TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER V: ILLINOIS LAW ENFORCEMENT TRAINING AND STANDARDS BOARD
PART 1720 ILLINOIS POLICE TRAINING ACT
SECTION 1720.120 SUBMISSION AND REVIEW OF A COMPLAINT


 

Section 1720.120   Submission and Review of a Complaint

 

a)         A complaint shall be in the format outlined in Appendix B.  A complaint shall include identifying information about the complainant, the filing status of the complainant (i.e., defendant, police officer), information identifying the affected prosecution, the name of the police officer alleged to have committed perjury, a description of the alleged perjury, identifying information on other persons having knowledge of the perjury, and a certification by the complainant.

 

b)         The complaint must be signed.  An original complaint and 3 copies shall be filed at the following address:

 

Executive Director

Illinois Law Enforcement Training and Standards Board

600 South Second Street

Suite 300

Springfield, Illinois  62704-2542

 

c)         To be valid, a verified complaint must be filed within 2 years after a judgment of acquittal of the underlying murder prosecution.

 

d)         Within 5 working days after receipt of a verified complaint, the Director shall review the filing for completeness.  If the verified complaint does not meet all of the elements required for completeness as required by this Section and Appendix B, the document will be returned by certified mail, return receipt requested, to the person filing the verified complaint at the person's address contained in the verified complaint, specifying that the verified complaint is incomplete and listing the elements that must be completed for the verified complaint to be accepted for review.

 

e)         Within 30 days after receipt of a verified complaint that meets all of the requirements of this Part, the Director shall review the complaint and determine whether the complaint is frivolous and without merit or whether further investigation is warranted based upon the information submitted in the complaint.  The decision of the Director shall be based upon a determination that there is sufficient evidence to warrant an investigation of the complaint that a police officer, while under oath, has knowingly and willfully made false statements as to a material fact going to an element of the offense of murder.  The Director shall provide the complainant, at the address listed in the complaint, with written notice, by certified mail, return receipt requested, of his determination whether a complaint is deemed to be frivolous and without merit (and therefore dismissed) or whether the complaint warrants further investigation.  If the Director determines that a complaint warrants further investigation, then the police officer alleged to have committed perjury and the police officer's employing agency shall also be given written notice of the Director's determination.  Notification shall be by certified mail, return receipt requested, sent to the officer's and employing agency's last known address. Complaints and all documents related to the complaint may only be disclosed pursuant to the provisions of the Freedom of Information Act [5 ILCS 140].

 

f)         If the Director determines, after reviewing the verified complaint, that further investigation is warranted, the Director shall assign one or more task force investigators to conduct a fact-finding investigation and to write a report.  The Director shall submit the written report to the Illinois Labor Relations Board State Panel as required by the Act.

 

(Source:  Added at 28 Ill. Reg. 13537, effective September 23, 2004)