Section 299.650  Assignment to Temporary Special Management Status

a)         The Program Director shall determine whether it is necessary to temporarily assign the resident to Special Management Status in accord with this Section, pending a review of the incident report.  The decision to place a resident in Temporary Special Management Status (TSMS) may be based, among other matters, on:

1)         The aggressiveness of the Resident;

2)         The threat posed to the safety and security of the facility;

3)         The need to restrict the Resident's access to the general population to protect him or her or others from injury or to conduct the review; and/or

4)         The seriousness of the rule violation.

b)         Residents placed on TSMS may be housed in their rooms, or living areas, or any other area of the facility designated by the Program Director.

c)         Behavior Committee Determination

1)         The Behavior Committee shall review the decision to temporarily assign a resident to Special Management Status within two working days, whenever possible, and may:

A)        Continue the reassignment pending further investigation.  Continued reassignment shall be reviewed within two working days, whenever possible.  The Program Director will be notified whenever the resident's temporary reassignment has been continued;

B)        Determine that the documented allegations do not meet the threshold for continuation on Special Management Status and return the resident to his/her prior management status;

C)        Determine that the resident did engage in the reported rule violations and reassign the resident to Special Management Status; or

D)        Determine that the resident did engage in the reported misconduct and reassign the resident to a management status that provides appropriate management, treatment and privileges relative to the resident's needs.

2)         Among other matters, the factors listed in subsection (a) may be considered by the Committee in arriving at its decision.

d)         A resident who has pending charges from a criminal offense arising from Program rule violations may remain in Special Management Status and be housed in any area designated by the Program Director as a special management area of the facility.

(Source:  Amended at 44 Ill. Reg. 8246, effective April 28, 2020)