Section 300.625 Identified Offenders

Section 300

Section 300.625

Identified Offenders

a)

The

facility shall review the results of the criminal history background checks

immediately upon receipt of these checks.

b)         The facility shall be responsible for

taking all steps necessary to ensure the safety of residents while the results

of a name-based background check or a fingerprint-based check are pending;

while the results of a request for a waiver of a fingerprint-based check are

pending; and/or while the Identified Offender Report and Recommendation is

pending.

c)

If the results of a resident's criminal

history background check reveal that the

resident is an identified

offender as defined in

Section 1-114.01

of the Act,

the facility

shall do the following:

1)

Immediately notify the Department of

State Police, in the form and manner required by the Department of State

Police, that the resident is an identified offender.

2)

Within 72 hours, arrange for a

fingerprint-based criminal history record inquiry to be requested on the

identified offender resident.  The inquiry shall be based on the subject's

name, sex, race, date of birth, fingerprint images, and other identifiers

required by the Department of State Police.  The inquiry shall be processed

through the files of the Department of State Police 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

the Department of State Police, pursuant to an inquiry under this

subsection

tifiers

required by the Department of State Police.  The inquiry shall be processed

through the files of the Department of State Police 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

the Department of State Police, pursuant to an inquiry under this

subsection

(c)(2)

, any criminal history record information contained in its files.

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 the Department of State

Police electronically in the form and manner prescribed by the Department of

State Police.  The Department of State Police 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.

(Section 2-201.5(c)

of the Act)

f)         If identified offenders are residents 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

residents of the facility.

If a resident 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

resident to verify compliance with the requirements of the Sex Offender

Registration Act, to verify compliance with the requirements of Public Act

94-163

and

Public Act 94-752,

or to verify compliance with

applicable terms of probation, parole, or mandatory supervised release

e, or local law enforcement officer or

county probation officer shall be permitted reasonable access to the individual

resident to verify compliance with the requirements of the Sex Offender

Registration Act, to verify compliance with the requirements of Public Act

94-163

and

Public Act 94-752,

or to verify compliance with

applicable terms of probation, parole, or mandatory supervised release.

(Section

2-110(a-5) of the Act)  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 residents

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 300.695 of this Part.

3)

Every licensed facility shall provide to

every prospective and current resident and resident's guardian, and to every

facility employee, a written notice, prescribed by the Department

,

advising the resident, guardian, or employee of his or her right to ask whether

any residents 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 Illinois

State Police 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

ly

posted within every licensed facility.

B)

The notice shall include a statement that

information regarding registered sex offenders may be obtained from the Illinois

State Police 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.

(Section 2-216 of the Act)

4)         If the identified offender is on probation,

parole, or mandatory supervised release, the facility shall contact the

resident'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 resident's record.  The record must also

include the resident's criminal history record

.

g)         Facilities shall maintain written

documentation of compliance with Section 300.615 of this Part.

h)         Facilities shall annually complete all of

the steps required in subsection (f) of this Section for identified offenders.

This requirement does not apply to residents who have not been discharged from

the facility during the previous 12 months.

i)          For current residents who are identified

offenders, the facility shall review the security measures listed in the Identified

Offender Report and Recommendation provided by the Department of the State

Police.

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 medical director and law enforcement, shall

specifically address the resident's needs in an individualized plan

of care.

k)

The facility shall incorporate the Identified

Offender Report and Recommendation into the

identified offender's care

plan

mission of

an

identified offender to a facility

or a decision to

retain an identified offender in a facility

, the

facility, in consultation with the medical director and law enforcement, shall

specifically address the resident's needs in an individualized plan

of care.

k)

The facility shall incorporate the Identified

Offender Report and Recommendation into the

identified offender's care

plan

.  (Section 2-201.6(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 2-201.6(a) 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

subject to the rights of married residents

under Section 2-108(e) of the Act.  (Section 2-201.6(d) of the Act)

m)        The facility's reliance on the Identified

Offender Report and Recommendation prepared pursuant to Section 2-201.6(a) of

the Act shall not relieve or indemnify in any manner the facility's liability

or responsibility with regard to the identified offender or other facility

residents.

n)         The facility shall evaluate care plans at

least quarterly for identified offenders for appropriateness and effectiveness

of the portions specific to the identified offense and shall document such

review.  The facility shall modify the care plan if necessary in response to

this evaluation.  The facility remains responsible for continuously evaluating

the identified offender and for making any changes in the care plan that are

necessary to ensure the safety of residents.

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 300.690 of this Part

s evaluation.  The facility remains responsible for continuously evaluating

the identified offender and for making any changes in the care plan that are

necessary to ensure the safety of residents.

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 300.690 of this Part.  The

facility shall review its 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 residents from misconduct by the identified offender,

then the facility shall transfer or discharge the identified offender in

accordance with Section 300.3300 of this Part.

p)         The facility shall notify the 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 resident.

q)         The facility shall develop procedures for

implementing changes in resident care and facility policies when the resident

no longer meets the definition of identified offender.