TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
Section 800.10 Applicability
This Subpart applies to the Department and any person, group of persons, corporations, or entity that intends to develop, establish, maintain, or operate Transitional Housing for sex offenders on parole, probation, or supervision.
Section 800.20 Designees
Unless otherwise specified, whenever a title such as Director is used in this Subpart, it means the person who holds that title or the person who has been designated in writing to fulfill the duties of that title on a routine basis or during a temporary absence or an emergency.
Section 800.30 Definitions
"Authorized Representative" means the individual in whom authority is vested for the management, control, and operation of all services at a Transitional Housing facility and for communication with the Department regarding the status of the licenses at that facility.
"Department" means the Illinois Department of Corrections.
"Director" means the Director of the Department.
"Facility" means the building or premises that are used for housing and services as specified in this Part.
"Governing Body" means the board of directors of a corporation or partners, owners, proprietors, members, managers, or other entity or persons legally responsible for the operation of the facility.
"License" means a document issued by the Department to allow the applicant to establish or operate a Transitional Housing facility.
"Licensee" means those individuals, agencies, or organizations that hold a license.
"Licensing Administrator" means Department staff authorized by the Director to oversee the licensing process and operations of Transitional Housing facilities holding a license.
"Linkage Agreement" means a written agreement with an external person or organization to supplement existing services and to arrange for other services not directly provided by or at a Transitional Housing facility.
"Parole" means the conditional and revocable release of a committed person under the supervision of a parole officer.
"Probation" means a sentence of release upon set conditions of a convicted person under the supervision of a county probation officer.
"Sex offender" means a person who has been adjudicated guilty of a sex offense as defined in the Sex Offender Registration Act [730 ILCS 150].
"SOMB" means the Sex Offender Management Board.
"Supervising Authority" means the law enforcement entity responsible for the supervision of the sex offender on parole, probation, or supervision.
"Supervision" means the release of a person upon set conditions after an adjudication of guilt but prior to entry of conviction under the supervision of a county probation officer.
"Transitional Housing" means a Department licensed community based facility where a limited number of sex offenders on parole, probation, or supervision are temporarily placed and reside for monitoring, counseling, and treatment.
Section 800.40 Transitional Housing, Treatment, and Referral Criteria
Applicants for a Transitional Housing license must:
a) Have a facility that is located more than 500 feet from any school, facility providing programs or services exclusively directed toward persons under 18 years of age, or playground.
b) Have a physical structure that provides for security measures, approved by the Department, 24 hours per day and seven days per week.
c) Limit residential occupancy of the facility to individuals over the age of 18.
d) Provide housing to sex offenders on parole, probation, or supervision for a period not to exceed 90 days, unless otherwise approved by the Director of the Department.
e) Provide a structured environment for congregate living that shall offer regular scheduled group sessions that are held a minimum of three days per week; provide the opportunity, either in-house or through a referral system to outside providers, for sex offender treatment with SOMB certified providers; and monitor the movement of all sex offenders on parole, probation, or supervision by maintaining a system of signing in and out. This record shall be available for review at all times by the Department, its parole agents, county probation officers, local police departments, and other supervision entities.
f) Establish a budget that specifies monthly operating expenses and demonstrates, within six months after licensure, sufficient income to meet these expenses plus emergency reserve by providing documentation of access to a minimum sum equivalent to the total of two months of operating expenses.
g) Notify immediately the supervising authority of any sex offender resident, whether or not on electronic detention or monitor, who has left the facility without properly signing out or has overstayed his or her leave time, who has been involved in criminal activity at the location, or who has contact with a law enforcement agency at the facility; and, in cases of emergency, this notifying contact shall include the requirement of first contacting the appropriate local law enforcement agency responsible for handling the emergency.
h) Submit treatment and counseling plans for each sex offender to the Director for review and approval.
i) Have a written linkage agreement or agreements with SOMB certified providers to provide the opportunity of sex offender treatment to be paid for by the sex offender residents.
j) Have a referral network to be utilized by sex offenders for necessary medical, mental health, substance abuse, and vocational or employment resources, and maintain any legally required confidentiality of identifying information.
k) Have the ability for all sex offenders to be monitored electronically and allow access, by technicians maintaining the electronic monitoring equipment, to the premises as necessary.
Section 800.50 Licenses Required
a) No person on parole, probation, or supervision for a sex offense shall reside in a building or premises in which another person known to be a sex offender or known to have been placed on supervision for a sex offense resides, except in a Department licensed Transitional Housing facility. Any person, group of persons, corporation, or other entity who desires to develop, establish, maintain, or operate a Transitional Housing facility for sex offenders who are on parole, probation, or supervision must obtain a license from the Department prior to commencing operations. Transitional Housing licenses shall be issued for the specific level of the facility.
1) Level I licenses shall be issued to facilities that may house more than one but not more than 20 sex offenders on parole, probation, or supervision.
2) Level II licenses shall be issued to facilities that have a Department of Human Services license under 77 Ill. Adm. Code 2060 and that have fewer than ten sex offender residents, or no more than ten percent of the total residency be sex offenders on parole, probation, or supervision, whichever is less.
b) Before a Transitional Housing license may be granted, the licensing applicant must certify its compliance with federal, State, and local laws, as well as all applicable federal, State, and local building, zoning, planning, land use, health, and sanitation regulations, and fire safety requirements of the State Fire Marshal.
(Source: Expedited correction at 30 Ill. Reg. 8669, effective January 1, 2006)
Section 800.60 Application Fees
a) The non-refundable application fee shall be $250 per facility and must be submitted with each application for a license, renewal of a license, or relocation of a licensed facility.
b) Payment shall be made by check or money order payable to the Department. A separate check or money order shall be submitted with each facility application.
c) No application fee shall be required of any unit of local, State, or federal government.
Section 800.70 Application for Licensure
a) An application for a license to operate Transitional Housing for sex offenders who are on parole, probation, or supervision, for renewal of a license, or to relocate a licensed facility shall be completed and signed by the governing body of the facility or its authorized representatives on forms prescribed and furnished by the Department. Forms are available by sending a written request to:
Illinois Department of Corrections
1301 Concordia Court
P. O. Box 19277
Springfield, Illinois 62794-9277
Attn: Sex Offender Transitional Housing Licensing Administrator
b) The application shall be signed and dated by the organization representative and at least two of the corporate officers in the case of a corporate applicant, or by all partners or associates in the case of a partnership or association, shall be notarized, and shall include the following:
1) Articles of incorporation and bylaws, including a statement indicating the facility's corporate status is in good standing with the Illinois Secretary of State and whether the institution is for profit or not-for-profit; or a copy of the entity's partnership agreement; or statement of ownership; or articles of organization; and a list of assumed names under which the entity is doing business, as applicable.
2) A statement of purpose and range of services and a general description of the type of security established or to be established.
3) The names and addresses of all owners or controlling parties of the organization and whether they are individuals, partnerships, corporate bodies, or subdivisions of other bodies, such as public agencies or religious, fraternal, or other charitable organizations. In the case of corporations, the names and addresses of all officers, directors, and stockholders owning five percent or more of the stock of the corporation, either beneficial or of record, shall be disclosed.
4) Annual current operating budget and projected budget showing anticipated expenses and income and emergency reserve.
5) Certification of compliance with applicable local building, zoning, health, sanitation, or other safety requirements as specified in federal, State, or local laws, and with fire safety requirements of the State Fire Marshal.
6) Proof of fire, hazard, liability and other insurance coverage appropriate to the administration of Transitional Housing.
7) A facility site plan of the proposed site in which the specific use of each building and the specific floor plan and an explanation of the facility locking, lighting, and communication features are included. All secure doors, windows, and perimeter structures, including fencing and gates, shall be shown.
8) The program and operations plan for Transitional Housing.
9) The staffing plan that provides for continuous supervision and security that includes the number of staff, their minimum qualifications, pre-service orientation and on-going training for staff, and complete job descriptions and job titles.
10) Documentation of background checks in accordance with Section 800.110.
11) The appropriate application fee per Section 800.60.
12) If applying for a Level II license, a copy of the Department of Human Services license.
c) A new application shall be required whenever:
1) An application for license has been withdrawn and the facility seeks to reapply;
2) There is a change of facility location;
3) There is a change of licensee's ownership, name, supervising agency, or corporate status or the individual who holds a license has died; or
4) A new license is sought after the Department has either revoked a license or refused to renew a license.
d) A new application may be submitted at any time after a license has been voluntarily surrendered or withdrawn by the applicant.
e) If the Department has refused to renew a license or has revoked a license, the facility may not reapply for licensure before the expiration of 12 months after the Department's action.
f) If the applicant's mailing address, but not the physical location, changes, the Department shall be notified immediately, but no later than ten days after the change. A current phone number and, if available, a fax number shall be provided to the Department.
g) The Department shall issue a license or a notification of refusal to issue a license within 180 days after the date the application was received and determined to be complete.
Section 800.80 Licensing Requirements
a) A license to operate a Transitional Housing facility shall be valid for three years from the date issued unless revoked by the Department or voluntarily surrendered by the licensee.
b) A license shall not be issued retroactively.
c) The license shall include the level of the license, licensee's name, the facility name and address, the date issued, the license number, and the expiration date.
d) The license shall not be transferred to another person, organization, or sponsor, nor shall it be valid for a name, address, or part of the facility other than what is shown on the license.
e) The facility shall adhere to the provisions specified on the license.
f) The facility shall maintain a degree of financial solvency that assures compliance with the standards prescribed in this Part and assures adequate care and supervision of the sex offenders on parole, probation, or supervision.
g) Financial records shall be maintained and kept in the State of Illinois where they shall be readily available for review by the Department.
h) The Department shall be notified immediately if the facility is determined to be financially insolvent.
i) At any time during the licensure period, additional services for sex offenders may be added at the facility at no extra licensing cost.
j) Changes in the following shall occur only upon prior approval of the Department:
1) The programming modality used by the facility;
2) The residential capacity of the facility; or
3) The security, operations, and treatment plans to be used by the facility.
k) The licensee shall give 90 days notice to the Department prior to voluntarily closing or terminating its Transitional Housing facility. The notice shall state the proposed date of closing and the reason for the closing. The facility shall operate in compliance with the standards listed in this Part until the date of closure or until the sex offenders on parole, probation, or supervision are removed.
l) The license certificate shall remain the property of the Department and shall be returned to the Department if there is a change in ownership, management, or location, or if the license is suspended, revoked, or modified.
Section 800.90 Responsibilities of the Governing Body
a) The governing body of an incorporated facility shall be a board of directors composed of at least five persons. All board members shall be of reputable and responsible character. The governing body shall be responsible for maintaining the standards set forth in this Part.
b) The governing body of a sole proprietorship or partnership shall be the partners, owners, proprietors, members, managers, or other entity or persons legally responsible for the operation of the facility.
c) The governing body shall:
1) Provide written by-laws, partnership agreements, articles of organization, or statements of ownership, as applicable;
2) Assure that the facility operates at all times with an on-site administrator who, by official notice, is made known to the Department;
3) Hold at least two meetings annually;
4) Keep written records or minutes of all board meetings reflecting official actions by the board;
5) Officially notify the Department of any major changes in the corporate structure or a change in the administration of the facility, including: articles of incorporation and by-laws, partnership agreements, articles of organization, board membership, officers, ownership, and changes in services provided by the facility;
6) Establish written policies of the facility that shall be made available to all members of the governing body and employees of the facility, including services to be provided by the facility;
7) Assure that staff have achieved appropriate competency levels for this type of facility and are administering the facility's established policies correctly;
8) Assure that the facility has clearly outlined procedures to ensure continuity for sex offenders residing in the Transitional Housing and sufficient linkage agreements and programs to support the sex offenders;
9) Provide and maintain physical facilities appropriate for the program and supporting services;
10) Maintain and keep all records and documents required by this Part in the State of Illinois where they shall be readily available for review by licensing representatives; and
11) Assure fidelity bonding of fiscally responsible officers and employees, elected or appointed, whether or not compensated by salary, against breach of fidelity duty or the loss of monies, securities or other property that the facility may sustain through any fraudulent or dishonest act or acts committed by any officer or employee acting alone or in collusion with others.
Section 800.100 On-site Inspection of Programs, Security, and Operations
a) Prior to recommending issuance of a license, the site of a Transitional Housing facility shall be inspected by licensing representatives.
b) On-site reviews of programs, security, and operations shall be completed by Department licensure staff prior to recommendation for licensure and at least annually thereafter.
c) License representatives, within 30 days after the application for licensure has been received and determined to be complete, shall schedule a visit to the facility. The purpose of the visit shall be to assess the housing and prepare a written report to the Licensing Administrator regarding:
1) Compliance with applicable statutes, licensing procedures, and standards;
2) The adequacy of security, programming, and care outlined in the program plan;
3) The degree to which the program, as outlined, can reasonably be expected to ensure security, safety, continuity of care, and the provision of adequate planning and services;
4) The adequacy of number of staff, staff qualifications, and training;
5) The adequacy of the physical plant, site, and facility design in relation to implementing Transitional Housing; and
6) Whether the quality assurance, security policies, and evaluation mechanisms developed by the facility can reasonably be expected to control the use of behavior management techniques and security practices within the facility and to minimize the frequency of unusual incidents within the program.
d) In order to determine continuing compliance with applicable statutes and rules, a licensee's facility may, without prior notice, be visited periodically by authorized representatives of the Department.
Section 800.110 Background Investigations
a) No Transitional Housing applicant may receive a license from the Department, and no person may be employed by a licensed Transitional Housing facility, unless he or she provides written authorization for a background check that may include, but is not limited to:
1) A check of the criminal justice information systems, including, but not limited to, those maintained by the Illinois Department of State Police, the Federal Bureau of Investigation, and the United States Department of Justice, to determine whether the person has been charged with a crime, and if so, the disposition of the charges; and
2) A pre-employment drug test and an agreement to random drug testing when the Department or the facility has reasonable suspicion of abuse.
b) The authorization required under this Section shall be on forms prescribed by the Department and shall include:
1) Identifying information consisting of name, address, social security number, date of birth, height, weight, hair and eye color, and previous names and addresses;
3) A declaration under penalty of perjury regarding any prior criminal convictions other than a minor traffic violation; and
4) Authorization for the Department to release the results of the investigation to the governing body or employer.
c) Each facility license applicant and employee or prospective employee of a licensed facility shall submit to a fingerprinting process as determined by the Department.
d) For purposes of this Section only, employees who have been separated from the facility for six months or longer due to reasons other than approved leave time shall no longer be considered current employees. Upon their return to active duty, these individuals shall be required to again authorize a background investigation pursuant to this Section.
e) Employees and prospective employees of a multi-function agency otherwise exempt from the requirements of this Section, but whose duties may require that they be on the premises of a Transitional Housing facility, shall authorize the background investigation required by this Section.
f) An individual who has authorized the background investigation required by this Section may be employed by a Transitional Housing facility on a provisional or probationary basis pending the outcome of any required background investigation of federal records.
Section 800.120 Required Notices
a) Facility Postings
1) Upon initial licensure and during the period of licensure, the licensee shall maintain at the main entrance a visible and conspicuous exterior sign in at least four inch high letters identifying the facility as a "Department of Corrections Licensed Transitional Housing Facility".
2) The license issued by the Department shall be publicly displayed at the facility at all times.
b) Facility Filing and Publication
1) Upon initial licensure, the licensee shall file with the office of the county clerk of the county in which the facility is located a certificate setting forth the name the facility is operating under and the true or real full names of persons or entities operating the facility.
2) The licensee shall publish the filing of the notice of licensure in a newspaper of general circulation published in the county in which the certificate is filed. The notice shall be published once per week for three consecutive weeks with the first publication within 15 days after the certificate is filed with the county clerk.
3) Proof of publication shall be filed with the county clerk within 50 days from the date of filing the certificate. Unless proof of publication is made to the county clerk, the notification is void.
c) The licensee shall notify the police department, public and private elementary and secondary schools, public libraries, and each residential home and apartment complex located within 500 feet of the Transitional Housing facility of its initial licensing as a Transitional Housing facility and, annually thereafter, of its continuing operation as a Transitional Housing facility.
d) The Department shall, within one week of issuance of a Transitional Housing license, submit written notification to the Illinois State Police of the licensure, the address of the facility, and the maximum number of sex offenders that can be housed at the facility for inclusion on the Illinois State Police Offender Registry website.
(Source: Expedited correction at 30 Ill. Reg. 8669, effective January 1, 2006)
Section 800.130 Change of Ownership or Management or Corporate Dissolution
a) Each Transitional Housing license issued shall be valid only for the premises and persons named in the application. Licensure is not transferable. A license shall become null and void when:
1) A change in ownership occurs involving more than 25% of the aggregate ownership interest within a one year period or a significant change in management occurs; or
2) A change in 50% or more in the board of directors of a not-for-profit corporation occurs within a one year period.
b) In order to obtain a new license reflective of the change in ownership, the licensee shall submit an application and fees to the Department in accordance with Sections 800.60 and 800.70.
c) Failure to notify the Department within ten calendar days after the changes in ownership listed in subsection (a) will result in the imposition of a license fee of $350 for each affected license.
d) A license shall become null, void, and of no further effect when there is any dissolution of a corporate licensee. Written notification shall be given to the Department within ten calendar days after the dissolution.
e) A license issued to a corporation that is subsequently dissolved shall not be reactivated upon reinstatement of the corporation and the license is also subject to sanctions as provided in this Part. Such corporation shall reapply for licensure.
f) In order to obtain a new license relative to reinstatement of a corporation, an application for initial licensure and the license application fee of $250 per license shall be submitted to the Department. If the Department was not notified within ten calendar days after the dissolution of the corporation, the license fee will be $350 for each affected license.
(Source: Expedited correction at 30 Ill. Reg. 8669, effective January 1, 2006)
Section 800.140 Application for Renewal of License
a) Application forms for license renewal prescribed by the Department shall be requested by the facility from the Department prior to the expiration date of the Transitional Housing license. The completed application shall be submitted to the Department three months prior to the expiration date of the license.
b) Upon receipt of the application for license renewal, the Department shall conduct a licensing study. The study shall include an on-site visit of the premises and a review of the records of the facility as the Department considers necessary in order to determine that the facility meets or continues to meet the licensing standards for a Transitional Housing facility. The licensing study shall be in writing and shall be reviewed and signed by the Director. The Department shall either:
1) Renew the license if the Department is satisfied that the facility continues to maintain the minimum licensing standards; or
2) Refuse to renew the license in accordance with Section 800.200.
c) When a licensee has made timely and sufficient application for renewal of a license and the Department fails to render a decision on the application for renewal of the license prior to the expiration date of the license, the existing license shall continue in full force and effect for up to 30 days until the final Department decision has been made. The Department may, if good cause is shown, further extend the period in which the decision must be made for up to 30 days.
Section 800.150 Grounds for Revocation, Termination, or Refusal to Issue or Renew a License
a) The Department may revoke a license, refuse to renew a license, or refuse to issue a license of any Transitional Housing facility if there is a finding that the licensee or the licensee's governing body or employees did any of the following:
1) Failed to maintain standards prescribed by Department rules or applicable laws.
2) Violated any of the provisions of the license issued.
3) Acted to conceal, misrepresent, or falsify any condition, action, or omission that would demonstrate non-compliance with rules or procedures or a violation of any federal, State, or local law or court order.
4) Failed to submit to the Department required reports or failed to make available to the Department any records required by the Department in conducting an investigation of the facility for licensing purposes.
5) Failed or refused to submit to or fully cooperate with an investigation required by the Department.
6) Failed or refused to admit authorized representatives of the Department at any time for the purpose of investigation.
7) Failed to provide, maintain, equip, and keep in a safe, secure, and sanitary condition premises established or used for Transitional Housing as required under Department rules or required by any law, regulation, or ordinance applicable to the facility.
8) Failed to publicly display its license and notices or to publish and file notification in accordance with Section 800.120.
9) Failed to exercise reasonable care in the hiring, training, and supervision of facility personnel.
10) Failed to report absences of sex offenders on parole, probation, or supervision.
11) Failed to report to the Department unusual incidents.
12) Failed to correct any condition that may jeopardize the health, safety, security, or welfare of sex offenders served by the facility.
13) Failed to correct any condition or occurrence relating to the operation, security, or maintenance of the facility that violates this Part.
14) Failed to maintain financial resources adequate to administer a Transitional Housing facility.
b) If the continued operation of the Transitional Housing facility jeopardizes the health, safety, or welfare of the sex offenders being served or if adequate security is not maintained, the facility may be closed immediately in accordance with Section 800.190.
Section 800.160 Complaints Concerning Licensees
Complaints concerning Transitional Housing facilities shall be directed orally or in writing to the Department's licensing representatives serving the facility, if known, or to:
Illinois Department of Corrections
1301 Concordia Court
P. O. Box 19277
Springfield, Illinois 62794-9277
Attn: Sex Offender Transitional Housing Licensing Administrator
Section 800.170 Investigation of Potential Deficiencies or Violations Concerning Licensees
a) The Department shall initiate a timely investigation of allegations of potential deficiencies, violations, or evidence of grounds for revocation or termination.
b) Department investigations may include an interview with the person making the allegation, if known, and with others who may have knowledge relevant to the alleged violation or deficiency.
c) An unannounced visit by the licensing representative may be made to the location of the facility.
d) The facility's refusal to allow the licensing representative to conduct the investigation or failure to otherwise cooperate in the investigation is basis for revocation of the facility license.
Section 800.180 Disposition of Potential Deficiencies or Violations Concerning Licensees
a) Within 15 business days after completion of the investigation, the Department shall make a formal finding determining whether there were violations of licensing procedures or standards or federal, State, or local laws.
b) Within five calendar days after the Department makes a formal finding of violation, a letter shall be sent by registered mail, return receipt requested, to the licensee summarizing the findings.
c) The letter shall:
1) Cite the laws or licensing procedures or standards violated;
2) Notify the licensee that within ten days after the receipt of the letter the licensee may send a written request to the Licensing Administrator requesting an informal review of the decision; and
3) Notify the licensee that failure to correct the violations may result in revocation of the license or refusal to renew a license.
d) If a request for informal review of the Department's findings is granted by the Licensing Administrator and the licensee indicates a willingness to correct the violations, a time period for compliance may be allowed as determined by the Licensing Administrator. When a time period is granted, a registered letter of notice shall be sent to the licensee specifying the time period granted to correct the violations that shall begin upon the licensee's receipt of the registered mail. A licensing representative may make unannounced on-site visits to determine whether the identified violations have been corrected within the time period permitted for compliance.
e) If, at the conclusion of the period of time granted the licensee for correction of the findings, the licensee has failed to correct the identified violations or, if no time period for compliance was authorized, the Department shall proceed to revoke or refuse to renew the license in accordance with Section 800.200.
f) If threats exist to the health, safety, or welfare of the sex offenders served or to the facility security systems or protocols, suspension or termination of the license may immediately result.
Section 800.190 Closure Order
a) Whenever the Department expressly finds that the continued operation of a Transitional Housing facility jeopardizes the health, safety, or welfare of the sex offenders served by the facility or that the facility is unable to maintain adequate security, the Department shall issue an order of closure directing that the operation of the facility as Transitional Housing for sex offenders terminate immediately and, if applicable, shall initiate license revocation proceedings within ten working days.
b) A facility closed under this Section may not operate as a Transitional Housing facility during the pendency of any judicial review of the decision by the Department to issue an order of closure or to revoke or refuse to renew the license, except under court order.
1) Those sex offenders on parole, probation, or supervision residing at the facility shall move out immediately to a residency approved by the supervision authority after any order of closure or revocation of or refusal to renew a license.
2) All sex offenders' records shall be released to the Licensing Administrator.
Section 800.200 Procedure for Revocation or Refusal to Renew a License
a) Except as otherwise provided in Section 800.190, the Department shall notify the licensee by registered mail, return receipt requested, prior to revocation or refusal to renew a license.
1) The notice shall be sent to the address specified on the license or to the address of the ranking or presiding officer of the board of directors or any equivalent body operating the facility.
2) The notice shall inform the licensee that he or she may, within ten days after receipt of the notice through registered mail, make a request to the Department for a public hearing before the Department and for a written statement of the charges.
b) Upon receipt of a written request for a hearing by the licensee, the Department shall send to the licensee a notice of the hearing by registered mail, return receipt requested. The notice shall include:
1) A written statement of the charges;
2) A statement of the date, time, place, and nature of the hearing;
3) The names and mailing addresses of the hearing officer, all parties, and all other persons to whom the Department gives notice of the hearing, unless otherwise held confidential by law; and
4) A statement of the legal authority and jurisdiction under which the hearing is to be held.
c) The statement of charges shall be provided in writing and shall contain:
1) A plain and concise statement of the matters asserted and the consequences of the failure to respond;
2) Citation of the federal, State, or local laws or rules and regulations alleged to be violated; and
3) Specific relief sought via this action.
d) The hearing must be held within 30 days after the date of the postmark of the registered mail.
e) The notice must be received by the licensee no later than 15 days prior to the date set for the hearing.
f) The hearing shall be conducted in accordance with Section 800.210.
g) If no request for a hearing is made within ten days after notification, the license shall be revoked or renewal denied.
Section 800.210 Licensing Hearing
a) At the date, time, and place designated, the Director, or an individual authorized in writing by the Director to function as the hearing officer, shall conduct a hearing regarding the revocation of a license or the refusal to renew a license to operate a Transitional Housing facility. The hearing shall be governed by the provisions contained in Article 10 of the Illinois Administrative Procedure Act [5 ILCS 100/Art.10], unless otherwise provided in this Section.
b) Both the Department and the licensee, also referred to as parties, shall be allowed to present written and oral statements, testimony, and evidence that may be pertinent to the charges or to the defense. A person may appear and be heard on his or her own behalf or through an attorney at law authorized to practice in the State of Illinois.
c) An attorney appearing in a representative capacity shall file a written notice of appearance identifying him or herself by name, address, and telephone number and identifying the party represented.
d) Any pleadings, motions, affidavits in support of motions, and notices shall be served by the filing party upon all parties to the proceeding. Proof of service upon all parties shall be filed with the Department at the address listed in Section 800.160.
1) Service shall be made by delivering in person or by depositing in the United States mail, properly addressed with postage prepaid, one copy to each party entitled to the material. When any party has appeared by attorney, service upon the attorney shall be deemed service upon the party.
2) Proof of service of any paper shall be by a certificate of attorney, affidavit, or acknowledgement.
e) The hearing officer may direct parties or their attorneys to appear at a specified date, time, and place for a conference prior to the date set for the hearing or during the course of the hearing for the purpose of considering:
1) The simplification of issues;
2) The necessity or desirability of amending the pleadings for the purpose of clarification, amplification, or limitation with respect to matters alleged in any pleading;
3) The possibility of making admissions or stipulations of fact to the end of avoiding the unnecessary introduction of evidence;
4) The procedure at the hearing;
5) The limitation of the number of witnesses;
6) The propriety of prior mutual exchange between or among parties of prepared testimony or exhibits; and
7) Such other matters as may aid in the simplification of the evidence and disposition of the proceeding.
f) All hearings conducted in any proceeding shall be open to the public, except that the hearing officer may close portions of the hearing based on considerations concerning the welfare and safety of the participants or witnesses. In the event of failure to appear at the hearing upon proper notice, the hearing may be held ex parte immediately.
g) The hearing officer shall have full authority to:
1) Rule upon all motions made in the course of a hearing;
2) Rule upon all other matters arising in the course of the hearing; and
3) Require, upon reasonable notice, any party to present further material or relative evidence upon any issue.
h) If the respondent believes the hearing officer is biased against the respondent or if there is a conflict of interest, he or she shall petition the Director in writing at least five days prior to the date set for the hearing to appoint another hearing officer to hear the matter. The petition shall be accompanied by an affidavit setting forth the facts upon which the claim of bias or conflict of interest is based. The Director shall make a determination whether bias or conflict of interest exists, and may remove any hearing officer he or she finds biased or if a determination has been made that a conflict of interest exists.
i) The technical rules of evidence shall not apply at any hearing. Any evidence having probative value and force, relevant and material to the facts at issue, shall be admitted in the proceedings, subject only to objections to the weight of the evidence as distinguished from admissibility per se. When the admissibility of evidence is in dispute and depends upon fairly arguable interpretations of law, the evidence shall be admitted.
j) A party may conduct examinations or cross-examinations without rigid adherence to formal rules. The hearing officer before whom a matter is pending may, in his or her discretion, examine any of the witnesses at a hearing.
k) Parties may by stipulation agree upon any facts involved in the proceeding. The facts stipulated shall be considered as evidence in the proceeding.
l) The Department shall record the hearing via methods such as tape or stenography.
1) The record of the hearing shall be transcribed upon request of any party provided that the party pays the cost of the transcript.
2) Suggested corrections to the transcript may be offered within ten days after the transcript is filed in the proceeding, unless the hearing officer permits suggested corrections to be official at a later time.
m) Subpoenas for the attendance of witnesses from any place in the State of Illinois, or for the production of relevant books and papers for a hearing in a pending proceeding, may be issued by the Department or the hearing officer upon the motion of any party. Service of subpoenas and payment of witness fees shall be as provided in the Civil Practice Act [735 ILCS 5].
n) After initiation of a statement of charges, any party, upon written request made to the other party at least three business days prior to the hearing or within five business days after service of an additional pleading, shall be entitled to:
1) Obtain the names and addresses of witnesses the other party intends to call to testify at the hearing; and
2) Obtain all writings and documents the party proposes to offer in evidence.
o) A party may serve on any other party a written request for the admission by the latter of the truth of any specified relevant fact set forth in the request or for the admission of genuineness of any relevant documents described in the request. Copies of the documents shall be served with the request unless copies have already been furnished.
p) The hearing officer may continue the hearing from time to time, but not to exceed a single period of 30 days, unless special extenuating circumstances make further continuance feasible.
q) Within 30 business days after the close of all proofs in the hearing, the hearing officer shall cause to be prepared and filed with the Department originals of findings of fact, conclusions of law, and a recommendation to the Director, together with the entire record in the proceeding.
r) At any time prior to the entering of findings of facts, conclusions of law, and recommendations by the hearing officer, the parties may seek to terminate the matter by presenting to the Director an agreed order to which they all acknowledge their consent by affixing their respective signatures. Upon the Director's signing of such an order, the entire proceeding shall cease and each party shall be deemed to have waived administrative review.
s) Within 30 business days after receipt of the findings of fact, conclusions of law, recommendations to the Director, and the entire record of the proceeding, the Director shall issue a final administrative decision. A copy of the decision shall be served on each party personally or by certified mail and shall include the findings of fact and conclusions of law. Final administrative decisions of the Department may be judicially reviewed pursuant to the Administrative Review Law [735 ILCS 5/Art. III].
t) The time within which any act under this Section is to be done shall be computed by excluding the first business day and including the last business day.
(Source: Expedited correction at 30 Ill. Reg. 8669, effective January 1, 2006)
Section 800.220 Operation Without a License
a) Whenever the Department determines that an unlicensed person or organization is engaging in housing that requires licensure pursuant to Section 800.50 of this Part, it shall issue a notice to that person or organization to cease and desist from engaging in the activity. The notice shall specify the licensure requirement and shall include citation of relevant sections of the Illinois Administrative Procedure Act and this Part.
b) The Department's notice shall include the instruction that the recipient may submit written documentation to the Department within ten calendar days to support a claim that licensure is not required or that the recipient is properly authorized to engage in the rental activity.
c) After the expiration of the ten day period, if the Department believes that the person or organization is unlicensed and continuing to engage in activity that requires licensure under this Part, the Department shall refer the matter to the appropriate State's Attorney or to the Office of the Attorney General.
Section 800.300 Administration
a) All licensed Transitional Housing facilities shall employ at least one full-time authorized representative who is responsible for the daily operations at the Transitional Housing facility.
b) The Authorized Representative's name and contact information shall be provided to the Department, the probation office of the county in which the Transitional Housing facility is located, and the local police department. The Transitional Housing authorized representative may also function as a Transitional Housing manager.
c) All licensed Transitional Housing facilities shall have on-site at all times at least one Transitional Housing manager who oversees all activities under the direction of the authorized representative. The Transitional Housing manager shall maintain at the facility a historical record of each sex offender placed at the facility and a file on each sex offender that includes the transition plan for residency in the area and anticipated length of stay at the facility, tracks the efforts made to implement this plan, contains the resident's treatment plan, and documents the sex offender's attendance at any treatment or group services within the facility. Such file shall be given to the supervising agent for the sex offender when the sex offender concludes his or her residency at the facility.
d) All licensed Transitional Housing facilities shall maintain written qualifications and a description of the authority and responsibilities of the authorized representative.
e) Either the authorized representative or an individual designated to act in the place of the authorized representative shall be scheduled at the facility and function as the on-call administrator at all times.
f) All licensed Transitional Housing facilities shall have a minimum of one case manager for every 20 sex offender residents. The case manager shall:
1) Develop and monitor individual treatment and case plans for each sex offender.
2) Assist sex offenders in developing a long-term self-sufficiency plan to enable them to transition successfully into the community by providing linkage to resources such as housing, employment, and transportation.
3) Maintain appropriate referral sources and contact persons for the sex offenders' referral for community-based services such as sex offender treatment, mental health services, substance abuse services, and healthcare.
4) Assist in making appointments that facilitate the approved treatment plans for sex offenders, and where necessary, transport sex offenders to and from those appointments.
5) Maintain thorough, accurate, and timely sex offender records, files, and correspondence.
6) Prepare reports and presentations of information as required.
7) Reinforce with sex offenders all program policies, rules, and expectations for participation in the program.
8) Attend and participate in case reviews and present progress reports on each sex offender.
g) Operations manuals shall be accessible to the Department.
Section 800.310 Reports and Correspondence
a) As correspondence, treatment plans, efforts to relocate sex offenders to non-Transitional Housing, and other such information becomes available or changes, the authorized representative shall submit copies of this information to the Department.
b) Annual Reports
The authorized representative shall submit by November 1 of each year to the Department an annual report that shall include, but not be limited to:
1) Total number of sex offenders who have at any time resided in the Transitional Housing facility since January 1.
2) Current number of sex offenders in residency at the Transitional Housing facility and the offenses of those offenders.
3) Total number of sex offenders who exited Transitional Housing facility both through successful relocation and violations since January 1.
c) Unusual Incident Reports
1) Unusual incidents or situations that occur on the grounds of a Transitional Housing facility or that occur within the community involving an on-duty employee or a resident at the Transitional Housing facility shall be reported to the appropriate officials and completely documented by the witnessing employee or the employee who received notification of the incident prior to the end of his or her shift. The unusual incident report shall be maintained in a separate confidential administrative file and shall include the following:
A) The facility name.
B) The date and time of the incident.
C) The names and, if applicable, the identification numbers of the staff and residents involved in the incident.
D) The names and, if applicable, the identification numbers of witnesses to the incident.
E) A complete narrative of the facts and circumstances of the incident.
F) The signature of the reporting staff member and the date and time the report was written.
G) The signature of the reviewing supervisory staff member and the date and time the report was received.
H) An assessment by the authorized representative or designee and his or her signature and the date reviewed.
2) The authorized representative or designee shall report immediately, by telephone, to the Licensing Administrator and supervising authority any of the following types of incidents or situations that occur on the grounds of the facility or that involve an on-duty employee or resident away from the facility:
A) A resident's physical assault on any person where serious injury requires medical treatment.
B) An arrest of a resident.
C) Use of force by an employee, including use of physical force to restrain.
D) A resident's suicide attempt.
E) Any serious illness or injury that requires medical attention.
F) Any unauthorized absence of a resident.
G) Death of a resident.
H) Major property loss or damage.
I) Any serious fire or arson attempt.
J) Any resident or employee action that the facility may refer for prosecution of criminal charges.
K) Other incidents or situations that, in the opinion of the authorized representative, should be reported.
L) Any other incidents or situations that may result in legal action or require an administrative response by the Department.
3) The authorized representative of the Transitional Housing facility, after immediately informing the Licensing Administrator by telephone of the incident, shall ensure:
A) An initial incident report is completed and transmitted to the Licensing Administrator by the next working day or within 72 hours after the incident if the incident occurs on the weekend. The initial report may be designated as the final report.
B) A progress report or final follow-up report is transmitted to the Licensing Administrator within 15 days after the incident, if applicable. A progress report shall be transmitted to the Licensing Administrator, as additional information is available, but not less frequently than every 90 days after the date of the last report until submission of the final report.
Section 800.320 Records of Sex Offenders
a) All Transitional Housing facilities shall establish and maintain a file on a current basis for each sex offender resident.
1) The file shall include, at a minimum, the following applicable information: the sex offender's name, identification number, age, gender, and race or nationality; date of admission to the Transitional Housing facility; risk assessment; treatment and transition plans; treatment attendance; program agreements; releases of information documents; progress reports; reports of program violations; referrals to other agencies, therapists or counselors; record of visitors; date of release from the transition center, address of relocation residence; total number of days in the Transitional Housing facility; and related correspondence.
2) File entries shall be dated and the source of the information and the author of the entry shall be identified.
3) Files are confidential and shall be safeguarded from unauthorized and improper access, disclosure, and loss.
A) Files shall be marked "confidential".
B) Access to computerized records shall be controlled and restricted on a need-to-know basis. Security measures shall be taken to ensure the integrity and confidentiality of any computer record.
4) Whenever a sex offender moves out of the facility, his or her file shall be transferred to the Department. The facility shall retain a copy of some or all of the contents of the file for its records, as needed, for up to five years.
5) The Department shall have access to files upon request.
b) The Department shall establish and maintain a file on a current basis for each sex offender residing in a Transitional Housing facility. The file shall include, at a minimum, efforts in placing the sex offender in non-transitional housing; efforts to place the offender in the county from which he or she was convicted; the anticipated length of stay of each offender in the Transitional Housing facility; the number of sex offenders residing in the Transitional Housing facility; and the services provided to the sex offender during the residency at the Transitional Housing facility.
Section 800.330 Security Procedures
a) All licensed Transitional Housing facilities shall maintain a security manual that contains policies and procedures related to the following and is consistent with provisions of this Section. At a minimum the security manual procedures shall include: counts, sex offender residents' outside movement, transportation, contraband control, facility inspection, sex offender and visitor searches, emergency plans, use of force, control of caustics, flammable, and toxic materials, facility program schedule, residential rules, mail, visits, use and storage of security equipment, crisis instructions and suicide prevention, investigations, reporting of unusual incidents, and relationship to local law enforcement.
b) All licensed Transitional Housing facilities shall designate a point of issue for facility keys and security equipment, the point of control of the fire alarm system, staff, sex offender, and visitor sign-ins, and a place for mail.
c) All licensed Transitional Housing facilities shall prohibit sex offender residents from congregating or loitering on the sidewalk or area immediately outside the facility
d) All licensed Transitional Housing facilities shall conduct a security inspection of areas and security devices each week.
1) The facility shall submit a written report of the shift and weekly inspections to the authorized representative.
2) The inspections shall be reported on forms that contain, but are not limited to:
A) A list of all items or areas to be inspected and an indication that each item or area was inspected;
B) Any deficiency detected;
C) The name of the staff conducting the inspection;
D) Whether the inspection is a shift or weekly inspection; and
E) The date and time of the inspection.
3) Areas or items to be inspected shall include, but not be limited to:
A) Living and activity areas;
B) Outdoor areas of the facility;
C) Fences and all perimeter areas;
D) Windows and screens;
F) Doors and locks; and
G) Video systems, if any.
e) Unusual incidents shall be reported in accordance with Section 800.310. Persons injured in an incident shall be provided with immediate access to medical services.
f) Firearms shall be prohibited within all licensed Transitional Housing facilities, except where the weapon is under the control of law enforcement, parole, or probation officers.
g) All licensed Transitional Housing facilities shall maintain identifying information on any vehicles being routinely operated by a sex offender resident on a regular basis and provide this information to the parole, probation, or other officers or agents of the supervising agency as requested.
h) Additionally, Level I facilities shall have on premises 24 hours per day seven days per week at least one security guard registered in accordance with the Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004 [225 ILCS 447] who shall:
1) Conduct and document rounds of the facility and perimeter at least every six hours.
2) Ensure sex offender residents and visitors sign in and out of the facility.
3) Conduct daily living area inspections.
Section 800.340 Searches
a) The Department and parole, probation, and other officers or agents responsible for the supervision of the sex offenders residing in a licensed Transitional Housing facility shall be provided access on the premises at any time to perform searches of the sex offenders' living area and common areas.
b) All licensed Transitional Housing facilities shall make available access keys to sex offender rooms and other belongings for the purpose of searching the sex offenders' living area and belongings when a sex offender is not present or is unwilling to cooperate in the search.
c) All licensed Transitional Housing facilities shall post or give prior notice to visitors that visitors and their possessions shall be subject to search upon entry to the facility.
Section 800.350 Safety and Emergency Procedures
a) Fire Safety
1) All licensed Transitional Housing facilities shall establish a written fire prevention plan, including at a minimum:
A) Provision for an adequate fire protection service;
B) A system of fire extinguisher inspection and testing of equipment at least quarterly or at intervals approved by the State Fire Marshal;
C) An annual inspection by the State Fire Marshal;
D) Availability of fire protection equipment at appropriate locations throughout the facility; and
E) Monthly inspection.
2) A comprehensive and thorough inspection of the facility shall be conducted annually or on a schedule approved by the State Fire Marshal to determine compliance with safety and fire prevention standards.
3) The fire plan shall be reviewed annually and updated as needed.
b) Flammable, Toxic, and Caustic Materials
The use and storage of all flammable, toxic, and caustic materials shall be controlled. These materials must be under direct staff control and be properly stored and secured.
c) Emergency Communications
1) All licensed Transitional Housing facilities shall provide for a communications system within the facility and between the facility and the community in the event of urgent, special, or unusual incidents or emergency situations.
2) All licensed Transitional Housing facilities shall establish a written evacuation plan prepared in the event of a fire or a major emergency that shall be approved by the State Fire Marshal. The plan shall be reviewed annually and updated as needed. Revised plans shall be reissued and provided to the State Fire Marshal and to the local fire safety authority. The plan shall include the following:
A) Location of buildings and room floor plans;
B) Use of exit signs and directional arrows for traffic flow;
C) Location of publicly posted evacuation plans; and
D) Monthly drills in all occupied locations of the facility.
d) Emergency Plans
All facility personnel shall be trained in the implementation of written emergency plans.
e) Failure to Return
The facility shall establish a written plan regarding sex offenders who fail to return to the facility. The plan shall insure a timely coordinated response to the situation consistent with public safety. The plan shall be reviewed at least annually and updated as needed.