Section 350.636 Discharge Planning for Identified Offenders

Section

350.636  Discharge Planning for Identified Offenders

a)

If, based on the

security measures listed in the

Identified Offender Report and

Recommendation, a facility determines that it cannot manage the identified

offender resident safely within the facility, it shall commence involuntary

transfer or discharge proceedings pursuant to Section 3-402

of the Act and

Section 350.3300(d).  (Section 2-201.6(h) of the Act)  The facility may

initiate involuntary transfer or discharge proceedings if it determines, during

the provisional admission period described in Section 350.625 (a) through (e),

that it cannot manage the identified offender safely within the facility.

b)         All discharges and transfers

shall be in accordance with Section 350.3300.

c)         When a resident who is an

identified offender is discharged, the discharging facility shall notify the

Department.

d)         A facility that admits or retains an

identified offender shall have policies and procedures in place for discharging

an identified offender for reasons related to the individual's status as an

identified offender, including, but not limited to:

1)         The facility's inability to

meet the needs of the resident, based on Section 350.635 and subsection (a);

2)         The facility's inability to

provide the security measures necessary to protect facility residents, staff

and visitors; or

3)         The physical safety of the

resident, other residents, the facility staff, or facility visitors.

e)         Discharge planning shall be

included as part of the individual program plan developed in accordance with

Section 350.635(k).