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Public Act 100-0662
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| SB2265 Enrolled | LRB100 15527 RJF 30574 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Department of State Police Law of the
Civil |
Administrative Code of Illinois is amended by changing Sections |
2605-375 and 2605-485 as follows:
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(20 ILCS 2605/2605-375) (was 20 ILCS 2605/55a in part)
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Sec. 2605-375. Missing persons; Law Enforcement Agencies |
Data System
(LEADS).
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(a) To establish and maintain a statewide Law Enforcement
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Agencies Data System (LEADS) for the purpose of providing |
electronic access
by authorized entities to criminal justice |
data repositories and effecting an
immediate law enforcement |
response to reports of missing persons, including
lost, missing |
or runaway minors, lost or missing individuals with |
developmental or intellectual disabilities, and missing |
endangered seniors. The Department shall implement an |
automatic
data exchange system to compile, to maintain, and to |
make available to
other law
enforcement agencies for immediate |
dissemination data that can
assist
appropriate agencies in |
recovering missing persons and provide access by
authorized |
entities to various data repositories available through LEADS |
for
criminal justice and related purposes. To assist the |
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Department in
this effort, funds may be appropriated from the |
LEADS Maintenance Fund. Funds may be appropriated from the |
LEADS Maintenance Fund to the Department to finance any of its |
lawful purposes or functions in relation to defraying the |
expenses associated with establishing, maintaining, and |
supporting the issuance of electronic citations.
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(b) In exercising its duties under this Section, the
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Department shall provide a uniform reporting format (LEADS) for |
the entry of pertinent
information regarding the report of a |
missing person into LEADS. The report must include all of the |
following:
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(1) Relevant information obtained from the |
notification concerning the missing person, including all |
of the following: |
(A) a physical description of the missing person; |
(B) the date, time, and place that the missing |
person was last seen; and |
(C) the missing person's address. |
(2) Information gathered by a preliminary |
investigation, if one was made. |
(3) A statement by the law enforcement officer in |
charge stating the officer's assessment of the case based |
on the evidence and information received. |
(b-5) The Department of State Police shall:
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(1) Develop and implement a policy whereby a statewide |
or regional alert
would be used in situations relating to |
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the disappearances of individuals,
based on criteria and in |
a format established by the Department. Such a
format shall |
include, but not be limited to, the age of the missing |
person
and the suspected circumstance of the |
disappearance.
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(2) Notify all law enforcement agencies that reports of |
missing persons
shall be entered as soon as the minimum |
level of data specified by the
Department is available to |
the reporting agency and that no waiting period
for the |
entry of the data exists.
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(3) Compile and retain information regarding lost, |
abducted, missing,
or
runaway minors in a separate data |
file, in a manner that allows that
information to be used |
by law enforcement and other agencies deemed
appropriate by |
the Director, for investigative purposes. The
information
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shall include the disposition of all reported lost, |
abducted, missing, or
runaway minor cases.
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(4) Compile and maintain an historic data repository |
relating to lost,
abducted, missing, or runaway minors and |
other missing persons, including, but not limited to, lost |
or missing individuals with developmental or intellectual |
disabilities and missing endangered seniors, in order to
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develop and improve techniques utilized by law enforcement |
agencies when
responding to reports of missing persons.
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(5) Create a quality control program regarding |
confirmation of missing
person data, timeliness of entries |
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of missing person reports into LEADS,
and
performance |
audits of all entering agencies.
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(c) The Illinois Law Enforcement Training Standards Board |
shall conduct a training program for law enforcement personnel |
of local governmental agencies in the Missing Persons |
Identification Act.
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(d) The Department of State Police shall perform the duties |
prescribed in the Missing Persons Identification Act, subject |
to appropriation.
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(Source: P.A. 97-402, eff. 8-16-11.)
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(20 ILCS 2605/2605-485) |
Sec. 2605-485. Endangered Missing Person Advisory. |
(a) A coordinated program known as the Endangered Missing |
Person Advisory is established within the Department of State |
Police. The purpose of the Endangered Missing Person Advisory |
is to provide a regional system for the rapid dissemination of |
information regarding a missing person who is believed to be a |
high-risk missing person as defined in Section 10 of the |
Missing Persons Identification Act. |
(b) The AMBER Plan Task Force, established under Section |
2605-480 of the Department of State Police Law, shall serve as |
the task force for the Endangered Missing Person Advisory. The |
AMBER Plan Task Force shall monitor and review the |
implementation and operation of the regional system developed |
under subsection (a), including procedures, budgetary |
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requirements, and response protocols. The AMBER Plan Task Force |
shall also develop additional network resources for use in the |
system. |
(c) The Department of State Police, in coordination with |
the Illinois Department on Aging, shall develop and implement a |
community outreach program to promote awareness among the |
State's healthcare facilities, nursing homes, assisted living |
facilities, and other senior centers. The guidelines and |
procedures shall ensure that specific health information about |
the missing person is not made public through the alert or |
otherwise. |
(c-5) Subject to appropriation, the Department of State |
Police, in coordination with the Illinois Department of Human |
Services, shall develop and implement a community outreach |
program to promote awareness of the Endangered Missing Person |
Advisory among applicable entities, including, but not limited |
to, developmental disability facilities as defined in Section |
1-107 of the Mental Health and Developmental Disabilities Code. |
The guidelines and procedures shall ensure that specific health |
information about the missing person is not made public through |
the alert or otherwise. |
(d) The Child Safety Coordinator, created under Section |
2605-480 of the Department of State Police Law, shall act in |
the dual capacity of Child Safety Coordinator and Endangered |
Missing Person Coordinator. The Coordinator shall assist in the |
establishment of State standards and monitor the availability |
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of federal funding that may become available to further the |
objectives of the Endangered Missing Person Advisory. The |
Department shall provide technical assistance for the |
Coordinator from its existing resources.
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(e)(1) The Department of State Police, in cooperation with |
the Silver Search Task Force, shall develop as part of the |
Endangered Missing Person Advisory a coordinated statewide |
awareness program and toolkit to be used when a person 21 years |
of age or older who is believed to have Alzheimer's disease, |
other related dementia, or other dementia-like cognitive |
impairment is reported missing, which shall be referred to as |
Silver Search. |
(2)
The Department shall complete development and |
deployment of the Silver Search Awareness Program and toolkit |
on or before July 1, 2017. |
(3)
The Department of State Police shall establish a Silver |
Search Task Force within 90 days after the effective date of |
this amendatory Act of the 99th General Assembly to assist the |
Department in development and deployment of the Silver Search |
Awareness Program and toolkit. The Task Force shall establish |
the criteria and create a toolkit, which may include usage of |
Department of Transportation signs, under Section 2705-505.6 |
of the Department of Transportation Law of the Civil |
Administrative Code of Illinois. The Task Force shall monitor |
and review the implementation and operation of that program, |
including procedures, budgetary requirements, standards, and |
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minimum requirements for the training of law enforcement |
personnel on how to interact appropriately and effectively with |
individuals that suffer from Alzheimer's disease, other |
dementia, or other dementia-like cognitive impairment. The |
Task Force shall also develop additional network and financial |
resources for use in the system. The Task Force shall include, |
but is not limited to, one representative from each of the |
following: |
(A) the Department of State Police; |
(B) the Department on Aging; |
(C) the Department of Public Health; |
(D) the Illinois Law Enforcement Training Standards |
Board; |
(E) the Illinois Emergency Management Agency; |
(F) the Secretary of State; |
(G) the Department of Transportation; |
(H) the Department of the Lottery; |
(I) the Illinois Toll Highway Authority; |
(J) a State association dedicated to Alzheimer's care, |
support, and research; |
(K) a State association dedicated to improving quality |
of life for persons age 50 and over; |
(L) a State group of area agencies involved in planning |
and coordinating services and programs for older persons in |
their respective areas; |
(M) a State organization dedicated to enhancing |
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communication and cooperation between sheriffs; |
(N) a State association of police chiefs and other |
leaders of police and public safety organizations; |
(O) a State association representing Illinois |
publishers; |
(P) a State association that advocates for the |
broadcast industry; |
(Q) a member of a large wireless telephone carrier; and |
(R) a member of a small wireless telephone carrier. |
The members of the Task Force designated in subparagraphs |
(A) through (I) of this paragraph (3) shall be appointed by the |
head of the respective agency. The members of the Task Force |
designated in subparagraphs (J) through (R) of this paragraph |
(3) shall be appointed by the Director of State Police. The |
Director of State Police or his or her designee shall serve as |
Chair of the Task Force. |
The Task Force shall meet at least twice a year and shall |
provide a report on the operations of the Silver Search Program |
to the General Assembly and the Governor each year by June 30. |
(4)
Subject to appropriation, the Department of State |
Police, in coordination with the Department on Aging and the |
Silver Search Task Force, shall develop and implement a |
community outreach program to promote awareness of the Silver |
Search Program as part of the Endangered Missing Person |
Advisory among law enforcement agencies, the State's |
healthcare facilities, nursing homes, assisted living |
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facilities, other senior centers, and the general population on |
or before January 1, 2017. |
(5)
The Child Safety Coordinator, created under Section |
2605-480 of the Department of State Police Law of the Civil |
Administrative Code of Illinois, shall act in the capacity of |
Child Safety Coordinator, Endangered Missing Person |
Coordinator, and Silver Search Program Coordinator. The |
Coordinator, in conjunction with the members of the Task Force, |
shall assist the Department and the Silver Search Task Force in |
the establishment of State standards and monitor the |
availability of federal and private funding that may become |
available to further the objectives of the Endangered Missing |
Person Advisory and Silver Search Awareness Program. The |
Department shall provide technical assistance for the |
Coordinator from its existing resources. |
(6) The Department of State Police shall provide |
administrative and other support to the Task Force. |
(Source: P.A. 99-322, eff. 1-1-16.)
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Section 10. The Missing Persons Identification Act is |
amended by changing Section 10 as follows:
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(50 ILCS 722/10)
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Sec. 10. Law enforcement analysis and reporting of missing |
person information. |
(a) Prompt determination of high-risk missing person. |
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(1) Definition. "High-risk missing person" means a |
person whose whereabouts are not currently known and whose |
circumstances indicate that the person may be at risk of |
injury or death. The circumstances that indicate that a |
person is a high-risk missing person include, but are not |
limited to, any of the following: |
(A) the person is missing as a result of a stranger |
abduction; |
(B) the person is missing under suspicious |
circumstances; |
(C) the person is missing under unknown |
circumstances; |
(D) the person is missing under known dangerous |
circumstances; |
(E) the person is missing more than 30 days; |
(F) the person has already been designated as a |
high-risk missing person by another law enforcement |
agency; |
(G) there is evidence that the person is at risk |
because: |
(i) the person is in need of medical attention, |
including but not limited to persons with |
dementia-like symptoms, or prescription |
medication; |
(ii) the person does not have a pattern of |
running away or disappearing; |
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(iii) the person may have been abducted by a |
non-custodial parent; |
(iv) the person is mentally impaired, |
including, but not limited to, a person having a |
developmental disability, as defined in Section |
1-106 of the Mental Health and Developmental |
Disabilities Code, or a person having an |
intellectual disability, as defined in Section |
1-116 of the Mental Health and Developmental |
Disabilities Code; |
(v) the person is under the age of 21; |
(vi) the person has been the subject of past |
threats or acts of violence; |
(vii) the person has eloped from a nursing |
home; or |
(H) any other factor that may, in the judgment of |
the law enforcement official, indicate that the |
missing person may be at risk. |
(2) Law enforcement risk assessment. |
(A) Upon initial receipt of a missing person |
report, the law enforcement agency shall immediately |
determine whether there is a basis to determine that |
the missing person is a high-risk missing person. |
(B) If a law enforcement agency has previously |
determined that a missing person is not a high-risk |
missing person, but obtains new information, it shall |
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immediately determine whether the information |
indicates that the missing person is a high-risk |
missing person. |
(C) Law enforcement agencies are encouraged to |
establish written protocols for the handling of |
missing person cases to accomplish the purposes of this |
Act. |
(3) Law enforcement agency reports. |
(A) The responding local law enforcement agency |
shall immediately enter all collected information |
relating to the missing person case in the Law |
Enforcement Agencies Data System (LEADS) and the |
National Crime Information Center (NCIC) databases. |
The information shall be provided in accordance with |
applicable guidelines relating to the databases. The |
information shall be entered as follows: |
(i) All appropriate DNA profiles, as |
determined by the Department of State Police, |
shall be uploaded into the missing person |
databases of the State DNA Index System (SDIS) and |
National DNA Index System (NDIS) after completion |
of the DNA analysis and other procedures required |
for database entry. |
(ii) Information relevant to the Federal |
Bureau of Investigation's Violent Criminal |
Apprehension Program shall be entered as soon as |
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possible. |
(iii) The Department of State Police shall |
ensure that persons entering data relating to |
medical or dental records in State or federal |
databases are specifically trained to understand |
and correctly enter the information sought by |
these databases. The Department of State Police |
shall either use a person with specific expertise |
in
medical or dental records for this purpose or |
consult with a chief medical examiner, forensic |
anthropologist, or odontologist to ensure the |
accuracy and completeness of information entered |
into the State and federal databases.
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(B) The Department of State Police shall |
immediately notify all law enforcement agencies within |
this State and the surrounding region of the |
information that will aid in the prompt location and |
safe return of the high-risk missing person. |
(C) The local law enforcement agencies that |
receive the notification from the Department of State |
Police shall notify officers to be on the lookout for |
the missing person or a suspected abductor. |
(D) Pursuant to any applicable State criteria, |
local law enforcement agencies shall also provide for |
the prompt use of an Amber Alert in cases involving |
abducted children; or use of the Endangered Missing |