(50 ILCS 705/6) (from Ch. 85, par. 506)
Sec. 6. Powers and duties of the Board; selection and certification of schools. The Board shall select
and certify schools within the State of
Illinois for the purpose of providing basic training for probationary law enforcement
officers, probationary county corrections officers, and
court security officers and
of providing advanced or in-service training for permanent law enforcement officers
or permanent
county corrections officers, which schools may be either publicly or
privately owned and operated. In addition, the Board has the following
power and duties:
a. To require law enforcement agencies to furnish |
| such reports and information as the Board deems necessary to fully implement this Act.
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b. To establish appropriate mandatory minimum
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| standards relating to the training of probationary local law enforcement officers or probationary county corrections officers, and in-service training of permanent law enforcement officers.
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c. To provide appropriate certification to those
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| probationary officers who successfully complete the prescribed minimum standard basic training course.
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d. To review and approve annual training curriculum
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e. To review and approve applicants to ensure that no
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| applicant is admitted to a certified academy unless the applicant is a person of good character and has not been convicted of, found guilty of, entered a plea of guilty to, or entered a plea of nolo contendere to a felony offense, any of the misdemeanors in Sections 11-1.50, 11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1, 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in violation of any Section of Part E of Title III of the Criminal Code of 1961 or the Criminal Code of 2012, or subsection (a) of Section 17-32 of the Criminal Code of 1961 or the Criminal Code of 2012, or Section 5 or 5.2 of the Cannabis Control Act, or a crime involving moral turpitude under the laws of this State or any other state which if committed in this State would be punishable as a felony or a crime of moral turpitude, or any felony or misdemeanor in violation of federal law or the law of any state that is the equivalent of any of the offenses specified therein. The Board may appoint investigators who shall enforce the duties conferred upon the Board by this Act.
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For purposes of this paragraph e, a person is
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| considered to have been convicted of, found guilty of, or entered a plea of guilty to, plea of nolo contendere to regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon. This includes sentences of supervision, conditional discharge, or first offender probation, or any similar disposition provided for by law.
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f. To establish statewide standards for minimum
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| standards regarding regular mental health screenings for probationary and permanent police officers, ensuring that counseling sessions and screenings remain confidential.
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g. To review and ensure all law enforcement officers
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| remain in compliance with this Act, and any administrative rules adopted under this Act.
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h. To suspend any certificate for a definite period,
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| limit or restrict any certificate, or revoke any certificate.
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i. The Board and the Panel shall have power to secure
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| by its subpoena and bring before it any person or entity in this State and to take testimony either orally or by deposition or both with the same fees and mileage and in the same manner as prescribed by law in judicial proceedings in civil cases in circuit courts of this State. The Board and the Panel shall also have the power to subpoena the production of documents, papers, files, books, documents, and records, whether in physical or electronic form, in support of the charges and for defense, and in connection with a hearing or investigation.
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j. The Executive Director, the administrative law
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| judge designated by the Executive Director, and each member of the Board and the Panel shall have the power to administer oaths to witnesses at any hearing that the Board is authorized to conduct under this Act and any other oaths required or authorized to be administered by the Board under this Act.
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k. In case of the neglect or refusal of any person to
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| obey a subpoena issued by the Board and the Panel, any circuit court, upon application of the Board and the Panel, through the Illinois Attorney General, may order such person to appear before the Board and the Panel give testimony or produce evidence, and any failure to obey such order is punishable by the court as a contempt thereof. This order may be served by personal delivery, by email, or by mail to the address of record or email address of record.
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l. The Board shall have the power to administer
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| state certification examinations. Any and all records related to these examinations, including, but not limited to, test questions, test formats, digital files, answer responses, answer keys, and scoring information shall be exempt from disclosure.
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m. To make grants, subject to appropriation, to units
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| of local government and public institutions of higher education for the purposes of hiring and retaining law enforcement officers.
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n. To make grants, subject to appropriation, to
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| local law enforcement agencies for costs associated with the expansion and support of National Integrated Ballistic Information Network (NIBIN) and other ballistic technology equipment for ballistic testing.
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(Source: P.A. 102-687, eff. 12-17-21; 102-694, eff. 1-7-22; 102-1115, eff. 1-9-23; 103-8, eff. 6-7-23.)
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(50 ILCS 705/6.3) Sec. 6.3. Discretionary decertification of full-time and part-time law enforcement officers. (a) Definitions. For purposes of this Section 6.3: "Duty to intervene" means an obligation to intervene to prevent harm from occurring that arises when: an officer is present, and has reason to know (1) that excessive force is being used or that any constitutional violation has been committed by a law enforcement official; and (2) the officer has a realistic opportunity to intervene. This duty applies equally to supervisory and nonsupervisory officers. If aid is required, the officer shall not, when reasonable to administer aid, knowingly and willingly refuse to render aid as defined by State or federal law. An officer does not violate this duty if the failure to render aid is due to circumstances such as lack of appropriate specialized training, lack of resources or equipment, or if it is unsafe or impracticable to render aid. "Excessive use of force" means using force in violation of State or federal law. "False statement" means (1) any knowingly false statement provided on a form or report, (2) that the writer does not believe to be true, and (3) that the writer includes to mislead a public servant in performing the public servant's official functions. "Perjury" means that as defined under Sections 32-2 and 32-3 of the Criminal Code of 2012. "Tampers with or fabricates evidence" means if a law enforcement officer (1) has reason to believe that an official proceeding is pending or may be instituted, and (2) alters, destroys, conceals, or removes any record, document, data, video or thing to impair its validity or availability in the proceeding. (b) Decertification conduct.
The Board has the authority to decertify a full-time or a part-time law enforcement officer upon a determination by the Board that the law enforcement officer has: (1) committed an act that would constitute a felony |
| or misdemeanor which could serve as basis for automatic decertification, whether or not the law enforcement officer was criminally prosecuted, and whether or not the law enforcement officer's employment was terminated;
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(2) exercised excessive use of force;
(3) failed to comply with the officer's duty to
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| intervene, including through acts or omissions;
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(4) tampered with a dash camera or body-worn camera
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| or data recorded by a dash camera or body-worn camera or directed another to tamper with or turn off a dash camera or body-worn camera or data recorded by a dash camera or body-worn camera for the purpose of concealing, destroying or altering potential evidence;
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(5) engaged in the following conduct relating to the
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| reporting, investigation, or prosecution of a crime: committed perjury, made a false statement, or knowingly tampered with or fabricated evidence; and
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(6) engaged in any unprofessional, unethical,
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| deceptive, or deleterious conduct or practice harmful to the public; such conduct or practice need not have resulted in actual injury to any person. As used in this paragraph, the term "unprofessional conduct" shall include any departure from, or failure to conform to, the minimal standards of acceptable and prevailing practice of an officer.
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(b-5) The Board has the authority to decertify a full-time or part-time law enforcement officer notwithstanding whether a law enforcement agency takes disciplinary action against a law enforcement officer for the same underlying conduct as outlined in subsection (b).
(c) Notice of Alleged Violation.
(1) The following individuals and agencies shall
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| notify the Board within 7 days of becoming aware of any violation described in subsection (b):
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(A) A law enforcement agency as defined in
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| Section 2 or any law enforcement officer of this State. For this subsection (c), law enforcement agency includes, but is not limited to, a civilian review board, an inspector general, and legal counsel for a law enforcement agency.
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(B) The Executive Director of the Board;
(C) A State's Attorney's Office of this State.
"Becoming aware" does not include confidential
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| communications between agency lawyers and agencies regarding legal advice. For purposes of this subsection, "law enforcement agency" does not include the Illinois Attorney General when providing legal representation to a law enforcement officer under the State Employee Indemnification Act.
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(2) Any person may also notify the Board of any
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| conduct the person believes a law enforcement officer has committed as described in subsection (b). Such notifications may be made confidentially. Notwithstanding any other provision in state law or any collective bargaining agreement, the Board shall accept notice and investigate any allegations from individuals who remain confidential.
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(3) Upon written request, the Board shall disclose to
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| the individual or entity who filed a notice of violation the status of the Board's review.
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(d) Form. The notice of violation reported under subsection (c) shall be on a form prescribed by the Board in its rules. The form shall be publicly available by paper and electronic means. The form shall include fields for the following information, at a minimum:
(1) the full name, address, and telephone number of
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| the person submitting the notice;
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(2) if submitted under subsection (c)(1), the agency
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| name and title of the person submitting the notice;
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(3) the full name, badge number, employing agency,
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| and physical description of the officer, if known;
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(4) the full name or names, address or addresses,
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| telephone number or numbers, and physical description or descriptions of any witnesses, if known;
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(5) a concise statement of facts that describe the
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| alleged violation and any copies of supporting evidence including but not limited to any photographic, video, or audio recordings of the incident;
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(6) whether the person submitting the notice has
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| notified any other agency; and
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(7) an option for an individual, who submits directly
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| to the Board, to consent to have the individual's identity disclosed. The identity of any individual providing information or reporting any possible or alleged violation to the Board shall be kept confidential and may not be disclosed without the consent of that individual, unless the individual consents to disclosure of the individual's name or disclosure of the individual's identity is otherwise required by law. The confidentiality granted by this subsection does not preclude the disclosure of the identity of a person in any capacity other than as the source of an allegation.
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Nothing in this subsection (d) shall preclude the Board from receiving, investigating, or acting upon allegations made confidentially or in a format different from the form provided for in this subsection.
(e) Preliminary review.
(1) The Board shall complete a preliminary review of
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| the allegations to determine whether there is sufficient information to warrant a further investigation of any violations of the Act. Upon initiating a preliminary review of the allegations, the Board shall notify the head of the law enforcement agency that employs the law enforcement officer who is the subject of the allegations. At the request of the Board, the law enforcement agency must submit any copies of investigative findings, evidence, or documentation to the Board in accordance with rules adopted by the Board to facilitate the Board's preliminary review. The Board may correspond with the law enforcement agency, official records clerks or any investigative agencies in conducting its preliminary review.
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(2) During the preliminary review, the Board will
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| take all reasonable steps to discover any and all objective verifiable evidence relevant to the alleged violation through the identification, retention, review, and analysis of all currently available evidence, including, but not limited to: all time-sensitive evidence, audio and video evidence, physical evidence, arrest reports, photographic evidence, GPS records, computer data, lab reports, medical documents, and witness interviews. All reasonable steps will be taken to preserve relevant evidence identified during the preliminary investigation.
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(3) If after a preliminary review of the alleged
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| violation or violations, the Board believes there is sufficient information to warrant further investigation of any violations of this Act, the alleged violation or violations shall be assigned for investigation in accordance with subsection (f).
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(4) If after a review of the allegations, the Board
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| believes there is insufficient information supporting the allegations to warrant further investigation, it may close a notice. Notification of the Board's decision to close a notice shall be sent to all relevant individuals, agencies, and any entities that received notice of the violation under subsection (c) within 30 days of the notice being closed, except in cases where the notice is submitted anonymously if the complainant is unknown.
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(5) Except when the Board has received notice under
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| subparagraph (A) of paragraph (1) of subsection (c), no later than 30 days after receiving notice, the Board shall report any notice of violation it receives to the relevant law enforcement agency, unless reporting the notice would jeopardize any subsequent investigation. The Board shall also record any notice of violation it receives to the Officer Professional Conduct Database in accordance with Section 9.2. The Board shall report to the appropriate State's Attorney any alleged violations that contain allegations, claims, or factual assertions that, if true, would constitute a violation of Illinois law. The Board shall inform the law enforcement officer via certified mail that it has received a notice of violation against the law enforcement officer.
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If the Board determines that due to the circumstances
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| and the nature of the allegation that it would not be prudent to notify the law enforcement officer and the officer's law enforcement agency unless and until the filing of a Formal Complaint, the Board shall document in the file the reason or reasons a notification was not made.
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(6) If the law enforcement officer is involved in a
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| criminal proceeding on the same subject as the notice of violation, the Board is responsible for maintaining a current status report including court dates, hearings, pleas, adjudication status and sentencing. A State's Attorney's Office must notify the Board of any criminal charges filed against a law enforcement officer, and must provide updates of significant developments to the Board in a timely manner but no later than 30 days after such developments.
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(f) Investigations; requirements. Investigations are to be assigned after a preliminary review, unless the investigations were closed under paragraph (4) of subsection (e), as follows in paragraphs (1), (2), and (3) of this subsection (f).
(1) A law enforcement agency that submits a notice of
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| violation to the Board under subparagraph (A) of paragraph (1) of subsection (c) shall be responsible for conducting an investigation of the underlying allegations except when: (i) the law enforcement agency refers the notice to another law enforcement agency or the Board for investigation and such other agency or the Board agrees to conduct the investigation; (ii) an external, independent, or civilian oversight agency conducts the investigation in accordance with local ordinance or other applicable law; or (iii) the Board has determined that it will conduct the investigation based upon the facts and circumstances of the alleged violation, including but not limited to, investigations regarding the Chief or Sheriff of a law enforcement agency, familial conflict of interests, complaints involving a substantial portion of a law enforcement agency, or complaints involving a policy of a law enforcement agency. Any agency or entity conducting an investigation under this paragraph (1) shall submit quarterly reports to the Board regarding the progress of the investigation. The quarterly report shall be reviewed by the individual or individuals at the Board who conducted the preliminary review, if available.
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Any agency or entity conducting an investigation under
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| this paragraph (1) shall, within 7 days of completing an investigation, deliver an Investigative Summary Report and copies of any administrative evidence to the Board. If the Board finds an investigation conducted under this paragraph (1) is incomplete, unsatisfactory, or deficient in any way, the Board may direct the investigating entity or agency to take any additional investigative steps deemed necessary to thoroughly and satisfactorily complete the investigation, or the Board may take any steps necessary to complete the investigation. The investigating entity or agency or, when necessary, the Board will then amend and re-submit the Investigative Summary Report to the Board for approval.
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The Board shall submit a report to the investigating
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| entity disclosing the name, address, and telephone numbers of persons who have knowledge of facts which are the subject of the investigation and identifying the subject matter of their knowledge.
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(2) The Board shall investigate and complete an
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| Investigative Summary Report when a State's Attorney's Office submits a notice of violation to the Board under (c)(1)(C).
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(3) When a person submits a notice to the Board under
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| paragraph (2) of subsection (c), The Board shall assign the investigation to the law enforcement agency that employs the law enforcement officer, except when: (i) the law enforcement agency requests to refer the notice to another law enforcement agency or the Board for investigation and such other agency or the Board agrees to conduct the investigation; (ii) an external, independent, or civilian oversight agency conducts the investigation in accordance with local ordinance or other applicable law; or (iii) the Board has determined that it will conduct the investigation based upon the facts and circumstances of the alleged violation, including but not limited to, investigations regarding the Chief or Sheriff of a law enforcement agency, familial conflict of interests, complaints involving a substantial portion of a law enforcement agency, or complaints involving a policy of a law enforcement agency.
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The investigating entity or agency shall submit
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| quarterly reports to the Board regarding the progress of the investigation in a form to be determined by the Board. The quarterly report shall be reviewed by the individual at the Board who conducted the preliminary review, if available.
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The investigating entity or agency shall, within 7 days
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| of completing an investigation, deliver an Investigative Summary Report and copies of any evidence to the Board. If the Board finds an investigation conducted under this subsection (f)(3) is incomplete, unsatisfactory, or deficient in any way, the Board may direct the investigating entity to take any additional investigative steps deemed necessary to thoroughly and satisfactorily complete the investigation, or the Board may take any steps necessary to complete the investigation. The investigating entity or agency or, when necessary, the Board will then amend and re-submit the Investigative Summary Report to the Board for approval. The investigating entity shall cooperate with and assist the Board, as necessary, in any subsequent investigation.
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(4) Concurrent Investigations. The Board may, at any
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| point, initiate a concurrent investigation under this section. The original investigating entity shall timely communicate, coordinate, and cooperate with the Board to the fullest extent. The Board shall promulgate rules that shall address, at a minimum, the sharing of information and investigative means such as subpoenas and interviewing witnesses.
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(5) Investigative Summary Report. An Investigative
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| Summary Report shall contain, at a minimum, the allegations and elements within each allegation followed by the testimonial, documentary, or physical evidence that is relevant to each such allegation or element listed and discussed in association with it. All persons who have been interviewed and listed in the Investigative Summary Report will be identified as a complainant, witness, person with specialized knowledge, or law enforcement employee.
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(6) Each law enforcement agency shall adopt a written
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| policy regarding the investigation of conduct under subsection (a) that involves a law enforcement officer employed by that law enforcement agency. The written policy adopted must include the following, at a minimum:
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(a) Each law enforcement officer shall
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| immediately report any conduct under subsection (b) to the appropriate supervising officer.
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(b) The written policy under this Section shall
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| be available for inspection and copying under the Freedom of Information Act, and not subject to any exemption of that Act.
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(7) Nothing in this Act shall prohibit a law
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| enforcement agency from conducting an investigation for the purpose of internal discipline. However, any such investigation shall be conducted in a manner that avoids interference with, and preserves the integrity of, any separate investigation by the Board being conducted.
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(g) Formal complaints. Upon receipt of an Investigative Summary Report, the Board shall review the Report and any relevant evidence obtained and determine whether there is reasonable basis to believe that the law enforcement officer committed any conduct that would be deemed a violation of this Act. If after reviewing the Report and any other relevant evidence obtained, the Board determines that a reasonable basis does exist, the Board shall file a formal complaint with the Certification Review Panel.
(h) Formal Complaint Hearing.
(1) Upon issuance of a formal complaint, the Panel
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| shall set the matter for an initial hearing in front of an administrative law judge. At least 30 days before the date set for an initial hearing, the Panel must, in writing, notify the law enforcement officer subject to the complaint of the following:
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(i) the allegations against the law enforcement
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| officer, the time and place for the hearing, and whether the law enforcement officer's certification has been temporarily suspended under Section 8.3;
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(ii) the right to file a written answer to the
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| complaint with the Panel within 30 days after service of the notice;
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(iii) if the law enforcement officer fails to
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| comply with the notice of the default order in paragraph (2), the Panel shall enter a default order against the law enforcement officer along with a finding that the allegations in the complaint are deemed admitted, and that the law enforcement officer's certification may be revoked as a result; and
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(iv) the law enforcement officer may request an
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| informal conference to surrender the officer's certification.
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(2) The Board shall send the law enforcement
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| officer notice of the default order. The notice shall state that the officer has 30 days to notify the Board in writing of their desire to have the order vacated and to appear before the Board. If the law enforcement officer does not notify the Board within 30 days, the Board may set the matter for hearing. If the matter is set for hearing, the Board shall send the law enforcement officer the notice of the date, time and location of the hearing. If the law enforcement officer or counsel for the officer does appear, at the Board's discretion, the hearing may proceed or may be continued to a date and time agreed upon by all parties. If on the date of the hearing, neither the law enforcement officer nor counsel for the officer appears, the Board may proceed with the hearing for default in their absence.
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(3) If the law enforcement officer fails to comply
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| with paragraph (2), all of the allegations contained in the complaint shall be deemed admitted and the law enforcement officer shall be decertified if, by a majority vote of the panel, the conduct charged in the complaint is found to constitute sufficient grounds for decertification under this Act. Notice of the decertification decision may be served by personal delivery, by mail, or, at the discretion of the Board, by electronic means as adopted by rule to the address or email address specified by the law enforcement officer in the officer's last communication with the Board. Notice shall also be provided to the law enforcement officer's employing law enforcement agency.
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(4) The Board, at the request of the law enforcement
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| officer subject to the Formal Complaint, may suspend a hearing on a Formal Complaint for no more than one year if a concurrent criminal matter is pending. If the law enforcement officer requests to have the hearing suspended, the law enforcement officer's certification shall be deemed inactive until the law enforcement officer's Formal Complaint hearing concludes. The Board or the law enforcement officer may request to have the hearing suspended for up to 6 additional months for good cause. This request may be renewed. For purposes of this paragraph (4), "good cause" means an incident or occurrence that is beyond the control of the requester and that prevents the hearing from occurring, or holding the hearing would impose an undue hardship or prejudice on the requester.
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(5) Surrender of certification or waiver. Upon the
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| Board's issuance of a complaint, and prior to hearing on the matter, a law enforcement officer may choose to surrender the officer's certification or waiver by notifying the Board in writing of the officer's decision to do so. Upon receipt of such notification from the law enforcement officer, the Board shall immediately decertify the officer, or revoke any waiver previously granted. In the case of a surrender of certification or waiver, the Board's proceeding shall terminate.
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(6) Appointment of administrative law judges. The
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| Board shall retain any attorney licensed to practice law in the State of Illinois to serve as an administrative law judge in any action involving a law enforcement officer under this Act. The administrative law judge shall be retained to a term of no greater than 4 years. If more than one judge is retained, the terms shall be staggered. The administrative law judge has full authority to conduct the hearings.
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Administrative law judges will receive initial and
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| annual training that is adequate in quality, quantity, scope, and type, and will cover, at minimum the following topics:
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(i) constitutional and other relevant law on
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| police-community encounters, including the law on the use of force and stops, searches, and arrests;
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(ii) police tactics;
(iii) investigations of police conduct;
(iv) impartial policing;
(v) policing individuals in crisis;
(vi) Illinois police policies, procedures, and
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(vii) procedural justice; and
(viii) community outreach.
The Board shall determine the content and extent of
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| the training within the scope provided for by this subsection.
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(7) Hearing. At the hearing, the administrative law
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| judge will hear the allegations alleged in the complaint. The law enforcement officer, the counsel of the officer's choosing, and the Board, or the officer's counsel, shall be afforded the opportunity to present any pertinent statements, testimony, evidence, and arguments. The law enforcement officer shall be afforded the opportunity to request that the Board compel the attendance of witnesses and production of related documents. After the conclusion of the hearing, the administrative law judge shall report any findings of fact, conclusions of law, and recommended disposition to the Panel. If the law enforcement officer objects to any procedural or substantive legal portion of the report, the officer may do so by written brief filed with the Panel within 14 days after receipt of the report. The Panel may grant reasonable extensions for good cause shown or when mutually agreed upon by the parties.
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No later than 28 days before the hearing, a party
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| shall disclose the following:
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(i) The name and, if known, the address and
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| telephone number of each individual likely to have information relevant to the hearing that the disclosing party may use to support its claims or defenses. This includes, but is not limited to, any name that has previously been held as confidential by the Board.
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(ii) A copy of any documents and videos that
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| are in the possession, custody, or control of the party, and that the disclosing party may use to support its claims or defenses.
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(8) Certification Review Meeting. Upon receipt of
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| the administrative law judge's findings of fact, conclusions of law, and recommended disposition, and any submitted objections from the law enforcement officer, the Panel shall call for a certification review meeting.
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In such a meeting, the Panel may adjourn into a
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| closed conference for the purposes of deliberating on the evidence presented during the hearing. In closed conference, the Panel shall consider the hearing officer's findings of fact, conclusions of law, and recommended disposition and may deliberate on all evidence and testimony received and may consider the weight and credibility to be given to the evidence received. No new or additional evidence may be presented to the Panel. After concluding its deliberations, the Panel shall convene in open session for its consideration of the matter. If a simple majority of the Panel finds that no allegations in the complaint supporting one or more charges of misconduct are proven by clear and convincing evidence, then the Panel shall recommend to the Board that the complaint be dismissed. If a simple majority of the Panel finds that the allegations in the complaint supporting one or more charges of misconduct are proven by clear and convincing evidence, then the Panel shall recommend to the Board to decertify the officer. The Panel shall prepare a summary report as soon as practicable after the completion of the meeting including the following: the hearing officer's findings of fact, conclusions of law, recommended disposition, and the Panel's order.
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(9) Final action by the Board. After receiving the
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| Panel's recommendations and any objections by the law enforcement officer, and after due consideration of the Panel's recommendations, the Board, by majority vote, shall issue a final decision to decertify the law enforcement officer or take no action in regard to the law enforcement officer. No new or additional evidence may be presented to the Board. If the Board makes a final decision contrary to the recommendations of the Panel, the Board shall set forth in its final written decision the specific written reasons for not following the Panel's recommendations. A copy of the Board's final decision shall be served upon the law enforcement officer by the Board, either personally or as provided in this Act for the service of a notice of hearing. A copy of the Board's final decision also shall be delivered to the last employing law enforcement agency, the complainant, and the Panel.
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(10) Reconsideration of the Board's Decision. Within
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| 30 days after service of the Board's final decision, the Panel or the law enforcement officer may file a written motion for reconsideration with the Review Committee. The motion for reconsideration shall specify the particular grounds for reconsideration. The non-moving party may respond to the motion for reconsideration. The Review Committee shall only address the issues raised by the parties.
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The Review Committee may deny the motion for
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| reconsideration, or it may grant the motion in whole or in part and issue a new final decision in the matter. The Review Committee must notify the law enforcement officer and their last employing law enforcement agency within 14 days of a denial and state the reasons for denial.
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(i) This Section applies to conduct by a full-time or part-time law enforcement officer in violation of subsection (b) that occurred before, on, or after the effective date of this amendatory Act of the 102nd General Assembly.
(j) Notwithstanding any provision of law to the contrary, the changes made to this Section by this amendatory Act of the 102nd General Assembly and Public Act 101-652 take effect July 1, 2022.
(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
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(50 ILCS 705/7)
Sec. 7. Rules and standards for schools. The Board shall adopt rules and
minimum standards for such schools which shall include, but not be limited to,
the following:
a. The curriculum for probationary law enforcement |
| officers which shall be offered by all certified schools shall include, but not be limited to, courses of procedural justice, arrest and use and control tactics, search and seizure, including temporary questioning, civil rights, human rights, human relations, cultural competency, including implicit bias and racial and ethnic sensitivity, criminal law, law of criminal procedure, constitutional and proper use of law enforcement authority, crisis intervention training, vehicle and traffic law including uniform and non-discriminatory enforcement of the Illinois Vehicle Code, traffic control and crash investigation, techniques of obtaining physical evidence, court testimonies, statements, reports, firearms training, training in the use of electronic control devices, including the psychological and physiological effects of the use of those devices on humans, first-aid (including cardiopulmonary resuscitation), training in the administration of opioid antagonists as defined in paragraph (1) of subsection (e) of Section 5-23 of the Substance Use Disorder Act, handling of juvenile offenders, recognition of mental conditions and crises, including, but not limited to, the disease of addiction, which require immediate assistance and response and methods to safeguard and provide assistance to a person in need of mental treatment, recognition of abuse, neglect, financial exploitation, and self-neglect of adults with disabilities and older adults, as defined in Section 2 of the Adult Protective Services Act, crimes against the elderly, law of evidence, the hazards of high-speed police vehicle chases with an emphasis on alternatives to the high-speed chase, and physical training. The curriculum shall include specific training in techniques for immediate response to and investigation of cases of domestic violence and of sexual assault of adults and children, including cultural perceptions and common myths of sexual assault and sexual abuse as well as interview techniques that are age sensitive and are trauma informed, victim centered, and victim sensitive. The curriculum shall include training in techniques designed to promote effective communication at the initial contact with crime victims and ways to comprehensively explain to victims and witnesses their rights under the Rights of Crime Victims and Witnesses Act and the Crime Victims Compensation Act. The curriculum shall also include training in effective recognition of and responses to stress, trauma, and post-traumatic stress experienced by law enforcement officers that is consistent with Section 25 of the Illinois Mental Health First Aid Training Act in a peer setting, including recognizing signs and symptoms of work-related cumulative stress, issues that may lead to suicide, and solutions for intervention with peer support resources. The curriculum shall include a block of instruction addressing the mandatory reporting requirements under the Abused and Neglected Child Reporting Act. The curriculum shall also include a block of instruction aimed at identifying and interacting with persons with autism and other developmental or physical disabilities, reducing barriers to reporting crimes against persons with autism, and addressing the unique challenges presented by cases involving victims or witnesses with autism and other developmental disabilities. The curriculum shall include training in the detection and investigation of all forms of human trafficking. The curriculum shall also include instruction in trauma-informed responses designed to ensure the physical safety and well-being of a child of an arrested parent or immediate family member; this instruction must include, but is not limited to: (1) understanding the trauma experienced by the child while maintaining the integrity of the arrest and safety of officers, suspects, and other involved individuals; (2) de-escalation tactics that would include the use of force when reasonably necessary; and (3) inquiring whether a child will require supervision and care. The curriculum for probationary law enforcement officers shall include: (1) at least 12 hours of hands-on, scenario-based role-playing; (2) at least 6 hours of instruction on use of force techniques, including the use of de-escalation techniques to prevent or reduce the need for force whenever safe and feasible; (3) specific training on officer safety techniques, including cover, concealment, and time; and (4) at least 6 hours of training focused on high-risk traffic stops. The curriculum for permanent law enforcement officers shall include, but not be limited to: (1) refresher and in-service training in any of the courses listed above in this subparagraph, (2) advanced courses in any of the subjects listed above in this subparagraph, (3) training for supervisory personnel, and (4) specialized training in subjects and fields to be selected by the board. The training in the use of electronic control devices shall be conducted for probationary law enforcement officers, including University police officers. The curriculum shall also include training on the use of a firearms restraining order by providing instruction on the process used to file a firearms restraining order and how to identify situations in which a firearms restraining order is appropriate.
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b. Minimum courses of study, attendance requirements
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| and equipment requirements.
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c. Minimum requirements for instructors.
d. Minimum basic training requirements, which a
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| probationary law enforcement officer must satisfactorily complete before being eligible for permanent employment as a local law enforcement officer for a participating local governmental or State governmental agency. Those requirements shall include training in first aid (including cardiopulmonary resuscitation).
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e. Minimum basic training requirements, which a
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| probationary county corrections officer must satisfactorily complete before being eligible for permanent employment as a county corrections officer for a participating local governmental agency.
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f. Minimum basic training requirements which a
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| probationary court security officer must satisfactorily complete before being eligible for permanent employment as a court security officer for a participating local governmental agency. The Board shall establish those training requirements which it considers appropriate for court security officers and shall certify schools to conduct that training.
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A person hired to serve as a court security officer
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| must obtain from the Board a certificate (i) attesting to the officer's successful completion of the training course; (ii) attesting to the officer's satisfactory completion of a training program of similar content and number of hours that has been found acceptable by the Board under the provisions of this Act; or (iii) attesting to the Board's determination that the training course is unnecessary because of the person's extensive prior law enforcement experience.
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Individuals who currently serve as court security
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| officers shall be deemed qualified to continue to serve in that capacity so long as they are certified as provided by this Act within 24 months of June 1, 1997 (the effective date of Public Act 89-685). Failure to be so certified, absent a waiver from the Board, shall cause the officer to forfeit his or her position.
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All individuals hired as court security officers on
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| or after June 1, 1997 (the effective date of Public Act 89-685) shall be certified within 12 months of the date of their hire, unless a waiver has been obtained by the Board, or they shall forfeit their positions.
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The Sheriff's Merit Commission, if one exists, or the
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| Sheriff's Office if there is no Sheriff's Merit Commission, shall maintain a list of all individuals who have filed applications to become court security officers and who meet the eligibility requirements established under this Act. Either the Sheriff's Merit Commission, or the Sheriff's Office if no Sheriff's Merit Commission exists, shall establish a schedule of reasonable intervals for verification of the applicants' qualifications under this Act and as established by the Board.
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g. Minimum in-service training requirements, which a
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| law enforcement officer must satisfactorily complete every 3 years. Those requirements shall include constitutional and proper use of law enforcement authority, procedural justice, civil rights, human rights, reporting child abuse and neglect, and cultural competency, including implicit bias and racial and ethnic sensitivity. These trainings shall consist of at least 30 hours of training every 3 years.
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h. Minimum in-service training requirements, which a
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| law enforcement officer must satisfactorily complete at least annually. Those requirements shall include law updates, emergency medical response training and certification, crisis intervention training, and officer wellness and mental health.
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i. Minimum in-service training requirements as set
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Notwithstanding any provision of law to the contrary, the changes made to this Section by Public Act 101-652, Public Act 102-28, and Public Act 102-694 take effect July 1, 2022.
(Source: P.A. 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-982, eff. 7-1-23; 103-154, eff. 6-30-23.)
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(50 ILCS 705/8.2)
Sec. 8.2. Part-time law enforcement officers.
(a) A person hired to serve as a part-time law enforcement
officer must obtain from the Board a certificate (i) attesting to the officer's successful completion of the part-time police training course; (ii)
attesting to the officer's satisfactory completion of a training program of
similar content and number of hours that has been found acceptable by the
Board under the provisions of this Act; or (iii) a training waiver attesting to the Board's
determination that the part-time police training course is unnecessary because
of the person's prior law enforcement experience obtained in Illinois, in any other state, or with an agency of the federal government.
A person hired on or after the effective date of this amendatory Act of the
92nd General Assembly must obtain this certificate within 18 months after the
initial date of hire as a probationary part-time law enforcement officer in the State of
Illinois. The probationary part-time law enforcement officer must be enrolled and
accepted into a Board-approved course within 6 months after active employment
by any department in the State.
A person hired
on or after January 1, 1996 and before the effective date of this amendatory
Act of the 92nd General Assembly must obtain this certificate within 18
months
after the date of hire. A person hired before
January 1, 1996 must obtain this certificate within 24 months after the
effective date of this amendatory Act of 1995. Agencies seeking a reciprocity waiver for training completed outside of Illinois must conduct a thorough background check and provide verification of the officer's prior training. After review and satisfaction of all requested conditions, the officer shall be awarded an equivalency certificate satisfying the requirements of this Section. Within 60 days after the effective date of this amendatory Act of the 103rd General Assembly, the Board shall adopt uniform rules providing for a waiver process for a person previously employed and qualified as a law enforcement or county corrections officer under federal law or the laws of any other state, or who has completed a basic law enforcement officer or correctional officer academy who would be qualified to be employed as a law enforcement officer or correctional officer by the federal government or any other state. These rules shall address the process for evaluating prior training credit, a description and list of the courses typically required for reciprocity candidates to complete prior to taking the exam, and a procedure for employers seeking a pre-activation determination for a reciprocity training waiver. The rules shall provide that any eligible person previously trained as a law enforcement or county corrections officer under federal law or the laws of any other state shall successfully complete the following prior to the approval of a waiver: (1) a training program or set of coursework approved |
| by the Board on the laws of this State relevant to the duties and training requirements of law enforcement and county correctional officers;
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(2) firearms training; and
(3) successful passage of the equivalency
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| certification examination.
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The employing agency may seek an extension waiver from the Board extending the period
for compliance. An extension waiver shall be issued only for good and justifiable
reasons, and the probationary part-time law enforcement officer may not practice as a
part-time law enforcement
officer during the extension waiver period. If training is
required and not completed within the applicable time period, as extended by
any waiver that may be granted, then the officer must forfeit the officer's
position.
An individual who is not certified by the Board or whose certified status is inactive shall not function as a law enforcement officer, be assigned the duties of a law enforcement officer by an agency, or be authorized to carry firearms under the authority of the employer, except that sheriffs who are elected are exempt from the requirement of certified status. Failure to be in accordance with this Act shall cause the officer to forfeit the officer's position.
(a-5) A part-time probationary law enforcement officer shall be allowed to complete six months of a part-time police training course and function as a law enforcement officer as permitted by this subsection with a waiver from the Board, provided the part-time law enforcement officer is still enrolled in the training course. If the part-time probationary law enforcement officer withdraws from the course for any reason or does not complete the course within the applicable time period, as extended by any waiver that may be granted, then the officer must forfeit the officer's position. A probationary law enforcement officer must function under the following rules:
(1) A law enforcement agency may not grant a person
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| status as a law enforcement officer unless the person has been granted an active law enforcement officer certification by the Board.
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(2) A part-time probationary law enforcement officer
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| shall not be used as a permanent replacement for a full-time law enforcement.
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(3) A part-time probationary law enforcement officer
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| shall be directly supervised at all times by a Board certified law enforcement officer. Direct supervision requires oversight and control with the supervisor having final decision-making authority as to the actions of the recruit during duty hours.
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(b) Inactive status. A person who has an inactive law enforcement officer certification has no law enforcement authority.
(1) A law enforcement officer's certification becomes
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| inactive upon termination, resignation, retirement, or separation from the employing agency for any reason. The Board shall re-activate a certification upon written application from the law enforcement officer's employing agency that shows the law enforcement officer: (i) has accepted a part-time law enforcement position with that a law enforcement agency, (ii) is not the subject of a decertification proceeding, and (iii) meets all other criteria for re-activation required by the Board.
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The Board may refuse to re-activate the certification
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| of a law enforcement officer who was involuntarily terminated for good cause by the officer's employing agency for conduct subject to decertification under this Act or resigned or retired after receiving notice of a law enforcement agency's investigation.
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(2) A law enforcement agency may place an officer who
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| is currently certified on inactive status by sending a written request to the Board. A law enforcement officer whose certificate has been placed on inactive status shall not function as a law enforcement officer until the officer has completed any requirements for reactivating the certificate as required by the Board. A request for inactive status in this subsection shall be in writing, accompanied by verifying documentation, and shall be submitted to the Board by the law enforcement officer's employing agency.
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(3) Certification that has become inactive under
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| paragraph (2) of this subsection (b), shall be reactivated by written notice from the law enforcement officer's law enforcement agency upon a showing that the law enforcement officer is: (i) employed in a part-time law enforcement position with the same law enforcement agency, (ii) not the subject of a decertification proceeding, and (iii) meets all other criteria for re-activation required by the Board. The Board may also establish special training requirements to be completed as a condition for re-activation.
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The Board shall review a notice for reactivation from
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| a law enforcement agency and provide a response within 30 days. The Board may extend this review. A law enforcement officer shall be allowed to be employed as a part-time law enforcement officer while the law enforcement officer reactivation waiver is under review.
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A law enforcement officer who is refused reactivation
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| or an employing agency of a law enforcement officer who is refused reactivation under this Section may request a hearing in accordance with the hearing procedures as outlined in subsection (h) of Section 6.3 of this Act.
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(4) Notwithstanding paragraph (3) of this Section, a
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| law enforcement officer whose certification has become inactive under paragraph (2) may have the officer's employing agency submit a request for a waiver of training requirements to the Board in writing and accompanied by any verifying documentation. A grant of a waiver is within the discretion of the Board. Within 7 days of receiving a request for a waiver under this section, the Board shall notify the law enforcement officer and the chief administrator of the law enforcement officer's employing agency, whether the request has been granted, denied, or if the Board will take additional time for information. A law enforcement agency or law enforcement officer, whose request for a waiver under this subsection is denied, is entitled to request a review of the denial by the Board. The law enforcement agency must request a review within 20 days after the waiver being denied. The burden of proof shall be on the law enforcement agency to show why the law enforcement officer is entitled to a waiver of the legislatively required training and eligibility requirements.
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(c) The part-time police training course referred to in this Section
shall be of similar content and the same number of hours as the courses for
full-time officers and
shall be provided by
Mobile Team In-Service Training Units under the Intergovernmental Law
Enforcement Officer's In-Service Training Act or by another approved program
or facility in a manner prescribed by the
Board.
(d) Within 14 days, a law enforcement officer shall report to the Board: (1) any name change; (2) any change in employment; or (3) the filing of any criminal indictment or charges against the officer alleging that the officer committed any offense as enumerated in Section 6.1 of this Act.
(e) All law enforcement officers must report the completion of the training requirements required in this Act in compliance with Section 8.4 of this Act.
(e-1) Each employing agency shall allow and provide an opportunity for a law enforcement officer to complete the requirements in this Act. All mandated training shall be provided for at no cost to the employees. Employees shall be paid for all time spent attending mandated training.
(e-2) Each agency, academy, or training provider shall maintain proof of a law enforcement officer's completion of legislatively required training in a format designated by the Board. The report of training shall be submitted to the Board within 30 days following completion of the training. A copy of the report shall be submitted to the law enforcement officer. Upon receipt of a properly completed report of training, the Board will make the appropriate entry into the training records of the law enforcement officer.
(f) For the purposes of this Section, the Board shall adopt rules defining
what constitutes employment on a part-time basis.
(g) Notwithstanding any provision of law to the contrary, the changes made to this Section by this amendatory Act of the 102nd General Assembly and Public Act 101-652 take effect July 1, 2022.
(Source: P.A. 102-694, eff. 1-7-22; 103-389, eff. 1-1-24 .)
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(50 ILCS 705/9.2) Sec. 9.2. Officer professional conduct database; transparency. (a) All law enforcement agencies and the Illinois State Police shall notify the Board of any final determination of a willful violation of department, agency, or the Illinois State Police policy, official misconduct, or violation of law within 10 days when: (1) the determination leads to a suspension of at |
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(2) any infraction that would trigger an official or
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| formal investigation under a law enforcement agency or the Illinois State Police policy;
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(3) there is an allegation of misconduct or
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| regarding truthfulness as to a material fact, bias, or integrity; or
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(4) the officer resigns or retires during the course
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| of an investigation and the officer has been served notice that the officer is under investigation.
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Agencies and the Illinois State Police may report to the Board any conduct they deem appropriate to disseminate to another law enforcement agency regarding a law enforcement officer.
The agency or the Illinois State Police shall report to the Board within 10 days of a final determination and final exhaustion of any administrative appeal, or the law enforcement officer's resignation or retirement, and shall provide information regarding the nature of the violation. This notification shall not necessarily trigger certification review.
A law enforcement agency and the Illinois State Police shall be immune from liability for a disclosure made as described in this subsection, unless the disclosure would constitute intentional misrepresentation or gross negligence.
(b) Within 14 days after receiving notification from a law enforcement agency or the Illinois State Police, the Board must notify the law enforcement officer of the report and the officer's right to provide a statement regarding the reported violation. The law enforcement officer shall have 14 days from receiving notice to provide a written objection contesting information included in the agency's report. The objection must be filed with the Board on a form prescribed by the Board and a copy must be served on the law enforcement agency. The objection shall remain in the database with the reported violation.
(c) The Board shall maintain a database readily available to any chief administrative officer, or the officer's designee, of a law enforcement agency and the Illinois State Police that shall show for each law enforcement officer: (i) dates of certification, decertification, and inactive status; (ii) each sustained instance of departmental misconduct that lead to a suspension at least 10 days or any infraction that would trigger an official or formal investigation under the law enforcement agency policy, any allegation of misconduct regarding truthfulness as to a material fact, bias, or integrity, or any other reported violation, the nature of the violation, the reason for the final decision of discharge or dismissal, and any statement provided by the officer; (iii) date of separation from employment from any local or state law enforcement agency; (iv) the reason for separation from employment, including, but not limited to: whether the separation was based on misconduct or occurred while the law enforcement agency was conducting an investigation of the certified individual for a violation of an employing agency's rules, policy or procedure or other misconduct or improper action.
(1) This database shall also be accessible to the
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| State's Attorney of any county in this State and the Attorney General for the purpose of complying with obligations under Brady v. Maryland (373 U.S. 83) or Giglio v. United States (405 U.S. 150). This database shall also be accessible to the chief administrative officer of any law enforcement agency for the purposes of hiring law enforcement officers. This database shall not be accessible to anyone not listed in this subsection.
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(2) Before a law enforcement agency may appoint a law
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| enforcement officer or a person seeking a certification as a law enforcement officer in this State, the chief administrative officer or designee must check the Officer Professional Conduct Database, contact each person's previous law enforcement employers, and document the contact. This documentation must be available for review by the Board for a minimum of five years after the law enforcement officer's termination, retirement, resignation or separation with that agency.
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(3) The database, documents, materials, or other
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| information in the possession or control of the Board that are obtained by or disclosed to the Board under this subsection shall be confidential by law and privileged, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action when sought from the Board. However, the Board is authorized to use such documents, materials, or other information in furtherance of any regulatory or legal action brought as part of the Board's official duties. The Board shall not disclose the database or make such documents, materials, or other information it has obtained or that has been disclosed to it to the public. Neither the Board nor any person who received documents, materials or other information shared under this subsection shall be required to testify in any private civil action concerning the database or any confidential documents, materials, or information subject to this subsection.
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(d) The Board shall maintain a searchable database of law enforcement officers accessible to the public that shall include: (i) the law enforcement officer's employing agency; (ii) the date of the officer's initial certification and the officer's current certification status; and (iii) any sustained complaint of misconduct that resulted in decertification and the date thereof; provided, however, that information shall not be included in the database that would allow the public to ascertain the home address of an officer or another person; provided further, that information regarding an officer's or another person's family member shall not be included in the database. The Board shall make the database publicly available on its website.
(e) The Board shall maintain a searchable database of all completed investigations against law enforcement officers related to decertification. The database shall identify each law enforcement officer by a confidential and anonymous number and include: (i) the law enforcement officer's employing agency; (ii) the date of the incident referenced in the complaint; (iii) the location of the incident; (iv) the race and ethnicity of each officer involved in the incident; (v) the age, gender, race and ethnicity of each person involved in the incident, if known; (vi) whether a person in the complaint, including a law enforcement officer, was injured, received emergency medical care, was hospitalized or died as a result of the incident; (vii) the law enforcement agency or other entity assigned to conduct an investigation of the incident; (viii) when the investigation was completed; (ix) whether the complaint was sustained; and (x) the type of misconduct investigated; provided, however, that the Board shall redact or withhold such information as necessary to prevent the disclosure of the identity of an officer. The Board shall make the database publicly available on its website.
(e-1) An investigation is complete when the investigation has either been terminated or the decertification action, including the administrative review process, has been completed, whichever is later.
(e-2) At any time, a law enforcement officer shall have access to the law enforcement officer's own records on file with the Board, as it pertains to the databases in this Section.
(f) Annual report. The Board shall submit an annual report to the Governor, Attorney General, President and Minority Leader of the Senate, and the Speaker and Minority Leader of the House of Representatives on or before March 1, 2023, and every year thereafter indicating:
(1) the number of complaints received in the
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| preceding calendar year, including but not limited to the race, gender, and type of discretionary decertification complaints received;
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(2) the number of investigations initiated in the
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| preceding calendar year since the date of the last report;
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(3) the number of investigations concluded in the
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(4) the number of investigations pending as of the
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| last date of the preceding calendar year;
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(5) the number of hearings held in the preceding
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(6) the number of officers decertified in the
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The annual report shall be publicly available on the website of the Board.
(g) Nothing in this Section shall exempt a law enforcement agency from which the Board has obtained data, documents, materials, or other information or that has disclosed data, documents, materials, or other information to the Board from disclosing public records in accordance with the Freedom of Information Act.
(h) Notwithstanding any provision of law to the contrary, the changes made to this Section by this amendatory Act of the 102nd General Assembly and Public Act 101-652 take effect July 1, 2022.
(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
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