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730 ILCS 210/3-5

    (730 ILCS 210/3-5)
    (This Section may contain text from a Public Act with a delayed effective date)
    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
        
this State; or
            (C) a peace officer; or
        (2) as a result of the peace officer's use of force,
    
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:
            (A) facts concerning the death that are in the
        
possession of the law enforcement agency in charge of the investigation and the correctional facility where the death occurred including, but not limited to, race, age, and gender of the decedent, and a brief description of the circumstances surrounding the death;
            (B) if the death occurred in the custody of the
        
Illinois Department of Corrections, the report shall also include the jurisdiction, the law enforcement agency providing the investigation, and the local or State facility where the death occurred;
            (C) if the death occurred in the custody of
        
the Illinois Department of Corrections, the 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.
    (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).
    (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
        
this State; or
            (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.
    (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.
    (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
    
orientation, and gender identity of the decedent; and a brief description of the circumstances surrounding the death;
        (2) if the death occurred in the custody of the
    
Illinois Department of Corrections, the report shall also include the jurisdiction, law enforcement agency providing the investigation, and local or State facility where the death occurred; and
        (3) recommendations and State and local
    
efforts underway to reduce deaths in custody.
    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
    
during the preceding calendar year;
        (2) the known, or discoverable upon
    
reasonable inquiry, causes and contributing factors of each of the in-custody deaths as defined in subsection (b); and
        (3) the law enforcement agency's policies,
    
procedures, and protocols related to:
            (A) treatment of a person experiencing
        
withdrawal from alcohol or substance use;
            (B) the facility's provision, or lack of
        
provision, of medications used to treat, mitigate, or address a person's symptoms; and
            (C) notifying an inmate's next of kin after
        
the inmate's in-custody death.
    (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) 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 fine not to exceed $500.
(Source: P.A. 101-652, eff. 7-1-21.)