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Public Act 102-0756 |
HB4736 Enrolled | LRB102 24374 RJF 33608 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Article 1. |
Section 1-1. Short title. This Article may be cited as the |
Crime Reduction Task Force Act. References in this Article to |
"this Act" mean this Article. |
Section 1-5. Crime Reduction Task Force; creation; |
purpose. The Crime Reduction Task Force is created. The |
purpose of the Task Force is to develop and propose policies |
and procedures to reduce crime in the State of Illinois. |
Section 1-10. Task Force members.
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(a) The Crime Reduction Task Force shall be composed of |
the following members: |
(1) two State Senators, appointed by the President of |
the Senate; |
(2) two State Representatives, appointed by the |
Speaker of the House of Representatives;
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(3) two State Senators, appointed by the Minority |
Leader of the Senate; |
(4) two State Representatives, appointed by the |
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Minority Leader of the House of Representatives; |
(5) the Director of the Illinois State Police, or his |
or her designee; |
(6) the Attorney General, or his or her designee; |
(7) a retired judge, appointed by the Governor; |
(8) a representative of a statewide association |
representing State's Attorneys, appointed by the Governor; |
(9) a representative of a statewide association |
representing public defenders, appointed by the Governor; |
(10) the executive director of a statewide association |
representing county sheriffs or his or her designee, |
appointed by the Governor; |
(11) the executive director of a statewide association |
representing chiefs of police, appointed by the Governor; |
(12) a representative of a statewide organization |
protecting civil liberties, appointed by the Governor; |
(13) two justice-involved members of the public, |
appointed by the Governor; |
(14) four justice-involved members of the public, |
appointed one each by the President of the Senate, Speaker |
of the House of Representatives, Minority Leader of the |
Senate, and Minority Leader of the House of |
Representatives; |
(15) one member representing a statewide organization |
of municipalities as authorized by Section 1-8-1 of the |
Illinois Municipal Code, appointed by the Governor; |
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(16) a representative of an organization supporting |
crime survivors, appointed by the Governor; |
(17) a representative of an organization supporting |
domestic violence survivors, appointed by the Governor; |
(18) the Executive Director of the Sentencing Policy |
Advisory Council, or his or her designee; and |
(19) one active law enforcement officer, appointed by |
the Governor. |
As used in this Act, "justice-involved" means having had |
interactions with the criminal justice system as a defendant, |
victim, or witness or immediate family member of a defendant, |
victim, or witness. |
(b) The President of the Senate and the Speaker of the |
House shall appoint co-chairpersons for the Task Force. The |
Task Force shall have all appointments made within 30 days of |
the effective date of this Act. |
(c) The Illinois Criminal Justice Information Authority |
shall provide administrative and technical support to the Task |
Force and be responsible for administering its operations and |
ensuring that the requirements of the Task Force are met. The |
members of the Task Force shall serve without compensation. |
Section 1-15. Meetings; report. |
(a) The Task Force shall meet at least 4 times with the |
first meeting occurring within 60 days after the effective |
date of this Act. |
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(b) The Task Force shall review available research and |
best practices and take expert and witness testimony. |
(c) The Task Force shall produce and submit a report |
detailing the Task Force's findings, recommendations, and |
needed resources to the General Assembly and the Governor on |
or before March 1, 2023.
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Section 1-20. Repeal. This Act is repealed on March 1, |
2024. |
Article 2. |
Section 2-85. The Illinois State Police Law of the
Civil |
Administrative Code of Illinois is amended by changing Section |
2605-51 as follows:
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(20 ILCS 2605/2605-51)
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Sec. 2605-51. Division of the Academy and Training. |
(a) The Division of the Academy and Training shall |
exercise, but not be limited to, the following functions: |
(1) Oversee and operate the Illinois State Police |
Training Academy. |
(2) Train and prepare new officers for a career in law |
enforcement, with innovative, quality training and |
educational practices. |
(3) Offer continuing training and educational programs |
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for Illinois State Police employees. |
(4) Oversee the Illinois State Police's recruitment |
initiatives. |
(5) Oversee and operate the Illinois State Police's |
quartermaster. |
(6) Duties assigned to the Illinois State Police in |
Article 5, Chapter 11 of the Illinois Vehicle Code |
concerning testing and training officers on the detection |
of impaired driving. |
(7) Duties assigned to the Illinois State Police in |
Article 108B of the Code of Criminal Procedure. |
(b) The Division of the Academy and Training shall |
exercise the rights, powers, and duties vested in the former |
Division of State Troopers by Section 17 of the Illinois State |
Police Act. |
(c) Specialized training. |
(1) Training; cultural diversity. The Division of the |
Academy and Training shall provide training and continuing |
education to State police officers concerning cultural |
diversity, including sensitivity toward racial and ethnic |
differences. This training and continuing education shall |
include, but not be limited to, an emphasis on the fact |
that the primary purpose of enforcement of the Illinois |
Vehicle Code is safety and equal and uniform enforcement |
under the law. |
(2) Training; death and homicide investigations. The |
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Division of the Academy and Training shall provide |
training in death and homicide investigation for State |
police officers. Only State police officers who |
successfully complete the training may be assigned as lead |
investigators in death and homicide investigations. |
Satisfactory completion of the training shall be evidenced |
by a certificate issued to the officer by the Division of |
the Academy and Training. The Director shall develop a |
process for waiver applications for officers whose prior |
training and experience as homicide investigators may |
qualify them for a waiver. The Director may issue a |
waiver, at his or her discretion, based solely on the |
prior training and experience of an officer as a homicide |
investigator. |
(A) The Division shall require all homicide |
investigator training to include instruction on |
victim-centered, trauma-informed investigation. This |
training must be implemented by July 1, 2023. |
(B) The Division shall cooperate with the Division |
of Criminal Investigation to develop a model |
curriculum on victim-centered, trauma-informed |
investigation. This curriculum must be implemented by |
July 1, 2023. |
(3) Training; police dog training standards. All |
police dogs used by the Illinois State Police for drug |
enforcement purposes pursuant to the Cannabis Control Act, |
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the Illinois Controlled Substances Act, and the |
Methamphetamine Control and Community Protection Act shall |
be trained by programs that meet the certification |
requirements set by the Director or the Director's |
designee. Satisfactory completion of the training shall be |
evidenced by a certificate issued by the Division of the |
Academy and Training. |
(4) Training; post-traumatic stress disorder. The |
Division of the Academy and Training shall conduct or |
approve a training program in post-traumatic stress |
disorder for State police officers. The purpose of that |
training shall be to equip State police officers to |
identify the symptoms of post-traumatic stress disorder |
and to respond appropriately to individuals exhibiting |
those symptoms. |
(5) Training; opioid antagonists. The Division of the |
Academy and Training shall conduct or approve a training |
program for State police officers in the administration of |
opioid antagonists as defined in paragraph (1) of |
subsection (e) of Section 5-23 of the Substance Use |
Disorder Act that is in accordance with that Section. As |
used in this Section, "State police officers" includes |
full-time or part-time State police officers, |
investigators, and any other employee of the Illinois |
State Police exercising the powers of a peace officer. |
(6) Training; sexual assault and sexual abuse. |
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(A) Every 3 years, the Division of the Academy and |
Training shall present in-service training on sexual |
assault and sexual abuse response and report writing |
training requirements, including, but not limited to, |
the following: |
(i) recognizing the symptoms of trauma; |
(ii) understanding the role trauma has played |
in a victim's life; |
(iii) responding to the needs and concerns of |
a victim; |
(iv) delivering services in a compassionate, |
sensitive, and nonjudgmental manner; |
(v) interviewing techniques in accordance with |
the curriculum standards in this paragraph (6); |
(vi) understanding cultural perceptions and |
common myths of sexual assault and sexual abuse; |
and |
(vii) report writing techniques in accordance |
with the curriculum standards in this paragraph |
(6). |
(B) This training must also be presented in all |
full and part-time basic law enforcement academies. |
(C) Instructors providing this training shall have |
successfully completed training on evidence-based, |
trauma-informed, victim-centered responses to cases of |
sexual assault and sexual abuse and have experience |
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responding to sexual assault and sexual abuse cases. |
(D) The Illinois State Police shall adopt rules, |
in consultation with the Office of the Attorney |
General and the Illinois Law Enforcement Training |
Standards Board, to determine the specific training |
requirements for these courses, including, but not |
limited to, the following: |
(i) evidence-based curriculum standards for |
report writing and immediate response to sexual |
assault and sexual abuse, including |
trauma-informed, victim-centered interview |
techniques, which have been demonstrated to |
minimize retraumatization, for all State police |
officers; and |
(ii) evidence-based curriculum standards for |
trauma-informed, victim-centered investigation |
and interviewing techniques, which have been |
demonstrated to minimize retraumatization, for |
cases of sexual assault and sexual abuse for all |
State police officers who conduct sexual assault |
and sexual abuse investigations. |
(7) Training; human trafficking. The Division of the |
Academy and Training shall conduct or approve a training |
program in the detection and investigation of all forms of |
human trafficking, including, but not limited to, |
involuntary servitude under subsection (b) of Section 10-9 |
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of the Criminal Code of 2012, involuntary sexual servitude |
of a minor under subsection (c) of Section 10-9 of the |
Criminal Code of 2012, and trafficking in persons under |
subsection (d) of Section 10-9 of the Criminal Code of |
2012. This program shall be made available to all cadets |
and State police officers. |
(8) Training; hate crimes. The Division of the Academy |
and Training shall provide training for State police |
officers in identifying, responding to, and reporting all |
hate crimes.
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(Source: P.A. 102-538, eff. 8-20-21.)
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Section 2-90. The Illinois Criminal Justice Information |
Act is amended by adding Section 7.10 as follows: |
(20 ILCS 3930/7.10 new) |
Sec. 7.10. Grant program. Subject to appropriation, the |
Illinois Criminal Justice Information Authority shall |
establish a grant program for organizations and units of local |
government for the purposes of providing a tip hotline or |
other system for crime victims and witnesses that: |
(1) allows the callers or participants to remain |
anonymous; and |
(2) provides cash rewards for tips that lead to |
arrest. |
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Section 2-93. The Illinois Municipal Code is amended by |
adding Division 1.5 of Article 11 as follows: |
(65 ILCS 5/Art. 11 Div. 1.5 heading new) |
DIVISION 1.5. |
CO-RESPONDER PILOT PROGRAM |
(65 ILCS 5/11-1.5-5 new) |
Sec. 11-1.5-5. Definitions. As used in this Section: |
"Department" means the East St. Louis Police Department, |
the Peoria Police Department, the Springfield Police |
Department, or the Waukegan Police Department. |
"Social Worker" means a licensed clinical social worker or |
licensed social worker, as those terms are defined in the |
Clinical Social Work and Social Work Practice Act. |
"Station adjustment" has the meaning given to that term in |
Section 1-3 of the Juvenile Court Act of 1987. |
"Unit" means a co-responder unit created under this |
Division. |
(65 ILCS 5/11-1.5-10 new) |
Sec. 11-1.5-10. Establishment; responsibilities; focus. |
(a) Each department shall establish, subject to |
appropriation, a co-responder unit no later than 6 months |
after the effective date of this amendatory Act of the 102nd |
General Assembly, including the hiring of personnel as |
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provided in this Division. |
(b) Along with the duties described in Sections 11-1.5-15 |
and 11-1.5-20, the unit's social workers are responsible for |
conducting follow-up visits for victims who may benefit from |
mental or behavioral health services. The unit shall utilize |
community resources, including services provided through the |
Department of Human Services and social workers in juvenile |
and adult investigations, to connect individuals with |
appropriate services. |
(c) The unit's primary area of focus shall be victim |
assistance. |
(65 ILCS 5/11-1.5-15 new) |
Sec. 11-1.5-15. Duties. The duties of the unit include, |
but are not limited to: |
(1) Serving as a resource to a department's community |
to identify and coordinate the social services available |
to residents who are victims of criminal acts. |
(2) Networking with area social service agencies to |
develop a community-mutual resource system and wrap-around |
services (a team-based, collaborative case management |
approach) for victims in need of social service |
assistance; and fostering relationships with community |
organizations not limited to area hospitals, school |
districts, juvenile justice system, and various community |
groups. |
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(3) Employing social workers of the unit who shall: |
(A) Upon request, provide community presentations |
on an array of social service topics. |
(B) Assist individuals in diversion from the |
criminal justice system by addressing problems or |
concerns through therapeutic intervention. |
(C) Facilitate follow-up treatment or referral to |
the appropriate community resource organization. |
(D) When requested, assist department employees in |
securing services for those in need and provide |
educational information to help the employee better |
understand the circumstances or the community concern. |
(E) Meet with walk-ins requesting information or |
assistance. |
(F) Protect the interest, confidentiality, and |
civil rights of the client. |
(G) Train social work interns who may be working |
within the unit. |
(H) Be on-call after regular business hours, as |
needed. |
(I) Inform clients, prior to providing services |
under this Division, what communications are |
confidential pursuant to applicable provisions of |
State or federal law, rule, or regulation and what may |
be shared with the social worker's employer. |
(J) Consult on all cases as needed by the |
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department. |
(K) Perform other functions as provided in Section |
11-1.5-20 or otherwise needed by a department. |
(4) Employing social workers who shall work with |
victims of crimes as follows: |
(A) Review police reports to identify known |
victims and contact them to offer direct and referred |
services. |
(B) Assist victims with filing police reports and |
victim compensation forms. |
(C) Provide safety planning services to victims. |
(D) Provide crisis counseling services to victims |
and their families. |
(E) Conduct home visits with victims in |
conjunction with police backup, when needed. |
(F) Assist victims in obtaining orders of |
protection. A social worker, in the performance of his |
or her duties under this subparagraph, is an advocate, |
as that term is defined in Section 112A-3 of the Code |
of Criminal Procedure of 1963. |
(G) Facilitate court advocacy services for |
victims, including arranging for transportation to and |
from court. |
(H) Maintain confidential case files which include |
social history, diagnosis, formulation of treatment, |
and documentation of services. |
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(I) Perform miscellaneous personal advocacy tasks |
for victims, as needed. |
(J) Oversee activities to ensure those victims |
with the most urgent needs are given the highest |
priority for services. |
(K) Provide status updates on the progress of a |
victim's case. |
(5) Adhering to and understanding the applicable |
policies, procedures, and orders of a department. |
(6) Attaining department-established unit goals. |
(7) Maintaining a positive relationship with |
co-workers, as well as the investigators from area police |
departments and facilitating the exchange of information |
and resources pertaining to investigations that would not |
violate confidentiality as protected pursuant to |
applicable provisions of State or federal law, rule, or |
regulation. |
(8) Keeping informed on crime trends within the City. |
(9) Remaining obedient and responsive to all lawful |
verbal and written orders issued by superiors. |
(10) Completing police reports and other required |
documentation. |
(11) Performing such other duties as may be required |
by State law, city ordinance, and department policy or as |
may be assigned by a sworn supervisor. |
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(65 ILCS 5/11-1.5-20 new) |
Sec. 11-1.5-20. Social workers. |
(a) Unit social workers may be referred to as victim |
service specialists. Social workers are responsible for |
working as a team to provide trauma-informed crisis |
intervention, case management, advocacy, and ongoing emotional |
support to the victims of all crimes, with extra attention to |
crimes that cause a high level of victim trauma. |
(b) Unit social workers involved in a case under adult |
investigations may perform the following responsibilities: |
(1) Working with domestic violence investigators. |
(2) Assisting victims with finding safe housing, |
transportation, and legal assistance. |
(3) Providing other needed resources for victims and |
their families, including working with children who |
witness or experience domestic violence. |
(4) Assisting victims and their children in setting up |
counseling. |
(5) Helping reduce victims' chances of reentry into |
violent situations. |
(c) Unit social workers involved in a case under juvenile |
investigations may perform the following responsibilities: |
(1) Working with families that have habitual runaways |
and determining why the juveniles keep running away. |
(2) Providing services to families where there have |
been domestic disturbances between the juveniles and their |
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parents. |
(3) Providing resources for parents to help their |
children who are struggling in school or need |
transportation to school. |
(4) Providing guidance and advice to the families of a |
juvenile who has been arrested and what the next steps and |
options are in the process. |
(5) Assisting a juvenile with station adjustments and |
creating a station adjustment program in a department. |
(6) Providing services to juvenile victims and |
families where the Department of Children and Family |
Services either did not get involved or did not provide |
services. |
(7) Assisting with overcoming feuds between groups of |
juveniles. |
(8) Assisting in instances where the families are not |
cooperative with police. |
(9) Discussing with families and juveniles options and |
solutions to prevent future arrest. |
(10) Maintaining a list of families in need that the |
unit or department have had contact with for department or |
city special events. |
(11) Helping facilitate or assist a department in |
community-oriented events, such as setting up an event |
where officers or unit personnel read books with younger |
children, talking about cyber crimes and social media, or |
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having an officer or unit personnel visit a school for |
other activities. |
(12) Helping reduce juvenile recidivism. |
(65 ILCS 5/11-1.5-25 new) |
Sec. 11-1.5-25. Training. All unit employees shall be |
trained in crisis intervention and integrating communications, |
assessment and tactics. Integrating communications, |
assessment, and tactics training shall be designed for |
situations involving persons who are unarmed or are armed with |
weapons and who may be experiencing a mental health or other |
crisis. The training shall incorporate different skill sets |
into a unified training approach that emphasizes |
scenario-based exercises, as well as lecture and case study |
opportunities. |
(65 ILCS 5/11-1.5-30 new) |
Sec. 11-1.5-30. Privileged or confidential communications. |
Nothing contained in this Division shall be construed to |
impair or limit the confidentiality of communications |
otherwise protected by law as privileged or confidential, |
including, but not limited to, information communicated in |
confidence to a social worker or social work intern who works |
under the direct supervision of a social worker. No social |
worker shall be subjected to adverse employment action, the |
threat of adverse employment action, or any manner of |
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discrimination because the employee is acting or has acted to |
protect communications as privileged or confidential pursuant |
to applicable provisions of State or federal law, rule, or |
regulation. |
(65 ILCS 5/11-1.5-99 new) |
Sec. 11-1.5-99. Repeal. This Division is repealed January |
1, 2029. |
Section 2-95. The Gang Crime
Witness
Protection Act of |
2013 is amended by changing Sections 1, 5, 10, 15, 20, and 25 |
as follows: |
(725 ILCS 173/1)
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Sec. 1. Short title. This Act may be cited as the Violent |
Gang Crime
Witness
Protection Act of 2013 .
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(Source: P.A. 98-58, eff. 7-8-13.) |
(725 ILCS 173/5)
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Sec. 5. Definition. As used in this Act, "violent crime" |
means a violent crime as that term is defined in Section 3 of |
the Rights of Crime Victims and Witnesses Act "gang crime" |
means any
criminal offense committed by a member of a "gang" as |
that term is defined in
Section 10 of the Illinois Streetgang |
Terrorism Omnibus Prevention Act when
the offense is in |
furtherance of any activity, enterprise, pursuit, or
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undertaking of a gang .
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(Source: P.A. 98-58, eff. 7-8-13.) |
(725 ILCS 173/10)
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Sec. 10. Financial Assistance Program. No later than |
January 1, 2023 Subject to appropriation , the Illinois |
Criminal Justice Information Authority , in consultation with |
the Office of the Attorney General, shall establish
and |
administer a program to assist victims and witnesses who are |
actively
aiding in the prosecution of perpetrators of violent |
gang crime, and appropriate
related persons or victims and |
witnesses determined by the Authority to be at risk of a |
discernible threat of violent crime . The program shall be |
administered by the Illinois Criminal Justice Information |
Authority. The program shall offer, among other things, |
financial Financial assistance , including financial assistance |
on an emergency basis, that may be provided , upon application |
by a
State's Attorney or the Attorney General, or a chief |
executive of a police
agency with the approval from the |
State's
Attorney or Attorney General,
investigating or |
prosecuting a gang
crime occurring under the State's |
Attorney's or Attorney General's respective
jurisdiction, from |
funds deposited in the Violent Gang Crime Witness Protection |
Program Fund
and appropriated from that Fund for the purposes |
of this Act.
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(Source: P.A. 98-58, eff. 7-8-13.) |
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(725 ILCS 173/15)
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Sec. 15. Funding. The Illinois Criminal Justice |
Information Authority, in consultation with
the Office of the |
Attorney General, shall adopt rules for the implementation of |
the Violent Gang
Crime Witness Protection Program. Assistance |
shall be subject to the following
limitations:
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(a) Funds shall be limited to payment of the |
following:
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(1) emergency or temporary living costs;
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(2) moving expenses;
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(3) rent;
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(3.5) utilities; |
(4) security deposits for rent and utilities ; and
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(5) other appropriate expenses of relocation or |
transition;
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(6) mental health treatment; and |
(7) lost wage assistance. |
(b) Approval of applications made by State's Attorneys |
shall be
conditioned upon county funding for costs at a |
level of at least 25%, unless
this requirement is waived |
by the administrator, in accordance with adopted
rules, |
for good cause shown . ;
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(c) Counties providing assistance consistent with the |
limitations in this
Act may apply for reimbursement of up |
to 75% of their costs . ;
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(d) No more than 50% of funding available in any given |
fiscal year may be
used for costs associated with any |
single county . ; and
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(d-5) Funds may also be requested by local law |
enforcement agencies and, notwithstanding subsection (a), |
used to establish local violent crime witness protection |
programs. |
(e) Before the Illinois Criminal Justice Information |
Authority distributes moneys from the Violent Gang Crime |
Witness Protection Program Fund as provided in this |
Section, it shall retain 5% 2% of those moneys for |
administrative purposes. |
(f) Direct reimbursement is allowed in whole or in |
part. |
(g) Implementation of the Violent Crime Witness |
Protection Program is contingent upon and subject to there |
being made sufficient appropriations for implementation of |
that program.
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(Source: P.A. 98-58, eff. 7-8-13; 99-78, eff. 7-20-15.) |
(725 ILCS 173/20)
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Sec. 20. Violent Gang Crime Witness Protection Program |
Fund. There is created in the
State treasury Treasury the |
Violent Gang Crime Witness Protection Program Fund into which |
shall be
deposited appropriated funds, grants, or other funds |
made available to the
Illinois Criminal Justice Information |
|
Authority to assist State's Attorneys and the Attorney General
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in protecting victims and witnesses who are aiding in the |
prosecution of
perpetrators of violent gang crime, and |
appropriate related persons or victims and witnesses |
determined by the Authority to be at risk of a discernible |
threat of violent crime .
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(Source: P.A. 98-58, eff. 7-8-13; 99-576, eff. 7-15-16.) |
(725 ILCS 173/25)
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Sec. 25. Beginning of operation. Subject to appropriation, |
the The program created by this Act shall
begin operation on |
January 1, 2023 July 1, 2013 .
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(Source: P.A. 98-58, eff. 7-8-13.)
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Section 2-100. The State Finance Act is amended by |
changing Section 5.833 as follows: |
(30 ILCS 105/5.833) |
Sec. 5.833. The Violent Gang Crime Witness Protection |
Program Fund. |
(Source: P.A. 98-58, eff. 7-8-13; 98-756, eff. 7-16-14.) |
Article 99. |
Section 99-99. Effective date. This Act takes effect upon |
becoming law. |