Section 340.1315 Identified Offenders

Section

340.1315  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

dentifiers 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

(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 340.1380 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

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 340.1305 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 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

ission 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 720 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 340.1330 of this Part

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 340.1330 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 340.1470 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.