSONAL
				  INFORMATION OR ITEMS
Seeking or giving out any personal information to another
				  resident, staff member or visitor about a staff member (former or current) of
				  the TDF is not allowed. This includes talking or writing anything of a personal
				  nature about a staff member.
CONCEALMENT OR MISREPRESENTATION OF IDENTITY
Wearing a disguise or a mask, impersonating another, or
				  otherwise concealing one's identity is not allowed. This includes residents
				  refusing to identify themselves with their ID, when requested by an employee,
				  or wearing a hat or wig, make-up or sunglasses inside the facility without
				  authorization.
DAMAGE OR MISUSE OF PROPERTY
Destroying, damaging, defacing, removing, altering, tampering
				  with, or otherwise misusing State property, the property of another person, or
				  the resident's own property, including the obstruction of locks or security
				  devices, is not allowed.
DANGEROUS CONTRABAND
Possessing, manufacturing, introducing, selling, supplying to
				  others, or using without authorization any explosive, acid, caustic material
				  for incendiary devices, ammunition, dangerous chemical, escape material, knife,
				  sharpened instrument, gun, firearm, razor, glass, bludgeon, brass knuckles, any
				  other dangerous or deadly weapon or substance of like character, or any object
				  that is made to appear to be a deadly or dangerous weapon or substance is not
				  allowed.
DANGEROUS DISTURBANCES
Causing, directing or participating in any action, either
				  within the facility or in the community, that may seriously disrupt facility
				  operations or threaten the health or safety of any persons or the condition of
				  property is not allowed. This includes the taking or holding of hostages by
				  force or threat of force.
DISOBEYING A DIRECT ORDER (MAY ALSO BE A MINOR
				  VIOLATION)
Willfully refusing to comply with an order, including the
				  refusal to participate in testing for drug abuse required under Section 45 of
				  the Act, is not allowed.
DRUGS AND DRUG PARAPHERNALIA
Possessing, manufacturing, introducing, selling, giving to
				  others, or receiving alcohol, any intoxicant, inhalant, narcotic, syringe,
				  needle, controlled substance or marijuana, or being under the influence of any
				  of these substances is not allowed. This violation includes medication misuse,
				  e.g., the possession or use of unauthorized amounts of prescribed medication
				  and selling, supplying, or receiving prescribed medication to/from
				  others.
ESCAPE
Leaving or failing to return to lawful custody of the
				  facility without authorization is not allowed.
FIGHTING
Unauthorized fighting with another consenting person, which
				  is not likely to cause serious bodily injury to one or the other, and that does
				  not involve the use of a weapon, is not allowed.
FORGERY
Forging, counterfeiting or reproducing any signature,
				  document, article of identification, money, security or official paper without
				  authorization is not allowed.
HEALTH, SMOKING OR SAFETY VIOLATIONS
Smoking and chewing tobacco of any kind are not allowed in
				  the facility. All eating, living and work areas are to be kept clean and free
				  of items or trash. Tattooing or body piercing is not allowed.
INTERFERING WITH FACILITY OPERATIONS
Behavior that interferes with the smooth and orderly
				  operation of the facility is not allowed. This includes movement to or from the
				  living unit, movement during med line and count, escorted movement, or when a
				  resident is asked to be secured in his/her room, etc. This also includes
				  refusing to accept a room assignment and refusing to follow any drills and/or
				  emergency procedures.
INTIMIDATION OR THREATS
Expressing, by words, actions or other behavior, an intent to
				  injure any person that creates the reasonable belief that physical, monetary or
				  economic harm to that person or to another will result is not allowed.
PETITIONS AND BUSINESS VENTURES
Writing, signing or circulating a petition without
				  authorization is not allowed. Engaging in a business venture without express
				  authorization from the Program Director is not allowed.
POSSESSION OF MONEY OR CASH EQUIVALENTS
Possessing or causing to be brought into the facility, United
				  States currency/coins or other negotiable instruments is not allowed. This
				  includes credit cards, debit cards, gift cards, money orders, cash, etc.
PROVIDING FALSE INFORMATION TO STAFF
Giving false information, directly or indirectly, in the
				  course of an investigation that would mislead an employee is not
				  allowed.
SEXUAL MISCONDUCT AND SEXUAL CONTACT
Residents are
not
allowed to have
				  sexual activity or sexual contact or ask for sexual activity with other persons
				  in the facility. Self-gratifying sexual behavior, such as masturbation, can
only
occur in the privacy and confines of a resident's
				  own room
and
cannot be done within view of employees
				  or other residents, including the resident's roommate. Touching anyone's
				  genital area over or under the clothing, kissing, hugging, patting, fondling of
				  any sort, including sexual activity, is not allowed. Being in the shower with
				  another resident is
not
allowed. Sexual talk, sexual
				  horseplay, sexual language and comments that are offensive are
not
allowed.
STAFF MANIPULATION OR SPLITTING
Attempting to bribe, convince, trick, sway or talk an
				  employee into going against the facility or living unit rules, or the policies
				  and procedures set forth in the Resident Handbook, is
not
allowed. Going from one employee to another in
				  order to split staff or in order to "shop around" for an answer the resident
				  likes, is
not
allowed.
STALKING
Willful and repeated following, watching, calling and/or
				  harassing of another resident or employee is not allowed.
STEALING - MAJOR
Taking any items from the facility, another resident or
				  employee without authorization is not allowed. Stealing that threatens the
				  safety or security of the facility is a major rule violation.
TRADING AND TRAFFICKING - MAJOR
The exchange (giving, accepting, loaning or borrowing) of any
				  item, personal items or services is
not
allowed.
				  Residents may
not
trade or traffic with any employee,
				  visitor or other resident. Trading or trafficking that threatens the safety or
				  security of the facility is a major rule violation.
TRANSFER OF FUNDS
Causing money to be moved from one resident's trust fund
				  account to another resident's account, or having someone outside of the
				  facility place money in the account of another resident, is not allowed.
UNAUTHORIZED COMMUNICATION
Communicating, without prior authorization, or engaging in
				  unwelcome communication (e.g., by mail, telephone, or through other persons)
				  with any victim or the family of any victim of sexual violence is not allowed.
				  Unapproved or unwanted communication with any employee or the family of an
				  employee, or any person who has requested no further communication must be
				  respected at all times. Sending unauthorized requests or correspondence is
not
allowed; this includes repeated and/or excessive
				  written requests or correspondence. In addition, written material containing
				  sexual language is
not
allowed.
UNAUTHORIZED MOVEMENT - MAJOR
Unauthorized movement is being anywhere that is not allowed
				  or being absent from where the resident is supposed to be. Unauthorized
				  movement that threatens the safety or security of the facility is a major rule
				  violation.
UNAUTHORIZED ORGANIZATIONAL ACTIVITY
Engaging or coercing others to engage in unauthorized
				  organizational activities or meetings; displaying, wearing, possessing or using
				  unauthorized organizational insignia or materials; or giving unauthorized
				  organizational signs is not allowed.
UNAUTHORIZED PROPERTY
Possessing, giving, loaning, receiving or using property that
				  a resident has no authorization to have or to receive and that was not issued
				  to him/her through regular procedures, including the unauthorized possession of
				  food or clothing, or the possession of property in excess of that authorized by
				  the facility, is not allowed.
VIOLATING STATE OR FEDERAL LAWS
Committing any act that would constitute a violation of State
				  or federal law is not allowed.
VIOLATION OF RULE - MAJOR
Any other behavior or activity that, in the opinion of the
				  Program Director, Security Director, or Treatment Team, poses a therapeutic,
				  fire, health and/or safety risk is a major rule violation.
MINOR RULE VIOLATIONS
ABUSE OF PRIVILEGES
Violating any rule that governs the use of privileges at the
				  facility is not allowed. This includes, but is not limited to, visits, yard,
				  commissary, telephone, recreational activities, and use of State
				  computers.
CONFERENCE CALLS/3-WAY CALLS
Unauthorized participation in a conference call or 3-way call
				  is not allowed.
CURSING AND YELLING
Swearing, shouting, yelling, cursing, threatening, or saying
				  anything aggressive or offensive to residents or employees is not
				  allowed.
DISPLAYING OR PRACTICING MARTIAL ARTS
Displaying, instructing, or practicing martial arts, such as
				  karate, tae kwon do, kickboxing, jiu jitsu, judo, etc., is not allowed.
FAILURE TO MAINTAIN APPROPRIATE PERSONAL HYGIENE
Residents must always keep themselves clean and groomed.
				  Residents must make sure their clothing and bedding is washed on a regular
				  basis.
FAILURE TO NOTIFY STAFF
Concealing or failing to let an employee know of any rule
				  violation by another resident is a violation of facility rules.
FAILURE TO REPORT
Failure to report for a scheduled group or Program assignment
				  without good cause is not allowed.
GAMBLING
Gambling of any kind is not allowed.
HORSEPLAY
Rowdy, loud or rough play, wrestling, or physical contact is
				  not allowed.
INSOLENCE
Communicating, touching, gesturing or other behavior that
				  harasses, annoys or shows disrespect to any person is not allowed. This
				  includes referring to employees by their first names.
LOITERING
Loitering (to stand idle or linger) is not allowed. Hiding or
				  standing out of staff's view in order to read or hear what an employee is
				  writing or saying is considered loitering.
POSSESSION OF CONTRABAND - MINOR
Possession of contraband is not allowed. Possession of
				  contraband is considered a minor violation if it involves personal property
				  that does not threaten the safety or security of the facility.
ROOM VISITING
Standing, sitting, lying down, etc., outside another
				  resident's door in order to talk or visit is not allowed.
STEALING - MINOR
Taking any items from the facility, another resident or an
				  employee without authorization is not allowed. To be considered a minor
				  violation, the property must not pose a risk to the safety or security of the
				  facility.
TRADING AND TRAFFICKING - MINOR
The exchange (giving, accepting, loaning or borrowing) of any
				  item, personal items, or services is
not
allowed. A
				  resident may
not
trade or traffic with any employee,
				  visitor or other resident. To be considered a minor violation, the property
				  must not pose a risk to the safety or security of the facility.
UNAUTHORIZED MOVEMENT - MINOR
Unauthorized movement is being anywhere that is
not
allowed or being absent from where a resident is
				  supposed to be. Unauthorized movement that does not threaten the safety or
				  security of the facility is a minor rule violation.
VIOLATION OF RULES - MINOR
Willfully disobeying any rule of the facility is prohibited.
				  Any other behavior or activity that, in the opinion of the Program Director,
				  Security Director, or Treatment Team, does not pose a therapeutic, fire, health
				  and/or safety risk is a minor rule violation.