Section 1570.10  Purpose and Authorization

 

Pursuant to the Illinois Uniform Conviction Information Act (20 ILCS 2635] ("the Act), the Illinois Criminal Justice Information Authority is charged with the responsibility of establishing the form, manner and maximum fee that criminal justice agencies other than the Department of State Police may charge for assisting in the processing of requests for conviction information under the Act.  These rules describe the procedure to be followed by a criminal justice agency in processing a request for conviction information under the Act and the method for establishing the fee to be charged for providing such assistance.

 

Section 1570.20  Definitions

 

Terms used in this Part have the meaning ascribed to them in the Act.  In addition, unless the context otherwise requires, the following terms have the meaning ascribed to them herein:

 

"Authority" means the Illinois Criminal Justice Information Authority.

 

"CIR Form" means the Conviction Information Request Form adopted by the Department of State Police (20 Ill. Adm. Code 1215) for requesting information under the Act.

 

"Individual record subject" means the person whose fingerprints are being taken pursuant to a request to obtain conviction information under the Act.

 

Section 1570.30  Form and Manner for Assisting in the Processing of Conviction Information

 

a)         A criminal justice agency that assists in the processing of criminal conviction information requests pursuant to the Act shall do so as follows:

 

1)         Provide such assistance, at a minimum, during its regular business hours, Monday through Friday, excluding holidays.

 

2)         Verify the identity of the individual record subject.  In making this verification, the agency shall require at least two forms of identification, one of which shall be a photographic identification. Acceptable photographic identification shall be of a nature that cannot easily be forged, such as valid passports or driver's licenses, identification cards issued by the Secretary of State, or military or other photographic identification of a similar reliability.

 

3)         After verification of the identity of the individual record subject, the personnel of the criminal justice agency shall fingerprint the record subject on a CIR Form.  It shall be the responsibility of the requester to obtain such form from the Department of State Police.

 

4)         The criminal justice agency shall review the CIR Form to verify that it is accurately completed, as appropriate, by the requester, in conformance with the requirements of the Department of State Police.

 

5)         The criminal justice agency may charge the requester a fee pursuant to Section 1570.40.

 

6)         The criminal justice agency shall return the CIR Form to the requester, who shall be responsible for mailing it to the Department of State Police.

 

b)         A local criminal justice agency that does not assist in processing a request for conviction information pursuant to the Act shall inform the requester that the conviction information sought can be obtained directly from the Department of State Police at the following address or phone number:

 

Illinois State Police

Bureau of Identification

260 North Chicago St.

Joliet, Illinois 60431

Telephone number:  (815) 740-5160

 

Section 1570.40  Cost Criteria for the Fee to be Charged

 

a)         The Authority shall establish the maximum fee that may be charged by criminal justice agencies other than the Department of State Police for assisting in the processing of requests for conviction information made pursuant to the Act.  This fee shall be based on a reasonable estimate of the actual costs to participating criminal justice agencies throughout the State to comply with these rules.

 

b)         In establishing the maximum fee that a criminal justice agency other than the Department of State Police may charge, the Authority shall consider the following criteria:

 

1)         Personnel Costs.  The fee charged shall include all personnel costs necessary to assist in the processing of the request forms.  Such costs shall include time allocated for:

 

A)        Giving instructions to the requester,

 

B)        Fingerprinting the individual record subject,

 

C)        Reviewing the CIR Form,

 

D)        Processing the fee, and

 

E)        Supervising and training personnel to comply with these rules.

 

2)         Tangible Costs.  The fee charged shall include all expenses incurred by a criminal justice agency other than the Department of State Police which are directly attributable to assisting in the processing of requests for conviction information.  Such costs shall include, as may be appropriate, the cost for:

 

A)        Fingerprinting materials and supplies such as ink, rollers, cleaning fluids, and towels, and

 

B)        Telecommunications services.

 

Section 1570.50  Fee Determination

 

a)         Pursuant to Section 1570.40, the Authority shall establish the maximum fee for each calendar year by September 30 of the preceding year.  In establishing this fee amount, the Authority shall consult with representatives of criminal justice agencies, and representatives of municipal, civic, and business groups to:

 

1)         establish a reasonable estimate of the actual costs to participating criminal justice agencies throughout the State to comply with this Part, and

 

2)         determine if there would be an unreasonable negative impact or undue burden placed on requesters of conviction information.

 

b)         Pursuant to the Act, nothing herein shall be deemed to prevent a criminal justice agency from waiving or reducing the fee established pursuant to Section 1570.40.

 

c)         For the calendar year 2005 and each year thereafter, the maximum fee established by the Authority that a criminal justice agency other than the Department of State Police may charge and assess under this Part shall be $24.

 

(Source:  Amended at 29 Ill. Reg. 6907, effective May 1, 2005)

 

Section 1570.60  Notification of Fee Amount

 

a)         Within seven working days after the fee has been established for a calendar year, the Authority shall inform the chief executive officer of each criminal justice agency in Illinois of the amount of the fee.  However, notice of the fee for a calendar year shall be given no later than December 15th of the preceding calendar year.

 

b)         Other interested agencies, organizations, and the public shall, upon request, also be entitled to be informed of the amount of the fee set by the Authority.  Within 7 working days after receipt of such a request, the Executive Director of the Authority shall inform the requester of the fee approved by the Authority. Requests for notification of the fee amount may be made by calling the Authority at (312)793-8550 or TDD (312)793-4170 between 8:30 a.m. and 5:00 p.m. on working days or by writing to:

 

Executive Director

Illinois Criminal Justice Information Authority

120 South Riverside Plaza

Chicago, Illinois 60606