(730 ILCS 175/45-25)
Sec. 45-25.
Criminal background investigations.
The Department shall
require that each secure residential youth care facility license applicant
as part of the
application process, and each employee of a facility as a condition of
employment, authorize an investigation to determine if the
applicant or employee has ever been charged with a crime and, if so, the
disposition of those charges. The authorization shall indicate the scope of
the inquiry and the agencies that may be contacted. Upon receiving an
authorization, the Director may request and receive information and
assistance from any federal, State, or local governmental agency as part of
the authorized investigation. The Department of State Police shall provide
information concerning any criminal charges, and their disposition, now or
hereafter filed, against an applicant or facility employee upon
request of the Department when the request
is made in the form and manner required by the Department of State Police.
Information concerning convictions of a license applicant investigated
under this Section, including the source of the information and any
conclusions or recommendations derived from the information, shall be
provided, upon written request, to the applicant before final action by the
Department on the application. Information on convictions of employees
or prospective employees of facilities licensed under this Act
shall be provided to the operator of the facility, and, upon written request,
to
the employee or prospective employee. Information concerning criminal
charges and the disposition of charges obtained by the Department
shall be confidential and may not be transmitted outside the Department,
except as required by this Section, and may not be transmitted to anyone within
the
Department except as needed for the purpose of evaluating an application or
a facility employee. Only information and standards that bear a
reasonable and rational relation to the performance of a facility shall be used
by the Department or any licensee. Any employee of
the Department, Department of State Police,
or a facility receiving confidential information under this
Section who gives or causes to be given any confidential information
concerning any criminal convictions of a facility applicant or
facility employee is guilty of a Class A misdemeanor
unless release of that information is authorized by this Section.
(Source: P.A. 88-680, eff. 1-1-95.)
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