Ill. Admin. Code tit. 77, § 380.180 - Identified Offenders
a) The
facility shall review the results of the criminal history background checks
immediately upon receipt of the checks.
b) The facility shall be responsible for
taking all steps necessary to ensure the safety of consumers while the results
of a name-based background check or a fingerprint-based check are
pending.
c)
If the results
of a consumer's criminal history background check reveal that
theconsumer is an identified offender as defined in
Section 1-102 of the Act, the facility shall do the following:
1)
Immediately notify the Department
of State Police, in the form and manner required by DSP, in
collaboration with the Department of Public Health, that the consumer is an
identified offender.
2)
Within 72 hours, arrange for a fingerprint-based criminal history
record inquiry to be requested on the identified offender consumer. The inquiry
shall be based on the subject's name, sex, race, date of birth, fingerprint
images, and other identifiers required by DSP. The inquiry
shall be processed through the files of DSP and the Federal
Bureau of Investigation to locate any criminal history record information that
may exist regarding the subject. The Federal Bureau of Investigation shall
furnish to DSP pursuant to an inquiry under
thissubsection (c)(2) and Section 2-104(b) of the
Act, any criminal history record information contained in its
files. (Section 2-104(b) of the Act)
d) The facility shall comply with all
applicable provisions contained in the Uniform Conviction Information
Act.
e) All name-based and
fingerprint-based criminal history record inquiries shall be submitted to DSP
electronically in the form and manner prescribed by DSP. DSP may charge the
facility a fee for processing name-based and fingerprint-based criminal history
record inquiries. The fee shall be deposited into the State Police Services
Fund. The fee shall not exceed the actual cost of processing the
inquiry.
f) If identified offenders
are consumers of a facility, the facility shall comply with all of the
following requirements:
1) The facility shall
inform the appropriate county and local law enforcement offices of the identity
of identified offenders who are registered sex offenders or are serving a term
of parole, mandatory supervised release or probation for a felony offense who
are consumers of the facility. If a consumer of a licensed facility is an
identified offender, any federal, State or local law enforcement officer or
county probation officer shall be permitted reasonable access to the individual
consumer to verify compliance with the requirements of the Sex Offender
Registration Act, to verify compliance with the requirements of the Act and
this Part, or to verify compliance with applicable terms of probation, parole
or mandatory supervised release. Reasonable access under this provision shall
not interfere with the identified offender's medical or psychiatric
care.
2) The facility staff shall
meet with local law enforcement officials to discuss the need for and to
develop, if needed, policies and procedures to address the presence of facility
consumers who are registered sex offenders or are serving a term of parole,
mandatory supervised release or probation for a felony offense, including
compliance with Section
380.550.
3) Every licensed facility shall provide to
every prospective and current consumer and consumer's guardian, and to every
facility employee, a written notice, prescribed by the Department, advising the
consumer, guardian or employee of his or her right to ask whether any consumers
of the facility are identified offenders. The facility shall confirm whether
identified offenders are residing in the facility.
A) The notice shall also be prominently
posted within every licensed facility.
B) The notice shall include a statement that
information regarding registered sex offenders may be obtained from the DSP
website, www.isp.state.il.us, and that
information regarding persons serving terms of parole or mandatory supervised
release may be obtained from the Illinois Department of Corrections website,
www.idoc.state.il.us.
4) If the identified offender is
on probation, parole or mandatory supervised release, the facility shall
contact the consumer's probation or parole officer, acknowledge the terms of
release, update contact information with the probation or parole office, and
maintain updated contact information in the consumer's record. The record must
also include the consumer's criminal history record.
g) Facilities shall maintain written
documentation of compliance with Section
380.170.
h) Recovery and rehabilitation supports units
and transitional living units shall annually complete all of the steps required
in subsection (f) for identified offenders. This requirement does not apply to
consumers who have not been discharged from the facility during the previous 12
months.
i) For current consumers
who are identified offenders, the facility shall review the security measures
listed in the Identified Offender Report and Recommendation provided by
DSP.
j) Upon admission of an
identified offender to a facility or a decision to retain an identified
offender in a facility, the facility, in consultation with the psychiatric
medical director and law enforcement, shall specifically address the consumer's
needs in an individualized treatment plan.
k)
The facility shall incorporate the
Identified Offender Report and Recommendation into the identified offender's
careplan (treatment plan) created pursuant to
42 CFR 483.20
. (Section 2-105(f) of the Act)
l)
If the identified offender is a
convicted (see
730 ILCS 150/2 )
or registered (see
730 ILCS 150/3 )
sex offender or if the Identified Offender Report and
Recommendation prepared pursuant to Section 2-105(d) of the Act
reveals that the identified offender poses a significant risk of harm
to others within the facility, the offender shall be required to have his or
her own room within the facility. (Section 2-105(d) of the
Act)
m) The facility's reliance on
the Identified Offender Report and Recommendation shall not relieve or
indemnify in any manner the facility's liability or responsibility with regard
to the identified offender or other facility consumers.
n) The facility remains responsible for
continuously evaluating the identified offender and for making any changes in
the treatment plan that are necessary to ensure the safety of
consumers.
o) Incident reports
shall be submitted to the Division of Long-Term Care Field Operations in the
Department's Office of Health Care Regulation in compliance with Section
380.530. The
facility shall review its treatment plan and placement determination of
identified offenders based on incident reports involving the identified
offender. In incident reports involving identified offenders, the facility
shall identify whether the incident involves substance abuse, aggressive
behavior, or inappropriate sexual behavior, as well as any other behavior or
activity that would be reasonably likely to cause harm to the identified
offender or others. If the facility cannot protect the other consumers from
misconduct by the identified offender, or if, based on the Identified
Offender Report and Recommendation, a facility determines that it cannot manage
the identified offender consumer safely within the facility, it shall commence
involuntary transfer or discharge proceedings pursuant to Section
3-402 of the Nursing Home Care Act. (Section 2-105(g) of the
Act)
p) The facility shall notify
any appropriate local law enforcement agency, the Illinois Prisoner Review
Board, or the Department of Corrections of the incident and whether it involved
substance abuse, aggressive behavior, or inappropriate sexual behavior that
would necessitate relocation of that consumer.
q) The facility shall develop written
procedures for implementing changes in consumer care and facility policies when
the consumer no longer meets the definition of identified offender as defined
in the Act and this Part.
Notes
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