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TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES PART 299 SEXUALLY VIOLENT PERSONS SECTION 299.350 SECURITY
Section 299.350 Security
a) Use of Force
1) Force shall be employed only as a last resort or when other means are unavailable or inadequate, and only to the degree reasonably necessary to achieve a permitted purpose. Department staff shall not employ deadly force.
2) Use of force shall be terminated as soon as force is no longer necessary.
3) Medical screening and/or care shall be conducted following any use of force that results in bodily injury.
4) Any form of punishment is prohibited.
b) Force may be used under the following circumstances:
1) To compel compliance with a lawful order given by an employee to ensure the safety and security of the facility.
2) To protect oneself or any other person from physical assaults, injury or death.
3) To prevent escapes from the facility or from the custody of employees in the community.
4) To protect State property or the property of others from unauthorized use, possession, damage or destruction.
5) To prevent or suppress a riot, revolt, mutiny or insurrection, or other serious disturbance.
6) To compel compliance with all orders issued pursuant to the Act.
c) Training Training in procedures for use of force shall be conducted for all security employees, along with yearly reviews.
d) Movement of Residents
1) Handcuffs, security belts and/or leg irons may be used to restrain any resident when:
A) A person confined pending a review of an incident or in Special Management Status (see Sections 299.650 and 299.690) is moved within the facility;
B) A resident is transported outside the facility; or
C) Determined by the Program Director to be necessary for safety and/or security.
2) The Program Director has ultimate authority regarding the advisability of all writ transportation. Any writ that poses a safety and/or security concern (e.g., due to inclement weather, facility lockdown, or other circumstances) may be cancelled upon direction of the Program Director.
e) Response to Serious Disturbances
1) The Program Director may confine residents temporarily in all or part of the facility when determined necessary in order to maintain security of the facility or for the safety of residents, employees or other persons.
2) The decision to impose a temporary facility confinement shall be reviewed and approved by the Program Administrator, whenever possible, prior to the imposition of the temporary facility confinement, but in any event, promptly thereafter.
3) Continuation of the temporary facility confinement shall be reviewed every 7 days by the Program Director and the Program Administrator.
f) Searches for Contraband
1) Searches of Visitors
A) All persons and items brought onto State property are subject to search. Prominent notices to this effect shall be posted at each facility.
B) A visitor may refuse to submit to a search. However, failure to submit to a search may result in denial, suspension or restriction of visiting privileges.
2) Searches of Residents
A) All residents and their clothing, property, housing and task assignments are subject to search at any time.
B) All residents are subject to testing for alcohol or substance use, including but not limited to urinalysis.
(Source: Amended at 44 Ill. Reg. 8246, effective April 28, 2020) |