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(730 ILCS 210/3-5)
Sec. 3-5. Report of deaths of persons in custody in
correctional institutions.
(a) In this Act, "law enforcement agency" includes each law
enforcement entity within this State having the authority to
arrest and detain persons suspected of, or charged with,
committing a criminal offense, and each law enforcement entity
that operates a lock up, jail, prison, or any other facility
used to detain persons for legitimate law enforcement purposes. (b) In any case in which a person dies:
(1) while in the custody of:
(A) a law enforcement agency; (B) a local or State correctional facility in |
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(C) a peace officer; or
(2) as a result of the peace officer's use of force,
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| the law enforcement agency shall investigate and report the death in writing to the Illinois Criminal Justice Information Authority, no later than 30 days after the date on which the person in custody or incarcerated died. The written report shall contain the following information:
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(A) the following facts concerning the death
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| that are in the possession of the law enforcement agency in charge of the investigation and the correctional facility where the death occurred, race, age, gender, sexual orientation, and gender identity of the decedent, and a brief description of causes, contributing factors and the circumstances surrounding the death;
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(B) if the death occurred in custody, the
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| report shall also include the jurisdiction, the law enforcement agency providing the investigation, and the local or State facility where the death occurred;
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(C) if the death occurred in custody the
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| report shall also include if emergency care was requested by the law enforcement agency in response to any illness, injury, self-inflicted or otherwise, or other issue related to rapid deterioration of physical wellness or human subsistence, and details concerning emergency care that were provided to the decedent if emergency care was provided.
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(c) The law enforcement agency and the involved
correctional administrators shall make a good faith effort to obtain all relevant facts and circumstances relevant to the
death and include those in the report.
(d) The Illinois Criminal Justice Information Authority shall create a standardized form
to be used for the purpose of collecting information as
described in subsection (b). The information shall comply with this Act and the federal Death in Custody Reporting Act of 2013.
(e) Law enforcement agencies shall use the form described
in subsection (d) to report all cases in which a person dies:
(1) while in the custody of:
(A) a law enforcement agency;
(B) a local or State correctional facility in
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(C) a peace officer; or
(2) as a result of the peace officer's use of force.
(f) The Illinois Criminal Justice Information Authority may determine the manner in which
the form is transmitted from a law enforcement agency to the
Illinois Criminal Justice Information Authority. All state agencies that collect similar records as required under this Act, including the Illinois State Police, Illinois Department of Corrections, and Illinois Department of Juvenile Justice, shall collaborate with the Illinois Criminal Justice and Information Authority to collect the information in this Act.
(g) The reports shall be public records within the meaning
of subsection (c) of Section 2 of the Freedom of Information
Act and are open to public inspection, with the exception of
any portion of the report that the Illinois Criminal Justice Information Authority determines
is privileged or protected under Illinois or federal law.
(g-5) The Illinois Criminal Justice Information Authority shall begin collecting this information by January 1, 2022. The reports and publications in subsections (h) and below shall begin by June 1, 2022.
(h) The Illinois Criminal Justice Information Authority shall make available to the public
information of all individual reports relating to deaths in
custody through the Illinois Criminal Justice Information Authority's website to be updated on
a quarterly basis.
(i) The Illinois Criminal Justice Information Authority shall issue a public annual report
tabulating and evaluating trends and information on deaths in
custody, including, but not limited to:
(1) information regarding the race, gender, sexual
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| orientation, and gender identity of the decedent; and a brief description of the circumstances surrounding the death;
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(2) if the death occurred in custody, the report
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| shall also include the jurisdiction, law enforcement agency providing the investigation, and local or State facility where the death occurred; and
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(3) recommendations and State and local
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| efforts underway to reduce deaths in custody.
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The report shall be submitted to the Governor and General Assembly and made available to the public on the Illinois Criminal Justice Information Authority's website the first week of February of each year.
(j) So that the State may oversee the healthcare provided
to any person in the custody of each law enforcement agency
within this State, provision of medical services to these
persons, general care and treatment, and any other factors that
may contribute to the death of any of these persons, the
following information shall be made available to the public on
the Illinois Criminal Justice Information Authority's website:
(1) the number of deaths that occurred
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| during the preceding calendar year;
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(2) the known, or discoverable upon
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| reasonable inquiry, causes and contributing factors of each of the in-custody deaths as defined in subsection (b); and
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(3) the law enforcement agency's policies,
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| procedures, and protocols related to:
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(A) treatment of a person experiencing
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| withdrawal from alcohol or substance use;
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(B) the facility's provision, or lack of
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| provision, of medications used to treat, mitigate, or address a person's symptoms; and
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(C) notifying an inmate's next of kin after
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| the inmate's in-custody death.
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(k) The family, next of kin, or any other person reasonably nominated by the decedent as an emergency contact shall be
notified as soon as possible in a suitable manner giving an
accurate factual account of the cause of death and
circumstances surrounding the death in custody in accordance with State and federal law.
(l) The law enforcement agency or correctional facility
shall name a staff person to act as dedicated family liaison
officer to be a point of contact for the family, to make and
maintain contact with the family, to report ongoing developments and findings of investigations, and to provide
information and practical support. If requested by the
deceased's next of kin, the law enforcement agency or
correctional facility shall arrange for a chaplain, counselor,
or other suitable staff member to meet with the family and
discuss any faith considerations or concerns. The family has a
right to the medical records of a family member who has died in
custody and these records shall be disclosed to them in accordance with State and federal law.
(m) Each department shall assign an employee or employees to file reports under this Section. It is unlawful for a person who is required under this
Section to investigate a death or file a report to fail to
include in the report facts known or discovered in the
investigation to the Illinois Criminal Justice Information Authority. A violation of this
Section is a petty offense, with a fine not to exceed $500.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; 102-687, eff. 12-17-21.)
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