Current through Register Vol. 48, No. 12, March 22, 2024
a) Individuals may possess a reasonable
amount of personal property for personal use under the following conditions:
1) Possession and use of certain classes of
property may be restricted by the facility director when necessary to protect
the recipient or others from harm, provided that notice of such restriction
shall be given to all recipients upon admission so long as the restriction does
not otherwise conflict with the rights provided in this Section.
2) Upon arrival at the facility, the
individual's belongings will be inventoried and checked against the contraband
and restricted items list. Items that are contraband/restricted will not be
given to the individual. Staff shall notify the individual of the contraband
and restricted items and ask whether the items should remain in personal
storage or whether the item should be sent to a family member or friend. Staff
shall post a list of contraband and restricted items in a common area of the
unit.
3) Property must be approved
by the individual's treatment team prior to use. Any personal property that the
treatment team determines, in the exercise of its professional judgment, may
pose harm to the individual or to others shall be restricted. Property shall
not be restricted on political, philosophical or religious grounds. Property
intended as a medically reasonable accommodation of a known disability shall
not be restricted except when determined by a physician and the treatment team,
in exercise of the their professional judgment, that the accommodation may pose
harm to the individual or others. A restriction of rights shall be issued in
accordance with the Mental Health and Developmental Disabilities Code
[405 ILCS
5/2-201 ] within 48 hours. When the restriction of
rights is issued, the treatment team member shall inform the individual of
his/her ability to request a review under subsection (a)(5). The individual
will have the option of placing the personal property in storage or returning
it to its place of origin.
A) Personal
property approved by staff for usage by an individual may not be shared with
any other individual unless the second individual is approved for such usage in
accordance with this Section. Violation of this subsection (a)(3)(A) may result
in a restriction of rights, including loss of use of the shared property, as
determined by the treatment team exercising its professional
judgment.
B) Individuals may
request prior approval, in accordance with subsection (a)(3), from designated
staff for any property they intend to have sent to the facility or intend to
receive during visits with the family or friends, but are not required to seek
prior approval. Property that has not been submitted for prior approval must
nonetheless be approved, in accordance with subsection (a)(3) and comply with
all other Sections of this Part before an individual may have access to
it.
C) Once approved by the
treatment team, personal property must be inspected by designated facility
staff prior to entering the treatment unit. Items approved for possession by an
individual may be indelibly marked or identified as belonging to that
individual prior to entering the treatment unit.
D) Media and media storage devices, including
but not limited to print media, tapes, DVDs, CDs, video games and digital music
players (MP3 players, Ipods, etc.) and related items, shall be considered
personal property and are subject to this Section, except as noted in
subsection (c).
E) Computers,
peripherals and related items are covered by 59 Ill. Adm. Code 109.
4) Property maintained in each
individual's room must fit within available storage space. In addition to the
storage available in each individual's room, each individual will be permitted
a designated amount of storage for personal property and for clothing. The
facility may set limits on off-unit storage in accordance with the Mental
Health and Developmental Disabilities Code [405 ILCS
5/2-104 ]. Additional space may be made available for
storage of medically approved reasonable accommodations of a known
disability.
5) If an individual
does not agree with the decision of the treatment team concerning the
restriction of an item, the individual may request a review of that decision by
a clinician who is not part of the treatment team. Decisions concerning
contraband or items on the restricted list in subsection (a)(1) are not subject
to review.
A) All such requests shall be
forwarded to the facility director, or designee, who shall assign a clinician,
who is not part of the treatment team that made the decision, to review the
decision of the treatment team.
B)
The individual who requested the review shall have the opportunity to speak
with the clinician performing the review before a recommendation is issued. The
assigned clinician shall schedule to speak with the individual requesting the
review within 10 days after being assigned. If the individual does not wish to
speak, that position shall be noted in the recommendation.
C) Within two weeks after being assigned the
request to review, the clinician shall issue a recommendation, with a copy
going to the individual who requested the review and another going to the
treatment team. The treatment team shall evaluate the recommendation of the
clinician and review its decision.
b) Use and Possession of Individual Money in
State Operated Facilities
1) If an individual
chooses to keep personal funds for use, those funds shall be kept in accordance
with Section
110.20. If an
individual's personal funds are deposited in a facility-created trust fund
account, Quarterly Reports of Individual Trust Fund transactions that are
issued will be forwarded directly to the individual when issued. Treatment team
members may review Trust Fund transactions only upon good cause and the
approval of the facility director.
2) An individual may use his or her personal
funds as he or she chooses, provided the use of any property purchased complies
with subsection (a).
A) A facility may
monitor the outgoing purchases an individual makes only if that individual is
subject to a do not call/no contact list, an order of protection, or a relevant
restriction of rights issued pursuant to the Mental Health and Developmental
Disabilities Code [405 ILCS 5/2-201 ].
B) An individual's access to his or her
personal funds shall only be restricted if his or her treatment team makes a
professional clinical judgment that unrestricted access creates a harm to the
individual or others. If access is restricted, a restriction of rights notice
shall be completed in accordance with the Mental Health and Developmental
Disabilities Code [405 ILCS 5/2-201 ].
C) An individual shall be required to fill
out a withdrawal form before gaining use of his or her personal funds held
within the trust fund. The facility staff may, and should if requested, advise
the individual if property the individual intends to purchase is not likely to
be approved for use in accordance with subsection (a)(3), but prior approval
shall not be required before an individual may obtain use of his or her
personal funds.
D) If an individual
withdraws all, or substantially all, of the money in the trust fund at one
time, the treatment staff shall be immediately notified. The facility director
may establish a minimal amount that may be withdrawn at one time that will not
require notice to the treatment staff notwithstanding the notification
requirement.
3)
Individuals may use funds at facility vending machines and/or commissaries
where available. Facilities may offer a debit card or other system for such
purposes.
c) Media Usage
1) For the purpose of this Section, "media"
means print media (e.g., newspapers, magazines, books, etc.), audio media
(e.g., records, cassette tapes, compact discs, etc.), visual media (e.g., video
tapes, video games and associated paraphernalia, DVDs, blank media (blank tape
cassettes, blank video tapes, blank compact disks, etc.), and media storage
devices (e.g., MP3 players, Ipods, etc.), digital audio files (e.g., MP3 files,
iTunes, etc.), and related items. Media is a type of property and subject to
the provisions of this Section.
2)
DVD/CD/Video Game Usage
A) Individual Use:
Personal property approved by staff for usage by an individual may not be
shared with any other individual unless the second individual is approved for
such usage in accordance with subsection (a)(3).
B) Group Use: Facility staff may allow DVD/CD
usage for group display/usage. In such cases, the unit director shall exercise
his or her professional clinical judgment to determine appropriate DVD/CD
usage, taking into account the risk of harm to all possible users.
C) DVDs or video tapes shall not be
categorically restricted on the basis of their Motion Picture Association
Rating. Individuals shall be able to possess DVDs with PG-13 and R-ratings
without restriction unless an individualized professional clinical judgment is
made in accordance with subsection (a)(3).
D) CDs with a "Parental Advisory" warning
label on them shall not be categorically restricted. Individuals shall be able
to possess CDs without restriction unless an individualized professional
clinical judgment is made in accordance with subsection (a)(3).
E) Video games shall not be categorically
restricted on the basis of their Entertainment Software Ratings Board (ESRB)
rating. Individuals shall be able to possess video games without restriction
unless an individualized professional clinical judgment is made in accordance
with subsection (a)(3).
3) Facility staff may only inspect the
contents of an individual's media pursuant to subsection (a)(3).
A) CDs/DVDs can be restricted under
subsection (a)(1) only if there is a facility wide determination that CDs/DVDs
are dangerous objects, irrespective of their content.
B) The facility director may not impose an
across the board restriction on the possession and use of media based on its
content unless that content violates the law.
d) Contraband
Notwithstanding any other Section of this Part, any property
that is determined to be contraband shall not be allowed in any State operated
facility.
1) Contraband includes:
Alcoholic beverages, any drug not dispensed by the facility, firearms,
explosives, and weapons.
2)
Contraband items shall be confiscated by staff of the security department and
turned over to the proper authorities or destroyed.
3) "Burned" CDs/DVDs and second-hand CDs/DVDs
shall not be listed as contraband or restricted items, except as provided under
subsection (a)(3) or (c)(3)(A). Individuals shall be allowed to possess such
items in accordance with subsection (a)(3).
4) Sexually explicit material shall not be
listed as a contraband item. An individual's access to such materials may be
restricted in accordance with subsection (a)(3). Public display or sharing of
sexually explicit materials may result in the confiscation and restriction of
those items as provided in subsection (a)(3).
e) Restrictions on an individual's right to
possess personal property shall not be imposed as punishment, in response to an
individual declining to take medication, or in response to a failure to undergo
other treatment recommended by an individual's treatment team. However, if an
individual's clinical situation changes, the individual's treatment team may
reconsider the possession of property in accordance with this
Section.
f) This Section applies to
all adult individuals admitted to a Department mental health
facility.
g) The facility director
shall conduct training on this Section at least once a year and a written
record of such training will be made.