[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_HB3759
20 ILCS 301/5-10
20 ILCS 301/10-45
20 ILCS 2605/55a from Ch. 127, par. 55a
20 ILCS 2630/8 from Ch. 38, par. 206-8
20 ILCS 2635/3 from Ch. 38, par. 1603
20 ILCS 3930/3 from Ch. 38, par. 210-3
20 ILCS 3930/4 from Ch. 38, par. 210-4
20 ILCS 3930/5 from Ch. 38, par. 210-5
20 ILCS 3930/6 from Ch. 38, par. 210-6
20 ILCS 3930/7 from Ch. 38, par. 210-7
20 ILCS 3930/8 from Ch. 38, par. 210-8
20 ILCS 3930/9 from Ch. 38, par. 210-9
20 ILCS 3930/9.1
20 ILCS 3930/10 from Ch. 38, par. 210-10
20 ILCS 3930/11 from Ch. 38, par. 210-11
20 ILCS 3930/12 from Ch. 38, par. 210-12
20 ILCS 3930/13 from Ch. 38, par. 210-13
20 ILCS 4005/3 from Ch. 95 1/2, par. 1303
20 ILCS 4005/4 from Ch. 95 1/2, par. 1304
20 ILCS 4005/6 from Ch. 95 1/2, par. 1306
20 ILCS 4005/8 from Ch. 95 1/2, par. 1308
20 ILCS 4027/10
730 ILCS 5/3-6-3.1
Amends various Acts. Abolishes the Illinois Criminal
Justice Information Authority as a separate governmental
unit. Changes its name to the Illinois Criminal Justice
Information Board under the control of the Department of
State Police. Provides that the Executive Director of the
Board shall be appointed by the Director of State Police (now
the Governor).
LRB9010610RCks
LRB9010610RCks
1 AN ACT to transfer the powers and duties of the Illinois
2 Criminal Justice Information Authority to the Department of
3 State Police, amending named Acts.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Alcoholism and Other Drug Abuse and
7 Dependency Act is amended by changing Sections 5-10 and 10-45
8 as follows:
9 (20 ILCS 301/5-10)
10 Sec. 5-10. Functions of the Department.
11 (a) In addition to the powers, duties and functions
12 vested in the Department by this Act, or by other laws of
13 this State, the Department shall carry out the following
14 activities:
15 (1) Design, coordinate and fund a comprehensive and
16 coordinated community-based and culturally and
17 gender-appropriate array of services throughout the State
18 for the prevention, intervention, treatment and
19 rehabilitation of alcohol and other drug abuse and
20 dependency that is accessible and addresses the needs of
21 at-risk or addicted individuals and their families.
22 (2) Act as the exclusive State agency to accept,
23 receive and expend, pursuant to appropriation, any public
24 or private monies, grants or services, including those
25 received from the federal government or from other State
26 agencies, for the purpose of providing an array of
27 services for the prevention, intervention, treatment and
28 rehabilitation of alcoholism or other drug abuse or
29 dependency. Monies received by the Department shall be
30 deposited into appropriate funds as may be created by
31 State law or administrative action.
-2- LRB9010610RCks
1 (3) Coordinate a statewide strategy among State
2 agencies for the prevention, intervention, treatment and
3 rehabilitation of alcohol and other drug abuse and
4 dependency. This strategy shall include the development
5 of an annual comprehensive State plan for the provision
6 of an array of services for education, prevention,
7 intervention, treatment, relapse prevention and other
8 services and activities to alleviate alcoholism and other
9 drug abuse and dependency. The plan shall be based on
10 local community-based needs and upon data including, but
11 not limited to, that which defines the prevalence of and
12 costs associated with the abuse of and dependency upon
13 alcohol and other drugs. This comprehensive State plan
14 shall include identification of problems, needs,
15 priorities, services and other pertinent information,
16 including the needs of minorities and other specific
17 populations in the State, and shall describe how the
18 identified problems and needs will be addressed. For
19 purposes of this paragraph, the term "minorities and
20 other specific populations" may include, but shall not be
21 limited to, groups such as women, children, intravenous
22 drug users, persons with AIDS or who are HIV infected,
23 African-Americans, Puerto Ricans, Hispanics, Asian
24 Americans, the elderly, persons in the criminal justice
25 system, persons who are clients of services provided by
26 other State agencies, persons with disabilities and such
27 other specific populations as the Department may from
28 time to time identify. In developing the plan, the
29 Department shall seek input from providers, parent
30 groups, associations and interested citizens.
31 Beginning with State fiscal year 1996, the annual
32 comprehensive State plan developed under this Section
33 shall include an explanation of the rationale to be used
34 in ensuring that funding shall be based upon local
-3- LRB9010610RCks
1 community needs, including, but not limited to, the
2 incidence and prevalence of, and costs associated with,
3 the abuse of and dependency upon alcohol and other drugs,
4 as well as upon demonstrated program performance.
5 The annual comprehensive State plan developed under
6 this Section shall contain a report detailing the
7 activities of and progress made by the programs for the
8 care and treatment of addicted pregnant women, addicted
9 mothers and their children established under subsection
10 (j) of Section 35-5 of this Act.
11 Each State agency which provides or funds alcohol or
12 drug prevention, intervention and treatment services
13 shall annually prepare an agency plan for providing such
14 services, and these shall be used by the Department in
15 preparing the annual comprehensive statewide plan. Each
16 agency's annual plan for alcohol and drug abuse services
17 shall contain a report on the activities and progress of
18 such services in the prior year. The Department may
19 provide technical assistance to other State agencies, as
20 required, in the development of their agency plans.
21 (4) Lead, foster and develop cooperation,
22 coordination and agreements among federal and State
23 governmental agencies and local providers that provide
24 assistance, services, funding or other functions,
25 peripheral or direct, in the prevention, intervention,
26 treatment or rehabilitation of alcoholism and other drug
27 abuse and dependency. This shall include, but shall not
28 be limited to, the following:
29 (A) Cooperate with and assist the Department
30 of Corrections and the Department on Aging in
31 establishing and conducting programs relating to
32 alcoholism and other drug abuse and dependency among
33 those populations which they respectively serve.
34 (B) Cooperate with and assist the Illinois
-4- LRB9010610RCks
1 Department of Public Health in the establishment,
2 funding and support of programs and services for the
3 promotion of maternal and child health and the
4 prevention and treatment of infectious diseases,
5 including but not limited to HIV infection,
6 especially with respect to those persons who may
7 abuse drugs by intravenous injection, or may have
8 been sexual partners of drug abusers, or may have
9 abused substances so that their immune systems are
10 impaired, causing them to be at high risk.
11 (C) Supply to the Department of Public Health
12 and prenatal care providers a list of all alcohol
13 and other drug abuse service providers for addicted
14 pregnant women in this State.
15 (D) Assist in the placement of child abuse or
16 neglect perpetrators (identified by the Illinois
17 Department of Children and Family Services) who have
18 been determined to be in need of alcohol or other
19 drug abuse services pursuant to Section 8.2 of the
20 Abused and Neglected Child Reporting Act.
21 (E) Cooperate with and assist the Illinois
22 Department of Children and Family Services in
23 carrying out its mandates to:
24 (i) identify alcohol and other drug abuse
25 issues among its clients and their families;
26 and
27 (ii) develop programs and services to
28 deal with such problems.
29 These programs and services may include, but shall
30 not be limited to, programs to prevent the abuse of
31 alcohol or other drugs by DCFS clients and their
32 families, rehabilitation services, identifying child
33 care needs within the array of alcohol and other
34 drug abuse services, and assistance with other
-5- LRB9010610RCks
1 issues as required.
2 (F) Cooperate with and assist the Illinois
3 Criminal Justice Information Board Authority with
4 respect to statistical and other information
5 concerning drug abuse incidence and prevalence.
6 (G) Cooperate with and assist the State
7 Superintendent of Education, boards of education,
8 schools, police departments, the Illinois Department
9 of State Police, courts and other public and private
10 agencies and individuals in establishing prevention
11 programs statewide and preparing curriculum
12 materials for use at all levels of education. An
13 agreement shall be entered into with the State
14 Superintendent of Education to assist in the
15 establishment of such programs.
16 (H) Cooperate with and assist the Illinois
17 Department of Public Aid in the development and
18 provision of services offered to recipients of
19 public assistance for the treatment and prevention
20 of alcoholism and other drug abuse and dependency.
21 (I) Provide training recommendations to other
22 State agencies funding alcohol or other drug abuse
23 prevention, intervention, treatment or
24 rehabilitation services.
25 (5) From monies appropriated to the Department from
26 the Drunk and Drugged Driving Prevention Fund, make
27 grants to reimburse DUI evaluation and remedial education
28 programs licensed by the Department for the costs of
29 providing indigent persons with free or reduced-cost
30 services relating to a charge of driving under the
31 influence of alcohol or other drugs.
32 (6) Promulgate regulations to provide appropriate
33 standards for publicly and privately funded programs as
34 well as for levels of payment to government funded
-6- LRB9010610RCks
1 programs which provide an array of services for
2 prevention, intervention, treatment and rehabilitation
3 for alcoholism and other drug abuse or dependency.
4 (7) In consultation with local service providers,
5 specify a uniform statistical methodology for use by
6 agencies, organizations, individuals and the Department
7 for collection and dissemination of statistical
8 information regarding services related to alcoholism and
9 other drug use and abuse. This shall include prevention
10 services delivered, the number of persons treated,
11 frequency of admission and readmission, and duration of
12 treatment.
13 (8) Receive data and assistance from federal, State
14 and local governmental agencies, and obtain copies of
15 identification and arrest data from all federal, State
16 and local law enforcement agencies for use in carrying
17 out the purposes and functions of the Department.
18 (9) Designate and license providers to conduct
19 screening, assessment, referral and tracking of clients
20 identified by the criminal justice system as having
21 indications of alcoholism or other drug abuse or
22 dependency and being eligible to make an election for
23 treatment under Section 40-5 of this Act, and assist in
24 the placement of individuals who are under court order to
25 participate in treatment.
26 (10) Designate medical examination and other
27 programs for determining alcoholism and other drug abuse
28 and dependency.
29 (11) Encourage service providers who receive
30 financial assistance in any form from the State to assess
31 and collect fees for services rendered.
32 (12) Make grants with funds appropriated from the
33 Drug Treatment Fund in accordance with Section 7 of the
34 Controlled Substance and Cannabis Nuisance Act, or in
-7- LRB9010610RCks
1 accordance with subsections (h) and (i) of Section 411.2
2 of the Illinois Controlled Substances Act.
3 (13) Encourage all health and disability insurance
4 programs to include alcoholism and other drug abuse and
5 dependency as a covered illness.
6 (14) Make such agreements, grants-in-aid and
7 purchase-care arrangements with any other department,
8 authority or commission of this State, or any other state
9 or the federal government or with any public or private
10 agency, including the disbursement of funds and
11 furnishing of staff, to effectuate the purposes of this
12 Act.
13 (15) Conduct a public information campaign to
14 inform the State's Hispanic residents regarding the
15 prevention and treatment of alcoholism.
16 (b) In addition to the powers, duties and functions
17 vested in it by this Act, or by other laws of this State, the
18 Department may undertake, but shall not be limited to, the
19 following activities:
20 (1) Require all programs funded by the Department
21 to include an education component to inform participants
22 regarding the causes and means of transmission and
23 methods of reducing the risk of acquiring or transmitting
24 HIV infection, and to include funding for such education
25 component in its support of the program.
26 (2) Review all State agency applications for
27 federal funds which include provisions relating to the
28 prevention, early intervention and treatment of
29 alcoholism and other drug abuse and dependency in order
30 to ensure consistency with the comprehensive statewide
31 plan developed pursuant to this Act.
32 (3) Prepare, publish, evaluate, disseminate and
33 serve as a central repository for educational materials
34 dealing with the nature and effects of alcoholism and
-8- LRB9010610RCks
1 other drug abuse and dependency. Such materials may deal
2 with the educational needs of the citizens of Illinois,
3 and may include at least pamphlets which describe the
4 causes and effects of fetal alcohol syndrome, which the
5 Department may distribute free of charge to each county
6 clerk in sufficient quantities that the county clerk may
7 provide a pamphlet to the recipients of all marriage
8 licenses issued in the county.
9 (4) Develop and coordinate, with regional and local
10 agencies, education and training programs for persons
11 engaged in providing the array of services for persons
12 having alcoholism or other drug abuse and dependency
13 problems, which programs may include specific HIV
14 education and training for program personnel.
15 (5) Cooperate with and assist in the development of
16 education, prevention and treatment programs for
17 employees of State and local governments and businesses
18 in the State.
19 (6) Utilize the support and assistance of
20 interested persons in the community, including recovering
21 addicts and alcoholics, to assist individuals and
22 communities in understanding the dynamics of addiction,
23 and to encourage individuals with alcohol or other drug
24 abuse or dependency problems to voluntarily undergo
25 treatment.
26 (7) Promote, conduct, assist or sponsor basic
27 clinical, epidemiological and statistical research into
28 alcoholism and other drug abuse and dependency, and
29 research into the prevention of those problems either
30 solely or in conjunction with any public or private
31 agency.
32 (8) Cooperate with public and private agencies,
33 organizations and individuals in the development of
34 programs, and to provide technical assistance and
-9- LRB9010610RCks
1 consultation services for this purpose.
2 (9) Publish or provide for the publishing of a
3 manual to assist medical and social service providers in
4 identifying alcoholism and other drug abuse and
5 dependency and coordinating the multidisciplinary
6 delivery of services to addicted pregnant women, addicted
7 mothers and their children. The manual may be used only
8 to provide information and may not be used by the
9 Department to establish practice standards. The
10 Department may not require recipients to use specific
11 providers nor may they require providers to refer
12 recipients to specific providers. The manual may include,
13 but need not be limited to, the following:
14 (A) Information concerning risk assessments of
15 women seeking prenatal, natal, and postnatal medical
16 care.
17 (B) Information concerning risk assessments of
18 infants who may be substance-affected.
19 (C) Protocols that have been adopted by the
20 Illinois Department of Children and Family Services
21 for the reporting and investigation of allegations
22 of child abuse or neglect under the Abused and
23 Neglected Child Reporting Act.
24 (D) Summary of procedures utilized in juvenile
25 court in cases of children alleged or found to be
26 abused or neglected as a result of being born to
27 addicted women.
28 (E) Information concerning referral of
29 addicted pregnant women, addicted mothers and their
30 children by medical, social service, and substance
31 abuse treatment providers, by the Departments of
32 Children and Family Services, Public Aid, Public
33 Health, and Human Services.
34 (F) Effects of substance abuse on infants and
-10- LRB9010610RCks
1 guidelines on the symptoms, care, and comfort of
2 drug-withdrawing infants.
3 (G) Responsibilities of the Illinois
4 Department of Public Health to maintain statistics
5 on the number of children in Illinois addicted at
6 birth.
7 (10) To the extent permitted by federal law or
8 regulation, establish and maintain a clearinghouse and
9 central repository for the development and maintenance of
10 a centralized data collection and dissemination system
11 and a management information system for all alcoholism
12 and other drug abuse prevention, early intervention and
13 treatment services.
14 (11) Fund, promote or assist programs, services,
15 demonstrations or research dealing with addictive or
16 habituating behaviors detrimental to the health of
17 Illinois citizens.
18 (12) With monies appropriated from the Group Home
19 Loan Revolving Fund, make loans, directly or through
20 subcontract, to assist in underwriting the costs of
21 housing in which individuals recovering from alcohol or
22 other drug abuse or dependency may reside in groups of
23 not less than 6 persons, pursuant to Section 50-40 of
24 this Act.
25 (13) Promulgate such regulations as may be
26 necessary for the administration of grants or to
27 otherwise carry out the purposes and enforce the
28 provisions of this Act.
29 (14) Fund programs to help parents be effective in
30 preventing substance abuse by building an awareness of
31 drugs and alcohol and the family's role in preventing
32 abuse through adjusting expectations, developing new
33 skills, and setting positive family goals. The programs
34 shall include, but not be limited to, the following
-11- LRB9010610RCks
1 subjects: healthy family communication; establishing
2 rules and limits; how to reduce family conflict; how to
3 build self-esteem, competency, and responsibility in
4 children; how to improve motivation and achievement;
5 effective discipline; problem solving techniques; and how
6 to talk about drugs and alcohol. The programs shall be
7 open to all parents.
8 (Source: P.A. 88-80; incorporates 88-171; 88-670, eff.
9 12-2-94; 89-363, eff. 1-1-96; 89-507, eff. 7-1-97.)
10 (20 ILCS 301/10-45)
11 Sec. 10-45. Membership. The Board shall consist of 16
12 members:
13 (a) the Director of Aging.
14 (b) the State Superintendent of Education.
15 (c) the Director of Corrections.
16 (d) the Director of State Police.
17 (e) the Director of Professional Regulation.
18 (f) (blank).
19 (g) the Director of Children and Family Services.
20 (h) (blank).
21 (i) the Director of Public Aid.
22 (j) the Director of Public Health.
23 (k) the Secretary of State.
24 (l) the Secretary of Transportation.
25 (m) the Director of Insurance.
26 (n) the Director of the Administrative Office of
27 Illinois Courts.
28 (o) the Chairman of the Board of Higher Education.
29 (p) the Director of Revenue.
30 (q) the Executive Director of the Illinois Criminal
31 Justice Information Board Authority.
32 (r) a chairman who shall be appointed by the
33 Governor for a term of 3 years.
-12- LRB9010610RCks
1 Each member may designate a representative to serve in
2 his or her place by written notice to the Department.
3 (Source: P.A. 88-80; 89-507, eff. 7-1-97.)
4 Section 10. The Civil Administrative Code of Illinois is
5 amended by changing Section 55a as follows:
6 (20 ILCS 2605/55a) (from Ch. 127, par. 55a)
7 Sec. 55a. Powers and duties.
8 (A) The Department of State Police shall have the
9 following powers and duties, and those set forth in Sections
10 55a-1 through 55c:
11 1. To exercise the rights, powers and duties which have
12 been vested in the Department of Public Safety by the State
13 Police Act.
14 2. To exercise the rights, powers and duties which have
15 been vested in the Department of Public Safety by the State
16 Police Radio Act.
17 3. To exercise the rights, powers and duties which have
18 been vested in the Department of Public Safety by the
19 Criminal Identification Act.
20 4. To (a) investigate the origins, activities, personnel
21 and incidents of crime and the ways and means to redress the
22 victims of crimes, and study the impact, if any, of
23 legislation relative to the effusion of crime and growing
24 crime rates, and enforce the criminal laws of this State
25 related thereto, (b) enforce all laws regulating the
26 production, sale, prescribing, manufacturing, administering,
27 transporting, having in possession, dispensing, delivering,
28 distributing, or use of controlled substances and cannabis,
29 (c) employ skilled experts, scientists, technicians,
30 investigators or otherwise specially qualified persons to aid
31 in preventing or detecting crime, apprehending criminals, or
32 preparing and presenting evidence of violations of the
-13- LRB9010610RCks
1 criminal laws of the State, (d) cooperate with the police of
2 cities, villages and incorporated towns, and with the police
3 officers of any county, in enforcing the laws of the State
4 and in making arrests and recovering property, (e) apprehend
5 and deliver up any person charged in this State or any other
6 State of the United States with treason, felony, or other
7 crime, who has fled from justice and is found in this State,
8 and (f) conduct such other investigations as may be provided
9 by law. Persons exercising these powers within the Department
10 are conservators of the peace and as such have all the powers
11 possessed by policemen in cities and sheriffs, except that
12 they may exercise such powers anywhere in the State in
13 cooperation with and after contact with the local law
14 enforcement officials. Such persons may use false or
15 fictitious names in the performance of their duties under
16 this paragraph, upon approval of the Director, and shall not
17 be subject to prosecution under the criminal laws for such
18 use.
19 5. To: (a) be a central repository and custodian of
20 criminal statistics for the State, (b) be a central
21 repository for criminal history record information, (c)
22 procure and file for record such information as is necessary
23 and helpful to plan programs of crime prevention, law
24 enforcement and criminal justice, (d) procure and file for
25 record such copies of fingerprints, as may be required by
26 law, (e) establish general and field crime laboratories, (f)
27 register and file for record such information as may be
28 required by law for the issuance of firearm owner's
29 identification cards, (g) employ polygraph operators,
30 laboratory technicians and other specially qualified persons
31 to aid in the identification of criminal activity, and (h)
32 undertake such other identification, information, laboratory,
33 statistical or registration activities as may be required by
34 law.
-14- LRB9010610RCks
1 6. To (a) acquire and operate one or more radio
2 broadcasting stations in the State to be used for police
3 purposes, (b) operate a statewide communications network to
4 gather and disseminate information for law enforcement
5 agencies, (c) operate an electronic data processing and
6 computer center for the storage and retrieval of data
7 pertaining to criminal activity, and (d) undertake such other
8 communication activities as may be required by law.
9 7. To provide, as may be required by law, assistance to
10 local law enforcement agencies through (a) training,
11 management and consultant services for local law enforcement
12 agencies, and (b) the pursuit of research and the publication
13 of studies pertaining to local law enforcement activities.
14 8. To exercise the rights, powers and duties which have
15 been vested in the Department of State Police and the
16 Director of the Department of State Police by the Narcotic
17 Control Division Abolition Act.
18 9. To exercise the rights, powers and duties which have
19 been vested in the Department of Public Safety by the
20 Illinois Vehicle Code.
21 10. To exercise the rights, powers and duties which have
22 been vested in the Department of Public Safety by the Firearm
23 Owners Identification Card Act.
24 11. To enforce and administer such other laws in
25 relation to law enforcement as may be vested in the
26 Department.
27 12. To transfer jurisdiction of any realty title to
28 which is held by the State of Illinois under the control of
29 the Department to any other department of the State
30 government or to the State Employees Housing Commission, or
31 to acquire or accept Federal land, when such transfer,
32 acquisition or acceptance is advantageous to the State and is
33 approved in writing by the Governor.
34 13. With the written approval of the Governor, to enter
-15- LRB9010610RCks
1 into agreements with other departments created by this Act,
2 for the furlough of inmates of the penitentiary to such other
3 departments for their use in research programs being
4 conducted by them.
5 For the purpose of participating in such research
6 projects, the Department may extend the limits of any
7 inmate's place of confinement, when there is reasonable cause
8 to believe that the inmate will honor his or her trust by
9 authorizing the inmate, under prescribed conditions, to leave
10 the confines of the place unaccompanied by a custodial agent
11 of the Department. The Department shall make rules governing
12 the transfer of the inmate to the requesting other department
13 having the approved research project, and the return of such
14 inmate to the unextended confines of the penitentiary. Such
15 transfer shall be made only with the consent of the inmate.
16 The willful failure of a prisoner to remain within the
17 extended limits of his or her confinement or to return within
18 the time or manner prescribed to the place of confinement
19 designated by the Department in granting such extension shall
20 be deemed an escape from custody of the Department and
21 punishable as provided in Section 3-6-4 of the Unified Code
22 of Corrections.
23 14. To provide investigative services, with all of the
24 powers possessed by policemen in cities and sheriffs, in and
25 around all race tracks subject to the Horse Racing Act of
26 1975.
27 15. To expend such sums as the Director deems necessary
28 from Contractual Services appropriations for the Division of
29 Criminal Investigation for the purchase of evidence and for
30 the employment of persons to obtain evidence. Such sums shall
31 be advanced to agents authorized by the Director to expend
32 funds, on vouchers signed by the Director.
33 16. To assist victims and witnesses in gang crime
34 prosecutions through the administration of funds appropriated
-16- LRB9010610RCks
1 from the Gang Violence Victims and Witnesses Fund to the
2 Department. Such funds shall be appropriated to the
3 Department and shall only be used to assist victims and
4 witnesses in gang crime prosecutions and such assistance may
5 include any of the following:
6 (a) temporary living costs;
7 (b) moving expenses;
8 (c) closing costs on the sale of private residence;
9 (d) first month's rent;
10 (e) security deposits;
11 (f) apartment location assistance;
12 (g) other expenses which the Department considers
13 appropriate; and
14 (h) compensation for any loss of or injury to real
15 or personal property resulting from a gang crime to a
16 maximum of $5,000, subject to the following provisions:
17 (1) in the case of loss of property, the
18 amount of compensation shall be measured by the
19 replacement cost of similar or like property which
20 has been incurred by and which is substantiated by
21 the property owner,
22 (2) in the case of injury to property, the
23 amount of compensation shall be measured by the cost
24 of repair incurred and which can be substantiated by
25 the property owner,
26 (3) compensation under this provision is a
27 secondary source of compensation and shall be
28 reduced by any amount the property owner receives
29 from any other source as compensation for the loss
30 or injury, including, but not limited to, personal
31 insurance coverage,
32 (4) no compensation may be awarded if the
33 property owner was an offender or an accomplice of
34 the offender, or if the award would unjustly benefit
-17- LRB9010610RCks
1 the offender or offenders, or an accomplice of the
2 offender or offenders.
3 No victim or witness may receive such assistance if he or
4 she is not a part of or fails to fully cooperate in the
5 prosecution of gang crime members by law enforcement
6 authorities.
7 The Department shall promulgate any rules necessary for
8 the implementation of this amendatory Act of 1985.
9 17. To conduct arson investigations.
10 18. To develop a separate statewide statistical police
11 contact record keeping system for the study of juvenile
12 delinquency. The records of this police contact system shall
13 be limited to statistical information. No individually
14 identifiable information shall be maintained in the police
15 contact statistical record system.
16 19. To develop a separate statewide central adjudicatory
17 and dispositional records system for persons under 19 years
18 of age who have been adjudicated delinquent minors and to
19 make information available to local registered participating
20 police youth officers so that police youth officers will be
21 able to obtain rapid access to the juvenile's background from
22 other jurisdictions to the end that the police youth officers
23 can make appropriate dispositions which will best serve the
24 interest of the child and the community. Information
25 maintained in the adjudicatory and dispositional record
26 system shall be limited to the incidents or offenses for
27 which the minor was adjudicated delinquent by a court, and a
28 copy of the court's dispositional order. All individually
29 identifiable records in the adjudicatory and dispositional
30 records system shall be destroyed when the person reaches 19
31 years of age.
32 20. To develop rules which guarantee the confidentiality
33 of such individually identifiable adjudicatory and
34 dispositional records except when used for the following:
-18- LRB9010610RCks
1 (a) by authorized juvenile court personnel or the
2 State's Attorney in connection with proceedings under the
3 Juvenile Court Act of 1987; or
4 (b) inquiries from registered police youth
5 officers.
6 For the purposes of this Act "police youth officer" means
7 a member of a duly organized State, county or municipal
8 police force who is assigned by his or her Superintendent,
9 Sheriff or chief of police, as the case may be, to specialize
10 in youth problems.
11 21. To develop administrative rules and administrative
12 hearing procedures which allow a minor, his or her attorney,
13 and his or her parents or guardian access to individually
14 identifiable adjudicatory and dispositional records for the
15 purpose of determining or challenging the accuracy of the
16 records. Final administrative decisions shall be subject to
17 the provisions of the Administrative Review Law.
18 22. To charge, collect, and receive fees or moneys
19 equivalent to the cost of providing Department of State
20 Police personnel, equipment, and services to local
21 governmental agencies when explicitly requested by a local
22 governmental agency and pursuant to an intergovernmental
23 agreement as provided by this Section, other State agencies,
24 and federal agencies, including but not limited to fees or
25 moneys equivalent to the cost of providing dispatching
26 services, radio and radar repair, and training to local
27 governmental agencies on such terms and conditions as in the
28 judgment of the Director are in the best interest of the
29 State; and to establish, charge, collect and receive fees or
30 moneys based on the cost of providing responses to requests
31 for criminal history record information pursuant to positive
32 identification and any Illinois or federal law authorizing
33 access to some aspect of such information and to prescribe
34 the form and manner for requesting and furnishing such
-19- LRB9010610RCks
1 information to the requestor on such terms and conditions as
2 in the judgment of the Director are in the best interest of
3 the State, provided fees for requesting and furnishing
4 criminal history record information may be waived for
5 requests in the due administration of the criminal laws. The
6 Department may also charge, collect and receive fees or
7 moneys equivalent to the cost of providing electronic data
8 processing lines or related telecommunication services to
9 local governments, but only when such services can be
10 provided by the Department at a cost less than that
11 experienced by said local governments through other means.
12 All services provided by the Department shall be conducted
13 pursuant to contracts in accordance with the
14 Intergovernmental Cooperation Act, and all telecommunication
15 services shall be provided pursuant to the provisions of
16 Section 67.18 of this Code.
17 All fees received by the Department of State Police under
18 this Act or the Illinois Uniform Conviction Information Act
19 shall be deposited in a special fund in the State Treasury to
20 be known as the State Police Services Fund. The money
21 deposited in the State Police Services Fund shall be
22 appropriated to the Department of State Police for expenses
23 of the Department of State Police.
24 Upon the completion of any audit of the Department of
25 State Police as prescribed by the Illinois State Auditing
26 Act, which audit includes an audit of the State Police
27 Services Fund, the Department of State Police shall make the
28 audit open to inspection by any interested person.
29 23. To exercise the powers and perform the duties which
30 have been vested in the Department of State Police by the
31 Intergovernmental Missing Child Recovery Act of 1984, and to
32 establish reasonable rules and regulations necessitated
33 thereby.
34 24. (a) To establish and maintain a statewide Law
-20- LRB9010610RCks
1 Enforcement Agencies Data System (LEADS) for the purpose of
2 providing electronic access by authorized entities to
3 criminal justice data repositories and effecting an immediate
4 law enforcement response to reports of missing persons,
5 including lost, missing or runaway minors. The Department
6 shall implement an automatic data exchange system to compile,
7 to maintain and to make available to other law enforcement
8 agencies for immediate dissemination data which can assist
9 appropriate agencies in recovering missing persons and
10 provide access by authorized entities to various data
11 repositories available through LEADS for criminal justice and
12 related purposes. To help assist the Department in this
13 effort, funds may be appropriated from the LEADS Maintenance
14 Fund.
15 (b) In exercising its duties under this subsection, the
16 Department shall:
17 (1) provide a uniform reporting format for the
18 entry of pertinent information regarding the report of a
19 missing person into LEADS;
20 (2) develop and implement a policy whereby a
21 statewide or regional alert would be used in situations
22 relating to the disappearances of individuals, based on
23 criteria and in a format established by the Department.
24 Such a format shall include, but not be limited to, the
25 age of the missing person and the suspected circumstance
26 of the disappearance;
27 (3) notify all law enforcement agencies that
28 reports of missing persons shall be entered as soon as
29 the minimum level of data specified by the Department is
30 available to the reporting agency, and that no waiting
31 period for the entry of such data exists;
32 (4) compile and retain information regarding lost,
33 abducted, missing or runaway minors in a separate data
34 file, in a manner that allows such information to be used
-21- LRB9010610RCks
1 by law enforcement and other agencies deemed appropriate
2 by the Director, for investigative purposes. Such
3 information shall include the disposition of all reported
4 lost, abducted, missing or runaway minor cases;
5 (5) compile and maintain an historic data
6 repository relating to lost, abducted, missing or runaway
7 minors and other missing persons in order to develop and
8 improve techniques utilized by law enforcement agencies
9 when responding to reports of missing persons; and
10 (6) create a quality control program regarding
11 confirmation of missing person data, timeliness of
12 entries of missing person reports into LEADS and
13 performance audits of all entering agencies.
14 25. On request of a school board or regional
15 superintendent of schools, to conduct an inquiry pursuant to
16 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
17 an applicant for employment in a school district has been
18 convicted of any criminal or drug offenses enumerated in
19 Section 10-21.9 or 34-18.5 of the School Code. The
20 Department shall furnish such conviction information to the
21 President of the school board of the school district which
22 has requested the information, or if the information was
23 requested by the regional superintendent to that regional
24 superintendent.
25 26. To promulgate rules and regulations necessary for
26 the administration and enforcement of its powers and duties,
27 wherever granted and imposed, pursuant to the Illinois
28 Administrative Procedure Act.
29 27. To (a) promulgate rules pertaining to the
30 certification, revocation of certification and training of
31 law enforcement officers as electronic criminal surveillance
32 officers, (b) provide training and technical assistance to
33 State's Attorneys and local law enforcement agencies
34 pertaining to the interception of private oral
-22- LRB9010610RCks
1 communications, (c) promulgate rules necessary for the
2 administration of Article 108B of the Code of Criminal
3 Procedure of 1963, including but not limited to standards for
4 recording and minimization of electronic criminal
5 surveillance intercepts, documentation required to be
6 maintained during an intercept, procedures in relation to
7 evidence developed by an intercept, and (d) charge a
8 reasonable fee to each law enforcement agency that sends
9 officers to receive training as electronic criminal
10 surveillance officers.
11 28. Upon the request of any private organization which
12 devotes a major portion of its time to the provision of
13 recreational, social, educational or child safety services to
14 children, to conduct, pursuant to positive identification,
15 criminal background investigations of all of that
16 organization's current employees, current volunteers,
17 prospective employees or prospective volunteers charged with
18 the care and custody of children during the provision of the
19 organization's services, and to report to the requesting
20 organization any record of convictions maintained in the
21 Department's files about such persons. The Department shall
22 charge an application fee, based on actual costs, for the
23 dissemination of conviction information pursuant to this
24 subsection. The Department is empowered to establish this
25 fee and shall prescribe the form and manner for requesting
26 and furnishing conviction information pursuant to this
27 subsection. Information received by the organization from the
28 Department concerning an individual shall be provided to such
29 individual. Any such information obtained by the
30 organization shall be confidential and may not be transmitted
31 outside the organization and may not be transmitted to anyone
32 within the organization except as needed for the purpose of
33 evaluating the individual. Only information and standards
34 which bear a reasonable and rational relation to the
-23- LRB9010610RCks
1 performance of child care shall be used by the organization.
2 Any employee of the Department or any member, employee or
3 volunteer of the organization receiving confidential
4 information under this subsection who gives or causes to be
5 given any confidential information concerning any criminal
6 convictions of an individual shall be guilty of a Class A
7 misdemeanor unless release of such information is authorized
8 by this subsection.
9 29. Upon the request of the Department of Children and
10 Family Services, to investigate reports of child abuse or
11 neglect.
12 30. To obtain registration of a fictitious vital record
13 pursuant to Section 15.1 of the Vital Records Act.
14 31. To collect and disseminate information relating to
15 "hate crimes" as defined under Section 12-7.1 of the Criminal
16 Code of 1961 contingent upon the availability of State or
17 Federal funds to revise and upgrade the Illinois Uniform
18 Crime Reporting System. All law enforcement agencies shall
19 report monthly to the Department of State Police concerning
20 such offenses in such form and in such manner as may be
21 prescribed by rules and regulations adopted by the Department
22 of State Police. Such information shall be compiled by the
23 Department and be disseminated upon request to any local law
24 enforcement agency, unit of local government, or state
25 agency. Dissemination of such information shall be subject
26 to all confidentiality requirements otherwise imposed by law.
27 The Department of State Police shall provide training for
28 State Police officers in identifying, responding to, and
29 reporting all hate crimes. The Illinois Local Governmental
30 Law Enforcement Officer's Training Board shall develop and
31 certify a course of such training to be made available to
32 local law enforcement officers.
33 32. Upon the request of a private carrier company that
34 provides transportation under Section 28b of the Metropolitan
-24- LRB9010610RCks
1 Transit Authority Act, to ascertain if an applicant for a
2 driver position has been convicted of any criminal or drug
3 offense enumerated in Section 28b of the Metropolitan Transit
4 Authority Act. The Department shall furnish the conviction
5 information to the private carrier company that requested the
6 information.
7 33. To apply for grants or contracts, receive, expend,
8 allocate, or disburse funds and moneys made available by
9 public or private entities, including, but not limited to,
10 contracts, bequests, grants, or receiving equipment from
11 corporations, foundations, or public or private institutions
12 of higher learning. All funds received by the Department
13 from these sources shall be deposited into the appropriate
14 fund in the State Treasury to be appropriated to the
15 Department for purposes as indicated by the grantor or
16 contractor or, in the case of funds or moneys bequeathed or
17 granted for no specific purpose, for any purpose as deemed
18 appropriate by the Director in administering the
19 responsibilities of the Department.
20 34. Upon the request of the Department of Children and
21 Family Services, the Department of State Police shall provide
22 properly designated employees of the Department of Children
23 and Family Services with criminal history record information
24 as defined in the Illinois Uniform Conviction Information Act
25 and information maintained in the adjudicatory and
26 dispositional record system as defined in subdivision (A)19
27 of this Section if the Department of Children and Family
28 Services determines the information is necessary to perform
29 its duties under the Abused and Neglected Child Reporting
30 Act, the Child Care Act of 1969, and the Children and Family
31 Services Act. The request shall be in the form and manner
32 specified by the Department of State Police.
33 35. The Illinois Department of Public Aid is an
34 authorized entity under this Section for the purpose of
-25- LRB9010610RCks
1 obtaining access to various data repositories available
2 through LEADS, to facilitate the location of individuals for
3 establishing paternity, and establishing, modifying, and
4 enforcing child support obligations, pursuant to the Illinois
5 Public Aid Code and Title IV, Part D of the Social Security
6 Act. The Department shall enter into an agreement with the
7 Illinois Department of Public Aid consistent with these
8 purposes.
9 (B) The Department of State Police may establish and
10 maintain, within the Department of State Police, a Statewide
11 Organized Criminal Gang Database (SWORD) for the purpose of
12 tracking organized criminal gangs and their memberships.
13 Information in the database may include, but not be limited
14 to, the name, last known address, birth date, physical
15 descriptions (such as scars, marks, or tattoos), officer
16 safety information, organized gang affiliation, and entering
17 agency identifier. The Department may develop, in
18 consultation with the Illinois Criminal Justice Information
19 Board Authority, and in a form and manner prescribed by the
20 Department, an automated data exchange system to compile, to
21 maintain, and to make this information electronically
22 available to prosecutors and to other law enforcement
23 agencies. The information may be used by authorized agencies
24 to combat the operations of organized criminal gangs
25 statewide.
26 (C) The Department of State Police may ascertain the
27 number of bilingual police officers and other personnel
28 needed to provide services in a language other than English
29 and may establish, under applicable personnel rules and
30 Department guidelines or through a collective bargaining
31 agreement, a bilingual pay supplement program.
32 (D) The Department of State Police shall assume the
33 powers and duties of the Illinois Criminal Justice
34 Information Authority as provided in Section 10 of the
-26- LRB9010610RCks
1 Illinois Criminal Justice Information Act.
2 35. The Illinois Department of Public Aid is an
3 authorized entity under this Section for the purpose of
4 obtaining access to various data repositories available
5 through LEADS, to facilitate the location of individuals for
6 establishing paternity, and establishing, modifying, and
7 enforcing child support obligations, pursuant to the Public
8 Aid Code and Title IV, Section D of the Social Security Act.
9 The Department shall enter into an agreement with the
10 Illinois Department of Public Aid consistent with these
11 purposes.
12 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
13 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
14 Section 15. The Criminal Identification Act is amended
15 by changing Section 8 as follows:
16 (20 ILCS 2630/8) (from Ch. 38, par. 206-8)
17 Sec. 8. The Department shall be a central repository and
18 custodian of crime statistics for the State and it shall have
19 all power incident thereto to carry out the purposes of this
20 Act, including the power to demand and receive cooperation in
21 the submission of crime statistics from all units of
22 government. On an annual basis, the Illinois Criminal
23 Justice Information Board Authority shall make available
24 compilations published by the Board Authority of crime
25 statistics required to be reported by each policing body of
26 the State, the clerks of the circuit court of each county,
27 the Illinois Department of Corrections, the Sheriff of each
28 county, and the State's Attorney of each county, including,
29 but not limited to, criminal arrest, charge and disposition
30 information.
31 (Source: P.A. 86-701.)
-27- LRB9010610RCks
1 Section 20. The Illinois Uniform Conviction Information
2 Act is amended by changing Sections 3, 8, and 19 as follows:
3 (20 ILCS 2635/3) (from Ch. 38, par. 1603)
4 Sec. 3. Definitions. Whenever used in this Act, and for
5 the purposes of this Act, unless the context clearly
6 indicates otherwise:
7 (A) "Accurate" means factually correct, containing no
8 mistake or error of a material nature.
9 (B) The phrase "administer the criminal laws" includes
10 any of the following activities: intelligence gathering,
11 surveillance, criminal investigation, crime detection and
12 prevention (including research), apprehension, detention,
13 pretrial or post-trial release, prosecution, the correctional
14 supervision or rehabilitation of accused persons or criminal
15 offenders, criminal identification activities, or the
16 collection, maintenance or dissemination of criminal history
17 record information.
18 (C) "Board" "The Authority" means the Illinois Criminal
19 Justice Information Board Authority.
20 (D) "Automated" means the utilization of computers,
21 telecommunication lines, or other automatic data processing
22 equipment for data collection or storage, analysis,
23 processing, preservation, maintenance, dissemination, or
24 display and is distinguished from a system in which such
25 activities are performed manually.
26 (E) "Complete" means accurately reflecting all the
27 criminal history record information about an individual that
28 is required to be reported to the Department pursuant to
29 Section 2.1 of the Criminal Identification Act.
30 (F) "Conviction information" means data reflecting a
31 judgment of guilt or nolo contendere. The term includes all
32 prior and subsequent criminal history events directly
33 relating to such judgments, such as, but not limited to: (1)
-28- LRB9010610RCks
1 the notation of arrest; (2) the notation of charges filed;
2 (3) the sentence imposed; (4) the fine imposed; and (5) all
3 related probation, parole, and release information.
4 Information ceases to be "conviction information" when a
5 judgment of guilt is reversed or vacated.
6 For purposes of this Act, continuances to a date certain
7 in furtherance of an order of supervision granted under
8 Section 5-6-1 of the Unified Code of Corrections or an order
9 of probation granted under either Section 10 of the Cannabis
10 Control Act, Section 410 of the Illinois Controlled
11 Substances Act, Section 12-4.3 of the Criminal Code of 1961,
12 Section 10-102 of the Illinois Alcoholism and Other Drug
13 Dependency Act, Section 40-10 of the Alcoholism and Other
14 Drug Abuse and Dependency Act, or Section 10 of the Steroid
15 Control Act shall not be deemed "conviction information".
16 (G) "Criminal history record information" means data
17 identifiable to an individual and consisting of descriptions
18 or notations of arrests, detentions, indictments,
19 informations, pretrial proceedings, trials, or other formal
20 events in the criminal justice system or descriptions or
21 notations of criminal charges (including criminal violations
22 of local municipal ordinances) and the nature of any
23 disposition arising therefrom, including sentencing, court or
24 correctional supervision, rehabilitation and release. The
25 term does not apply to statistical records and reports in
26 which individual are not identified and from which their
27 identities are not ascertainable, or to information that is
28 for criminal investigative or intelligence purposes.
29 (H) "Criminal justice agency" means (1) a government
30 agency or any subunit thereof which is authorized to
31 administer the criminal laws and which allocates a
32 substantial part of its annual budget for that purpose, or
33 (2) an agency supported by public funds which is authorized
34 as its principal function to administer the criminal laws and
-29- LRB9010610RCks
1 which is officially designated by the Department as a
2 criminal justice agency for purposes of this Act.
3 (I) "The Department" means the Illinois Department of
4 State Police.
5 (J) "Director" means the Director of the Illinois
6 Department of State Police.
7 (K) "Disseminate" means to disclose or transmit
8 conviction information in any form, oral, written, or
9 otherwise.
10 (L) "Exigency" means pending danger or the threat of
11 pending danger to an individual or property.
12 (M) "Non-criminal justice agency" means a State agency,
13 Federal agency, or unit of local government that is not a
14 criminal justice agency. The term does not refer to private
15 individuals, corporations, or non-governmental agencies or
16 organizations.
17 (M-5) "Request" means the submission to the Department,
18 in the form and manner required, the necessary data elements
19 or fingerprints, or both, to allow the Department to initiate
20 a search of its criminal history record information files.
21 (N) "Requester" means any private individual,
22 corporation, organization, employer, employment agency, labor
23 organization, or non-criminal justice agency that has made a
24 request pursuant to this Act to obtain conviction information
25 maintained in the files of the Department of State Police
26 regarding a particular individual.
27 (O) "Statistical information" means data from which the
28 identity of an individual cannot be ascertained,
29 reconstructed, or verified and to which the identity of an
30 individual cannot be linked by the recipient of the
31 information.
32 (Source: P.A. 88-368; 88-670, eff. 12-2-94.)
33 (20 ILCS 2635/8) (from Ch. 38, par. 1608)
-30- LRB9010610RCks
1 Sec. 8. Form, Manner and Fees for Requesting and
2 Obtaining Conviction Information.
3 (A) The Department shall prescribe the form and manner
4 for requesting and furnishing conviction information pursuant
5 to this Act. The Department shall prescribe the types of
6 identifying information that must be submitted to the
7 Department in order to process any request for conviction
8 information and the form and manner for making such
9 application, consistent with this Act.
10 (B) The Department shall establish the maximum fee it
11 shall charge and assess for processing requests for
12 conviction information, and the Board Authority shall
13 establish the maximum fee that other criminal justice
14 agencies shall charge and assess for processing requests for
15 conviction information pursuant to this Act. Such fees shall
16 include the general costs associated with performing a search
17 for all information about each person for which a request is
18 received including classification, search, retrieval,
19 reproduction, manual and automated data processing,
20 telecommunications services, supplies, mailing and those
21 general costs associated with the inquiries required by
22 subsection (B) of Section 9 and Section 13 of this Act, and,
23 when applicable, such fees shall provide for the direct
24 payment to or reimbursement of a criminal justice agency for
25 assisting the requester or the Department pursuant to this
26 Act. In establishing the fees required by this Section, the
27 Department and the Board Authority may also take into account
28 the costs relating to multiple or automated requests and
29 disseminations and the costs relating to any other special
30 factors or circumstances required by statute or rule. The
31 maximum fees established by the Board Authority pursuant to
32 this Section shall be reviewed annually, and may be waived or
33 reduced at the discretion of a criminal justice agency.
34 (Source: P.A. 88-368.)
-31- LRB9010610RCks
1 (20 ILCS 2635/19) (from Ch. 38, par. 1619)
2 Sec. 19. Coordinating and Implementing Policy. The
3 Department shall adopt rules to prescribe the appropriate
4 form, manner and fees for complying with the requirements of
5 this Act. The Board Authority shall adopt rules to prescribe
6 form, manner and maximum fees which the Board Authority is
7 authorized to establish pursuant to subsection (B) of Section
8 8 of this Act. Such rulemaking is subject to the provisions
9 of the Illinois Administrative Procedure Act.
10 (Source: P.A. 85-922.)
11 Section 25. The Illinois Criminal Justice Information
12 Act is amended by changing the title and Sections 3, 4, 5, 6,
13 7, 8, 9, 9.1, 10, 12, and 13 as follows:
14 (20 ILCS 3930/Act title)
15 An Act creating the Illinois Criminal Justice Information
16 Board Authority, defining its powers and duties and amending
17 and repealing certain Acts in connection therewith.
18 (20 ILCS 3930/3) (from Ch. 38, par. 210-3)
19 Sec. 3. Definitions. Whenever used in this Act, and for
20 the purposes of this Act unless the context clearly denotes
21 otherwise:
22 (a) The term "criminal justice system" includes all
23 activities by public agencies pertaining to the prevention or
24 reduction of crime or enforcement of the criminal law, and
25 particularly, but without limitation, the prevention,
26 detection, and investigation of crime; the apprehension of
27 offenders; the protection of victims and witnesses; the
28 administration of juvenile justice; the prosecution and
29 defense of criminal cases; the trial, conviction, and
30 sentencing of offenders; as well as the correction and
31 rehabilitation of offenders, which includes imprisonment,
-32- LRB9010610RCks
1 probation, parole and treatment.
2 (b) The term "Board" "Authority" means the Illinois
3 Criminal Justice Information Board Authority created by this
4 Act.
5 (c) The term "criminal justice information" means any
6 and every type of information that is collected, transmitted,
7 or maintained by the criminal justice system.
8 (d) The term "criminal history record information" means
9 data identifiable to an individual and consisting of
10 descriptions or notations of arrests, detentions,
11 indictments, informations, pre-trial proceedings, trials, or
12 other formal events in the criminal justice system or
13 descriptions or notations of criminal charges (including
14 criminal violations of local municipal ordinances) and the
15 nature of any disposition arising therefrom, including
16 sentencing, court or correctional supervision,
17 rehabilitation, and release. The term does not apply to
18 statistical records and reports in which individuals are not
19 identified and from which their identities are not
20 ascertainable, or to information that is for criminal
21 investigative or intelligence purposes.
22 (e) The term "unit of general local government" means
23 any county, municipality or other general purpose political
24 subdivision of this State.
25 (Source: P.A. 85-653.)
26 (20 ILCS 3930/4) (from Ch. 38, par. 210-4)
27 Sec. 4. Illinois Criminal Justice Information Board
28 Authority - Creation, membership and meetings. There is
29 created an Illinois Criminal Justice Information Board
30 Authority consisting of 15 members. The membership of the
31 Board Authority shall consist of the Illinois Attorney
32 General, or his designee, the Director of the Illinois
33 Department of Corrections, the Director of the Illinois
-33- LRB9010610RCks
1 Department of State Police, the Sheriff of Cook County, the
2 State's Attorney of Cook County, the Superintendent of the
3 Chicago Police Department, the Director of the Office of the
4 State's Attorneys Appellate Prosecutor, and the following
5 additional members, each of whom shall be appointed by the
6 Governor: a sheriff and a state's attorney of a county other
7 than Cook, a chief of police, and 5 members of the general
8 public.
9 The Governor from time to time shall designate a Chairman
10 of the Board Authority from the membership. All members of
11 the Board Authority appointed by the Governor shall serve at
12 the pleasure of the Governor for a term not to exceed 4
13 years. The initial appointed members of the Authority shall
14 serve from January, 1983 until the third Monday in January,
15 1987 or until their successors are appointed.
16 The Board Authority shall meet at least quarterly, and
17 all meetings of the Board Authority shall be called by the
18 Chairman.
19 In addition to the powers and duties contained in this
20 Act, the Board shall be an advisory body to the Director of
21 State Police. Any final policy decision shall be made by the
22 Director of State Police. The personnel of the Board shall
23 be under the supervision and control of the Director of State
24 Police.
25 (Source: P.A. 84-1308; 84-1438.)
26 (20 ILCS 3930/5) (from Ch. 38, par. 210-5)
27 Sec. 5. No Compensation - Expenses. Members of the
28 Board Authority, other than the Chairman, shall serve without
29 compensation. All members shall be reimbursed for reasonable
30 expenses incurred in connection with their duties.
31 (Source: P.A. 82-1039.)
32 (20 ILCS 3930/6) (from Ch. 38, par. 210-6)
-34- LRB9010610RCks
1 Sec. 6. Executive Director. The Director of State
2 Police Governor shall appoint an Executive Director of the
3 Board Authority with the advice and consent of the Senate.
4 The Executive Director shall employ, in accordance with the
5 provisions of the Illinois Personnel Code, such
6 administrative, professional, clerical, and other personnel
7 as may be required. The Executive Director may organize the
8 staff of the Board Authority as he may deem appropriate.
9 (Source: P.A. 82-1039.)
10 (20 ILCS 3930/7) (from Ch. 38, par. 210-7)
11 Sec. 7. Powers and Duties. The Board Authority shall
12 have the following powers, duties and responsibilities:
13 (a) To develop and operate comprehensive
14 information systems for the improvement and coordination
15 of all aspects of law enforcement, prosecution and
16 corrections;
17 (b) To define, develop, evaluate and correlate
18 State and local programs and projects associated with the
19 improvement of law enforcement and the administration of
20 criminal justice;
21 (c) To act as a central repository and clearing
22 house for federal, state and local research studies,
23 plans, projects, proposals and other information relating
24 to all aspects of criminal justice system improvement and
25 to encourage educational programs for citizen support of
26 State and local efforts to make such improvements;
27 (d) To undertake research studies to aid in
28 accomplishing its purposes;
29 (e) To monitor the operation of existing criminal
30 justice information systems in order to protect the
31 constitutional rights and privacy of individuals about
32 whom criminal history record information has been
33 collected;
-35- LRB9010610RCks
1 (f) To provide an effective administrative forum
2 for the protection of the rights of individuals
3 concerning criminal history record information;
4 (g) To issue regulations, guidelines and procedures
5 which ensure the privacy and security of criminal history
6 record information consistent with State and federal
7 laws;
8 (h) To act as the sole administrative appeal body
9 in the State of Illinois to conduct hearings and make
10 final determinations concerning individual challenges to
11 the completeness and accuracy of criminal history record
12 information;
13 (i) To act as the sole, official, criminal justice
14 body in the State of Illinois to conduct annual and
15 periodic audits of the procedures, policies, and
16 practices of the State central repositories for criminal
17 history record information to verify compliance with
18 federal and state laws and regulations governing such
19 information;
20 (j) To advise the Board's Authority's Statistical
21 Analysis Center;
22 (k) To apply for, receive, establish priorities
23 for, allocate, disburse and spend grants of funds that
24 are made available by and received on or after January 1,
25 1983 from private sources or from the United States
26 pursuant to the federal Crime Control Act of 1973, as
27 amended, and similar federal legislation, and to enter
28 into agreements with the United States government to
29 further the purposes of this Act, or as may be required
30 as a condition of obtaining federal funds;
31 (l) To receive, expend and account for such funds
32 of the State of Illinois as may be made available to
33 further the purposes of this Act;
34 (m) To enter into contracts and to cooperate with
-36- LRB9010610RCks
1 units of general local government or combinations of such
2 units, State agencies, and criminal justice system
3 agencies of other states for the purpose of carrying out
4 the duties of the Board Authority imposed by this Act or
5 by the federal Crime Control Act of 1973, as amended;
6 (n) To enter into contracts and cooperate with
7 units of general local government outside of Illinois,
8 other states' agencies, and private organizations outside
9 of Illinois to provide computer software or design that
10 has been developed for the Illinois criminal justice
11 system, or to participate in the cooperative development
12 or design of new software or systems to be used by the
13 Illinois criminal justice system. Revenues received as a
14 result of such arrangements shall be deposited in the
15 Criminal Justice Information Systems Trust Fund.
16 (o) To establish general policies concerning
17 criminal justice information systems and to promulgate
18 such rules, regulations and procedures as are necessary
19 to the operation of the Board Authority and to the
20 uniform consideration of appeals and audits;
21 (p) To advise and to make recommendations to the
22 Governor and the General Assembly on policies relating to
23 criminal justice information systems;
24 (q) To direct all other agencies under the
25 jurisdiction of the Governor to provide whatever
26 assistance and information the Board Authority may
27 lawfully require to carry out its functions;
28 (r) To exercise any other powers that are
29 reasonable and necessary to fulfill the responsibilities
30 of the Board Authority under this Act and to comply with
31 the requirements of applicable federal law or regulation;
32 (s) To exercise the rights, powers and duties which
33 have been vested in the Board Authority by the "Illinois
34 Uniform Conviction Information Act", enacted by the 85th
-37- LRB9010610RCks
1 General Assembly, as hereafter amended; and
2 (t) To exercise the rights, powers and duties which
3 have been vested in the Board Authority by the Illinois
4 Motor Vehicle Theft Prevention Act.
5 The requirement for reporting to the General Assembly
6 shall be satisfied by filing copies of the report with the
7 Speaker, the Minority Leader and the Clerk of the House of
8 Representatives and the President, the Minority Leader and
9 the Secretary of the Senate and the Legislative Research
10 Unit, as required by Section 3.1 of "An Act to revise the law
11 in relation to the General Assembly", approved February 25,
12 1874, as amended, and filing such additional copies with the
13 State Government Report Distribution Center for the General
14 Assembly as is required under paragraph (t) of Section 7 of
15 the State Library Act.
16 (Source: P.A. 85-922; 86-1408.)
17 (20 ILCS 3930/8) (from Ch. 38, par. 210-8)
18 Sec. 8. Criminal Justice Agency. The Board Authority
19 shall be deemed a criminal justice agency under all federal
20 and State laws and regulations, and as such shall have access
21 to any information available to criminal justice agencies.
22 (Source: P.A. 82-1039.)
23 (20 ILCS 3930/9) (from Ch. 38, par. 210-9)
24 Sec. 9. Criminal Justice Information Systems Trust Fund.
25 The special fund in the State Treasury known as the Criminal
26 Justice Information Systems Trust Fund shall be funded in
27 part from users' fees collected from criminal justice
28 agencies that are the users of information systems developed
29 and operated for them by the Board Authority. The users'
30 fees shall be based on pro rated shares according to the
31 share of operating cost that is attributed to each agency, as
32 determined by the Board Authority. The General Assembly
-38- LRB9010610RCks
1 shall make an appropriation from the Criminal Justice
2 Information Systems Trust Fund for the operating expenses of
3 the Board Authority incident to providing the services
4 described in this Section.
5 (Source: P.A. 86-1227.)
6 (20 ILCS 3930/9.1)
7 Sec. 9.1. Criminal Justice Information Projects Fund.
8 The Criminal Justice Information Projects Fund is hereby
9 created as a special fund in the State Treasury. Grants and
10 other moneys obtained by the Board Authority from
11 governmental entities (other than the federal government),
12 private sources, and not-for-profit organizations for use in
13 investigating criminal justice issues or undertaking other
14 criminal justice information projects shall be deposited into
15 the Fund. Moneys in the Fund may be used by the Board
16 Authority, subject to appropriation, for undertaking such
17 projects and for the operating and other expenses of the
18 Board Authority incidental to those projects.
19 (Source: P.A. 88-538.)
20 (20 ILCS 3930/10) (from Ch. 38, par. 210-10)
21 Sec. 10. Supersedure and Transfer. The Illinois
22 Criminal Justice Information Board Authority created by this
23 amendatory Act of 1998 supersedes and shall assume, exercise
24 and administer all rights, powers, duties and
25 responsibilities vested in the Illinois Criminal Justice
26 Information Authority. Law Enforcement Commission by "An Act
27 creating an Illinois Law Enforcement Commission and defining
28 its powers and duties", approved September 20, 1977, as
29 amended, except:
30 (a) those rights, powers, duties and responsibilities
31 created by that Act with respect to the operation or
32 administration of juvenile justice programs pursuant to
-39- LRB9010610RCks
1 applicable State or federal laws or regulations; and
2 (b) the right, power, duty and responsibility to
3 allocate, disburse and account for grants of funds actually
4 received by the Illinois Law Enforcement Commission prior to
5 January 1, 1983 from the United States pursuant to the
6 federal Crime Control Act of 1973, as amended, or pursuant to
7 other similar federal legislation.
8 The transfer to the Illinois Criminal Justice Information
9 Authority of the rights, powers, duties and responsibilities
10 of the Illinois Law Enforcement Commission as provided in
11 this Section shall not be deemed to abolish or diminish the
12 exercise, by the Illinois Law Enforcement Commission or as
13 otherwise provided by law, of those rights, powers, duties
14 and responsibilities described in paragraphs (a) and (b) of
15 this Section which are not transferred to the Authority
16 pursuant to this Section.
17 Personnel previously assigned to programs transferred
18 pursuant to this Section from the Illinois Criminal Justice
19 Information Authority Law Enforcement Commission to the Board
20 Authority, other than the Executive Director of the Illinois
21 Law Enforcement Commission, are hereby transferred to the
22 Board Authority. On the effective date of this amendatory
23 Act of 1998, Effective April 1, 1983, personnel of the
24 Illinois Criminal Justice Information Authority Law
25 Enforcement Commission previously assigned to the function
26 and responsibility described in this Act paragraph (b) above
27 of this Section -- except such of those personnel who,
28 immediately prior to April 1, 1983, were either performing
29 such function and responsibility for the primary benefit of,
30 or who were also assigned to the operation or administration
31 of the juvenile justice programs referred to in paragraph (a)
32 above of this Section -- shall be transferred to the Board
33 Authority. The rights of the employees or the State under
34 the "Personnel Code" or under any other contract or plan,
-40- LRB9010610RCks
1 however, shall not be affected thereby.
2 All books, records, papers, documents, real or personal
3 property, unexpended appropriations and pending business in
4 any way pertaining to the rights, powers, duties and
5 responsibilities transferred by this Section shall be
6 delivered and transferred to the Board Authority. On the
7 effective date of this amendatory Act of 1998, Effective
8 April 1, 1983, all books, records, papers, documents, real or
9 personal property, unexpended appropriations, undisbursed
10 grant moneys, if any, and pending business pertaining to the
11 rights, powers, duties and responsibilities described in this
12 Act paragraph (b) of this Section -- except such of said
13 items as pertain primarily to the juvenile justice programs
14 referred to in paragraph (a) above of this Section -- shall
15 be transferred to the Board Authority.
16 All rights, powers, duties and responsibilities
17 transferred pursuant to this Act to the Illinois Criminal
18 Justice Information Board Authority shall be vested in and
19 shall be exercised by that Board Authority subject to the
20 provisions of this Act. Each act done in the exercise of
21 such rights, powers and duties shall be exercised by that
22 Board Authority subject to the provisions of this Act. Each
23 act done in the exercise of such rights, powers and duties
24 shall have the same legal effect as if done by the Illinois
25 Criminal Justice Information Authority Law Enforcement
26 Commission or divisions, officers or employees thereof.
27 Every person or corporation shall be subject to the same
28 obligations and duties and any penalties, civil or criminal,
29 arising therefrom, and shall have the same rights arising
30 from the exercise of such rights, powers and duties as if
31 such rights, powers and duties had been exercised by the
32 Illinois Criminal Justice Information Authority Law
33 Enforcement Commission or divisions, officers or employees
34 thereof.
-41- LRB9010610RCks
1 Every officer and employee of the Illinois Criminal
2 Justice Information Board Authority shall, for any offense,
3 be subject to the same penalty or penalties, civil or
4 criminal, as are prescribed by existing law for the same
5 offense by any officer or employee whose powers or duties
6 were transferred to him by this Act.
7 Whenever reports or notices are required to be made or
8 given or paper or documents furnished or served by any person
9 to or upon the Illinois Criminal Justice Information
10 Authority Law Enforcement Commission or divisions, officers
11 or employees thereof with respect to any rights, powers,
12 duties or responsibilities transferred pursuant to this Act,
13 the same shall be made, given, furnished or served in the
14 same manner to or upon the Illinois Criminal Justice
15 Information Board Authority.
16 This Act shall not affect any act done, ratified or
17 cancelled or any right occurring or established or any action
18 or proceeding had or commenced in an administrative, civil,
19 or criminal cause before this Act takes effect; but such
20 actions or proceedings may be prosecuted and continued by the
21 Illinois Criminal Justice Information Board Authority.
22 No rule or regulation promulgated by the Illinois
23 Criminal Justice Information Authority Law Enforcement
24 Commission pursuant to an exercise of right, power or duty
25 which has been transferred to the Illinois Criminal Justice
26 Information Board Authority shall be affected by this Act,
27 and all such rules and regulations shall become the rules and
28 regulations of the Illinois Criminal Justice Information
29 Board Authority.
30 (Source: P.A. 82-1039.)
31 (20 ILCS 3930/11) (from Ch. 38, par. 210-11)
32 Sec. 11. Other Functions. On the effective date of this
33 amendatory Act of 1998 Effective April 1, 1983, if any of the
-42- LRB9010610RCks
1 functions relating to the rights, powers, duties and
2 responsibilities described in paragraph (b) of Section 10 of
3 this Act - other than such of said functions, if any, as
4 pertain primarily to the juvenile justice programs referred
5 to in paragraph (a) of Section 10 of this Act -- have not
6 been fully completed and performed by the Illinois Criminal
7 Justice Information Authority Law Enforcement Commission, the
8 same shall be transferred to and assumed by the Board
9 Authority.
10 (Source: P.A. 82-1039.)
11 (20 ILCS 3930/12) (from Ch. 38, par. 210-12)
12 Sec. 12. Administrative Action and Review. The Illinois
13 Administrative Procedure Act, as amended, and the rules and
14 regulations adopted thereunder shall apply to and govern all
15 administrative actions taken by the Board Authority, where
16 applicable, unless otherwise prescribed by this Act.
17 Judicial review of final administrative decisions may be had
18 in accordance with the Administrative Review Law, as now or
19 hereafter amended.
20 (Source: P.A. 82-1039.)
21 (20 ILCS 3930/13) (from Ch. 38, par. 210-13)
22 Sec. 13. Construction of Act. This Act shall be
23 liberally construed to achieve the purposes set forth in
24 Section 2 of this Act.
25 Sections 1 through 13 of this Act shall in no respect be
26 considered as a repeal of, nor, except as herein provided
27 with respect to the transfer to the Authority of certain
28 rights, powers, duties and responsibilities of the Illinois
29 Law Enforcement Commission under "An Act creating an Illinois
30 Law Enforcement Commission and defining its powers and
31 duties", as a limitation of the provisions of any existing
32 law of this State concerning law enforcement or criminal
-43- LRB9010610RCks
1 justice, but shall be construed as supplemental thereto.
2 (Source: P.A. 82-1039.)
3 Section 30. The Illinois Motor Vehicle Theft Prevention
4 Act is amended by changing Sections 3, 4, 6, and 8 as
5 follows:
6 (20 ILCS 4005/3) (from Ch. 95 1/2, par. 1303)
7 (Section scheduled to be repealed on January 1, 2000)
8 Sec. 3. As used in this Act:
9 (a) "Board" "Authority" means the Illinois Criminal
10 Justice Information Board Authority.
11 (b) "Council" means the Illinois Motor Vehicle Theft
12 Prevention Council, established within the Board Authority by
13 this Act.
14 (c) "Trust Fund" means the Motor Vehicle Theft
15 Prevention Trust Fund.
16 (Source: P.A. 86-1408.)
17 (20 ILCS 4005/4) (from Ch. 95 1/2, par. 1304)
18 (Section scheduled to be repealed on January 1, 2000)
19 Sec. 4. There is hereby created within the Board
20 Authority an Illinois Motor Vehicle Theft Prevention Council,
21 which shall exercise its powers, duties and responsibilities
22 independently of the Board Authority. There shall be 11
23 members of the Council consisting of the Secretary of State
24 or his designee, the Director of the Department of State
25 Police, the State's Attorney of Cook County, the
26 Superintendent of the Chicago Police Department, and the
27 following 7 additional members, each of whom shall be
28 appointed by the Governor: a state's attorney of a county
29 other than Cook, a chief executive law enforcement official
30 from a jurisdiction other than the City of Chicago, 5
31 representatives of insurers authorized to write motor vehicle
-44- LRB9010610RCks
1 insurance in this State, all of whom shall be domiciled in
2 this State.
3 The Governor from time to time shall designate the
4 Chairman of the Council from the membership. All members of
5 the Council appointed by the Governor shall serve at the
6 discretion of the Governor for a term not to exceed 4 years.
7 The initial appointed members of the Council shall serve from
8 January 1, 1991 until the third Monday in January, 1995 or
9 until their successors are appointed. The Council shall meet
10 at least quarterly.
11 (Source: P.A. 89-277, eff. 8-10-95.)
12 (20 ILCS 4005/6) (from Ch. 95 1/2, par. 1306)
13 (Section scheduled to be repealed on January 1, 2000)
14 Sec. 6. The Executive Director of the Board Authority
15 shall employ, in accordance with the provisions of the
16 Illinois Personnel Code, such administrative, professional,
17 clerical, and other personnel as may be required and may
18 organize such staff as may be appropriate to effectuate the
19 purposes of this Act.
20 (Source: P.A. 86-1408.)
21 (20 ILCS 4005/8) (from Ch. 95 1/2, par. 1308)
22 (Section scheduled to be repealed on January 1, 2000)
23 Sec. 8. (a) A special fund is created in the State
24 Treasury known as the Motor Vehicle Theft Prevention Trust
25 Fund, which shall be administered by the Executive Director
26 of the Board Authority at the direction of the Council. All
27 interest earned from the investment or deposit of monies
28 accumulated in the Trust Fund shall, pursuant to Section 4.1
29 of the State Finance Act, be deposited in the Trust Fund.
30 (b) Money deposited in this Trust Fund shall not be
31 considered general revenue of the State of Illinois.
32 (c) Money deposited in the Trust Fund shall be used only
-45- LRB9010610RCks
1 to enhance efforts to effectuate the purposes of this Act as
2 determined by the Council and shall not be appropriated,
3 loaned or in any manner transferred to the General Revenue
4 Fund of the State of Illinois.
5 (d) Prior to April 1, 1991, and prior to April 1 of each
6 year thereafter, each insurer engaged in writing private
7 passenger motor vehicle insurance coverages which are
8 included in Class 2 and Class 3 of Section 4 of the Illinois
9 Insurance Code, as a condition of its authority to transact
10 business in this State, may collect and shall pay into the
11 Trust Fund an amount equal to $1.00, or a lesser amount
12 determined by the Council, multiplied by the insurer's total
13 earned car years of private passenger motor vehicle insurance
14 policies providing physical damage insurance coverage written
15 in this State during the preceding calendar year.
16 (e) Money in the Trust Fund shall be expended as
17 follows:
18 (1) To pay the Board's Authority's costs to
19 administer the Council and the Trust Fund, but for this
20 purpose in an amount not to exceed ten percent in any one
21 fiscal year of the amount collected pursuant to paragraph
22 (d) of this Section in that same fiscal year.
23 (2) To achieve the purposes and objectives of this
24 Act, which may include, but not be limited to, the
25 following:
26 (A) To provide financial support to law
27 enforcement and correctional agencies, prosecutors,
28 and the judiciary for programs designed to reduce
29 motor vehicle theft and to improve the
30 administration of motor vehicle theft laws.
31 (B) To provide financial support for federal
32 and State agencies, units of local government,
33 corporations and neighborhood, community or business
34 organizations for programs designed to reduce motor
-46- LRB9010610RCks
1 vehicle theft and to improve the administration of
2 motor vehicle theft laws.
3 (C) To provide financial support to conduct
4 programs designed to inform owners of motor vehicles
5 about the financial and social costs of motor
6 vehicle theft and to suggest to those owners methods
7 for preventing motor vehicle theft.
8 (D) To provide financial support for plans,
9 programs and projects designed to achieve the
10 purposes of this Act.
11 (f) Insurers contributing to the Trust Fund shall have a
12 property interest in the unexpended money in the Trust Fund,
13 which property interest shall not be retroactively changed or
14 extinguished by the General Assembly.
15 (g) In the event the Trust Fund were to be discontinued
16 or the Council were to be dissolved by act of the General
17 Assembly or by operation of law, then, notwithstanding the
18 provisions of Section 5 of the State Finance Act, any balance
19 remaining therein shall be returned to the insurers writing
20 private passenger motor vehicle insurance in proportion to
21 their financial contributions to the Trust Fund and any
22 assets of the Council shall be liquidated and returned in the
23 same manner after deduction of administrative costs.
24 (Source: P.A. 88-452; 89-277, eff. 8-10-95.)
25 Section 35. The Illinois Violence Prevention Act of 1995
26 is amended by changing Section 10 as follows:
27 (20 ILCS 4027/10)
28 Sec. 10. Illinois Violence Prevention Authority. There
29 is hereby created the Illinois Violence Prevention Authority
30 (hereafter "Authority") which shall be chaired jointly by the
31 Attorney General and the Director of Public Health and shall
32 also include: the Secretary of Human Services (or his or her
-47- LRB9010610RCks
1 designee) plus 2 additional representatives of the Department
2 of Human Services designated by the Secretary; the director
3 or designee of the following departments of State government:
4 the Department of State Police, the Illinois Criminal Justice
5 Information Board Authority, the Department of Children and
6 Family Services, the Department on Aging, and the State Board
7 of Education; and 8 public members representing health,
8 criminal justice, and civic associations or organizations
9 working in the area of violence prevention, 4 each appointed
10 by the Attorney General and the Director of Public Health.
11 (Source: P.A. 89-353, eff. 8-17-95; 89-507, eff. 7-1-97.)
12 Section 40. The Unified Code of Corrections is amended
13 by changing Section 3-6-3.1 as follows:
14 (730 ILCS 5/3-6-3.1)
15 Sec. 3-6-3.1. Truth-in-Sentencing Commission.
16 (a) Legislative findings. The General Assembly finds
17 that violent crime continues to be a severe problem in
18 Illinois. Criminals sentenced to prison for violating the
19 laws of Illinois are often released after serving a fraction
20 of their sentence under Illinois' early release statute. The
21 early release of criminals from prison after they are
22 sentenced to longer terms in court misleads the public as
23 well as victims of crime. Many of these criminals return to
24 a life of crime immediately upon their early release from
25 prison, committing violent acts including murder and rape.
26 Public safety, as well as the integrity of the justice
27 system, demands that criminals serve the sentences handed
28 down by the courts, and that a Truth-in-Sentencing Commission
29 be established to effectuate this goal.
30 (b) Truth-in-Sentencing Commission. There is created
31 the Illinois Truth-in-Sentencing Commission, to consist of 13
32 members as follows:
-48- LRB9010610RCks
1 (1) Three members appointed by the Governor, one of
2 whom shall be a member of the faculty of an accredited
3 Illinois law school;
4 (2) The Attorney General or his or her designee;
5 (3) One member appointed by the President of the
6 Senate;
7 (4) One member appointed by the Minority Leader of
8 the Senate;
9 (5) One member appointed by the Speaker of the
10 House of Representatives;
11 (6) One member appointed by the Minority Leader of
12 the House of Representatives;
13 (7) The Director of the Illinois Department of
14 Corrections or his or her designee;
15 (8) The State's Attorney of Cook County or his or
16 her designee;
17 (9) The Executive Director of the Illinois Criminal
18 Justice Information Board Authority or his or her
19 designee;
20 (10) The President of the Illinois State's
21 Attorneys Association; and
22 (11) The President of the Illinois Association of
23 Chiefs of Police.
24 All appointments shall be filed with the Secretary of
25 State by the appointing authority.
26 (c) Duties of the Commission. This Commission shall:
27 (1) develop and monitor legislation facilitating
28 the implementation of Truth-in-Sentencing laws which
29 require criminals to serve at least 85% of their
30 court-imposed sentences, using any information and
31 recommendations available regarding those laws;
32 (2) review the funding provisions of the Violent
33 Crime Control Act of 1994, and any subsequent federal
34 legislation of a comparable nature, to comment in
-49- LRB9010610RCks
1 appropriate federal rulemaking and legislative processes
2 on State law enforcement, correctional, and fiscal
3 concerns, and, upon the finalization of federal
4 requirements, to determine what is required to obtain
5 maximum federal funding to assist the State in
6 implementing Truth-in-Sentencing laws; and
7 (3) study the possibility of changing sentences in
8 order to more accurately reflect the actual time spent in
9 prison, while preserving the system's ability to punish
10 criminals justly and equitably.
11 (d) Organization. The Commission shall elect a Chair
12 and Vice-Chair from among its members at its first meeting.
13 The members of the Commission shall serve without
14 compensation but shall be reimbursed for reasonable expenses
15 incurred in the course of performing their duties.
16 (e) Intergovernmental cooperation. The Illinois
17 Criminal Justice Information Board Authority shall assist the
18 Commission with any and all research and drafting necessary
19 to fulfill its duties. The Illinois Department of
20 Corrections shall give any reasonable assistance to the
21 Commission, including making available all pertinent
22 statistical information at the Department's disposal.
23 (f) The Commission shall present a full report and a
24 draft of appropriate Truth-in-Sentencing legislation to the
25 Governor and the General Assembly no later than March 1,
26 1997.
27 (Source: P.A. 89-404, eff. 8-20-95; 89-428, eff. 12-13-95;
28 89-689, eff. 12-31-96.)