Section 801.100  Criminal Convictions and Pending Criminal Charges

a)         In assessing the suitability of a license applicant or an employee of a licensed facility, the Department may consider prior criminal charges and their disposition, criminal charges pending at the time of the application, and criminal charges filed during review of the application.

b)         No applicant may receive a license, permit, or expedited permit from the Department and no person may be employed by a secure residential youth care facility licensed by the Department who has been declared a sexually dangerous person under the Sexually Dangerous Person Act [725 ILCS 205] or who has been convicted of committing or attempting to commit any of the following serious offenses under the Criminal Code of 1961 [720 ILCS 5]:  first degree murder; indecent solicitation of a child; indecent solicitation of an adult; public indecency; sexual exploitation of a child; sexual relations within families; prostitution; solicitation of a sexual act; soliciting for a prostitute; soliciting for a juvenile prostitute; pandering; keeping a place of prostitution; keeping a place of juvenile prostitution; patronizing a juvenile prostitute; pimping; juvenile pimping; exploitation of a child; obscenity; child pornography; kidnapping;  aggravated kidnapping; child abduction; aggravated battery of a child; criminal sexual assault; aggravated criminal sexual assault; predatory criminal sexual assault of a child; criminal sexual abuse; aggravated criminal sexual abuse; and an offense in any federal or state jurisdiction for which the elements are similar to any of the foregoing offenses.

c)         Except as described in subsection (b) of this Section, an individual convicted of a crime will not automatically be prohibited from licensure or employment in a licensed secure residential youth care facility.  Instead, the following shall be considered:

1)         The nature of the crime for which the individual was convicted;

2)         The circumstances surrounding the commission of the crime, including the age of the individual, that would demonstrate a low likelihood of repetition;

3)         The period of time that has elapsed since the crime was committed and the number of crimes for which the individual was convicted;

4)         Evidence of rehabilitation such as successful participation in therapy since conviction;

5)         A full and unconditional pardon granted by the Governor or the judicial reversal of the conviction upon appeal;

6)         Character references; and

7)         The relationship of the crime to the capacity to care for youth or to be in contact with youth in a secure residential youth care facility.

d)         An individual against whom criminal charges are pending shall not be automatically denied licensure or employment because of the pending criminal charges.  Instead, the following shall be considered:

1)         The seriousness and nature of the pending charges;

2)         The circumstances surrounding the commission of the crime;

3)         The relationship of the charges to the ability to care for youth or to be in contact with youth in a secure residential youth care facility;

4)         Whether the individual has ever been convicted of or charged with crimes of a similar nature; and

5)         Character references and other information, especially information related to child abuse or neglect, about the suitability of the applicant for licensure or employment.

e)         Based on its review, the Department may prohibit the employee or potential employee from participating in the secure residential youth care program pending disposition of the criminal charges.  Failure to comply with this restriction may result in suspension, revocation, termination, or denial of a secure residential youth care facility license, permit, or expedited permit.