405 ILCS 25/ Specialized Living Centers Act.

(405 ILCS 25/1) (from Ch. 91 1/2, par. 601)

Sec. 1. Short title.) This Act shall be known and may be cited as the "Specialized Living Centers Act".

(Source: P.A. 79-970.)

(405 ILCS 25/2) (from Ch. 91 1/2, par. 602)

Sec. 2. Definitions. As used in this Act, unless the context otherwise requires, the terms specified in the following Sections preceding Section 3 have the meanings ascribed to them in those Sections.

(Source: P.A. 87-866.)

(405 ILCS 25/2.01) (from Ch. 91 1/2, par. 602.01)

Sec. 2.01. "Board" means the Capital Development Board of the State of Illinois created by the "Capital Development Board Act", approved July 10, 1972, as such Act may be now or hereafter amended.

(Source: P.A. 79-970.)

(405 ILCS 25/2.02) (from Ch. 91 1/2, par. 602.02)

Sec. 2.02. "Department" means the Department of Human Services, as successor to the Department of Mental Health and Developmental Disabilities.

(Source: P.A. 89-507, eff. 7-1-97.)

(405 ILCS 25/2.03) (from Ch. 91 1/2, par. 602.03)

Sec. 2.03. "Person with a developmental disability" means a person with a "developmental disability" as defined in Section 1-116 of the Mental Health and Developmental Disabilities Code.

(Source: P.A. 102-972, eff. 1-1-23.)

(405 ILCS 25/2.04) (from Ch. 91 1/2, par. 602.04)

Sec. 2.04. "Specialized living centers" means, for the purpose of this Act, an Intermediate Care Facility specializing in living arrangements for the person with a developmental disability providing a means by which they can reach their highest level of independent living.

(Source: P.A. 88-380.)

(405 ILCS 25/2.05) (from Ch. 91 1/2, par. 602.05)

Sec. 2.05. "Sponsoring authority" means any public entity except the State of Illinois or any Community Mental Health Board, and such term includes any not for profit private mental health agency, organization or association.

(Source: P.A. 79-970.)

(405 ILCS 25/2.06) (from Ch. 91 1/2, par. 602.06)

Sec. 2.06. "Durable, moveable equipment" means for the purposes of this Act all items of initial equipment, other than built-in equipment, which are necessary and appropriate for the functioning of a particular facility. Such equipment shall have an extended, useful life; not be consumed in use; and have an identity and function which will not be lost through incorporation into a more complex unit.

(Source: P.A. 79-1477.)

(405 ILCS 25/2.07) (from Ch. 91 1/2, par. 602.07)

Sec. 2.07. "Takeover entity" means any agency, organization or association, public or private, for profit or not-for-profit, qualified under the Department's rules and regulations to operate a facility for providing care or service to persons with developmental disabilities or mental illness and that agrees to provide that care or service.

(Source: P.A. 87-866.)

(405 ILCS 25/3) (from Ch. 91 1/2, par. 603)

Sec. 3. Department's powers and duties. The Secretary of the Department has the powers and shall perform the functions and duties specified in Sections 3.01 through 3.07 of this Act.

(Source: P.A. 89-507, eff. 7-1-97.)

(405 ILCS 25/3.01) (from Ch. 91 1/2, par. 603.01)

Sec. 3.01. The Department shall develop specifications for the establishment of specialized living centers to be located throughout the State. Such specifications shall provide that each such intermediate care facility shall serve not less than 50 nor more than 100 persons with a developmental disability.

(Source: P.A. 88-380.)

(405 ILCS 25/3.02) (from Ch. 91 1/2, par. 603.02)

Sec. 3.02. The Department shall forward such specifications as are required to be developed under Section 3.01 to any sponsoring authority requesting such specifications.

(Source: P.A. 79-970.)

(405 ILCS 25/3.03) (from Ch. 91 1/2, par. 603.03)

Sec. 3.03. The Department shall review the requests of any sponsoring authority for the establishment of a specialized living center to be located in the geographic region of such sponsoring authority. Review of requests shall be completed by the Department within 90 days of the receipt of any such request.

(Source: P.A. 79-970.)

(405 ILCS 25/3.04) (from Ch. 91 1/2, par. 603.04)

Sec. 3.04. The Department shall review all requests of all sponsoring authorities. In making its selection of sites for the establishment of specialized living centers, the Department shall give consideration to population density and distribution throughout the State, and select proposals representing, as nearly as practicable, all geographic regions of the State. If from the same geographic region of the State proposals are submitted by more than one sponsoring authority, in making its selection the Department shall consider: (i) the sponsoring authority which is located in the community with the largest number of persons with a developmental disability who would be eligible for the services rendered in these facilities, (ii) the access to and availability of social services to each sponsoring authority, (iii) the access to and availability of public transportation to each sponsoring authority. Upon selection of site proposals the Department shall forward its selections to the Capital Development Board for the consideration and review of such Board.

(Source: P.A. 88-380.)

(405 ILCS 25/3.05) (from Ch. 91 1/2, par. 603.05)

Sec. 3.05. The Department shall cooperate with the Capital Development Board in attaining the final selection of site proposals for the establishment of specialized living centers.

(Source: P.A. 79-970.)

(405 ILCS 25/3.06) (from Ch. 91 1/2, par. 603.06)

Sec. 3.06. The Department shall adopt and promulgate rules and regulations for the conduct, maintenance and operation of specialized living centers. The provisions of the Illinois Administrative Procedure Act are hereby expressly adopted and shall apply to all administrative rules and procedures of the Department under this Act, except that in case of conflict between the Illinois Administrative Procedure Act and this Act the provisions of this Act shall control, and except that Section 5-35 of the Illinois Administrative Procedure Act relating to procedures for rule-making does not apply to the adoption of any rule required by federal law in connection with which the Department is precluded by law from exercising any discretion.

(Source: P.A. 88-45.)

(405 ILCS 25/3.07) (from Ch. 91 1/2, par. 603.07)

Sec. 3.07. The Department may demand assurances by affidavit or other means of the financial stability of any sponsoring authority. The Department may demand assurances by affidavit or other means of the competence and good character of the individuals holding office in forming, representing or being affiliated with a sponsoring authority.

(Source: P.A. 79-970.)

(405 ILCS 25/4) (from Ch. 91 1/2, par. 604)

Sec. 4. Capital Development Board, powers and duties.) The Capital Development Board shall have the rights and exercise the powers and duties specified in Sections 4.01 through 4.04 of this Act.

(Source: P.A. 83-884.)

(405 ILCS 25/4.01) (from Ch. 91 1/2, par. 604.01)

Sec. 4.01. The Capital Development Board shall cooperate with and lend all such assistance as may be requested by the Department in the development of specifications and the selection of sites for the establishment of specialized living centers.

(Source: P.A. 79-970.)

(405 ILCS 25/4.02) (from Ch. 91 1/2, par. 604.02)

Sec. 4.02. The Capital Development Board shall, within 90 days after submission of such site proposals to the Board by the Department, make a final selection and determination of sites for the establishment of specialized living centers. The Capital Development Board shall be the final authority in the selection of such sites.

(Source: P.A. 79-970.)

(405 ILCS 25/4.03) (from Ch. 91 1/2, par. 604.03)

Sec. 4.03. The Capital Development Board, in the development of specialized living centers under this Act, shall comply with the requirements of the "Illinois Health Facilities Planning Act", approved August 27, 1974, as such Act may be now or hereafter amended.

(Source: P.A. 79-970.)

(405 ILCS 25/4.04) (from Ch. 91 1/2, par. 604.04)

Sec. 4.04. The Capital Development Board may acquire and accept gifts of land and may convey such land to sponsoring authorities of specialized living centers.

(Source: P.A. 87-866; 88-330.)

(405 ILCS 25/5) (from Ch. 91 1/2, par. 605)

Sec. 5. Sponsoring authorities, rights and duties.) A sponsoring authority has the rights and shall exercise the powers and functions specified in Sections 5.01 through 5.03 of this Act.

(Source: P.A. 79-970.)

(405 ILCS 25/5.01) (from Ch. 91 1/2, par. 605.01)

Sec. 5.01. Any sponsoring authority may request specifications from the Department for the establishment of specialized living centers. Upon receipt of such specifications from the Department a sponsoring authority may develop a detailed proposal for the establishment of a specialized living center for the person with a developmental disability. Such detailed proposal shall include the selection of a specific site for the location of a specialized living center and shall take into account and shall be based upon the specifications developed by the Department. A sponsoring authority shall have 90 days after receipt of specifications from the Department to develop a detailed proposal. After the expiration of such 90 day period the Department may, at its option, refuse to accept the submission of such proposal.

(Source: P.A. 88-380.)

(405 ILCS 25/5.02) (from Ch. 91 1/2, par. 605.02)

Sec. 5.02. A sponsoring authority may upon acceptance of its proposal for the establishment of a specialized living center and the construction of such facilities as may be required, receive such legal title to such land and buildings and such interest in moveable, durable equipment as are prescribed in Sections 6 and 7 of this Act. Upon the transfer of legal title and durable, moveable equipment to the sponsoring authority, such authority shall be subject to the rules and regulations adopted by the Department for the conduct, maintenance and operation of the specialized living center.

(Source: P.A. 79-1477.)

(405 ILCS 25/5.03) (from Ch. 91 1/2, par. 605.03)

Sec. 5.03. (Repealed).

(Source: Repealed by P.A. 88-330.)

(405 ILCS 25/6) (from Ch. 91 1/2, par. 606)

Sec. 6. Conveyance of title to or leasing of lands and buildings. Upon the completion of construction of all buildings and facilities of a specialized living center for persons with a developmental disability the Capital Development Board may convey to the sponsoring authority for nominal consideration a fee simple interest.

(Source: P.A. 87-866; 88-330; 88-380; 88-670, eff. 12-2-94.)

(405 ILCS 25/7) (from Ch. 91 1/2, par. 607)

Sec. 7. Lease of durable, moveable equipment. Upon conveyance of legal title to the sponsoring authority, the Capital Development Board may lease to the sponsoring authority for nominal consideration the initial durable, moveable equipment required for the operation of the Specialized Living Center in accordance with rules and regulations of the Department. The lease shall contain at minimum the covenants binding the sponsoring authority to maintain and repair the equipment and to maintain a perpetual inventory of the equipment. The interest in such equipment transferred under this Act to a sponsoring authority shall terminate upon the happening of any condition causing legal title to the land and building to revert to the Capital Development Board.

(Source: P.A. 79-1477.)