Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart A - GENERAL PROVISIONS › Section 299.120 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the Sexually Violent Persons Commitment Act [725
				  ILCS 207].
"Administrative Officer on Call" or "AOC" means the
				  designated management staff responsible for responding to after-hours and
				  weekend emergency calls from an on-duty facility staff.
"Administrative Officer on Duty" or "AOD" means the
				  designated management staff responsible for the daily operation of the Program
				  and/or responding to emergency calls.
"Allowable Reserve" means an amount set by the Department
				  that is exempt from services charges. This amount shall not be less than the
				  exemptions from garnishment set forth in Part 7 of Article 12 of the Code of
				  Civil Procedure [735 ILCS 5] or otherwise provided under Section 299.1030(e) or
				  (f).
"Ancillary Services" means services not covered under the Sex
				  Offender Evaluation and Treatment Provider Act [225 ILCS 109], such as general
				  healthcare, education/vocational, recreation, rehabilitation, anger management,
				  mental health treatment, substance use and abuse treatment, victim empathy,
				  tactics, penile plethysmograph, etc.
"Annual Income" means adjusted gross income as defined by
				  Section 2-203 of the Illinois Income Tax Act [35 ILCS 5].
"Assault" means conduct described in Sections 12-1 and 12-2
				  of the Criminal Code of 2012 [720 ILCS 5].
"Assets" means:
any property, tangible or intangible, real or
				  personal:
belonging to or due to a service recipient from social
				  security, worker's compensation, veteran's compensation, or pension benefits;
				  or
from any other source whatsoever; and
any and all assets and property of whatever character held in
				  the name of the service recipient, held for the benefit of the service
				  recipient, or payable or otherwise deliverable to the service recipient.
Any trust, or portion of a trust, of which a recipient is a
				  beneficiary shall be construed as an asset of the recipient if, under terms of
				  the trust, benefits may be paid to the recipient.
"Attempt to Resolve" or "ATR" means the process a resident
				  uses to try to resolve incidents, problems or general complaints. Complaints
				  concerning behavior management proceedings are not handled through the ATR
				  process.
"Average Per Capita Cost" means the amount calculated for the
				  daily average per capita cost of operation, as applicable, of either:
the secure residential facility, for the fiscal year
				  immediately preceding the period of State care for which the rate is being
				  calculated; or
the average daily costs associated with the service
				  recipient's conditional release.
"Battery" means the conduct described in Sections 12-3 and
				  12-3.05 of the Criminal Code of 2012 [720 ILCS 5].
"Behavior Committee" consists of a security representative
				  and at least two members of the clinical staff.
"Behavioral Intervention" means a response to a violation of
				  the facility rules.
"Chemical Agent" means a compound such as mace, pepper spray,
				  etc., utilized to manage a resident who is violent, disruptive and/or out of
				  control. "Clinical Director" means the staff member responsible for the
				  oversight and provision of sex offender specific treatment and certain
				  ancillary services at the facility, or that person's designee.
"Clinical File" consists of the records relating to sex
				  offender treatment and certain ancillary services.
"Close Status" means a management status to which residents
				  are assigned as a step-up from special management or reassignment after rule
				  violations. Residents will remain on Close Status for a period of time
				  determined by the Behavior Committee for observation of their ability to
				  successfully reintegrate. Any rule violation at this level may result in either
				  an extension of this status or a change of management status.
"Committed Person" means a person who has been committed to
				  the custody of the Department under the Sexually Violent Persons Commitment
				  Act.
"Conditional Release" means a committed person who has been
				  placed into the community on court ordered supervision, treatment and related
				  services as authorized by the Act.
"Contraband" means any item that is proscribed by criminal
				  law, Department rules, facility rules or posted notices; an item that a
				  resident has no authorization to possess; or property that is in excess of that
				  authorized by the facility. This includes, but is not limited to, any:
altered property; property fashioned into a weapon; property
				  not being used for its intended design or its initial purpose; or
object, item or food/beverage product that has been
				  determined to pose a therapeutic, fire, health and/or safety risk.
"Deadly Force" means force that is likely to cause death or
				  great bodily harm.
"Department" or "DHS" means the Illinois Department of Human
				  Services.
"Detained Person" means a person who the court has sent to a
				  detention facility approved by the Department, pursuant to a detention order or
				  after a probable cause hearing under Section 30 of the Act.
"DHS Victim-Notification Coordinator" means the person who is
				  responsible for securely and confidentially maintaining all victim requests for
				  notification and for following the procedures for notifying victims (see
				  Section
				  299.500
				  ).
"Discharge" means the court-ordered release of a committed
				  person from the custody of DHS.
"Emergency Mental Health Care" refers to those interventions
				  used to protect the life and health of residents who are at risk to harm
				  themselves or others as the result of mental illness or mental disorder. Harm
				  is defined as physical injury. Residents may be at risk of harming themselves
				  or others when they are physically or verbally assaultive or aggressive; engage
				  in or threaten to engage in self-injurious behavior; use, misuse or destroy
				  property in a fashion that could be used to harm oneself or others (e.g., use
				  glass shards to cut or stab); or refuse direction to the point that force is
				  needed to secure the resident's compliance.
"Emergency Mental Health Status" is the emergency placement
				  of a resident on either Mental Health Status 1 or Mental Health Status 2, as
				  ordered by a mental health professional pursuant to Section 299.345.
"Employee" means any person providing services at the
				  direction of the DHS Secretary or Program Director, on or off site. For the
				  purposes of this Part only, this includes payroll personnel, contractors,
				  subcontractors and volunteers. Under no circumstances does this definition
				  intend to confer employment status upon contractors, subcontractors or
				  volunteers.
"Estate of Recipient" means all income and assets of a
				  service recipient, including, but not limited to, real property.
"Force" means physical contact used to coerce or prevent some
				  action on the part of a resident, including the use of chemical agents.
"General Status" means a management status to which residents
				  are assigned after they have completed admission/orientation evaluations or as
				  a reassignment from Close or Intermediate Status. Residents remain on this
				  status when they are without a major rule violation, or without more than two
				  minor rule violations, for 180 consecutive days.
"Grievance Examiner" means the employee or employees
				  designated by the Program Director to review and, as appropriate, resolve
				  problems and grievances that residents have been unable to resolve through
				  routine channels.
"Ill-1, Financial Questionnaire" means a designation assigned
				  to a set of schedules developed for the purpose of collecting financial data on
				  service recipients.
"Incident Report" means a report that must be completed by an
				  employee when he/she observes any unusual occurrence or situation that may pose
				  a threat to the safety or security of the facility, staff, residents, visitors
				  or others.
"Individualized Treatment Plan" or "ITP" or "Treatment Plan"
				  means the set of goals and levels of progress within the Program for each
				  resident. The Treatment Plan is reviewed every six months and includes
				  recommendations relative to the treatment phase, testing, diagnosis, resident
				  cooperation and participation, as well as levels of programming.
"Informed Consent" means consent of the resident to treatment
				  and ancillary services after being advised of the attendant risks and
				  benefits.
"Intermediate Status" means a management status to which
				  residents are assigned after they have completed general status. Residents
				  remain on this status when they are without a major rule violation, and without
				  more than two minor rule violations, for 180 consecutive days.
"Internal Security Investigator" means the person who
				  investigates, as assigned by the Program Director, incidents within the secure
				  residential facility or incidents that affect recipients on conditional
				  release.
"Legal Dependents" means those persons:
dependent on the recipient for more than one-half of their
				  support; and
shown as dependents on the recipient's U.S. Individual Income
				  Tax Return.
"Management Status" means the provision of different levels
				  of privileges, responsibilities and activities to provide a greater degree of
				  individualization in the treatment of residents. These levels include Admission
				  Status; General Status; Intermediate A, B, and C Status; Close Status; and
				  Special Management Status.
"Medical Director" means the physician responsible for the
				  oversight and provision of medical treatment in the Program, or that person's
				  designee.
"Medical File" consists of the records relating to health
				  care services. The provision of psychotropic medication is a health care
				  service.
"Medical Professional" means a person who provides medical
				  care under the overall supervision of the Medical Director. This could include
				  a physician licensed to practice medicine in all its branches under the Medical
				  Practice Act of 1987 [225 ILCS 60], a nurse licensed under the Nurse Practice
				  Act [225 ILCS 65], or a physician assistant licensed under the Physician
				  Assistant Practice Act of 1987 [225 ILCS 95].
"Mental Disorder" means a congenital or acquired condition
				  affecting the emotional or volitional capacity that predisposes a person to
				  engage in acts of sexual violence.
"Mental Health Professional" or "MHP" means a person who
				  provides mental health services under the overall supervision of the Clinical
				  Director. This could include a physician, a psychiatrist, a psychologist or
				  other clinical staff.
"Mental Health Status 1" is a level of special observation in
				  which one staff person will be assigned to continuously observe and monitor
				  one, and only one, resident. The staff person shall remain no more than 12 feet
				  away. In all instances, the staff person must maintain sight of the resident,
				  including during bathing or using the toilet. No staff person shall be assigned
				  to provide 1:1 observation for a continuous period exceeding two hours without
				  at least a 15-minute period of alternative assignment. At each 15-minute
				  interval, the staff member observing the resident shall enter a note in the
				  resident's clinical file concerning the status and condition of the
				  resident.
"Mental Health Status 2" is a level of special observation in
				  which the resident is observed and monitored by staff every 15 minutes. At each
				  15-minute interval, the staff member observing the resident shall enter a note
				  in the resident's clinical file concerning the status and condition of the
				  resident.
"Notice of Determination" means notification sent to a
				  service recipient when charges have been established for services (see Section
				  90 of the Act).
"Physician" means any person licensed by the State of
				  Illinois to practice medicine in all its branches and includes any person
				  holding a temporary license, as provided in the Medical Practice Act of
				  1987.
"Primary Therapist" means the clinical staff person
				  responsible for implementing the resident's ITP.
"Program" means the Sexually Violent Persons Treatment and
				  Detention Program. The term "Program" encompasses recipients in the secure
				  facility and recipients living in the community on a court-ordered plan of
				  conditional release.
"Program Administrator" means the person within DHS -
				  Division of Mental Health appointed by the Secretary to oversee the Program, or
				  his/her designee.
"Program Director" means the chief administrative officer of
				  the Treatment and Detention Facility, or his/her designee. The designee may be
				  the:
Medical Director;
Assistant Program Director;
Security Director; or
Administrative Officer on Call.
"Program Unit Hearing Officer" means the person designated by
				  the Program Director to hear allegations of minor rule violations that do not
				  result in reassignment of management status.
"Provider Act" means the Sex Offender Evaluation and
				  Treatment Provider Act [225 ILCS 109].
"Psychiatrist" means a physician who has at least 3 years of
				  formal training or primary experience in the diagnosis and treatment of mental
				  illness.
"Psychologist" means a person who is licensed under the
				  Clinical Psychologist Licensing Act [225 ILCS 15], or the Provider Act.
"Psychotropic Medication" means medication whose use for
				  antipsychotic, antidepressant, antimanic, antianxiety, antiandrogenic, behavior
				  modification or behavioral management purposes is listed in the most recent
				  edition of the Physician's Desk Reference (2019 edition) available at
www.PDR.net
or that are administered for any
				  of these purposes. It also includes those tests and related procedures that are
				  essential for safe and effective administration.
"Recipient" or "Service Recipient" means a person receiving
				  services at the secure residential facility or while on a court-ordered plan of
				  conditional release.
"Resident" means either a detained person or a committed
				  person placed in a facility.
"Residential Unit" means the area of a facility in which
				  residents reside.
"Restriction" means constraining, reducing or eliminating
				  activities of a resident (e.g., setting limits on or removal of certain
				  privileges, behaviors or activities).
"Secretary" means the Secretary of the Department of Human
				  Services, or his/her designee.
"Security Director" means the employee, and his/her designee,
				  responsible for the safety and security of residents, staff, visitors and State
				  property. The designee may be the AOD.
"Sex Offender Evaluation" or "Evaluation" means a
				  sex-offender specific evaluation as that term is used in the Provider
				  Act.
"Sex Offender Evaluator" or "Evaluator" means a person
				  licensed under the Provider Act to conduct sex offender evaluations.
"Sex Offender Specific Treatment" or "Sex Offender Treatment"
				  or "Treatment" means a comprehensive set of planned therapeutic interventions
				  and experiences to reduce the risk of further sexual offending and abusive
				  behaviors by the offender. The treatment must be provided by, or under the
				  supervision of, a person licensed under the Provider Act. Treatment
				  specifically excludes matters such as security, health care, housing, food
				  service, religious accommodations, management status, behavioral intervention
				  and ancillary services.
"Sexual Activity" means an activity involving two or more
				  persons for the sexual gratification of any participant.
"Sexually Violent Person" or "SVP" means a person who has
				  been convicted of a sexually violent offense, has been adjudicated delinquent
				  for a sexually violent offense, or had been found not guilty of a sexually
				  violent offense by reason of insanity and who is dangerous because he/she
				  suffers from a mental disorder that makes it substantially probable that the
				  person will engage in acts of sexual violence. "Sexually violent offense" has
				  the same meaning as set forth in the Act.
"Shift Supervisor" has the same meaning as "Administrative
				  Officer on Duty". "Special Management Status" means an assigned management
				  status utilized for the safe containment and effective management of a resident
				  who is presenting a risk of harm to self or others. Residents may remain on
				  Special Management Status until the Behavior Committee determines that the
				  resident is no longer a risk to self or others or while criminal charges are
				  being investigated or pending.
"Transferring Authority" means the agency with jurisdiction,
				  as defined in Section 10 of the Act, that had custody and control of the person
				  prior to an order of detention issued under Section 30 of the Act.
"Treatment and Detention Facility" or "TDF" or "Secure
				  Residential Facility" or "Facility" means the secure facility provided by the
				  Department of Corrections and operated by DHS pursuant to Section 50 of the Act
				  for the detention and treatment of persons alleged or determined to be sexually
				  violent and at risk of re-offending.
"Treatment Review Committee" means the committee appointed by
				  the Program Director for the review of orders for the administration of
				  psychotropic medications.
"Treatment Team" means a cross-functional, multi-disciplinary
				  group composed of the resident's team leader and primary therapist, a medical
				  representative, a security representative, and other clinical staff involved in
				  the resident's treatment.
"Victim" means a person against whom an act of sexual
				  violence has been committed and includes a person who has requested
				  notification under the Act or under the Rights of Crime Victims and Witnesses
				  Act [725 ILCS 120].
"Working Day" means Monday through Friday and excludes State
				  holidays and days when the facility may not be fully open due to order of the
				  Governor.