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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
( ) 20 ILCS 3930/1
(20 ILCS 3930/1) (from Ch. 38, par. 210-1)
Sec. 1.
Short Title.
This Act shall be known and may be cited as the
"Illinois Criminal Justice Information Act".
(Source: P.A. 82-1039.)
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20 ILCS 3930/2
(20 ILCS 3930/2) (from Ch. 38, par. 210-2)
Sec. 2. Purpose of Act. The purpose of this Act is to coordinate the
use of information in the criminal justice system; to promulgate effective
criminal justice information policy; to encourage the improvement of criminal
justice agency procedures and practices with respect to information; to
provide new information technologies; to permit the evaluation of information
practices and programs; to stimulate research and development of new methods
and uses of criminal justice information for the improvement of the criminal
justice system and the reduction of crime; to protect the integrity
of criminal history record information, while protecting the citizen's right to privacy; and to coordinate statewide violence prevention efforts and develop a statewide plan that includes public health and public safety approaches to violence prevention in families, communities, and schools.
(Source: P.A. 97-1151, eff. 1-25-13.)
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20 ILCS 3930/3
(20 ILCS 3930/3) (from Ch. 38, par. 210-3)
Sec. 3. Definitions. Whenever used in this Act, and for the purposes
of this Act unless the context clearly denotes otherwise:
(a) The term "criminal justice system" includes all activities by
public agencies pertaining to the prevention or
reduction of crime or enforcement of the criminal law, and particularly,
but without limitation, the prevention, detection, and investigation of
crime; the apprehension of offenders; the protection of victims and
witnesses; the administration of juvenile justice; the prosecution and
defense of criminal cases; the trial, conviction, and sentencing of
offenders; as well as the correction and rehabilitation of offenders,
which includes imprisonment, probation, parole, aftercare release, and treatment.
(b) The term "Authority" means the Illinois Criminal Justice Information
Authority created by this Act.
(c) The term "criminal justice information" means any and every type of
information that is collected, transmitted, or maintained by the criminal
justice system.
(d) The term "criminal history record information" means data
identifiable to an individual, including information collected under Section 4.5 of the Criminal Identification Act, and consisting of descriptions or notations
of arrests, detentions, indictments, informations, pre-trial proceedings,
trials, or other formal events in the criminal justice system or
descriptions or notations of criminal charges (including criminal
violations of local municipal ordinances) and the nature of any disposition
arising therefrom, including sentencing, court or correctional supervision,
rehabilitation, and release. The term does not apply to statistical
records and reports in which individuals are not identified and from which
their identities are not ascertainable, or to information that is for
criminal investigative or intelligence purposes.
(e) The term "unit of general local government" means any county,
municipality or other general purpose political subdivision of this State.
(Source: P.A. 98-528, eff. 1-1-15; 98-558, eff. 1-1-14; 98-756, eff. 7-16-14 .) |
20 ILCS 3930/4 (20 ILCS 3930/4) (from Ch. 38, par. 210-4) Sec. 4. Illinois Criminal Justice Information Authority; creation, membership, and meetings. There is created an Illinois Criminal Justice Information Authority consisting of 25 members. The membership of the Authority shall consist of: (1) the Illinois Attorney General or the Illinois | | Attorney General's designee;
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| (2) the Director of Corrections or the Director's
| | (3) the Director of the Illinois State Police or the
| | (4) the Director of Public Health or the Director's
| | (5) the Director of Children and Family Services or
| | (6) the Sheriff of Cook County or the Sheriff's
| | (7) the State's Attorney of Cook County or the
| | State's Attorney's designee;
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| (8) the clerk of the circuit court of Cook County or
| | (9) the President of the Cook County Board of
| | Commissioners or the President's designee;
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| (10) the Superintendent of the Chicago Police
| | Department or the Superintendent's designee;
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| (11) the Director of the Office of the State's
| | Attorneys Appellate Prosecutor or the Director's designee;
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| (12) the Executive Director of the Illinois Law
| | Enforcement Training Standards Board or the Executive Director's designee;
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| (13) the State Appellate Defender or the State
| | Appellate Defender's designee;
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| (14) the Public Defender of Cook County or the Public
| | (15) the following additional members, each of whom
| | shall be appointed by the Governor:
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| (A) a circuit court clerk;
(B) a sheriff;
(C) a State's Attorney of a county other than
| | (D) a Public Defender of a county other than
| | (E) a chief of police;
(F) 2 individuals who report having been
| | (G) 4 members of the general public.
Members appointed on and after August 15, 2014 (the effective date of Public Act 98-955) shall be confirmed by the Senate.
The Governor from time to time shall designate a Chairman of the Authority from the membership. All members of the Authority appointed by the Governor shall serve at the pleasure of the Governor for a term not to exceed 4 years. The initial appointed members of the Authority shall serve from January, 1983 until the third Monday in January, 1987 or until their successors are appointed.
The Authority shall meet at least quarterly, and all meetings of the Authority shall be called by the Chairman.
(Source: P.A. 102-538, eff. 8-20-21; 102-1129, eff. 2-10-23; 103-276, eff. 7-28-23; 103-605, eff. 7-1-24.)
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20 ILCS 3930/5
(20 ILCS 3930/5) (from Ch. 38, par. 210-5)
Sec. 5.
No Compensation - Expenses.
Members of the Authority, other
than the Chairman, shall serve without compensation. All members shall be
reimbursed for reasonable expenses incurred in connection with their duties.
(Source: P.A. 82-1039.)
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20 ILCS 3930/6
(20 ILCS 3930/6) (from Ch. 38, par. 210-6)
Sec. 6.
Executive Director.
The Governor shall appoint an Executive
Director of the Authority with the advice and consent of the Senate. The
Executive Director shall employ, in accordance with the provisions of the
Illinois Personnel Code, such administrative, professional, clerical, and
other personnel as may be required. The Executive Director may organize
the staff of the Authority as he may deem appropriate.
(Source: P.A. 82-1039.)
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20 ILCS 3930/7 (20 ILCS 3930/7) (from Ch. 38, par. 210-7) (Text of Section before amendment by P.A. 103-798 ) Sec. 7. Powers and duties. The Authority shall have the following
powers, duties, and responsibilities: (a) To develop and operate comprehensive information | | systems for the improvement and coordination of all aspects of law enforcement, prosecution, and corrections;
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| (b) To define, develop, evaluate, and correlate State
| | and local programs and projects associated with the improvement of law enforcement and the administration of criminal justice;
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| (c) To act as a central repository and clearing house
| | for federal, state, and local research studies, plans, projects, proposals, and other information relating to all aspects of criminal justice system improvement and to encourage educational programs for citizen support of State and local efforts to make such improvements;
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| (d) To undertake research studies to aid in
| | accomplishing its purposes;
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| (e) To monitor the operation of existing criminal
| | justice information systems in order to protect the constitutional rights and privacy of individuals about whom criminal history record information has been collected;
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| (f) To provide an effective administrative forum for
| | the protection of the rights of individuals concerning criminal history record information;
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| (g) To issue regulations, guidelines, and procedures
| | which ensure the privacy and security of criminal history record information consistent with State and federal laws;
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| (h) To act as the sole administrative appeal body in
| | the State of Illinois to conduct hearings and make final determinations concerning individual challenges to the completeness and accuracy of criminal history record information;
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| (i) To act as the sole, official, criminal justice
| | body in the State of Illinois to conduct annual and periodic audits of the procedures, policies, and practices of the State central repositories for criminal history record information to verify compliance with federal and state laws and regulations governing such information;
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| (j) To advise the Authority's Statistical Analysis
| | (k) To apply for, receive, establish priorities for,
| | allocate, disburse, and spend grants of funds that are made available by and received on or after January 1, 1983 from private sources or from the United States pursuant to the federal Crime Control Act of 1973, as amended, and similar federal legislation, and to enter into agreements with the United States government to further the purposes of this Act, or as may be required as a condition of obtaining federal funds;
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| (l) To receive, expend, and account for such funds of
| | the State of Illinois as may be made available to further the purposes of this Act;
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| (m) To enter into contracts and to cooperate with
| | units of general local government or combinations of such units, State agencies, and criminal justice system agencies of other states for the purpose of carrying out the duties of the Authority imposed by this Act or by the federal Crime Control Act of 1973, as amended;
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| (n) To enter into contracts and cooperate with units
| | of general local government outside of Illinois, other states' agencies, and private organizations outside of Illinois to provide computer software or design that has been developed for the Illinois criminal justice system, or to participate in the cooperative development or design of new software or systems to be used by the Illinois criminal justice system;
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| (o) To establish general policies concerning criminal
| | justice information systems and to promulgate such rules, regulations, and procedures as are necessary to the operation of the Authority and to the uniform consideration of appeals and audits;
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| (p) To advise and to make recommendations to the
| | Governor and the General Assembly on policies relating to criminal justice information systems;
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| (q) To direct all other agencies under the
| | jurisdiction of the Governor to provide whatever assistance and information the Authority may lawfully require to carry out its functions;
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| (r) To exercise any other powers that are reasonable
| | and necessary to fulfill the responsibilities of the Authority under this Act and to comply with the requirements of applicable federal law or regulation;
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| (s) To exercise the rights, powers, and duties which
| | have been vested in the Authority by the Illinois Uniform Conviction Information Act;
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| (t) (Blank);
(u) To exercise the rights, powers, and duties vested
| | in the Authority by the Illinois Public Safety Agency Network Act;
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| (v) To provide technical assistance in the form of
| | training to local governmental entities within Illinois requesting such assistance for the purposes of procuring grants for gang intervention and gang prevention programs or other criminal justice programs from the United States Department of Justice;
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| (w) To conduct strategic planning and provide
| | technical assistance to implement comprehensive trauma recovery services for violent crime victims in underserved communities with high levels of violent crime, with the goal of providing a safe, community-based, culturally competent environment in which to access services necessary to facilitate recovery from the effects of chronic and repeat exposure to trauma. Services may include, but are not limited to, behavioral health treatment, financial recovery, family support and relocation assistance, and support in navigating the legal system; and
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| (x) To coordinate statewide violence prevention
| | efforts and assist in the implementation of trauma recovery centers and analyze trauma recovery services. The Authority shall develop, publish, and facilitate the implementation of a 4-year statewide violence prevention plan, which shall incorporate public health, public safety, victim services, and trauma recovery centers and services.
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| The requirement for reporting to the General Assembly shall be satisfied
by filing copies of the report as required by Section 3.1 of the General Assembly Organization Act, and
filing such additional copies with the State Government Report Distribution
Center for the General Assembly as is required under paragraph (t) of
Section 7 of the State Library Act.
(Source: P.A. 99-938, eff. 1-1-18; 100-373, eff. 1-1-18; 100-575, eff. 1-8-18; 100-621, eff. 7-20-18; 100-1148, eff. 12-10-18.)
(Text of Section after amendment by P.A. 103-798 )
Sec. 7. Powers and duties. The Authority shall have the following powers, duties, and responsibilities:
(a) To develop and operate comprehensive information
| | systems for the improvement and coordination of all aspects of law enforcement, prosecution, and corrections;
|
| (b) To define, develop, evaluate, and correlate State
| | and local programs and projects associated with the improvement of law enforcement and the administration of criminal justice;
|
| (c) To act as a central repository and clearing house
| | for federal, state, and local research studies, plans, projects, proposals, and other information relating to all aspects of criminal justice system improvement and to encourage educational programs for citizen support of State and local efforts to make such improvements;
|
| (d) To undertake research studies to aid in
| | accomplishing its purposes;
|
| (e) To monitor the operation of existing criminal
| | justice information systems in order to protect the constitutional rights and privacy of individuals about whom criminal history record information has been collected;
|
| (f) To provide an effective administrative forum for
| | the protection of the rights of individuals concerning criminal history record information;
|
| (g) To issue regulations, guidelines, and procedures
| | which ensure the privacy and security of criminal history record information consistent with State and federal laws;
|
| (h) To act as the sole administrative appeal body in
| | the State of Illinois to conduct hearings and make final determinations concerning individual challenges to the completeness and accuracy of criminal history record information;
|
| (i) To act as the sole, official, criminal justice
| | body in the State of Illinois to conduct annual and periodic audits of the procedures, policies, and practices of the State central repositories for criminal history record information to verify compliance with federal and state laws and regulations governing such information;
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| (j) To advise the Authority's Statistical Analysis
| | (k) To apply for, receive, establish priorities for,
| | allocate, disburse, and spend grants of funds that are made available by and received on or after January 1, 1983 from private sources or from the United States pursuant to the federal Crime Control Act of 1973, as amended, and similar federal legislation, and to enter into agreements with the United States government to further the purposes of this Act, or as may be required as a condition of obtaining federal funds;
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| (l) To receive, expend, and account for such funds of
| | the State of Illinois as may be made available to further the purposes of this Act;
|
| (m) To enter into contracts and to cooperate with
| | units of general local government or combinations of such units, State agencies, and criminal justice system agencies of other states for the purpose of carrying out the duties of the Authority imposed by this Act or by the federal Crime Control Act of 1973, as amended;
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| (n) To enter into contracts and cooperate with units
| | of general local government outside of Illinois, other states' agencies, and private organizations outside of Illinois to provide computer software or design that has been developed for the Illinois criminal justice system, or to participate in the cooperative development or design of new software or systems to be used by the Illinois criminal justice system;
|
| (o) To establish general policies concerning criminal
| | justice information systems and to promulgate such rules, regulations, and procedures as are necessary to the operation of the Authority and to the uniform consideration of appeals and audits;
|
| (p) To advise and to make recommendations to the
| | Governor and the General Assembly on policies relating to criminal justice information systems;
|
| (q) To direct all other agencies under the
| | jurisdiction of the Governor to provide whatever assistance and information the Authority may lawfully require to carry out its functions;
|
| (r) To exercise any other powers that are reasonable
| | and necessary to fulfill the responsibilities of the Authority under this Act and to comply with the requirements of applicable State or federal law or regulation;
|
| (s) To exercise the rights, powers, and duties which
| | have been vested in the Authority by the Illinois Uniform Conviction Information Act;
|
| (t) (Blank);
(u) To exercise the rights, powers, and duties vested
| | in the Authority by the Illinois Public Safety Agency Network Act;
|
| (v) To provide technical assistance in the form of
| | training to local governmental entities within Illinois requesting such assistance for the purposes of procuring grants for gang intervention and gang prevention programs or other criminal justice programs from the United States Department of Justice;
|
| (w) To conduct strategic planning and provide
| | technical assistance to implement comprehensive trauma recovery services for violent crime victims in underserved communities with high levels of violent crime, with the goal of providing a safe, community-based, culturally competent environment in which to access services necessary to facilitate recovery from the effects of chronic and repeat exposure to trauma. Services may include, but are not limited to, behavioral health treatment, financial recovery, family support and relocation assistance, and support in navigating the legal system; and
|
| (x) To coordinate statewide violence prevention
| | efforts and assist in the implementation of trauma recovery centers and analyze trauma recovery services. The Authority shall develop, publish, and facilitate the implementation of a 4-year statewide violence prevention plan, which shall incorporate public health, public safety, victim services, and trauma recovery centers and services.
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| The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report as required by Section 3.1 of the General Assembly Organization Act, and filing such additional copies with the State Government Report Distribution Center for the General Assembly as is required under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 103-798, eff. 1-1-25.)
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20 ILCS 3930/7.1
(20 ILCS 3930/7.1)
Sec. 7.1.
Sexual assault nurse examiner pilot program.
(a) Legislative findings and intent. The General Assembly finds that
the compassionate treatment of sexual assault victims in hospital emergency
rooms is
necessary to help alleviate the suffering of sexual assault victims. The
General Assembly
also finds that the effective collection and presentation of forensic evidence
in sexual
assault cases is necessary to increase the success rate of prosecutions for sex
crimes in
Illinois.
The General Assembly intends to create a pilot program to establish 4 sexual
assault nurse examiner (SANE) projects in the State of Illinois. For each
project,
specially trained sexual assault nurse examiners or specially trained sexual
assault physician examiners will provide health
assessments and
collect forensic evidence from sexual assault victims in the emergency room.
The sexual assault nurse
examiners or sexual assault physician examiners will also testify to victims'
injuries during criminal prosecutions.
(b) Definitions. In this Section:
(1) "Sexual assault nurse examiner" means a | | registered nurse who has completed a sexual assault nurse examiner (SANE) training program that meets the Forensic Sexual Assault Nurse Examiner Education Guidelines established by the International Association of Forensic Nurses.
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(2) "Sexual assault physician examiner" means a
| | physician licensed to practice medicine in all its branches who has completed a sexual assault nurse examiner (SANE) training program that meets the Forensic Sexual Assault Nurse Examiner Education Guidelines established by the International Association of Forensic Nurses.
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(3) "Hospital" means a facility licensed by the
| | Department of Public Health under the Hospital Licensing Act or that meets both the definition of hospital and the exemption provisions of that Act.
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(4) "Hospital emergency services" means the health
| | care delivered to outpatients within or under the care and supervision of personnel working in a designated emergency department or emergency room of a hospital.
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(c) SANE pilot program. The Authority shall, subject to appropriation,
establish
a SANE pilot program to operate 4 pilot projects in Illinois. The projects
shall be established
in the emergency rooms of hospitals in 4 counties geographically distributed
throughout the State. Hospitals located throughout the State may apply to the
Authority to participate in the program. Each project must provide the
following services:
(1) Compassionate health assessment and effective
| | forensic evidence collection for sexual assault victims by a trained sexual assault nurse examiner or sexual assault physician examiner in a hospital emergency room as part of the provision of hospital emergency services.
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(2) Presentation of testimony regarding victims'
| | injuries during criminal prosecutions for sex offenses.
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(d) Each of the SANE projects established under this pilot program must,
at a minimum, meet the Sexual Assault Nurse Examiner Standards of Practice
established by the International Association of Forensic Nurses.
(e) Each of the 4 pilot projects established by the Authority
under this Section shall be
in
existence for a minimum of 3 years.
(f) Report. No later than 2 years after the establishment of
pilot projects
under
this Section, the Authority must report to the General Assembly on the efficacy
of
SANE programs.
(g) Rules. The Authority shall adopt rules to implement this
Section.
(Source: P.A. 91-529, eff. 1-1-00.)
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20 ILCS 3930/7.2
(20 ILCS 3930/7.2)
Sec. 7.2. (Repealed).
(Source: P.A. 93-605, eff. 11-19-03. Repealed by P.A. 101-149, eff. 7-26-19.)
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20 ILCS 3930/7.4 (20 ILCS 3930/7.4) Sec. 7.4. Inventory of paper systems. The Authority may conduct an inventory of law enforcement agencies, county sheriff's offices, clerks of the circuit court, or circuit clerks in this State that operate using a predominantly paper system.
(Source: P.A. 100-307, eff. 1-1-18 .) |
20 ILCS 3930/7.5
(20 ILCS 3930/7.5)
Sec. 7.5. (Repealed).
(Source: P.A. 93-517, eff. 8-6-03. Repealed by P.A. 101-149, eff. 7-26-19.)
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20 ILCS 3930/7.6
(20 ILCS 3930/7.6)
Sec. 7.6. (Repealed).
(Source: P.A. 95-688, eff. 10-23-07. Repealed by P.A. 102-1071, eff. 6-10-22.)
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20 ILCS 3930/7.7 (20 ILCS 3930/7.7) Sec. 7.7. Pretrial data collection. (a) The Administrative Director of the Administrative Office of the Illinois Courts shall convene an oversight board to be known as the Pretrial Practices Data Oversight Board to oversee the collection and analysis of data regarding pretrial practices in circuit court systems. The Board shall include, but is not limited to, designees from the Administrative Office of the Illinois Courts, the Illinois Criminal Justice Information Authority, and other entities that possess knowledge of pretrial practices and data collection issues. Members of the Board shall serve without compensation. (b) The Oversight Board shall: (1) identify existing pretrial data collection | | processes in local jurisdictions;
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| (2) define, gather and maintain records of pretrial
| | data relating to the topics listed in subsection (c) from circuit clerks' offices, sheriff's departments, law enforcement agencies, jails, pretrial departments, probation department, prosecutors' offices, public defenders' offices and other applicable criminal justice system agencies;
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| (3) identify resources necessary to systematically
| | collect and report data related to the topics listed in subsection (c); and
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| (4) develop a plan to implement data collection
| | processes sufficient to collect data on the topics listed in subsection (c) no later than one year after July 1, 2021 (the effective date of Public Act 101-652). The plan and, once implemented, the reports and analysis shall be published and made publicly available on the Administrative Office of the Illinois Courts (AOIC) website.
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| (c) The Pretrial Practices Data Oversight Board shall develop a strategy to collect quarterly, county-level data on the following topics; which collection of data shall begin starting one year after July 1, 2021 (the effective date of Public Act 101-652):
(1) information on all persons arrested and charged
| | with misdemeanor or felony charges, or both, including information on persons released directly from law enforcement custody;
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| (2) information on the outcomes of pretrial
| | conditions and pretrial detention hearings in the county courts, including but not limited to the number of hearings held, the number of defendants detained, the number of defendants released, the number of defendants released with electronic monitoring, and, beginning January 1, 2023, information comparing detention hearing outcomes when the hearing is held in person and by two-way audio-visual communication;
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| (3) information regarding persons detained in the
| | county jail pretrial, including, but not limited to, the number of persons detained in the jail pretrial and the number detained in the jail for other reasons, the demographics of the pretrial jail population, race, sex, sexual orientation, gender identity, age, and ethnicity, the charges including on which pretrial defendants are detained, the average length of stay of pretrial defendants;
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| (4) information regarding persons placed on
| | electronic monitoring programs pretrial, including, but not limited to, the number of participants, the demographics of the participant population, including race, sex, sexual orientation, gender identity, age, and ethnicity, the charges on which participants are ordered to the program, and the average length of participation in the program;
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| (5) discharge data regarding persons detained
| | pretrial in the county jail, including, but not limited to, the number who are sentenced to the Illinois Department of Corrections, the number released after being sentenced to time served, the number who are released on probation, conditional discharge, or other community supervision, the number found not guilty, the number whose cases are dismissed, the number whose cases are dismissed as part of diversion or deferred prosecution program, and the number who are released pretrial after a hearing re-examining their pretrial detention;
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| (6) information on the pretrial rearrest of
| | individuals released pretrial, including the number arrested and charged with a new misdemeanor offense while released, the number arrested and charged with a new felony offense while released, and the number arrested and charged with a new forcible felony offense while released, and how long after release these arrests occurred;
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| (7) information on the pretrial failure to appear
| | rates of individuals released pretrial, including the number who missed one or more court dates, how many warrants for failures to appear were issued, and how many individuals were detained pretrial or placed on electronic monitoring pretrial after a failure to appear in court;
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| (8) what, if any, validated pretrial risk assessment
| | tools are in use in each jurisdiction, and comparisons of the pretrial release and pretrial detention decisions of judges as compared to and the risk assessment scores of individuals; and
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| (9) any other information the Pretrial Practices Data
| | Oversight Board considers important and probative of the effectiveness of pretrial practices in the State of Illinois.
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| (d) Circuit clerks' offices, sheriff's departments, law enforcement agencies, jails, pretrial departments, probation department, State's Attorneys' offices, public defenders' offices and other applicable criminal justice system agencies are mandated to provide data to the Administrative Office of the Illinois Courts as described in subsection (c).
(Source: P.A. 101-652, eff. 7-1-21; 102-813, eff. 5-13-22; 102-1104, eff. 1-1-23.)
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20 ILCS 3930/7.8 (20 ILCS 3930/7.8) Sec. 7.8. Domestic Violence Pretrial Practices Working Group. (a) The Executive Director of the Illinois Criminal Justice Information Authority shall convene a working group to research and issue a report on current practices in pretrial domestic violence courts throughout the State of Illinois. (b) The working group shall include, but is not limited to, designees from the Administrative Office of the Illinois Courts, the Illinois Criminal Justice Information Authority, domestic violence victims' advocates, formerly incarcerated victims of violence, legal practitioners, and other entities that possess knowledge of evidence-based practices surrounding domestic violence and current pretrial practices in Illinois. (c) The group shall meet quarterly and no later than 15 months after the effective date of this amendatory Act of the 101st General Assembly issue a preliminary report on the state of current practice across the State in regards to pretrial practices and domestic violence and no later than 15 months after the release of the preliminary report, issue a final report issuing recommendations for evidence-based improvements to court procedures. (d) Members of the working group shall serve without compensation.
(Source: P.A. 101-652, eff. 7-1-21 .) |
20 ILCS 3930/7.9 (20 ILCS 3930/7.9) (Section scheduled to be repealed on July 1, 2027) Sec. 7.9. Firearm Prohibitors and Records Improvement Task Force. (a) As used in this Section, "firearms prohibitor" means any factor listed in Section 4 of the Firearm Owners Identification Card Act or Section 24-3 or 24-3.1 of the Criminal Code of 2012 that prohibits a person from transferring or possessing a firearm, firearm ammunition, Firearm Owner's Identification Card, or concealed carry license. (b) The Firearm Prohibitors and Records Improvement Task Force is created to identify and research all available grants, resources, and revenue that may be applied for and used by all entities responsible for reporting federal and State firearm prohibitors to the Illinois State Police and the National Instant Criminal Background Check System. Under the Firearm Owners Identification Card Act, these reporting entities include, but are not limited to, hospitals, courts, law enforcement and corrections. The Task Force shall identify weaknesses in reporting and recommend a strategy to direct resources and revenue to ensuring reporting is reliable, accurate, and timely. The Task Force shall inventory all statutorily mandated firearm and gun violence related data collection and reporting requirements, along with the agency responsible for collecting that data, and identify gaps in those requirements. The Task Force shall submit a coordinated application with and through the Illinois Criminal Justice Information Authority for federal funds from the National Criminal History Improvement Program and the NICS Acts Record Improvement Program.
The Firearm Prohibitors and Records Improvement Task Force shall be comprised of the following members, all of whom shall serve without compensation: (1) the Executive Director of the Illinois Criminal | | Justice Information Authority, who shall serve as Chair;
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| (2) the Director of the Illinois State Police, or his
| | (3) the Secretary of Human Services, or his or her
| | (4) the Director of Corrections, or his or her
| | (5) the Attorney General, or his or her designee;
(6) the Director of the Administrative Office of the
| | Illinois Courts, or his or her designee;
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| (7) a representative of an association representing
| | circuit clerks appointed by the President of the Senate;
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| (8) a representative of an association representing
| | sheriffs appointed by the House Minority Leader;
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| (9) a representative of an association representing
| | State's Attorneys appointed by the House Minority Leader;
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| (10) a representative of an association representing
| | chiefs of police appointed by the Senate Minority Leader;
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| (11) a representative of an association representing
| | hospitals appointed by the Speaker of the House of Representatives;
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| (12) a representative of an association representing
| | counties appointed by the President of the Senate; and
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| (13) a representative of an association representing
| | municipalities appointed by the Speaker of the House of Representatives.
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| (c)
The Illinois Criminal Justice Information Authority shall provide administrative and other support to the Task Force. The Illinois State Police Division of Justice Services shall also provide support to the Illinois Criminal Justice Information Authority and the Task Force.
(d) The Task Force may meet in person or virtually and shall issue a written report of its findings and recommendations to General Assembly on or before July 1, 2022. The Task Force shall issue an annual report, which shall include information on the state of FOID data, including a review of previous activity by the Task Force to close previously identified gaps; identifying known (or new) gaps; a proposal of policy and practice recommendations to close those gaps; and a preview of expected activities of the Task Force for the coming year.
(e) Within 60 days of the effective date of this amendatory Act of the 102nd General Assembly, the Chair shall establish the Task Force.
(f) This Section is repealed on July 1, 2027.
(Source: P.A. 102-237, eff. 1-1-22 .)
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20 ILCS 3930/7.10 (20 ILCS 3930/7.10) 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 | | (2) provides cash rewards for tips that lead to
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(Source: P.A. 102-756, eff. 5-10-22.)
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20 ILCS 3930/7.11 (20 ILCS 3930/7.11) (This Section may contain text from a Public Act with a delayed effective date ) (Section scheduled to be repealed on January 1, 2027) Sec. 7.11. Uniform Statewide Crime Statistics Task Force. (a) The Illinois Criminal Justice Information Authority shall establish a Uniform Statewide Crime Statistics Task Force within 120 days after the effective date of this amendatory Act of the 103rd General Assembly. (b) The Task Force shall include the following members appointed by the Executive Director of the Illinois Criminal Justice Information Authority: (1) Up to 2 individuals representing the Illinois | | (2) Up to 2 individuals from an organization
| | representing State's Attorneys in Illinois.
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| (3) Up to 2 individuals from an organization
| | representing Illinois chiefs of police.
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| (4) Up to 2 individuals from an organization
| | representing sworn officers of Illinois law enforcement agencies.
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| (5) Up to 2 individuals representing the Office of
| | Firearm Violence Prevention of the Department of Human Services.
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| (6) Up to 2 individuals from a membership
| | organization whose mission is to stop domestic or firearm violence.
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| (7) Up to 2 individuals from the Office of the
| | (8) Up to 2 individuals representing the Department
| | of Innovation and Technology.
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| (9) Up to 2 individuals from a statewide organization
| | exclusively representing retailers of all types and sizes.
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| (10) Up to 2 individuals representing the Department
| | (11) Up to 2 individuals representing the Illinois
| | Criminal Justice Information Authority.
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| (12) Up to 2 individuals representing Illinois
| | institutions of higher education working on Illinois crime statistics research.
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| (13) Up to 2 individuals from an organization
| | representing Illinois sheriffs.
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| (14) Up to 2 individuals representing the Office of
| | the Illinois Attorney General.
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| (15) Up to 2 individuals from an organization
| | representing Illinois coroners and medical examiners.
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| (16) Up to 2 individuals from the Illinois Sentencing
| | The Executive Director of the Illinois Criminal Justice Information Authority, or the Executive Director's designee, shall serve as Chair of the Task Force. Members shall serve for the entirety of the Task Force without compensation. If a vacancy occurs in the Task Force membership, the vacancy shall be filled in the same manner as the original appointment for the entirety of the Task Force.
(c) The Illinois Criminal Justice Information Authority shall provide administrative and technical support to the Task Force.
(d) The Task Force shall meet at least quarterly to assist in the development and implementation of an integrated software system for gathering and publishing crime data from all law enforcement agencies throughout the State.
(e) The Task Force shall submit, no later than 18 months after the first convening of the Task Force, a final report to the Governor, General Assembly, and the Executive Director of the Illinois Criminal Justice Information Authority that shall include, at a minimum, recommendations on the development of the integrated software system, the estimated cost of the implementation and maintenance of the integrated software system, and protocols on accessing and updating the information that should be implemented.
(f) The Task Force is dissolved and this Section is repealed 2 years after the effective date of this amendatory Act of the 103rd General Assembly.
(Source: P.A. 103-798, eff. 1-1-25.)
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20 ILCS 3930/8
(20 ILCS 3930/8) (from Ch. 38, par. 210-8)
Sec. 8.
Criminal Justice Agency.
The Authority shall be deemed a
criminal justice agency under all federal and State laws and regulations,
and as such shall have access to any information available to criminal justice agencies.
(Source: P.A. 82-1039.)
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20 ILCS 3930/9
(20 ILCS 3930/9)
Sec. 9. (Repealed).
(Source: P.A. 94-896, eff. 7-1-06. Repealed by P.A. 100-621, eff. 7-20-18.)
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20 ILCS 3930/9.1
(20 ILCS 3930/9.1)
Sec. 9.1. Criminal Justice Information Projects Fund. The Criminal
Justice Information Projects Fund is hereby created as a special fund in the
State Treasury. Grants and other moneys obtained by the Authority from
governmental entities (other than the federal government), private sources, and
not-for-profit organizations for use in investigating criminal justice issues
or undertaking other criminal justice information projects, or pursuant to the uses identified in Section 21.10 of the Illinois Lottery Law, shall be deposited
into the Fund. Moneys in the Fund may be used by the Authority, subject to
appropriation, for undertaking such projects and for the operating and other
expenses of the Authority incidental to those projects, and for the costs associated with making grants from the Prescription Pill and Drug Disposal Fund. The moneys deposited into the Criminal Justice Information Projects Fund under Sections 15-15 and 15-35 of the Criminal and Traffic Assessment Act shall be appropriated to and administered by the Illinois Criminal Justice Information Authority for distribution to fund Illinois State Police drug
task forces and Metropolitan Enforcement Groups
by dividing the
funds equally by the total number of Illinois State Police
drug task forces and Illinois Metropolitan Enforcement Groups. Any interest earned on moneys in the Fund must be deposited into the Fund.
(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
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20 ILCS 3930/9.2
(20 ILCS 3930/9.2)
Sec. 9.2. (Repealed).
(Source: P.A. 98-24, eff. 6-19-13. Repealed by P.A. 102-1071, eff. 6-10-22.)
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20 ILCS 3930/9.3 (20 ILCS 3930/9.3) Sec. 9.3. The Prescription Pill and Drug Disposal Fund. The Prescription Pill and Drug Disposal Fund is created as a special fund in the State treasury. Moneys in the Fund shall be used for grants by the Illinois Criminal Justice Information Authority to local law enforcement agencies for the purpose of facilitating the collection, transportation, and incineration of pharmaceuticals from residential sources that are collected and transported by law enforcement agencies under Section 17.9A of the Environmental Protection Act; to municipalities or organizations that establish containers designated for the collection and disposal of unused controlled substances and conduct collection of unused controlled substances through mail-back programs; and for the publication or advertising of collection events or mail-back programs conducted by municipalities or organizations. Before awarding a grant from this Fund but no later than July 1, 2016, the Authority shall adopt rules that (i) specify the conditions under which grants will be awarded from this Fund and (ii) otherwise provide for the implementation and administration of the grant program created by this Section. Interest attributable to moneys in the Fund shall be paid into the Fund.
(Source: P.A. 99-480, eff. 9-9-15.) |
20 ILCS 3930/10
(20 ILCS 3930/10) (from Ch. 38, par. 210-10)
Sec. 10.
Supersedure and Transfer.
The Illinois Criminal Justice
Information Authority created by this Act supersedes and shall assume,
exercise and administer all rights, powers, duties and responsibilities
vested in the Illinois Law Enforcement Commission by "An Act creating an
Illinois Law Enforcement Commission and defining its powers and duties",
approved September 20, 1977, as amended, except:
(a) those rights, powers, duties and responsibilities created by that
Act with respect to the operation or administration of juvenile justice
programs pursuant to applicable State or federal laws or regulations; and
(b) the right, power, duty and responsibility to allocate, disburse and
account for grants of funds actually received by the Illinois Law Enforcement
Commission prior to January 1, 1983 from the United States pursuant to the
federal Crime Control Act of 1973, as amended, or pursuant to other similar
federal legislation.
The transfer to the Illinois Criminal Justice Information Authority of
the rights, powers, duties and responsibilities of the Illinois Law Enforcement
Commission as provided in this Section shall not be deemed to abolish or
diminish the exercise, by the Illinois Law Enforcement Commission or as
otherwise provided by law, of those rights, powers, duties and responsibilities
described in paragraphs (a) and (b) of this Section which are not transferred
to the Authority pursuant to this Section.
Personnel previously assigned to programs transferred pursuant to this
Section from the Illinois Law Enforcement Commission to the Authority, other
than the Executive Director of the Illinois Law Enforcement Commission,
are hereby transferred to the Authority. Effective April 1, 1983, personnel
of the Illinois Law Enforcement Commission previously assigned to the function
and responsibility described in paragraph (b) above of this Section -- except
such of those personnel who, immediately prior to April 1, 1983, were either
performing such function and responsibility for the primary benefit of,
or who were also assigned to the operation or administration of the juvenile
justice programs referred to in paragraph (a) above of this Section -- shall
be transferred to the Authority. The rights of the employees or the State
under the "Personnel Code" or under any other contract or plan, however,
shall not be affected thereby.
All books, records, papers, documents, real or personal property, unexpended
appropriations and pending business in any way pertaining to the rights,
powers, duties and responsibilities transferred by this Section shall be
delivered and transferred to the Authority. Effective April 1, 1983, all
books, records, papers, documents, real or personal property, unexpended
appropriations, undisbursed grant moneys, if any, and pending business
pertaining to the rights, powers, duties and responsibilities described in
paragraph (b) of this Section -- except such of said items as pertain
primarily to the juvenile justice programs referred to in paragraph (a)
above of this Section -- shall be transferred to the Authority.
All rights, powers, duties and responsibilities transferred pursuant to
this Act to the Illinois Criminal Justice Information Authority shall be
vested in and shall be exercised by that Authority subject to the provisions
of this Act. Each act done in the exercise of such rights, powers and duties
shall be exercised by that Authority subject to the provisions of this Act.
Each act done in the exercise of such rights, powers and duties shall have the
same legal effect as if done by the Illinois Law Enforcement Commission
or divisions, officers or employees thereof.
Every person or corporation shall be subject to the same obligations and
duties and any penalties, civil or criminal, arising therefrom, and shall
have the same rights arising from the exercise of such rights, powers and
duties as if such rights, powers and duties had been exercised by the Illinois
Law Enforcement Commission or divisions, officers or employees thereof.
Every officer and employee of the Illinois Criminal Justice Information
Authority shall, for any offense, be subject to the same penalty or
penalties, civil or criminal, as are prescribed by existing law for the
same offense by any officer or employee whose powers or duties were
transferred to him by this Act.
Whenever reports or notices are required to be made or given or paper or
documents furnished or served by any person to or upon the Illinois Law
Enforcement Commission or divisions, officers or employees thereof with
respect to any rights, powers, duties or responsibilities transferred pursuant
to this Act, the same shall be made, given, furnished or served in the same
manner to or upon the Illinois Criminal Justice Information Authority.
This Act shall not affect any act done, ratified or cancelled or any right
occurring or established or any action or proceeding had or commenced in
an administrative, civil, or criminal cause before this Act takes effect;
but such actions or proceedings may be prosecuted and continued by the Illinois
Criminal Justice Information Authority.
No rule or regulation promulgated by the Illinois Law Enforcement Commission
pursuant to an exercise of right, power or duty which has been transferred
to the Illinois Criminal Justice Information Authority shall be affected
by this Act, and all such rules and regulations shall become the rules and
regulations of the Illinois Criminal Justice Information Authority.
(Source: P.A. 82-1039.)
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20 ILCS 3930/10.1 (20 ILCS 3930/10.1) Sec. 10.1. Transfer of Illinois Violence Prevention Authority. (a) The Illinois Criminal Justice Information Authority, through its board, existing committees, and any committee or committees created on or after the effective date of this amendatory Act of the 97th General Assembly by law or pursuant to administrative rules of the Authority shall assume the powers, duties, rights, and responsibilities transferred from the Illinois Violence Prevention Authority to the Illinois Criminal Justice Information Authority on the effective date of this amendatory Act of the 97th General Assembly, including the powers, duties, rights, and responsibilities: (1) to coordinate Statewide violence prevention | | efforts and development of a Statewide plan that incorporates public health and public safety approaches to violence prevention in families, communities, and schools;
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| (2) to seek and receive funds that may be available
| | from private and public sources for violence prevention efforts;
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| (3) to distribute, pursuant to Authority rules and
| | subject to available appropriations and other funds received for the purposes of this Act or the Illinois Violence Prevention Act of 1995, grants to community and Statewide organizations, other units of local and State government, and public school districts that address violence prevention in a comprehensive and collaborative manner, including, but not limited to, (A) community-based youth violence prevention programs, such as mentoring programs, after-school programs, and job training or development programs, (B) programs for the implementation and evaluation of comprehensive school-based violence prevention programs from prekindergarten through 12th grade, (C) early childhood intervention programs designed to prevent violence and identify and serve young children and families at risk, (D) family violence and sexual assault prevention initiatives, (E) programs that integrate violence prevention initiatives with alcohol and substance abuse prevention efforts, (F) programs that integrate violence prevention services with health care provisions, and (G) programs to support innovative community policing or law enforcement approaches to violence prevention; and
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| (4) to provide technical assistance and training to
| | help build the capacity of communities, organizations, and systems to develop, implement, and evaluate violence prevention programs.
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| (b) As soon as practicable after the effective date of this amendatory Act of the 97th General Assembly, the personnel of the Illinois Violence Prevention Authority shall be transferred to the Illinois Criminal Justice Information Authority. The status and rights of those employees under the Personnel Code shall not be affected by the transfer. The rights of the employees and the State of Illinois and its agencies under the Personnel Code and applicable collective bargaining agreements or under any pension, retirement, or annuity plan shall not be affected by this amendatory Act.
(c) As soon as practicable after the effective date of this amendatory Act of the 97th General Assembly, all books, records, papers, documents, property (real and personal), contracts, causes of action, and pending business pertaining to the powers, duties, rights, and responsibilities transferred by this amendatory Act of the 97th General Assembly from the Illinois Violence Prevention Authority to the Illinois Criminal Justice Information Authority, including, but not limited to, material in electronic or magnetic format and necessary computer hardware and software, shall be transferred to the Illinois Criminal Justice Information Authority.
(d) As soon as practicable after the effective date of this amendatory Act of the 97th General Assembly, all unexpended appropriations and balances and other funds available for use by the Illinois Violence Prevention Authority shall be transferred for use by the Illinois Criminal Justice Information Authority. Unexpended balances so transferred shall be expended only for the purpose for which the appropriations were originally made.
(e) The powers, duties, rights, and responsibilities transferred from the Illinois Violence Prevention Authority by this amendatory Act of the 97th General Assembly shall be vested in and shall be exercised by the Illinois Criminal Justice Information Authority.
(f) Whenever reports or notices are now required to be made or given or papers or documents furnished or served by any person to or upon the Illinois Violence Prevention Authority in connection with any of the powers, duties, rights, and responsibilities transferred by this amendatory Act of the 97th General Assembly, the same shall be made, given, furnished, or served in the same manner to or upon the Illinois Criminal Justice Information Authority.
(g) This amendatory Act of the 97th General Assembly does not affect any act done, ratified, or canceled or any right occurring or established or any action or proceeding had or commenced in an administrative, civil, or criminal cause by the Illinois Violence Prevention Authority before this amendatory Act of the 97th General Assembly takes effect; such actions or proceedings may be prosecuted and continued by the Illinois Criminal Justice Information Authority.
(h) Any rules of the Illinois Violence Prevention Authority that relate to its powers, duties,
rights, and responsibilities and are in full force on the effective date of this amendatory Act of the 97th General Assembly shall become the rules of the Illinois Criminal Justice Information Authority. This amendatory Act of the 97th General Assembly does not affect the legality of any such rules in the Illinois Administrative Code. Illinois Criminal Justice Information Authority rules shall control in instances where the rules overlap or are otherwise inconsistent.
Any proposed rules filed with the Secretary of State by the Illinois Violence Prevention Authority that are pending in the rulemaking process on the effective date of this amendatory Act of the 97th General Assembly and pertain to the powers, duties,
rights, and responsibilities transferred, shall be deemed to have been filed by the Illinois Criminal Justice Information Authority. As soon as practicable after the effective date of this amendatory Act of the 97th General Assembly, the Illinois Criminal Justice Information Authority shall revise and clarify the rules transferred to it under this amendatory Act to reflect the reorganization of powers, duties,
rights, and responsibilities affected by this amendatory Act, using the procedures for recodification of rules available under the Illinois Administrative Procedure Act, except that existing title, part, and section numbering for the affected rules may be retained. The Illinois Criminal Justice Information Authority may propose and adopt under the Illinois Administrative Procedure Act such other rules of the Illinois Violence Prevention Authority that will now be administered by the Illinois Criminal Justice Information Authority.
(i) To the extent that, prior to the effective date of this amendatory Act of the 97th General Assembly, the Executive Director of the Illinois Violence Prevention Authority had been empowered to prescribe rules with regard to the powers, duties,
rights, and responsibilities of the Illinois Violence Prevention Authority, such duties shall be exercised solely by the Executive Director of the Illinois Criminal Justice Information Authority, beginning on the effective date of this amendatory Act of the 97th General Assembly.
(Source: P.A. 97-1151, eff. 1-25-13.)
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20 ILCS 3930/10.2 (20 ILCS 3930/10.2) Sec. 10.2. ICJIA Violence Prevention Fund. (a) The ICJIA Violence Prevention Fund is hereby established as a special fund in the State Treasury into which funds received from private, state, or federal sources specifically for violence prevention may be deposited, and from which funds shall be appropriated to the Authority for the purpose of exercising the powers specified in items (1) through (4) of subsection (a) of Section 10.1 of this Act. (b) The Fund is a continuation of the Violence Prevention Fund, which was created under Section 20 of the Illinois Violence Prevention Act and repealed by this amendatory Act of the 97th General Assembly. (c) Unexpended balances transferred by this amendatory Act of the 97th General Assembly may be expended by the Authority but only for the purpose for which the appropriation was originally made.
(Source: P.A. 97-1151, eff. 1-25-13.) |
20 ILCS 3930/11
(20 ILCS 3930/11) (from Ch. 38, par. 210-11)
Sec. 11.
Other Functions.
Effective April 1, 1983, if any of the
functions relating to the rights, powers, duties and responsibilities
described in paragraph (b) of Section 10 of this Act - other than such of
said functions, if any, as pertain primarily to the juvenile justice
programs referred to in paragraph (a) of Section 10 of this Act -- have not
been fully completed and performed by the Illinois Law Enforcement
Commission, the same shall be transferred to and assumed by the Authority.
(Source: P.A. 82-1039.)
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20 ILCS 3930/12
(20 ILCS 3930/12) (from Ch. 38, par. 210-12)
Sec. 12.
Administrative Action and Review.
The Illinois Administrative
Procedure Act, as amended, and the rules and regulations adopted thereunder
shall apply to and govern all administrative actions taken by the Authority,
where applicable, unless otherwise prescribed by this Act. Judicial review
of final administrative decisions may be had in accordance with the
Administrative Review Law, as now or hereafter amended.
(Source: P.A. 82-1039.)
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20 ILCS 3930/13
(20 ILCS 3930/13) (from Ch. 38, par. 210-13)
Sec. 13.
Construction of Act.
This Act shall be liberally construed
to achieve the purposes set forth in Section 2 of this Act.
Sections 1 through 13 of this Act shall in no respect be considered as
a repeal of, nor, except as herein provided with respect to the transfer
to the Authority of certain rights, powers, duties and responsibilities
of the Illinois Law Enforcement Commission under "An Act creating an Illinois
Law Enforcement Commission and defining its powers and duties", as a limitation
of the provisions of any existing law of this State concerning law enforcement
or criminal justice, but shall be construed as supplemental thereto.
(Source: P.A. 82-1039.)
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20 ILCS 3930/14
(20 ILCS 3930/14) (from Ch. 38, par. 210-14)
Sec. 14. Illinois Law Enforcement Commission. Effective April 1, 1983:
(a) The position of Executive Director of the Illinois Law Enforcement
Commission is abolished;
(b) The Illinois Law Enforcement Commission is abolished, and the terms
and appointments of its members and Chairman are terminated; and
(c) "An Act creating an Illinois Law Enforcement Commission and defining
its powers and duties", approved September 20, 1977, as now or hereafter
amended, is repealed.
(Source: P.A. 98-756, eff. 7-16-14.)
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20 ILCS 3930/15 (20 ILCS 3930/15) Sec. 15. (Repealed).
(Source: P.A. 99-873, eff. 1-1-17. Repealed internally, eff. 1-1-19.) |
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