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91_SB1358
LRB9111038WHpk
1 AN ACT to re-enact the Secure Residential Youth Care
2 Facility Licensing Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Purpose.
6 (1) The General Assembly finds and declares that:
7 (i) Article 45 of Public Act 88-680, effective
8 January 1, 1995, created the Secure Residential Youth
9 Care Facility Licensing Act. Article 45 also contained
10 other provisions.
11 (ii) In addition, Public Act 88-680 was entitled
12 "AN ACT to create a Safe Neighborhoods Law". (A) Article
13 5 was entitled JUVENILE JUSTICE and amended the Juvenile
14 Court Act of 1987. (B) Article 15 was entitled GANGS and
15 amended various provisions of the Criminal Code of 1961
16 and the Unified Code of Corrections. (C) Article 20 was
17 entitled ALCOHOL ABUSE and amended various provisions of
18 the Illinois Vehicle Code. (D) Article 25 was entitled
19 DRUG ABUSE and amended the Cannabis Control Act and the
20 Illinois Controlled Substances Act. (E) Article 30 was
21 entitled FIREARMS and amended the Criminal Code of 1961
22 and the Code of Criminal Procedure of 1963. (F) Article
23 35 amended the Criminal Code of 1961, the Rights of Crime
24 Victims and Witnesses Act, and the Unified Code of
25 Corrections. (G) Article 40 amended the Criminal Code of
26 1961 to increase the penalty for compelling organization
27 membership of persons. (H) Article 45 created the Secure
28 Residential Youth Care Facility Licensing Act and amended
29 the State Finance Act, the Juvenile Court Act of 1987,
30 the Unified Code of Corrections, and the Private
31 Correctional Facility Moratorium Act. (I) Article 50
32 amended the WIC Vendor Management Act, the Firearm Owners
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1 Identification Card Act, the Juvenile Court Act of 1987,
2 the Criminal Code of 1961, the Wrongs to Children Act,
3 and the Unified Code of Corrections.
4 (iii) On December 2, 1999, the Illinois Supreme
5 Court, in People v. Cervantes, Docket No. 87229, ruled
6 that Public Act 88-680 violates the single subject clause
7 of the Illinois Constitution (Article IV, Section 8 (d))
8 and was unconstitutional in its entirety.
9 (iv) The issues addressed by Article 45 of Public
10 Act 88-680 are of vital concern to the people of this
11 State.
12 (2) It is the purpose of this Act to re-enact Article 45
13 of Public Act 88-680, including subsequent amendments (other
14 than the amendatory changes to Section 5-23 of the Juvenile
15 Court Act of 1987 that were contained in Section 45-905 of
16 Public Act 88-680 and that were repealed when Article V of
17 the Juvenile Court Act of 1987 was substantially rewritten by
18 Public Act 90-590). This re-enactment is intended to remove
19 any question as to the validity or content of the provisions
20 contained in this Act.
21 (3) This Act re-enacts Article 45 of Public Act 88-680,
22 including subsequent amendments (other than the amendatory
23 changes to Section 5-23 of the Juvenile Court Act of 1987
24 that were contained in Section 45-905 of Public Act 88-680
25 and that were repealed when Article V of the Juvenile Court
26 Act of 1987 was substantially rewritten by Public Act
27 90-590); it is not intended to supersede any other Public Act
28 that amends the text of the Sections as set forth in this
29 Act. The material is shown as existing text (i.e., without
30 underscoring).
31 Section 5. The Secure Residential Youth Care Facility
32 Licensing Act is re-enacted as follows:
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1 ARTICLE 45
2 (730 ILCS 175/45-1)
3 Sec. 45-1. Short title. This Article may be cited as
4 the Secure Residential Youth Care Facility Licensing Act, and
5 references in this Article to "this Act" mean this Article.
6 (Source: P.A. 88-680, eff. 1-1-95.)
7 (730 ILCS 175/45-5)
8 Sec. 45-5. Purpose. The Illinois Department of
9 Corrections shall establish a system of licensure for secure
10 residential youth care facilities in accordance with this Act
11 for the following purposes:
12 (1) Protection of the health, welfare, and safety
13 of residents.
14 (2) Protection of the safety of the general public.
15 (Source: P.A. 88-680, eff. 1-1-95.)
16 (730 ILCS 175/45-10)
17 Sec. 45-10. Definitions. As used in this Act:
18 "Department" means the Illinois Department of
19 Corrections.
20 "Director" means the Director of Corrections.
21 "Secure residential youth care facility" means a facility
22 (1) where youth are placed and reside for care, treatment,
23 and custody; (2) that is designed and operated so as to
24 ensure that all entrances and exits from the facility, or
25 from a building or distinct part of a building within the
26 facility, are under the exclusive control of the staff of the
27 facility, whether or not the youth has freedom of movement
28 within the perimeter of the facility or within the perimeter
29 of a building or distinct part of a building within the
30 facility; and (3) that uses physically restrictive
31 construction including, but not limited to, locks, bolts,
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1 gates, doors, bars, fences, and screen barriers. This
2 definition does not include jails, prisons, detention
3 centers, or other such correctional facilities; State
4 operated mental health facilities; or facilities operating as
5 psychiatric hospitals under a license pursuant to the Nursing
6 Home Care Act or the Hospital Licensing Act.
7 "Youth" means an adjudicated delinquent who is 18 years
8 of age or under and is transferred to the Department pursuant
9 to Section 3-10-11 of the Unified Code of Corrections.
10 (Source: P.A. 88-680, eff. 1-1-95.)
11 (730 ILCS 175/45-15)
12 Sec. 45-15. Necessity of license.
13 (a) No person may establish, operate, maintain, offer,
14 or advertise a secure residential youth care facility within
15 this State unless he or she is licensed by the Department.
16 (b) The Director shall establish policies and coordinate
17 activities relating to licensing of secure residential youth
18 care facilities.
19 (c) Any facility or agency which is exempt from
20 licensing may apply for licensing if licensing is required
21 for some government benefit.
22 (Source: P.A. 88-680, eff. 1-1-95.)
23 (730 ILCS 175/45-20)
24 Sec. 45-20. Application and fee.
25 (a) Any person, group of persons, corporation, or other
26 entity who or which receives youth or arranges for care or
27 placement of one or more youth unrelated to the operator must
28 apply for a license to operate a secure residential youth
29 care facility. Application for a license to operate a secure
30 residential youth care facility must be made to the
31 Department in the manner and on forms prescribed by the
32 Department. If, upon examination of the facility and
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1 investigation of persons responsible for care of youth, the
2 Department is satisfied that the facility and responsible
3 persons reasonably meet standards prescribed for the type of
4 facility for which application is made, it shall issue a
5 license in proper form, designating on that license the
6 number of youth to be served at any one time.
7 (b) All applications shall be accompanied by an
8 application fee as prescribed by the Department. The fee
9 shall be deposited into the Secure Residential Youth Care
10 Facility Fund, which is created as a special fund in the
11 State Treasury. Moneys in the Fund shall be used by the
12 Department for expenses related to the administration of this
13 Act and for no other purpose.
14 (Source: P.A. 88-680, eff. 1-1-95.)
15 (730 ILCS 175/45-25)
16 Sec. 45-25. Criminal background investigations. The
17 Department shall require that each secure residential youth
18 care facility license applicant as part of the application
19 process, and each employee of a facility as a condition of
20 employment, authorize an investigation to determine if the
21 applicant or employee has ever been charged with a crime and,
22 if so, the disposition of those charges. The authorization
23 shall indicate the scope of the inquiry and the agencies that
24 may be contacted. Upon receiving an authorization, the
25 Director may request and receive information and assistance
26 from any federal, State, or local governmental agency as part
27 of the authorized investigation. The Department of State
28 Police shall provide information concerning any criminal
29 charges, and their disposition, now or hereafter filed,
30 against an applicant or facility employee upon request of the
31 Department when the request is made in the form and manner
32 required by the Department of State Police.
33 Information concerning convictions of a license applicant
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1 investigated under this Section, including the source of the
2 information and any conclusions or recommendations derived
3 from the information, shall be provided, upon written
4 request, to the applicant before final action by the
5 Department on the application. Information on convictions of
6 employees or prospective employees of facilities licensed
7 under this Act shall be provided to the operator of the
8 facility, and, upon written request, to the employee or
9 prospective employee. Information concerning criminal charges
10 and the disposition of charges obtained by the Department
11 shall be confidential and may not be transmitted outside the
12 Department, except as required by this Section, and may not
13 be transmitted to anyone within the Department except as
14 needed for the purpose of evaluating an application or a
15 facility employee. Only information and standards that bear a
16 reasonable and rational relation to the performance of a
17 facility shall be used by the Department or any licensee. Any
18 employee of the Department, Department of State Police, or a
19 facility receiving confidential information under this
20 Section who gives or causes to be given any confidential
21 information concerning any criminal convictions of a facility
22 applicant or facility employee is guilty of a Class A
23 misdemeanor unless release of that information is authorized
24 by this Section.
25 (Source: P.A. 88-680, eff. 1-1-95.)
26 (730 ILCS 175/45-30)
27 Sec. 45-30. License or employment eligibility.
28 (a) No applicant may receive a license from the
29 Department and no person may be employed by a licensed
30 facility who refuses to authorize an investigation as
31 required by Section 45-25.
32 (b) No applicant may receive a license from the
33 Department and no person may be employed by a secure
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1 residential youth care facility licensed by the Department
2 who has been declared a sexually dangerous person under the
3 Sexually Dangerous Persons Act or convicted of committing or
4 attempting to commit any of the following offenses under the
5 Criminal Code of 1961:
6 (1) First degree murder.
7 (2) A sex offense under Article 11, except offenses
8 described in Sections 11-7, 11-8, 11-12, 11-13 and 11-18.
9 (3) Kidnapping.
10 (4) Aggravated kidnapping.
11 (5) Child abduction.
12 (6) Aggravated battery of a child.
13 (7) Criminal sexual assault.
14 (8) Aggravated criminal sexual assault.
15 (8.1) Predatory criminal sexual assault of a child.
16 (9) Criminal sexual abuse.
17 (10) Aggravated criminal sexual abuse.
18 (11) A federal offense or an offense in any other
19 state the elements of which are similar to any of the
20 foregoing offenses.
21 (Source: P.A. 88-680, eff. 1-1-95; 89-428, eff. 12-13-95;
22 89-462, eff. 5-29-96.)
23 (730 ILCS 175/45-35)
24 Sec. 45-35. Child abuse and neglect reports.
25 (a) All secure residential youth care facility license
26 applicants and all current and prospective employees of a
27 secure residential youth care facility who have any possible
28 contact with youth in the course of their duties, as a
29 condition of licensure or employment, shall authorize in
30 writing on a form prescribed by the Department an
31 investigation of the Central Register, as defined in the
32 Abused and Neglected Child Reporting Act, to ascertain if the
33 applicant or employee has been determined to be a perpetrator
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1 in an indicated report of child abuse or neglect.
2 (b) All secure residential youth care facilities as a
3 condition of licensure under this Act shall maintain records
4 showing that all current employees and other applicants for
5 employment who have any possible contact with youth in the
6 course of their duties have authorized an investigation of
7 the Central Register as required in subsection (a) of this
8 Section. Only those current or prospective employees who
9 will have no possible contact with youth as part of their
10 present or prospective employment may be excluded from
11 provisions that require authorization of an investigation.
12 (c) Information concerning a license applicant,
13 employee, or prospective employee obtained by the Department
14 shall be confidential and exempt from public inspection and
15 copying as provided under Section 7 of the Freedom of
16 Information Act, and that information shall not be
17 transmitted outside the Department, except as provided in the
18 Abused and Neglected Child Reporting Act, and shall not be
19 transmitted to anyone within the Department except as
20 provided in the Abused and Neglected Child Reporting Act or
21 needed for the purposes of evaluation of an application for
22 licensure or for consideration by a secure residential youth
23 care facility of an employee. Any employee of the Department
24 who gives or causes to be given any confidential information
25 concerning child abuse or neglect reports about a facility
26 applicant or facility employee shall be guilty of a Class A
27 misdemeanor unless release of the information is authorized
28 by Section 11.1 of the Abused and Neglected Child Reporting
29 Act.
30 (d) Any licensee who is informed by the Department of
31 Children and Family Services, under Section 7.4 of the Abused
32 and Neglected Child Reporting Act, that a formal
33 investigation has commenced relating to an employee of the
34 facility or any other person in frequent contact with youth
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1 at the facility, shall take reasonable action necessary to
2 ensure that the employee or other person is restricted during
3 the pendency of the investigation from contact with youth
4 whose care has been entrusted to the facility.
5 (Source: P.A. 88-680, eff. 1-1-95.)
6 (730 ILCS 175/45-40)
7 Sec. 45-40. Background investigations; license
8 applicants. For the purposes of background investigations
9 authorized under this Act, "license applicant" means the
10 operator or person with direct responsibility for daily
11 operation of the secure residential youth care facility to be
12 licensed.
13 (Source: P.A. 88-680, eff. 1-1-95.)
14 (730 ILCS 175/45-45)
15 Sec. 45-45. Cooperation with State agencies.
16 (a) The Department shall coordinate the functions within
17 State government affecting facilities licensed under this Act
18 and shall cooperate with other State agencies that establish
19 standards or requirements for facilities to ensure necessary,
20 equitable, and consistent State supervision of licensees
21 without unnecessary duplication of complaint investigations
22 or survey, evaluation, and consultation services.
23 (b) The Department shall enter into agreements with
24 other State departments, agencies, or commissions that are
25 necessary to effectuate the purpose of this Section.
26 (Source: P.A. 88-680, eff. 1-1-95.)
27 (730 ILCS 175/45-50)
28 Sec. 45-50. Licenses and permits.
29 (a) Upon receipt of an application filed in proper
30 order, the Department shall examine the facilities and
31 persons responsible for the care of youth.
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1 (b) Licenses shall be issued in the form and manner
2 prescribed by the Department and are valid for 2 years from
3 the date issued, unless revoked by the Department or
4 voluntarily surrendered by the licensee. When a licensee has
5 made timely and sufficient application for the renewal of a
6 license the existing license shall continue in full force and
7 effect for up to 30 days until the final agency decision on
8 the application has been made. The Department may further
9 extend the period in which a decision must be made in
10 individual cases for up to 30 days, but an extension shall be
11 only upon good cause shown.
12 (c) The Department may issue one 6-month permit to a
13 newly established secure residential youth care facility to
14 allow that facility reasonable time to become eligible for a
15 full license.
16 (d) During the hours of operation of any licensed secure
17 residential youth care facility, authorized representatives
18 of the Department may without notice visit the facility to
19 evaluate the facility's continuing compliance with this Act
20 or rules adopted under this Act.
21 (Source: P.A. 88-680, eff. 1-1-95.)
22 (730 ILCS 175/45-52)
23 Sec. 45-52. Certification by applicant. No applicant
24 shall be issued a permit or license unless it certifies to
25 the Department in a form satisfactory to the Department that
26 the proposed secure residential youth care facility is in
27 compliance with all applicable zoning, planning, and land use
28 laws, ordinances, and regulations.
29 (Source: P.A. 88-680, eff. 1-1-95.)
30 (730 ILCS 175/45-55)
31 Sec. 45-55. License renewal.
32 (a) A licensed secure residential youth care facility
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1 must apply for renewal of its license to the Department on
2 forms prescribed by the Department.
3 (b) The Department, or a suitable agency or person
4 designated by the Department as its agent, must re-examine
5 every secure residential youth care facility applying for
6 renewal of its license, including an examination of the
7 premises and records of the facility as the Department
8 considers necessary to determine that minimum standards for
9 licensing continue to be met. If the Department is satisfied
10 that the facility continues to maintain the minimum standards
11 that it prescribes and publishes, it shall renew the license
12 to operate the facility.
13 (c) If a secure residential youth care facility's
14 license is revoked, or if the Department refuses to renew a
15 facility's license, the facility may not reapply for a
16 license before the expiration of 12 months following the
17 Department's action; however, the denial of a reapplication
18 for a license under this subsection must be supported by
19 evidence that the prior revocation renders the applicant
20 unqualified or incapable of satisfying the standards and
21 rules promulgated by the Department under this Act or
22 maintaining a facility which adheres to those standards and
23 rules.
24 (Source: P.A. 88-680, eff. 1-1-95.)
25 (730 ILCS 175/45-60)
26 Sec. 45-60. Minimum standards.
27 (a) The Department must prescribe and publish minimum
28 standards for licensing that apply to secure residential
29 youth care facilities. The Department may consult with the
30 Department of Children and Family Services and any other
31 resources as deemed necessary by the Department and seek the
32 advice and assistance of persons representative of the
33 various types of secure residential youth care facilities in
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1 establishing standards. Standards prescribed and published
2 under this Act take effect as provided in the Illinois
3 Administrative Procedure Act, and are restricted to
4 regulations pertaining to the following:
5 (1) The operation and conduct of the facility and
6 responsibility it assumes for secure care.
7 (2) The character, suitability, and qualifications
8 of the applicant and other persons directly responsible
9 for the care and welfare of the youth served.
10 (3) The general financial ability and competence of
11 the applicant to provide necessary care for youth and to
12 maintain prescribed standards.
13 (4) The number of individuals or staff required to
14 ensure adequate supervision and care of the youth
15 received.
16 (5) The appropriateness, safety, cleanliness, and
17 general adequacy of the premises, including maintenance
18 of adequate fire prevention and health standards
19 conforming to State laws and municipal codes to provide
20 for the physical comfort, care and well-being of youth
21 received in a secure environment.
22 (6) Provisions for food, clothing, educational
23 opportunities, and other programs and services as
24 assessed by the Department of Corrections.
25 (7) Provisions to safeguard the legal rights of
26 youth served.
27 (8) Maintenance of records pertaining to the
28 admission, progress, health, and discharge of youth. The
29 Department shall require proof that youth enrolled in a
30 secure residential youth care facility have been
31 immunized as required by the rules of the Department.
32 (9) Filing of reports with the Department.
33 (10) Discipline of youth.
34 (11) Protection of the particular religious faith
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1 of the youth served.
2 (12) Provisions prohibiting firearms on the
3 premises except in the possession of peace officers.
4 (13) Use of force in the maintenance of security
5 and control.
6 (14) Issuance of warrants for apprehension and
7 detention.
8 (b) The Department, in applying standards prescribed and
9 published under this Section, shall upon request offer
10 consultation through employed staff or other qualified
11 persons to assist applicants and licensees meet and maintain
12 minimum license requirements and to help them achieve
13 programs of excellence related to the care of youth served.
14 (c) The Department shall distribute copies of licensing
15 standards to all licensees and applicants for a license.
16 Each licensee or holder of a permit shall distribute to
17 secure residential youth care facilities under its
18 supervision copies of the appropriate licensing standards and
19 any other information required by the Department. Each
20 licensee or holder of a permit shall maintain appropriate
21 documentation of the distribution of the standards. The
22 documentation shall be part of the records of the facility
23 and subject to inspection by authorized representatives of
24 the Department.
25 (d) The Department shall distribute to each licensee and
26 holder of a permit copies of the licensing or permit
27 standards applicable to that person's facility. Each
28 licensee or holder of a permit shall make available, at all
29 times in a common or otherwise accessible area, a complete
30 and current set of licensing standards so that all employees
31 of the facility may have unrestricted access to the
32 standards. All employees of the facility shall review the
33 standards and any subsequent changes. Each licensee or
34 holder of a permit shall maintain appropriate documentation
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1 of the current review of licensing standards by all
2 employees. The records shall be part of the records of the
3 facility and subject to inspection by authorized
4 representatives of the Department.
5 (Source: P.A. 88-680, eff. 1-1-95.)
6 (730 ILCS 175/45-65)
7 Sec. 45-65. Maximum allowable capacity. The Department
8 shall determine the need for and the maximum allowable
9 capacity of secure residential youth care facilities pursuant
10 to rules promulgated in accordance with the Illinois
11 Administrative Procedure Act.
12 (Source: P.A. 88-680, eff. 1-1-95.)
13 (730 ILCS 175/45-70)
14 Sec. 45-70. License revocation; refusal to renew. The
15 Department may revoke or refuse to renew the license of any
16 secure residential youth care facility or refuse to issue a
17 full license to the holder of a permit should the licensee or
18 holder of a permit do any of the following:
19 (1) Fail to maintain standards prescribed by the
20 Department.
21 (2) Violate any of the provisions of the license
22 issued.
23 (3) Furnish or make a misleading or false statement
24 or report to the Department.
25 (4) Refuse to submit to the Department required
26 reports or refuse to make available to the Department any
27 records required by the Department in conducting an
28 investigation of the facility for licensing purposes.
29 (5) Fail or refuse to submit to an investigation by
30 the Department.
31 (6) Fail or refuse to admit authorized
32 representatives of the Department at any time for the
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1 purpose of investigation.
2 (7) Fail to provide, maintain, equip, and keep in
3 safe and sanitary condition premises established or used
4 for secure care required under standards prescribed by
5 the Department or required by any law, regulation, or
6 ordinance applicable to the location of the facility.
7 (8) Refuse to display its license or permit.
8 (9) Be the subject of an indicated report under
9 Section 3 of the Abused and Neglected Child Reporting Act
10 or fail to discharge or sever affiliation with the
11 facility of an employee or volunteer at the facility with
12 direct contact with youth who is the subject of an
13 indicated report under Section 3 of that Act.
14 (10) Fail to exercise reasonable care in the
15 hiring, training, and supervision of facility personnel.
16 (11) Fail to report suspected abuse or neglect of
17 children within the facility, as required by the Abused
18 and Neglected Child Reporting Act.
19 (12) Fail to report to the Department unusual
20 incidents.
21 (13) Be identified in an investigation by the
22 Department as an addict or alcoholic, as defined in the
23 Alcoholism and Other Drug Abuse and Dependency Act, or be
24 a person whom the Department knows has abused alcohol or
25 drugs and who has not successfully participated in
26 treatment, self-help groups, or other suitable activities
27 and the Department determines that because of the abuse
28 the licensee, holder of the permit, or any other person
29 directly responsible for the care and welfare of the
30 youth served does not comply with standards relating to
31 character, suitability, or other qualifications
32 established under Section 45-30 of this Act.
33 (14) Fail to correct any condition which
34 jeopardizes the health, safety, or welfare of children
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1 served by the facility.
2 (15) Fail to correct any condition or occurrence
3 relating to the operation or maintenance of the facility
4 that violates Section 45-75 of this Act.
5 (16) Fail to maintain financial resources adequate
6 for the satisfactory care of youth served in regard to
7 upkeep of premises and provisions for personal care,
8 medical services, clothing, education, and other
9 essentials in the proper care, rearing, and training of
10 youth received.
11 (Source: P.A. 88-680, eff. 1-1-95.)
12 (730 ILCS 175/45-75)
13 Sec. 45-75. Conditional license. The Department may
14 issue a conditional license to any secure residential youth
15 care facility which is licensed under this Act. The
16 conditional license shall be a nonrenewable license issued
17 for a period of 6 months and the Department shall revoke any
18 other license held by the conditionally licensed facility.
19 Conditional licenses shall be granted only to facilities in
20 which there exists no threat to the health, safety, or
21 welfare of the youth served. A complete list of deficiencies
22 and a corrective plan approved by the Department shall exist
23 at the time a conditional license is issued. Failure by the
24 facility to correct the deficiencies or meet all licensing
25 standards at the end of the conditional license period shall
26 result in immediate revocation of or refusal to renew the
27 facility's license as provided in Section 45-80 of this Act.
28 (Source: P.A. 88-680, eff. 1-1-95.)
29 (730 ILCS 175/45-80)
30 Sec. 45-80. Procedure for revocation or refusal to
31 review; notice.
32 (a) Prior to revocation or refusal to renew a license,
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1 the Department shall notify the licensee by registered mail,
2 return receipt requested, at the address specified on the
3 license, or at the address of the ranking or presiding
4 officer of a board of directors, or any equivalent body
5 conducting a secure residential youth care facility, of the
6 contemplated action and that the licensee may, within 10 days
7 of notification, dating from receipt of the registered mail,
8 request in writing a public hearing before the Department
9 and, at the same time, may request a written statement of
10 charges from the Department.
11 (b) Upon written request by the licensee, the Department
12 shall furnish a written statement of charges, and, at the
13 same time, shall set the date and place for the hearing. The
14 charges and notice of the hearing shall be delivered by
15 registered mail, return receipt requested, and the hearing
16 must be held within 30 days, dating from the date of the
17 postmark of the registered mail, except that notification
18 must be received by the licensee at least 15 days in advance
19 of the date set for the hearing.
20 (c) If no request for a hearing is made within 10 days
21 after notification, or if the Department determines, upon
22 holding a hearing, that the license should be revoked or
23 renewal denied, then the license shall be revoked or renewal
24 denied.
25 (d) Upon the hearing in which the license is revoked,
26 renewal of license is refused, or full license is denied the
27 Director, or any officer or employee duly authorized by him
28 or her in writing, may administer oaths and the Department
29 may procure, by its subpoena, the attendance of witnesses and
30 the production of relevant documents.
31 (e) At the time and place designated, the Director or
32 the officer or employee authorized by him or her in writing,
33 shall hear the charges and both the Department and the
34 licensee shall be allowed to present in person or by counsel
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1 statements, testimony, and evidence that may be pertinent to
2 the charges or to the defense. The hearing officer may
3 continue the hearing from time to time, but not to exceed a
4 single period of 30 days, unless special extenuating
5 circumstances make further continuance feasible.
6 (Source: P.A. 88-680, eff. 1-1-95.)
7 (730 ILCS 175/45-85)
8 Sec. 45-85. Complaint substantiation. Before the
9 Department initiates a full-scale investigation of any
10 complaint received regarding a secure residential youth care
11 facility the Department may, when appropriate, provide
12 procedures for the substantiation of the complaint.
13 (Source: P.A. 88-680, eff. 1-1-95.)
14 (730 ILCS 175/45-90)
15 Sec. 45-90. Attendance of witnesses; production of
16 documents; contempt. Any circuit court, upon application
17 either of the person requesting a hearing or of the
18 Department, may require the attendance of witnesses and the
19 production of relevant documents before the Department in any
20 hearing relating to the refusal or revocation of licenses.
21 The refusal or neglect to obey the order of the court
22 compelling the attendance or production is punishable as in
23 other cases of contempt.
24 (Source: P.A. 88-680, eff. 1-1-95.)
25 (730 ILCS 175/45-95)
26 Sec. 45-95. Operation without license. Whenever the
27 Department is advised, or has reason to believe, that any
28 person, group of persons, corporation, or other entity is
29 operating a secure residential youth care facility without a
30 license or permit, it shall make an investigation to
31 ascertain the facts. If the Department is denied access, it
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1 shall request intervention by local, county, or State law
2 enforcement agencies to seek an appropriate court order or
3 warrant to examine the premises. A person or entity
4 preventing the Department from carrying out its duties under
5 this Section is guilty of a violation of this Act. If the
6 Department finds that the secure residential youth care
7 facility is being, or has, operated without a license or
8 permit, it shall report the results of its investigation to
9 the Attorney General and to the appropriate State's Attorney
10 for prosecution.
11 (Source: P.A. 88-680, eff. 1-1-95.)
12 (730 ILCS 175/45-100)
13 Sec. 45-100. Injunction. Upon request of the Director,
14 the Attorney General or the State's Attorney of the county in
15 which the violation occurred shall initiate injunction
16 proceedings whenever it appears that any person, group of
17 persons, corporation, or other entity is engaged or about to
18 engage in any acts or practices which constitute or will
19 constitute a violation of this Act or any rule or regulation
20 prescribed under this Act. Upon a proper showing, any circuit
21 court may enter a permanent or preliminary injunction or
22 temporary restraining order without bond to enforce this Act
23 or any rule or regulation prescribed under this Act in
24 addition to the penalties and other remedies provided in this
25 Act.
26 (Source: P.A. 88-680, eff. 1-1-95.)
27 (730 ILCS 175/45-105)
28 Sec. 45-105. Closure order. Whenever the Department
29 expressly finds that the continued operation of a secure
30 residential youth care facility jeopardizes the health,
31 safety, or welfare of youth served by the facility, the
32 Department shall issue an order of closure directing that the
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1 operation of the facility terminate immediately and, if
2 applicable, shall initiate revocation proceedings under
3 Section 45-80 within 10 working days. A facility closed under
4 this Section may not operate during the pendency of any
5 proceeding for the judicial review of the decision of the
6 Department to issue an order of closure or to revoke or
7 refuse to renew the license except under court order.
8 (Source: P.A. 88-680, eff. 1-1-95.)
9 (730 ILCS 175/45-110)
10 Sec. 45-110. Advertisement of services by licensed
11 facilities. A secure residential youth care facility licensed
12 or operating under a permit issued by the Department may
13 publish advertisements of the services for which it is
14 specifically licensed or issued a permit under this Act. No
15 person, unless licensed or holding a permit as a secure
16 residential youth care facility, may cause to be published
17 any advertisement soliciting youth for care or placement or
18 offering a youth for care or placement.
19 (Source: P.A. 88-680, eff. 1-1-95.)
20 (730 ILCS 175/45-115)
21 Sec. 45-115. Recordkeeping; confidentiality.
22 (a) Every secure residential youth care facility must
23 keep and maintain such records as the Department may
24 prescribe pertaining to the admission, progress, health, and
25 discharge of youth under the care of the facility and shall
26 report to the Department whenever requested upon forms
27 prescribed by the Department. All records regarding youth and
28 all facts learned about youth and their relatives must be
29 kept confidential both by the youth care facility and by the
30 Department.
31 (b) Nothing contained in this Act prevents the sharing
32 or disclosure of information or records relating or
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1 pertaining to juveniles subject to the provisions of the
2 Serious Habitual Offender Comprehensive Action Program when
3 that information is used to assist the early identification
4 and treatment of habitual juvenile offenders.
5 (Source: P.A. 88-680, eff. 1-1-95.)
6 (730 ILCS 175/45-120)
7 Sec. 45-120. Administrative Review Law. The
8 Administrative Review Law and the rules adopted under it
9 shall apply to and govern all proceedings for the judicial
10 review of final administrative decisions of the Department.
11 The term "administrative decision" is defined as in Section
12 3-101 of the Code of Civil Procedure.
13 (Source: P.A. 88-680, eff. 1-1-95.)
14 (730 ILCS 175/45-125)
15 Sec. 45-125. Violations.
16 (a) Any person, group of persons, association,
17 corporation, or other entity who:
18 (1) Conducts, operates or acts as a secure
19 residential youth care facility without a license or
20 permit to do so in violation of Section 45-15 of this
21 Act; or
22 (2) Makes materially false statements in order to
23 obtain a license or permit; or
24 (3) Fails to keep the records and make the reports
25 provided under this Act; or
26 (4) Advertises any service not authorized by
27 license or permit held; or
28 (5) Publishes any advertisement in violation of
29 this Act; or
30 (6) Violates any other provision of this Act or any
31 reasonable rule or regulation adopted and published by
32 the Department for the enforcement of the provisions of
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1 this Act;
2 is guilty of a Class A misdemeanor and in case of an
3 association, corporation, or other entity, imprisonment may
4 be imposed upon its officers who knowingly participated in
5 the violation.
6 (b) Any secure residential youth care facility that
7 continues to operate after its license is revoked under
8 Section 45-70 of this Act or after its license expires and
9 the Department refused to renew the license as provided in
10 Section 45-70 of this Act is guilty of a business offense and
11 shall be fined an amount in excess of $500 but not exceeding
12 $10,000, and each day of violation is a separate offense.
13 (Source: P.A. 88-680, eff. 1-1-95.)
14 (730 ILCS 175/45-190)
15 Sec. 45-190. Severability. The provisions of this Act
16 are severable under Section 1.31 of the Statute on Statutes.
17 (Source: P.A. 88-680, eff. 1-1-95.)
18 Section 45-900. The State Finance Act is amended by
19 re-enacting Section 5.400 as follows:
20 (30 ILCS 105/5.400)
21 Sec. 5.400. The Secure Residential Youth Care Facility
22 Fund.
23 (Source: P.A. 88-680, eff. 1-1-95; 89-626, eff. 8-9-96.)
24 Sec. 45-910. The Unified Code of Corrections is amended
25 by re-enacting Section 3-10-11 as follows:
26 (730 ILCS 5/3-10-11) (from Ch. 38, par. 1003-10-11)
27 Sec. 3-10-11. Transfers from Department of Children and
28 Family Services.
29 (a) If (i) a minor 10 years of age or older is
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1 adjudicated a delinquent under the Juvenile Court Act or the
2 Juvenile Court Act of 1987 and placed with the Department of
3 Children and Family Services, (ii) it is determined by an
4 interagency review committee that the Department of Children
5 and Family Services lacks adequate facilities to care for and
6 rehabilitate such minor and that placement of such minor with
7 the Department of Corrections, subject to certification by
8 the Department of Corrections, is appropriate, and (iii) the
9 Department of Corrections certifies that it has suitable
10 facilities and personnel available for the confinement of the
11 minor, the Department of Children and Family Services may
12 transfer custody of the minor to the Juvenile Division of the
13 Department of Corrections provided that:
14 (1) the juvenile court that adjudicated the minor a
15 delinquent orders the transfer after a hearing with
16 opportunity to the minor to be heard and defend; and
17 (2) the Assistant Director of the Department of
18 Corrections, Juvenile Division, is made a party to the
19 action; and
20 (3) notice of such transfer is given to the minor's
21 parent, guardian or nearest relative; and
22 (4) a term of incarceration is permitted by law for
23 adults found guilty of the offense for which the minor
24 was adjudicated delinquent.
25 The interagency review committee shall include a
26 representative from the Department of Children and Family
27 Services, a representative from the Department of
28 Corrections, and an educator and a qualified mental health
29 professional jointly selected by the Department of Children
30 and Family Services and the Department of Corrections. The
31 Department of Children and Family Services, in consultation
32 with the Department of Corrections, shall promulgate rules
33 governing the operation of the interagency review committee
34 pursuant to the Illinois Administrative Procedure Act.
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1 (b) Guardianship of a minor transferred under this
2 Section shall remain with the Department of Children and
3 Family Services.
4 (c) Minors transferred under this Section may be placed
5 by the Department of Corrections in any program or facility
6 of the Department of Corrections, Juvenile Division, or any
7 juvenile residential facility.
8 (d) A minor transferred under this Section shall remain
9 in the custody of the Department of Corrections, Juvenile
10 Division, until the Department of Corrections determines that
11 the minor is ready to leave its program. The Department of
12 Corrections in consultation with the Department of Children
13 and Family Services shall develop a transition plan and
14 cooperate with the Department of Children and Family Services
15 to move the minor to an alternate program. Thirty days
16 before implementing the transition plan, the Department of
17 Corrections shall provide the court with notice of the plan.
18 The Department of Corrections' custodianship of the minor
19 shall automatically terminate 30 days after notice is
20 provided to the court and the State's Attorney.
21 (e) In no event shall a minor transferred under this
22 Section remain in the custody of the Department of
23 Corrections for a period of time in excess of that period for
24 which an adult could be committed for the same act.
25 (Source: P.A. 88-680, eff. 1-1-95.)
26 Sec. 45-915. The Private Correctional Facility
27 Moratorium Act is amended by re-enacting Section 3 as
28 follows:
29 (730 ILCS 140/3) (from Ch. 38, par. 1583)
30 Sec. 3. Certain contracts prohibited. After the
31 effective date of this Act, the State shall not contract with
32 a private contractor or private vendor for the provision of
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1 services relating to the operation of a correctional facility
2 or the incarceration of persons in the custody of the
3 Department of Corrections; however, this Act does not apply
4 to (1) State work release centers or juvenile residential
5 facilities that provide separate care or special treatment
6 operated in whole or part by private contractors or (2)
7 contracts for ancillary services, including medical services,
8 educational services, repair and maintenance contracts, or
9 other services not directly related to the ownership,
10 management or operation of security services in a
11 correctional facility.
12 (Source: P.A. 88-680, eff. 1-1-95.)
13 ARTICLE 990
14 Sec. 990-1. Severability. The provisions of this Act
15 are severable under Section 1.31 of the Statute on Statutes.
16 ARTICLE 999
17 Sec. 999-1. Effective date. This Act takes effect upon
18 becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 730 ILCS 175/45-1
4 730 ILCS 175/45-5
5 730 ILCS 175/45-10
6 730 ILCS 175/45-15
7 730 ILCS 175/45-20
8 730 ILCS 175/45-25
9 730 ILCS 175/45-30
10 730 ILCS 175/45-35
11 730 ILCS 175/45-40
12 730 ILCS 175/45-45
13 730 ILCS 175/45-50
14 730 ILCS 175/45-52
15 730 ILCS 175/45-55
16 730 ILCS 175/45-60
17 730 ILCS 175/45-65
18 730 ILCS 175/45-70
19 730 ILCS 175/45-75
20 730 ILCS 175/45-80
21 730 ILCS 175/45-85
22 730 ILCS 175/45-90
23 730 ILCS 175/45-95
24 730 ILCS 175/45-100
25 730 ILCS 175/45-105
26 730 ILCS 175/45-110
27 730 ILCS 175/45-115
28 730 ILCS 175/45-120
29 730 ILCS 175/45-125
30 730 ILCS 175/45-190
31 30 ILCS 105/5.400
32 730 ILCS 5/3-10-11 from Ch. 38, par. 1003-10-11
33 730 ILCS 140/3 from Ch. 38, par. 1583