Section 390.635 Identified Offenders

Section

390.635  Identified Offenders

a)         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 or

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

pending, and while the Identified Offender Report and Recommendation is

pending.

b)

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 (b)(2),

any

criminal history record information contained in its files

.

c)

The facility shall comply with all

applicable provisions contained in the Uniform Conviction Information Act

.

d)

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

n the Uniform Conviction Information Act

.

d)

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.

(Section

2-201.5(c) of the Act)

e)         If identified offenders, as defined in

Section 1-114.01 of the Act and Section 390.330, 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, aftercare release, 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

390.750

cal 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

390.750.

3)

If identified offenders are residents of

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

resident's guardian in writing that 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)

A)        The notice shall 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.illinois.gov/idoc.

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 also shall

include the resident's criminal history record.

f)         Facilities shall maintain written

documentation of compliance with Section 390.625.

g)         Facilities shall annually complete all of

the steps required in subsection (e) for identified offenders

information with the probation or parole office, and maintain

updated contact information in the resident's record.  The record also shall

include the resident's criminal history record.

f)         Facilities shall maintain written

documentation of compliance with Section 390.625.

g)         Facilities shall annually complete all of

the steps required in subsection (e) for identified offenders.

h)         For current residents who are identified

offenders, the facility shall at least annually review the security measures

listed in the Identified Offender Report and Recommendation provided by the

Department of the State Police, adopting recommended security measures

identified in subsection (j).

i)          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.

1)

The care planning of identified

offenders shall include, but not be limited to, a description of the security

measures necessary to protect facility residents from the identified offender,

including whether the identified offender should be segregated from other

facility residents.

(Section 3-202.3(5) of the Act).

2)

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 of the Act

reveals that the identified offender

poses a significant risk of harm to others within the facility, then 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)

j)

The facility shall incorporate the

Identified Offender Report and Recommendation into the identified offender's individual

program plan

ses a significant risk of harm to others within the facility, then 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)

j)

The facility shall incorporate the

Identified Offender Report and Recommendation into the identified offender's individual

program plan

.  (Section 2-201.6(g) of the Act)

k)         The facility's reliance on the Identified

Offender Report and Recommendation prepared pursuant to Section 2-201.6 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.

l)          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.

m)        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 390.700.  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

on 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, facility staff, or facility visitors from misconduct by the

identified offender, then the facility shall transfer or discharge the

identified offender in accordance with Section 3-402 of the Act and Section

390.3300.

n)         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.

o)         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.