Illinois Department of Human Services improperly redacted mental health policy under 7(1)(e)

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Dear and Mr. Mulcrone:

This determination is issued pursuant to section 9. 5( 0 of the Freedom of Information Act ( FOIA) ( 5 ILCS 140/ 9. 5( 0 ( West 2016)). For the reasons that follow, the Public Access Bureau concludes that the Illinois Department of Human Services ( Department) improperly redacted certain records responsive to December 12, 2017 FOIA request.

On December 12, 2017, submitted a FOIA request to the Department seeking copies of twelve Elgin Mental Health Center and Forensic Treatment Program policies and one of its policy indexes. On January 9, 2018, the Department provided with ten of the requested policies but redacted certain information from policy 2731 and 2735 pursuant to section 7( 1)( e) of FOIA ( 5 ILCS 140/ 7( 1)( e) ( West 2016), as amended by Public Act 100- 026, effective August 4, 2017; 100- 201, effective August 18, 2017). On January 24, 2018, submitted this Request for Review disputing the denial of 1) the " FTP policy index"; ( 2) " Ppm 1703 Medication and Ppm 3510 Interpersonal relations between staff and patients(;]" and ( 3) Ppm 2735 Incident reporting of allegations of abuse and neglect." I On February 23, 2018, this office sent a copy of the Request for Review to the Department and asked it to provide unredacted copies of the records that it redacted or withheld pursuant to section 7( 1)( e) for our confidential review. This office also requested a detailed explanation of the factual and legal bases for the assertion of section 7( 1)( e). On March 6, 2018, the Department provided this office with unredacted copies of the records at issue and its written answer. In this response, the Department acknowledged that it originally failed to send a copy of the Elgin Mental Health Center Forensic Treatment Program Policy Index. That same day, DHS provided with this document as well as a copy of policy 3510 and a redacted version of policy 1703. On April 23, 2018, this office forwarded a copy of DHS' response letter to he did not reply.

DETERMINATION

All public records in the possession or custody of a public body are " presumed to be open to inspection or copying." 5 ILCS 140/ 1. 2 ( West 2018); see also Southern Illinoisan v. Illinois Dept. ofPublic Health, 218 Ill. 2d 390, 415 ( 2006). A public body " has the burden of proving by clear and convincing evidence" that a record is exempt from disclosure. 5 ILCS 140/ 1. 2 ( West 2018).

to the security and safety of Elgin Mental Health Center under Section 7( 1)( e) of FOIA. 121 Section 7( 1)( e) of FOIA encompasses detention facilities as well as correctional institutions such as prisons. Even though Elgin Mental Health Center does operate as a hospital, it detains patients pursuant to court orders and therefore unquestionably serves as a detention facility for forensic patients; the plain language of section 7( 1)( e) does not restrict its applicability to facilities run solely by the Illinois Department of Corrections. See Ill. Att' y Gen. PAC Req. Rev. Ltr. 35184, issued July 22, 2015, at 2 ( treatment center that detains individuals under civil commitment orders constitutes a detention facility for purposes of section 7( 1)( e) of FOIA).

In it response to this office, the Department stated that the redacted information contains details about searching for weapons and contraband, procedures for responding to criminal activity, serious incidents and resident deaths, and the locations of psychotropic medications and procedures for validating medication orders. The Department asserted that all of the redacted information directly relates to security and that disclosure of the information would endanger security by enabling patients' to evade detection of weapons and contraband, frustrate investigations, and gain unauthorized access to medications.

This office has reviewed the redacted portions of the requested policies, which contain detailed information of how the Elgin Mental Health Center conducts contraband searches, the location and security of controlled substances within the facility, and measures taken by staff in response to certain types of incidents. Our office agrees with the Department that the polices on conducting contraband searches and the location and security of controlled substances within the facility fall within the scope of section 7( 1)( e) of FOIA. Disclosure of this detailed information about how the Department searches for contraband and secures medications would provide insights that detainees could be used to undermine the security of the Elgin Mental Health Center. Therefore, this office concludes that the Department has sustained its burden of demonstrating that information redacted from these two policies is exempt from disclosure under section 7( 1)( e) of FOIA.

However, the redacted portions of the policy on how staff responds to certain types of incidents consists of general information about routine steps such as gathering information and evidence and contacting certain employees or agencies. Unlike the redacted portions of the two other policies, the redacted portions of this policy do not appear to contain specific details of confidential procedures that could be exploited by patients to jeopardize the security of the Elgin Mental Health Center. Accordingly, this office concludes that the Department has not met its burden of demonstrating that the redacted portions of this policy are exempt from disclosure under section 7( 1)( e) of FOIA.

In accordance with the conclusions expressed in this letter, this office requests that the Department provide with an unredacted copy of policy 2735. The Public Access Counselor has determined that resolution of this matter does not require the issuance of a binding opinion. This letter serves to close this file. Please contact me at ( 312) 814- 5383 or the Chicago address on the first page of this letter if you have any questions.

Very truly your, CHRISTINA M. LUCENTE- MCCULLOUGH Assistant Attorney General Public Access Bureau