Section 350.635 Identified Offenders

Section

350.635  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 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, in collaboration with the Department of Public Health, 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 (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

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 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 350.750

er'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 350.750.

3)

If identified offenders are residents of

the licensed facility, the licensed facility shall notify every resident or

resident's guardian in writing that such offenders are residents of the

licensed facility. The licensed facility shall also provide notice to its

employees and to visitors to the facility that identified offenders are

residents

. (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 350.625.

h)

Facilities shall

annually complete all of the steps required in subsection (f) 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

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 individual program

plan created pursuant to 42 CFR 483.440(c).

(Section 2-201.6(g) 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

individual program plans

at least quarterly

for identified offenders for appropriateness and effectiveness of the

portions specific to the identified

offense

and

shall document the review.  The facility shall modify the individual program

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 individual program plan that are necessary to ensure the

safety of residents

d effectiveness of the

portions specific to the identified

offense

and

shall document the review.  The facility shall modify the individual program

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 individual program 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

350.700.  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 350.3300.

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.