reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart A - GENERAL PROVISIONS › Section 299.130 - Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) Required
				Admission Documents -
1) When a resident is
				delivered to the custody of the Department, the following documents shall be
				requested:
A) Of the court:
i) A copy of the detention order or the court
				order finding probable cause which orders the person evaluated in a detention
				facility or the court order that commits the person to the custody of the
				Department.
ii) A copy of the
				petition.
iii) All additional
				matters that the court directs the clerk to transmit.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart B - DETENTION AND EVALUATION › Section 299.200 - Detention Facility

Current through Register Vol. 48, No. 28, July 12, 2024
The Department may utilize a secure residential facility as a
				  detention facility.
a) The Department
				also approves all Department of Corrections and Department of Juvenile Justice
				facilities for the detainment of residents until they complete any term of
				imprisonment imposed for a criminal conviction or finding of delinquency that
				may run parallel to either an order for detention under Section 30 of the Act
				or an order of commitment under Section 40 of the Act. While in the Department
				of Corrections or the Department of Juvenile Justice, the Department with
				custody shall be responsible for the control, care and custody of the
				resident.
b) The Department also
				approves the use of a county jail as a detention facility when there is a
				written agreement between the Department and the county sheriff authorizing
				that usage. Any written agreement shall outline responsibilities assigned to
				both parties. The Department shall determine which detention facilities it will
				use based upon geographic area, space availability, willingness of the local
				officials to participate, and adequacy of the facility to meet the needs of the
				detained person.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart B - DETENTION AND EVALUATION › Section 299.210 - Temporary Detention by Court Order

Current through Register Vol. 48, No. 28, July 12, 2024
During the course of a trial, or when the detained person or
				  committed person is ordered by the court to be present, the county jail or
				  federal detention facility is approved for use as a temporary detention site.
				  While the detained person is in the county jail or detention facility, the jail
				  or detention facility is responsible for the control, care and custody of the
				  resident.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart B - DETENTION AND EVALUATION › Section 299.230 - Evaluation

Current through Register Vol. 48, No. 28, July 12, 2024
An evaluation shall be conducted pursuant to Section 30 of
				  the Act for the purpose of determining whether a detained person meets the
				  criteria for commitment as a sexually violent person under the Act. The
				  evaluation shall comply with 20 Ill. Adm. Code 1905.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart C - SECURE RESIDENTIAL › Section 299.300 - Secure Residential Facility

Current through Register Vol. 48, No. 28, July 12, 2024
The secure residential facility shall be operated by the
				  Department. Standards for living conditions shall include the following
				  provisions:
a) All double-room
				assignments shall be screened for appropriateness based on safety, security and
				treatment considerations.
b)
				Minimally, each resident room shall be furnished with:
1) A bed securely fastened to the wall and/or
				floor, with the exception being a medical type bed;
2) Clean bedding, including a mattress,
				blanket, sheets, pillow and pillow case;
3) A wash basin with running water and
				flushable toilet facilities (controls may be located outside the room);
				and
4) Adequate lighting for
				reading and observation purposes.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart C - SECURE RESIDENTIAL › Section 299.310 - Treatment

Current through Register Vol. 48, No. 28, July 12, 2024
a) A resident shall
				be provided with adequate and humane care and treatment services pursuant to an
				ITP, which shall be formulated and periodically reviewed by the treatment team
				with the participation of the resident to the extent feasible and, when
				appropriate, the resident's guardian. A licensed sex-offender treatment
				provider shall be responsible for overseeing the implementation of the
				plan.
b) Although all treatment
				offerings require informed consent, residents are encouraged to attend
				scheduled individual and group therapy sessions, objective sexual assessment
				appointments, and other programming as set forth in the ITP.
c) If the ITP includes the administration of
				medication, a medical professional may advise the resident, in writing, of the
				side effects of the medication to the extent the advice is consistent with the
				nature and frequency of the side effects and the resident's ability to
				understand the information communicated.
d) Care and treatment shall include the
				regular use of sign language for any hearing-impaired resident for whom sign
				language is a primary mode of communication and an interpreter for residents
				who do not understand English.
e)
				If the resident refuses to consent to treatment, withdraws from treatment, or
				demonstrates disinterest in treatment or a lack of progress in treatment, the
				treatment team may revise the ITP as necessary to encourage and improve the
				resident's participation in treatment.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart C - SECURE RESIDENTIAL › Section 299.320 - Periodic Re-evaluation

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department shall conduct an evaluation of a committed person not less than once
				each 12 months for the purpose of determining whether the person may be
				conditionally released or the person's condition has changed, since the most
				recent periodic re-examination, to the extent that he/she is no longer a
				sexually violent person.
b) Any
				evaluator conducting an evaluation under this Section or Section 55 of the Act
				shall prepare a written report of the evaluation no later than 30 days after
				the date of the evaluation. The evaluator shall:
1) send a copy to the DHS - Health
				Information Department, which will place a copy of the report in the person's
				clinical file; and
2) provide a
				copy of the report to the Office of Attorney General or other prosecutorial
				agency for filing with the court that committed the person.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart C - SECURE RESIDENTIAL › Section 299.340 - Medical Care

Current through Register Vol. 48, No. 28, July 12, 2024
a) Emergency
				medical care shall be available to residents 24 hours per day, seven days per
				week.
b) Residents shall be
				informed of the facility procedures for obtaining medical or dental
				services.
c) Persons housed at a
				secure residential facility shall be provided all necessary medical and dental
				treatment, with the consent of the parent or guardian where applicable, as
				prescribed by a facility physician or dentist.
d) A resident who has, or is suspected of
				having, a communicable disease may be isolated from other residents. This
				determination shall be made by a physician or medical professional on the basis
				of medical necessity.
e) In case of
				critical illness or major surgery, the Program Director shall attempt to notify
				the person designated by the resident to be contacted in case of an emergency
				and, when applicable, the parent or guardian.
f) A record of all medical and dental
				examinations, findings and treatment shall be maintained in the resident's
				medical file.
g) Administration of
				Psychotropic Medication
1) Psychotropic
				medication shall not be administered to any resident without the informed
				consent of the resident or guardian unless:
A)
				A psychiatrist or, in the absence of a psychiatrist, a physician has determined
				that:
i) the resident suffers from a serious
				mental illness or mental disorder;
ii) the administration of psychotropic
				medication is in the immediate medical interest of the resident; and
iii) the resident is either gravely disabled
				or poses an immediate threat of harm to self or others; or
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart C - SECURE RESIDENTIAL › Section 299.345 - Emergency Mental Health Care

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Residents in Need of Emergency Mental Health Care
1) When medical, treatment or security staff
				believe a resident is in need of emergency mental health care to prevent self
				injury, the AOD shall be notified.
2) The AOD shall immediately initiate
				placement of that resident into Mental Health Status 1 and provide continuous
				observation of the resident.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart C - SECURE RESIDENTIAL › Section 299.350 - Security

Current through Register Vol. 48, No. 28, July 12, 2024
a) Use of Force
1) Force shall be employed only as a last
				resort or when other means are unavailable or inadequate, and only to the
				degree reasonably necessary to achieve a permitted purpose. Department staff
				shall not employ deadly force.
2)
				Use of force shall be terminated as soon as force is no longer
				necessary.
3) Medical screening
				and/or care shall be conducted following any use of force that results in
				bodily injury.
4) Any form of
				punishment is prohibited.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart D - CONDITIONAL RELEASE › Section 299.400 - Conditional Release Plans

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Following notification by the court that a committed person is appropriate for
				conditional release, the Department shall prepare a plan that identifies the
				treatment and services that the person will receive in the community. The plan
				shall address the person's need, if any, for sex offender treatment, ancillary
				services, monitoring, supervision, surveillance, counseling, medication,
				community support services, residential services, vocational services,
				polygraph services, and alcohol or other drug screening. The Department may
				contract with a county health department, with another public agency and/or
				with a private agency to provide the treatment and services identified in the
				plan. The plan shall specify who will be responsible for providing the
				treatment and services identified in the plan.
b) All sex offender specific treatment
				provided to a sexually violent person while on conditional release shall be
				conducted in conformance with standards developed under the Sex Offender
				Management Board Act [20 ILCS 4026] by a provider licensed under the Provider
				Act.
c) For a committed person who
				is to be conditionally released under an initial commitment order or following
				an order for commitment to a secure facility, the plan shall be presented to
				the court for its approval within 60 days after the court finding that the
				person is appropriate for conditional release, unless the Department and the
				person to be released request additional time to develop the plan.
d) All plans for conditional release shall,
				at a minimum, contain those conditions set forth in Section 40(b)(5) of the
				Act. In addition, no person being supervised on conditional release shall
				reside at the same street address as another sex offender being supervised
				under the Act or on mandatory supervised release, parole, aftercare release,
				probation or any other manner of court supervision, except supervision for an
				offense listed in the Illinois Vehicle Code.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart D - CONDITIONAL RELEASE › Section 299.410 - Conditional Release

Current through Register Vol. 48, No. 28, July 12, 2024
An order for conditional release places the committed person
				  in the custody and control of the Department, and the person is subject to the
				  conditions set by the court and the rules of the Department. Upon the
				  recommendation of the resident's evaluator or the facility's Clinical Director,
				  the Program Director may file a petition for conditional release on behalf of
				  the resident. The recommendation may be based upon changes in the mental and/or
				  physical condition of the resident, including, but not limited to, changes in
				  the health needs of the resident. Regardless of such recommendation and/or
				  filing, the Department shall, at all times, follow the court's orders regarding
				  the need for secure care.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart D - CONDITIONAL RELEASE › Section 299.420 - Community Monitoring

Current through Register Vol. 48, No. 28, July 12, 2024
The Department may contract with or utilize the services of
				  county, municipality and/or other public or private entities to provide
				  surveillance, monitoring, polygraph, drug and alcohol screening, and other
				  related services to a person ordered to a plan of conditional
				  release.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart D - CONDITIONAL RELEASE › Section 299.430 - Revocation

Current through Register Vol. 48, No. 28, July 12, 2024
a) In addition to
				the methods of revocation outlined in Section 40 of the Act, if the Program
				Director determines that a released person has violated any condition or rule,
				and/or that the safety of others requires that conditional release be
				immediately suspended, he/she may be taken into custody and transported to a
				secure facility pending judicial review.
b) Within 48 hours after returning a person
				ordered to conditional release to a secure facility, the Program Director shall
				prepare a statement showing probable cause for the detention to the Attorney
				General or State's Attorney with a request that he/she immediately file a
				petition to revoke the order for conditional release with the committing
				court.
c) Pending the revocation
				hearing under Section 40(b)(4) of the Act, a person ordered to a plan of
				conditional release may be detained in a jail, hospital or facility.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart E - NOTIFICATION OF VICTIMS › Section 299.500 - Notification of Victims

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the
				court places a committed person on conditional release under Section 40 or 60
				of the Act, or discharges a person under Section 65 of the Act, upon any other
				court-ordered change in custody status, upon the escape of a resident, upon an
				inability to locate a person on a plan of conditional release, or upon the
				death of any detained or committed person, the Department shall notify all of
				the following who have requested notification under the Act or under the Rights
				of Crime Victims and Witnesses Act:
1) The
				victim of the act of sexual violence.
2) An adult member of the victim's family, if
				the victim died as a result of the act of sexual violence.
3) The victim's parent or legal guardian, if
				the victim is younger than 18 years.
4) The Department of Corrections (DOC) or the
				Department of Juvenile Justice (DJJ) as appropriate.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart F - RESIDENT BEHAVIOR MANAGEMENT SYSTEM › Section 299.600 - Resident Behavior Management System

Current through Register Vol. 48, No. 28, July 12, 2024
The Resident Behavior Management System is a milieu treatment
				  program designed to promote a safe and secure environment for treatment, as
				  well as to preserve facility safety and security. Abiding by this Part and the
				  requirements of the living unit and participating in treatment may be
				  encouraged through the use of positive incentives (e.g., increased level of
				  privileges, special activities, etc.). Behavior that violates this Part or the
				  rules of the Program or the living unit shall be discouraged through the
				  withdrawal of positive incentives (e.g., restrictions of privileges and
				  liberties) and redirection to appropriate activities. As determined by the
				  Program Director, the Program may establish differing management levels (e.g.,
				  Admission Status, Close Status, Special Management Status, Intermediate C, B
				  and A Status) to provide a greater degree of individualization in the Resident
				  Behavior Management System.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart F - RESIDENT BEHAVIOR MANAGEMENT SYSTEM › Section 299.610 - Violations of Criminal Law

Current through Register Vol. 48, No. 28, July 12, 2024
When reasonable grounds exist to suspect that a resident has
				  committed a violation of criminal law, that violation shall be reported to the
				  State's Attorney of the county in which the incident occurred or to the
				  appropriate law enforcement agency official. The referral is independent of any
				  action under the Resident Behavior Management System.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart F - RESIDENT BEHAVIOR MANAGEMENT SYSTEM › Section 299.620 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) Program and
				living unit rules are to promote a safe and secure environment for treatment,
				as well as to preserve facility safety and security. All residents are expected
				to comply with the Program and living unit rules, as well as all staff orders.
				In a situation in which one or more residents are not following staff orders,
				staff will implement security measures to ensure facility safety and security
				(e.g., staff may direct all residents to their rooms).
b) All residents will be given adequate
				notice of the Program rules and living unit rules either directly by staff or
				presumptively by publication of this Part, provision of a handbook, or posted
				notice in the living units. Residents shall be informed of the rules upon
				admission. The location specific Program and living unit rules shall be either
				printed in the handbook or posted on the living units. Changes in rules that do
				not appear in the handbook shall be posted in the living units. Only those
				rules of which the residents have received notice may be enforced.
c) Rules apply equally to all residents in
				similar circumstances. Differences in circumstances are within staff
				discretion; however, the differences must be documented and applied when
				determining aggravating and mitigating circumstances surrounding a rule
				violation.
d) Progressive actions
				taken to address residents who violate facility rules involve warnings and, if
				ineffective, formal restrictions. When the severity of the rule violation
				warrants action be taken for the safety of the resident or others, staff may
				offer the resident a "cool down" period, which consists of voluntary
				confinement to the resident's room, or placement of the resident on Temporary
				Special Management Status pending review by the Behavior Committee. Whenever
				staff have reason to believe that a resident has violated facility rules, staff
				shall inform the resident of the specific rules and of the determination that
				the resident violated the rules, and shall offer one of the following:
1) Warnings
A) For a minor rule violation only, a warning
				may be issued if:
i) staff determines that:
* the resident is unfamiliar with the rules; or
* the resident's behavior was a technical violation of the
				  rules; and
ii) staff
				determines that the objective of the rules would not be met by formal
				behavioral interventions.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart F - RESIDENT BEHAVIOR MANAGEMENT SYSTEM › Section 299.630 - Rule Violation

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Behavior that jeopardizes the safety of the residents, staff or others, or the
				security of the Program or unit, or presents significant management
				difficulties is considered a major rule violation. Behavior that violates this
				Part or the Program or living unit rules, but does not place anyone in
				jeopardy, compromise the security of the Program or present significant
				management difficulties, is a minor rule violation. When the classification is
				unclear, staff has the discretion to determine whether the rule violation is
				major or minor.
b) A description of
				behaviors is included as Appendix A.
c) Every resident is presumed to be
				responsible for any contraband or other property that is prohibited by this
				Part or by Program and living unit rules when that contraband or property is
				located on the resident's person, within his/her room, or within areas of
				housing or task assignment that are under his/her control. If the resident
				produces evidence that convinces the treatment team that he/she did not commit
				the rule violation, the resident shall not be given a behavioral
				intervention.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart F - RESIDENT BEHAVIOR MANAGEMENT SYSTEM › Section 299.640 - Preparation and Review of Incident Reports

Current through Register Vol. 48, No. 28, July 12, 2024
a) Every employee has the duty to observe the
				conduct of residents. When staff detect or observe rule violations, they shall
				order the resident to stop or redirect the resident to appropriate behavior.
				Residents are required to comply with staff orders.
b) If an employee observes potential rule
				violations, major or minor, discovers evidence of violation commission, or
				receives information from a reliable witness of rule violations, he/she shall
				prepare an incident report.
c) The
				incident report must be fully completed. The reporting employee shall provide
				the following information to the extent known or available:
1) The name and identification number of the
				resident;
2) The place, approximate
				time, and date of the rule violation;
3) The rule violations that the resident is
				alleged to have committed;
4) A
				written statement of the conduct observed;
5) The names of residents, employees and
				visitors who were witnesses;
6) Any
				statements by the resident; and
7)
				The signature of the reporting employee.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart F - RESIDENT BEHAVIOR MANAGEMENT SYSTEM › Section 299.650 - Assignment to Temporary Special Management Status

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Program Director shall determine
				whether it is necessary to temporarily assign the resident to Special
				Management Status in accord with this Section, pending a review of the incident
				report. The decision to place a resident in Temporary Special Management Status
				(TSMS) may be based, among other matters, on:
1) The aggressiveness of the
				Resident;
2) The threat posed to
				the safety and security of the facility;
3) The need to restrict the Resident's access
				to the general population to protect him or her or others from injury or to
				conduct the review; and/or
4) The
				seriousness of the rule violation.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart F - RESIDENT BEHAVIOR MANAGEMENT SYSTEM › Section 299.655 - Program Unit Hearing Officer Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Program Unit Hearing Officer shall be
				either security or clinical staff designated by the Program Director to hear
				allegations of minor rule violations that do not result in reassignment of
				management status. Any person who initiated the allegations that serve as the
				basis for the incident report, or who conducted a formal investigation into
				those allegations, or who witnessed the incident, or who is otherwise not
				impartial shall not conduct a hearing on that report.
b) The hearing shall be convened, but need
				not be concluded, within 14 days after the commission of the rule violation or
				its discovery, whenever possible, unless the resident is unable to participate
				in the hearing.
c) The resident
				shall receive a 24-hour written notice of the allegations and violations being
				presented against him/her prior to the hearing.
d) The hearing may be continued to obtain
				additional information or upon the resident's written request based on good
				cause shown.
e) The resident shall
				have the right to appear before and address the Program Unit Hearing
				Officer.
f) The Program Unit
				Hearing Officer may interview witnesses and review any information relevant to
				the violation.
g) The Program Unit
				Hearing Officer may return the report to the Program Director with a
				recommendation for a hearing before the Behavior Committee.
h) The Program Unit Hearing Officer may
				decide upon any of the actions authorized in Section 299.665(c)(3), except that
				he/she may not change the resident's management status.
i) A recommended decision shall be signed by
				the Program Unit Hearing Officer that contains a summary of oral and written
				statements and other evidence presented, the decision, and the behavior action
				implemented. The Program Director shall review the recommendation and render a
				final decision.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart F - RESIDENT BEHAVIOR MANAGEMENT SYSTEM › Section 299.665 - Behavior Committee Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Whenever practicable, a resident who is the subject of an incident report shall
				be allowed to address the Behavior Committee in order to present his/her views
				regarding the reported incident. This may be denied if it is determined to be
				clinically contraindicated, would place a resident or others at risk of harm,
				or would jeopardize the safety or security of the Program.
b) The Behavior Committee shall document its
				decision and the reason for that decision in the Resident's behavioral
				record.
c) Violations of facility
				or living unit rules shall be addressed through specific treatment
				recommendations and/or referral to ancillary services (e.g., anger management);
				reassignment of management status; adjustment of privileges; or any combination
				of these three actions. The Behavior Committee shall determine which
				interventions are most appropriate.
1)
				Treatment recommendations and/or ancillary services to address rule violation
				must be logically related to the rule violation (e.g., anger management for
				reactive, anger-based aggression), must be available, and must have a
				reasonable expectation of success.
2) The Behavior Committee may reassign
				residents to a different management status whenever rule violations indicate
				that they cannot be effectively managed at their current management
				status.
3) Although progressive in
				nature, privileges may be adjusted upon the increased risk of harm or
				disruption to Program security. Behavioral interventions may include the
				removal of a privilege that the resident has earned through good behavior. The
				behavioral interventions should be reasonably related to the rule
				violation.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart F - RESIDENT BEHAVIOR MANAGEMENT SYSTEM › Section 299.680 - Restitution Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Behavior Committee may recommend that the resident make restitution in any
				amount not to exceed actual out-of-pocket expenses or loss caused by the
				conduct of the resident. Restitution may include restoration for damage to
				property or person caused by the resident. The Committee shall determine the
				amount and the conditions of payment.
b) If the Behavior Committee determines that
				restitution for damage to property or person is appropriate, it shall ask the
				resident to agree to authorize disbursement from his/her trust fund or from any
				other account of the resident or, when appropriate, agree to restore the
				damaged items to the condition the items were in before the damage occurred.
1) If the resident agrees to make
				restitution, he/she shall sign an agreement to restore the damaged items or
				authorize disbursement of funds to either the State or the appropriate
				individual.
2) If the resident
				refuses to agree to either restore the damaged items or authorize disbursement
				of his/ her current funds or future earnings in accordance with the Behavior
				Committee's determination, the Committee may recommend to the Business
				Administrator that a hold be placed on the resident's account for the owed
				amount. The Committee may further recommend to the Business Administrator that
				commissary privileges and/or award of reward points be suspended, in whole or
				in part, for a period of time. The Business Administrator is authorized to take
				such action as he/she deems necessary to recoup payment, including debits to
				the resident's trust fund.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart F - RESIDENT BEHAVIOR MANAGEMENT SYSTEM › Section 299.690 - Placement in Special Management Status

Current through Register Vol. 48, No. 28, July 12, 2024
Residents whose behaviors threaten the safety or security of
				  the facility or who cannot otherwise be effectively managed in their current
				  management status may be confined in their rooms, in their assigned residential
				  units, or relocated to another area of the facility designated by the Program
				  Director. Placement in Special Management Status does not supersede or
				  eliminate any other informal or formal behavioral intervention that has been
				  previously offered by staff, the Program Unit Hearing Officer or the Behavior
				  Committee.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart F - RESIDENT BEHAVIOR MANAGEMENT SYSTEM › Section 299.700 - Special Management Status Standards

Current through Register Vol. 48, No. 28, July 12, 2024
Standards for living conditions in Special Management Status
				  shall include the following:
a)
				Residents in SMS shall be permitted personal property as allowed and ordered by
				the Program Director for safety and security reasons.
b) Notwithstanding the foregoing, residents
				in SMS shall be permitted access to writing instruments, incoming and outgoing
				mail, legal mail, their legal materials, courts and legal counsel.
c) Residents in SMS shall receive food
				comparable to that provided to the general population. Approved religious or
				medical diets shall not be interrupted.
d) Movement outside the special management
				area shall be permitted as approved by the Program Director after considering
				safety and security concerns.
e)
				Healthcare personnel shall visit residents on SMS as often as necessary to
				address any health related concerns.
f) Requests by a resident to perform
				religious rituals or other matters of religious observance shall be
				accommodated when they do not interfere with the health and safety of residents
				or staff or otherwise pose a risk to overall safety or security of the
				facility. When a religious observance request is in conflict with reasonable
				facility rules, an alternate accommodation may be sought..
g) Each resident in SMS shall be contacted by
				a member of the clinical staff at least once every seven days, or more often if
				clinically warranted.
h) Continued
				involvement in sex offender specific treatment and ancillary services may be
				permitted on an individual basis, as approved by the Program Director after
				considering the attendant safety and security concerns.
i) Residents shall be afforded the
				opportunity for a minimum of one hour exercise outside their rooms per week.
				However, exercise may be temporarily restricted or suspended, unless medically
				contraindicated, if the Program Director determines the activity to be a threat
				to the health or safety of any person or to the overall security of the
				facility.
j) Residents in SMS shall
				be permitted a shower and shave not less often than once every three days and
				shall be provided with clean bedding and clothing at least once per
				week.
k) Residents in SMS shall be
				permitted reading materials approved by clinical staff and security
				staff.
l) Residents in SMS shall
				not be subjected to excessive heat or cold and shall be provided with adequate
				ventilation, plumbing facilities and light.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart G - RESIDENT GRIEVANCES › Section 299.800 - Filing of Grievances

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				resident shall first attempt to resolve incidents, problems or complaints,
				other than complaints concerning behavior review proceedings, through filing an
				Attempt to Resolve (ATR). If a resident is unable to resolve a complaint
				through the ATR process, or if the complaint concerns a proceeding before the
				Program Unit Hearing Officer or the Behavior Committee, the resident may file a
				written grievance on a grievance form that shall be made available in all
				living units. A grievance shall be filed within one month after the discovery
				of the incident, occurrence, or problem that gives rise to the grievance or
				within one month after the receipt of a decision. However, if a resident can
				demonstrate that a grievance was, for good cause, not timely filed, the
				grievance shall be considered.
b)
				The grievance form shall be addressed to the Grievance Examiner and shall be
				deposited in the living unit mailbox or other designated repository.
c) Staff assistance shall be available for
				those residents who cannot prepare their grievances unaided, as determined by
				facility staff.
1) All residents shall be
				entitled to invoke the grievance procedure regardless of their management
				status or classification.
2) Each
				facility shall take reasonable steps to ensure that the grievance procedure is
				accessible to residents who are impaired or disabled.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart G - RESIDENT GRIEVANCES › Section 299.810 - Grievance Examiner

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Program Director shall appoint two or more employees to serve as a Grievance
				Examiner who shall attempt to resolve problems, complaints and grievances that
				residents have been unable to resolve through the ATR process.
b) No person who is directly involved in the
				subject matter of the grievance, who was the Program Unit Hearing Officer, who
				was a member of the Behavior Committee that heard an incident report concerning
				the grievance, or who is otherwise not impartial, may serve as the Grievance
				Examiner reviewing that particular case.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart G - RESIDENT GRIEVANCES › Section 299.820 - Grievance Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				Grievance Examiner shall review grievances at least weekly, provided that one
				or more grievances have been filed. The Grievance Examiner shall determine
				whether to process a grievance or return the grievance as not
				grievable.
b) If the Grievance
				Examiner determines further clarification is necessary, he/she may meet with
				the resident.
c) The Grievance
				Examiner shall consider the grievance and review all findings and
				recommendations within 15 working days after receipt of the grievance, whenever
				practicable. The Grievance Examiner shall submit, in writing, to the Program
				Director, within five working days, the findings and recommendations. The
				Program Director shall make the decision as to whether the grievance is
				resolved, denied, upheld or not indicated and shall provide that determination,
				in writing, to the Grievance Examiner within 10 working days. The Grievance
				Examiner shall advise the resident of the Program Director's decision, in
				writing, within 10 working days , whenever possible.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart G - RESIDENT GRIEVANCES › Section 299.830 - Emergency Grievance Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				All grievances marked as emergency shall be reviewed by a Grievance Examiner
				every working day after receipt.
b)
				The Grievance Examiner shall review and immediately forward all grievances
				determined to be an emergency to the Program Director.
c) If the Program Director determines that
				there is a substantial risk of imminent personal injury or other serious or
				irreparable harm to the resident, or others, the Program Director shall notify
				the Grievance Examiner that the grievance shall be handled on an emergency
				basis.
d) The Program Director
				shall respond to the resident within three working days after receipt of the
				grievance, indicating what action shall be or has been taken.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart G - RESIDENT GRIEVANCES › Section 299.840 - Grievance Appeals

Current through Register Vol. 48, No. 28, July 12, 2024
a) If,
				after receiving the decision of the Program Director, the resident is of the
				opinion that the grievance has not been resolved to his/ her satisfaction, he/
				she may appeal in writing to the Program Administrator within 30 days after
				receipt of the decision. Copies of the Grievance Examiner's report and the
				Program Director's decision shall be attached.
b) The Program Administrator shall review the
				grievance and the decision of the Program Director. The Program Administrator
				may call witnesses or examine records at his/her discretion. The Program
				Administrator shall make a final determination of the appeal within 45 working
				days, whenever practicable. The resident shall be sent a written copy of the
				Program Administrator's decision.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart G - RESIDENT GRIEVANCES › Section 299.850 - Grievance Records

Current through Register Vol. 48, No. 28, July 12, 2024
Records regarding the filing and disposition of grievances
				  shall be collected and maintained by the facility as required by State record
				  retention and confidentiality laws.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart H - EVALUATION AND RESEARCH › Section 299.920 - Requirements for Submitting Research Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any request to conduct research or an
				evaluation study involving former or present residents and/or employees,
				programs or facilities, whether originating inside or outside the Department,
				shall be in writing and shall be submitted to the Secretary for review and
				authorization.
b) The person or
				entity requesting the research or study shall provide the following written
				documentation prior to approval of the request:
1) A formal research proposal including names
				and vitae of the researchers; abstract of the project, including purpose,
				methodology, duration, the number of subjects, amount of time required for each
				subject, and dissemination plan; and Department resources to be
				utilized;
2) Approval obtained from
				a Human Subjects Research Committee and Institutional Review Board, when
				applicable;
3) A signed Research
				Agreement that shall contain a statement that any rights of privacy, informed
				consent, confidentiality and protection from harm are met in accordance with
				accepted professional and scientific ethics and that the requirements of any
				applicable Illinois and federal statute or regulation have and will continue to
				be met; and
4) Any other
				information deemed necessary to the authorization process.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart H - EVALUATION AND RESEARCH › Section 299.930 - Criteria for Approval or Denial of Research Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
a) The request to conduct research or an
				evaluation study shall be reviewed to determine if the proposed study is
				ethical, feasible, methodologically sound, and relevant to the needs and goals
				of the Department.
b) Requests to
				conduct research or an evaluation study may be denied for reasons that may
				include, among other factors, the nature and risk of the research, concern for
				security, and the level of demand on staff time and Department
				finances.
c) Research projects
				involving use of residents in medical, cosmetic, or pharmaceutical experiments
				shall not be permitted.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart H - EVALUATION AND RESEARCH › Section 299.940 - Requirements for Conducting Research Projects

Current through Register Vol. 48, No. 28, July 12, 2024
a) The researcher shall provide periodic
				reports on the progress of the research project as required. Any changes in the
				scope or methodology of the project shall be reported.
b) Permission to conduct the current study
				and any further research may be discontinued for, among other matters,
				violation of Department rules or security requirements or for violation of
				applicable Illinois or federal statute or regulations. The factors to be
				considered in determining whether to discontinue a project shall include, but
				not be limited to: whether the violation was intentional; the seriousness of
				the violation; whether the project is placing greater demands on Department
				resources than originally stated; or whether the project has been expanded
				beyond the stated purpose and scope of the project.
c) Prior to publication of the results of a
				research project, the researcher shall provide copies of the material accepted
				for publication to the Department for informational purposes.
d) Following publication, additional copies
				may be provided for the Department without cost, if so specified in the signed
				Research Agreement.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart I - REIMBURSEMENTS › Section 299.1000 - Charges for Services in a Secure Residential Facility

Current through Register Vol. 48, No. 28, July 12, 2024
a) The maximum charge for services to be
				assessed against a recipient, or the estate of a recipient, in a
				Department-operated secure residential facility, shall be 100% of the average
				per capita cost of the secure residential facility commencing with Fiscal Year
				2019 and recalculated each July 1 thereafter.
b) The maximum charge for services to be
				assessed against a recipient or the estate of a recipient maintained in the
				community on a plan of conditional release, shall be 100% of the actual cost of
				maintaining the recipient in the community under the plan of conditional
				release ordered by the committing court.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart I - REIMBURSEMENTS › Section 299.1010 - Payments

Current through Register Vol. 48, No. 28, July 12, 2024
a) The maximum rate
				to be used when filing claims for benefits under Title XVIII of the Social
				Security Act (Medicare) (
				42
				USC 1395b-1 ), Title XIX of the Social
				Security Act (Medicaid) (
				42 USC
				1396a ), Veteran's Administration benefits (
				38 USC
				521,
				541,
				542
				), Champus/Champva ( 38 USC 601 ), and active military is not to exceed the
				rate set by the Illinois Department of Healthcare and Family Services (HFS), or
				as approved each year for the respective program. Payments received from a
				benefit or federal insurance program shall be credited on a dollar for dollar
				basis for each covered day up to the maximum per capita cost for which the
				recipient has a liability or the contracted rate established by the provider,
				whichever is less.
b) All payments
				received from private hospitalization insurance shall be credited against the
				person's liability, on a dollar for dollar basis, up to the prevailing maximum
				charge established in this Section.
c) All payments on behalf of persons from any
				source shall be credited against Medicaid billings if for the same period of
				service.
d) If a spouse who is a
				legal dependent of a recipient is designated as payee of the recipient's
				benefits and is using those benefits as his/her income, charges shall be
				established on the total combined income in accordance with the schedule in
				Table A of this Part.
e) Voluntary
				payments in excess of required amounts will be accepted from the recipient and
				from persons not legally responsible.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart I - REIMBURSEMENTS › Section 299.1020 - Liability for Services Charges

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Recipients have the primary liability for payment of sums representing charges
				for services at the prevailing maximum rate determined by the Department,
				subject to the allowable reserve. Upon the death of the recipient, the estate
				of the recipient has the primary liability for payment of unpaid sums
				representing charges for services at the prevailing maximum rate established in
				Section 299.1000.
b) The recipient
				or, if deceased, the estate of the recipient retains liability as long as
				unpaid services charges remain.
c)
				Income accruing from a trust estate of a person shall be charged the same as
				other assets. If the income from the trust is not sufficient to meet the
				maximum cost of services to the person, the Department shall, in those cases in
				which the trust agreement specifically states that the principal, if needed,
				may be used, establish charges against both the income and the corpus of the
				trust.
d) When a person under the
				age of 22 receives benefits from a federal government agency that are to
				provide for the recipient's care and maintenance needs, those funds, when the
				law allows, shall be applied toward the State's cost of providing care, less
				any applicable personal allowance.
e) If the recipient is also a Medicaid
				recipient and receives benefits from a federal government agency, the federal
				funds, less the applicable personal allowance specified in 89 Ill. Adm. Code
				113.247,
				must be applied toward the Medicaid charges in accordance with 42 CFR 435.732.
				Claims submitted by the Department to HFS shall be reduced by the amount of
				these net benefits.