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Public Act 102-0756


 

Public Act 0756 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0756
 
HB4736 EnrolledLRB102 24374 RJF 33608 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
Article 1.

 
    Section 1-1. Short title. This Article may be cited as the
Crime Reduction Task Force Act. References in this Article to
"this Act" mean this Article.
 
    Section 1-5. Crime Reduction Task Force; creation;
purpose. The Crime Reduction Task Force is created. The
purpose of the Task Force is to develop and propose policies
and procedures to reduce crime in the State of Illinois.
 
    Section 1-10. Task Force members.
    (a) The Crime Reduction Task Force shall be composed of
the following members:
        (1) two State Senators, appointed by the President of
    the Senate;
        (2) two State Representatives, appointed by the
    Speaker of the House of Representatives;
        (3) two State Senators, appointed by the Minority
    Leader of the Senate;
        (4) two State Representatives, appointed by the
    Minority Leader of the House of Representatives;
        (5) the Director of the Illinois State Police, or his
    or her designee;
        (6) the Attorney General, or his or her designee;
        (7) a retired judge, appointed by the Governor;
        (8) a representative of a statewide association
    representing State's Attorneys, appointed by the Governor;
        (9) a representative of a statewide association
    representing public defenders, appointed by the Governor;
        (10) the executive director of a statewide association
    representing county sheriffs or his or her designee,
    appointed by the Governor;
        (11) the executive director of a statewide association
    representing chiefs of police, appointed by the Governor;
        (12) a representative of a statewide organization
    protecting civil liberties, appointed by the Governor;
        (13) two justice-involved members of the public,
    appointed by the Governor;
        (14) four justice-involved members of the public,
    appointed one each by the President of the Senate, Speaker
    of the House of Representatives, Minority Leader of the
    Senate, and Minority Leader of the House of
    Representatives;
        (15) one member representing a statewide organization
    of municipalities as authorized by Section 1-8-1 of the
    Illinois Municipal Code, appointed by the Governor;
        (16) a representative of an organization supporting
    crime survivors, appointed by the Governor;
        (17) a representative of an organization supporting
    domestic violence survivors, appointed by the Governor;
        (18) the Executive Director of the Sentencing Policy
    Advisory Council, or his or her designee; and
        (19) one active law enforcement officer, appointed by
    the Governor.
    As used in this Act, "justice-involved" means having had
interactions with the criminal justice system as a defendant,
victim, or witness or immediate family member of a defendant,
victim, or witness.
    (b) The President of the Senate and the Speaker of the
House shall appoint co-chairpersons for the Task Force. The
Task Force shall have all appointments made within 30 days of
the effective date of this Act.
    (c) The Illinois Criminal Justice Information Authority
shall provide administrative and technical support to the Task
Force and be responsible for administering its operations and
ensuring that the requirements of the Task Force are met. The
members of the Task Force shall serve without compensation.
 
    Section 1-15. Meetings; report.
    (a) The Task Force shall meet at least 4 times with the
first meeting occurring within 60 days after the effective
date of this Act.
    (b) The Task Force shall review available research and
best practices and take expert and witness testimony.
    (c) The Task Force shall produce and submit a report
detailing the Task Force's findings, recommendations, and
needed resources to the General Assembly and the Governor on
or before March 1, 2023.
 
    Section 1-20. Repeal. This Act is repealed on March 1,
2024.
 
Article 2.

 
    Section 2-85. The Illinois State Police Law of the Civil
Administrative Code of Illinois is amended by changing Section
2605-51 as follows:
 
    (20 ILCS 2605/2605-51)
    Sec. 2605-51. Division of the Academy and Training.
    (a) The Division of the Academy and Training shall
exercise, but not be limited to, the following functions:
        (1) Oversee and operate the Illinois State Police
    Training Academy.
        (2) Train and prepare new officers for a career in law
    enforcement, with innovative, quality training and
    educational practices.
        (3) Offer continuing training and educational programs
    for Illinois State Police employees.
        (4) Oversee the Illinois State Police's recruitment
    initiatives.
        (5) Oversee and operate the Illinois State Police's
    quartermaster.
        (6) Duties assigned to the Illinois State Police in
    Article 5, Chapter 11 of the Illinois Vehicle Code
    concerning testing and training officers on the detection
    of impaired driving.
        (7) Duties assigned to the Illinois State Police in
    Article 108B of the Code of Criminal Procedure.
    (b) The Division of the Academy and Training shall
exercise the rights, powers, and duties vested in the former
Division of State Troopers by Section 17 of the Illinois State
Police Act.
    (c) Specialized training.
        (1) Training; cultural diversity. The Division of the
    Academy and Training shall provide training and continuing
    education to State police officers concerning cultural
    diversity, including sensitivity toward racial and ethnic
    differences. This training and continuing education shall
    include, but not be limited to, an emphasis on the fact
    that the primary purpose of enforcement of the Illinois
    Vehicle Code is safety and equal and uniform enforcement
    under the law.
        (2) Training; death and homicide investigations. The
    Division of the Academy and Training shall provide
    training in death and homicide investigation for State
    police officers. Only State police officers who
    successfully complete the training may be assigned as lead
    investigators in death and homicide investigations.
    Satisfactory completion of the training shall be evidenced
    by a certificate issued to the officer by the Division of
    the Academy and Training. The Director shall develop a
    process for waiver applications for officers whose prior
    training and experience as homicide investigators may
    qualify them for a waiver. The Director may issue a
    waiver, at his or her discretion, based solely on the
    prior training and experience of an officer as a homicide
    investigator.
            (A) The Division shall require all homicide
        investigator training to include instruction on
        victim-centered, trauma-informed investigation. This
        training must be implemented by July 1, 2023.
            (B) The Division shall cooperate with the Division
        of Criminal Investigation to develop a model
        curriculum on victim-centered, trauma-informed
        investigation. This curriculum must be implemented by
        July 1, 2023.
        (3) Training; police dog training standards. All
    police dogs used by the Illinois State Police for drug
    enforcement purposes pursuant to the Cannabis Control Act,
    the Illinois Controlled Substances Act, and the
    Methamphetamine Control and Community Protection Act shall
    be trained by programs that meet the certification
    requirements set by the Director or the Director's
    designee. Satisfactory completion of the training shall be
    evidenced by a certificate issued by the Division of the
    Academy and Training.
        (4) Training; post-traumatic stress disorder. The
    Division of the Academy and Training shall conduct or
    approve a training program in post-traumatic stress
    disorder for State police officers. The purpose of that
    training shall be to equip State police officers to
    identify the symptoms of post-traumatic stress disorder
    and to respond appropriately to individuals exhibiting
    those symptoms.
        (5) Training; opioid antagonists. The Division of the
    Academy and Training shall conduct or approve a training
    program for State police officers in the administration of
    opioid antagonists as defined in paragraph (1) of
    subsection (e) of Section 5-23 of the Substance Use
    Disorder Act that is in accordance with that Section. As
    used in this Section, "State police officers" includes
    full-time or part-time State police officers,
    investigators, and any other employee of the Illinois
    State Police exercising the powers of a peace officer.
        (6) Training; sexual assault and sexual abuse.
            (A) Every 3 years, the Division of the Academy and
        Training shall present in-service training on sexual
        assault and sexual abuse response and report writing
        training requirements, including, but not limited to,
        the following:
                (i) recognizing the symptoms of trauma;
                (ii) understanding the role trauma has played
            in a victim's life;
                (iii) responding to the needs and concerns of
            a victim;
                (iv) delivering services in a compassionate,
            sensitive, and nonjudgmental manner;
                (v) interviewing techniques in accordance with
            the curriculum standards in this paragraph (6);
                (vi) understanding cultural perceptions and
            common myths of sexual assault and sexual abuse;
            and
                (vii) report writing techniques in accordance
            with the curriculum standards in this paragraph
            (6).
            (B) This training must also be presented in all
        full and part-time basic law enforcement academies.
            (C) Instructors providing this training shall have
        successfully completed training on evidence-based,
        trauma-informed, victim-centered responses to cases of
        sexual assault and sexual abuse and have experience
        responding to sexual assault and sexual abuse cases.
            (D) The Illinois State Police shall adopt rules,
        in consultation with the Office of the Attorney
        General and the Illinois Law Enforcement Training
        Standards Board, to determine the specific training
        requirements for these courses, including, but not
        limited to, the following:
                (i) evidence-based curriculum standards for
            report writing and immediate response to sexual
            assault and sexual abuse, including
            trauma-informed, victim-centered interview
            techniques, which have been demonstrated to
            minimize retraumatization, for all State police
            officers; and
                (ii) evidence-based curriculum standards for
            trauma-informed, victim-centered investigation
            and interviewing techniques, which have been
            demonstrated to minimize retraumatization, for
            cases of sexual assault and sexual abuse for all
            State police officers who conduct sexual assault
            and sexual abuse investigations.
        (7) Training; human trafficking. The Division of the
    Academy and Training shall conduct or approve a training
    program in the detection and investigation of all forms of
    human trafficking, including, but not limited to,
    involuntary servitude under subsection (b) of Section 10-9
    of the Criminal Code of 2012, involuntary sexual servitude
    of a minor under subsection (c) of Section 10-9 of the
    Criminal Code of 2012, and trafficking in persons under
    subsection (d) of Section 10-9 of the Criminal Code of
    2012. This program shall be made available to all cadets
    and State police officers.
        (8) Training; hate crimes. The Division of the Academy
    and Training shall provide training for State police
    officers in identifying, responding to, and reporting all
    hate crimes.
(Source: P.A. 102-538, eff. 8-20-21.)
 
    Section 2-90. The Illinois Criminal Justice Information
Act is amended by adding Section 7.10 as follows:
 
    (20 ILCS 3930/7.10 new)
    Sec. 7.10. Grant program. Subject to appropriation, the
Illinois Criminal Justice Information Authority shall
establish a grant program for organizations and units of local
government for the purposes of providing a tip hotline or
other system for crime victims and witnesses that:
        (1) allows the callers or participants to remain
    anonymous; and
        (2) provides cash rewards for tips that lead to
    arrest.
 
    Section 2-93. The Illinois Municipal Code is amended by
adding Division 1.5 of Article 11 as follows:
 
    (65 ILCS 5/Art. 11 Div. 1.5 heading new)
DIVISION 1.5.
CO-RESPONDER PILOT PROGRAM

 
    (65 ILCS 5/11-1.5-5 new)
    Sec. 11-1.5-5. Definitions. As used in this Section:
    "Department" means the East St. Louis Police Department,
the Peoria Police Department, the Springfield Police
Department, or the Waukegan Police Department.
    "Social Worker" means a licensed clinical social worker or
licensed social worker, as those terms are defined in the
Clinical Social Work and Social Work Practice Act.
    "Station adjustment" has the meaning given to that term in
Section 1-3 of the Juvenile Court Act of 1987.
    "Unit" means a co-responder unit created under this
Division.
 
    (65 ILCS 5/11-1.5-10 new)
    Sec. 11-1.5-10. Establishment; responsibilities; focus.
    (a) Each department shall establish, subject to
appropriation, a co-responder unit no later than 6 months
after the effective date of this amendatory Act of the 102nd
General Assembly, including the hiring of personnel as
provided in this Division.
    (b) Along with the duties described in Sections 11-1.5-15
and 11-1.5-20, the unit's social workers are responsible for
conducting follow-up visits for victims who may benefit from
mental or behavioral health services. The unit shall utilize
community resources, including services provided through the
Department of Human Services and social workers in juvenile
and adult investigations, to connect individuals with
appropriate services.
    (c) The unit's primary area of focus shall be victim
assistance.
 
    (65 ILCS 5/11-1.5-15 new)
    Sec. 11-1.5-15. Duties. The duties of the unit include,
but are not limited to:
        (1) Serving as a resource to a department's community
    to identify and coordinate the social services available
    to residents who are victims of criminal acts.
        (2) Networking with area social service agencies to
    develop a community-mutual resource system and wrap-around
    services (a team-based, collaborative case management
    approach) for victims in need of social service
    assistance; and fostering relationships with community
    organizations not limited to area hospitals, school
    districts, juvenile justice system, and various community
    groups.
        (3) Employing social workers of the unit who shall:
            (A) Upon request, provide community presentations
        on an array of social service topics.
            (B) Assist individuals in diversion from the
        criminal justice system by addressing problems or
        concerns through therapeutic intervention.
            (C) Facilitate follow-up treatment or referral to
        the appropriate community resource organization.
            (D) When requested, assist department employees in
        securing services for those in need and provide
        educational information to help the employee better
        understand the circumstances or the community concern.
            (E) Meet with walk-ins requesting information or
        assistance.
            (F) Protect the interest, confidentiality, and
        civil rights of the client.
            (G) Train social work interns who may be working
        within the unit.
            (H) Be on-call after regular business hours, as
        needed.
            (I) Inform clients, prior to providing services
        under this Division, what communications are
        confidential pursuant to applicable provisions of
        State or federal law, rule, or regulation and what may
        be shared with the social worker's employer.
            (J) Consult on all cases as needed by the
        department.
            (K) Perform other functions as provided in Section
        11-1.5-20 or otherwise needed by a department.
        (4) Employing social workers who shall work with
    victims of crimes as follows:
            (A) Review police reports to identify known
        victims and contact them to offer direct and referred
        services.
            (B) Assist victims with filing police reports and
        victim compensation forms.
            (C) Provide safety planning services to victims.
            (D) Provide crisis counseling services to victims
        and their families.
            (E) Conduct home visits with victims in
        conjunction with police backup, when needed.
            (F) Assist victims in obtaining orders of
        protection. A social worker, in the performance of his
        or her duties under this subparagraph, is an advocate,
        as that term is defined in Section 112A-3 of the Code
        of Criminal Procedure of 1963.
            (G) Facilitate court advocacy services for
        victims, including arranging for transportation to and
        from court.
            (H) Maintain confidential case files which include
        social history, diagnosis, formulation of treatment,
        and documentation of services.
            (I) Perform miscellaneous personal advocacy tasks
        for victims, as needed.
            (J) Oversee activities to ensure those victims
        with the most urgent needs are given the highest
        priority for services.
            (K) Provide status updates on the progress of a
        victim's case.
        (5) Adhering to and understanding the applicable
    policies, procedures, and orders of a department.
        (6) Attaining department-established unit goals.
        (7) Maintaining a positive relationship with
    co-workers, as well as the investigators from area police
    departments and facilitating the exchange of information
    and resources pertaining to investigations that would not
    violate confidentiality as protected pursuant to
    applicable provisions of State or federal law, rule, or
    regulation.
        (8) Keeping informed on crime trends within the City.
        (9) Remaining obedient and responsive to all lawful
    verbal and written orders issued by superiors.
        (10) Completing police reports and other required
    documentation.
        (11) Performing such other duties as may be required
    by State law, city ordinance, and department policy or as
    may be assigned by a sworn supervisor.
 
    (65 ILCS 5/11-1.5-20 new)
    Sec. 11-1.5-20. Social workers.
    (a) Unit social workers may be referred to as victim
service specialists. Social workers are responsible for
working as a team to provide trauma-informed crisis
intervention, case management, advocacy, and ongoing emotional
support to the victims of all crimes, with extra attention to
crimes that cause a high level of victim trauma.
    (b) Unit social workers involved in a case under adult
investigations may perform the following responsibilities:
        (1) Working with domestic violence investigators.
        (2) Assisting victims with finding safe housing,
    transportation, and legal assistance.
        (3) Providing other needed resources for victims and
    their families, including working with children who
    witness or experience domestic violence.
        (4) Assisting victims and their children in setting up
    counseling.
        (5) Helping reduce victims' chances of reentry into
    violent situations.
    (c) Unit social workers involved in a case under juvenile
investigations may perform the following responsibilities:
        (1) Working with families that have habitual runaways
    and determining why the juveniles keep running away.
        (2) Providing services to families where there have
    been domestic disturbances between the juveniles and their
    parents.
        (3) Providing resources for parents to help their
    children who are struggling in school or need
    transportation to school.
        (4) Providing guidance and advice to the families of a
    juvenile who has been arrested and what the next steps and
    options are in the process.
        (5) Assisting a juvenile with station adjustments and
    creating a station adjustment program in a department.
        (6) Providing services to juvenile victims and
    families where the Department of Children and Family
    Services either did not get involved or did not provide
    services.
        (7) Assisting with overcoming feuds between groups of
    juveniles.
        (8) Assisting in instances where the families are not
    cooperative with police.
        (9) Discussing with families and juveniles options and
    solutions to prevent future arrest.
        (10) Maintaining a list of families in need that the
    unit or department have had contact with for department or
    city special events.
        (11) Helping facilitate or assist a department in
    community-oriented events, such as setting up an event
    where officers or unit personnel read books with younger
    children, talking about cyber crimes and social media, or
    having an officer or unit personnel visit a school for
    other activities.
        (12) Helping reduce juvenile recidivism.
 
    (65 ILCS 5/11-1.5-25 new)
    Sec. 11-1.5-25. Training. All unit employees shall be
trained in crisis intervention and integrating communications,
assessment and tactics. Integrating communications,
assessment, and tactics training shall be designed for
situations involving persons who are unarmed or are armed with
weapons and who may be experiencing a mental health or other
crisis. The training shall incorporate different skill sets
into a unified training approach that emphasizes
scenario-based exercises, as well as lecture and case study
opportunities.
 
    (65 ILCS 5/11-1.5-30 new)
    Sec. 11-1.5-30. Privileged or confidential communications.
Nothing contained in this Division shall be construed to
impair or limit the confidentiality of communications
otherwise protected by law as privileged or confidential,
including, but not limited to, information communicated in
confidence to a social worker or social work intern who works
under the direct supervision of a social worker. No social
worker shall be subjected to adverse employment action, the
threat of adverse employment action, or any manner of
discrimination because the employee is acting or has acted to
protect communications as privileged or confidential pursuant
to applicable provisions of State or federal law, rule, or
regulation.
 
    (65 ILCS 5/11-1.5-99 new)
    Sec. 11-1.5-99. Repeal. This Division is repealed January
1, 2029.
 
    Section 2-95. The Gang Crime Witness Protection Act of
2013 is amended by changing Sections 1, 5, 10, 15, 20, and 25
as follows:
 
    (725 ILCS 173/1)
    Sec. 1. Short title. This Act may be cited as the Violent
Gang Crime Witness Protection Act of 2013.
(Source: P.A. 98-58, eff. 7-8-13.)
 
    (725 ILCS 173/5)
    Sec. 5. Definition. As used in this Act, "violent crime"
means a violent crime as that term is defined in Section 3 of
the Rights of Crime Victims and Witnesses Act "gang crime"
means any criminal offense committed by a member of a "gang" as
that term is defined in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act when the offense is in
furtherance of any activity, enterprise, pursuit, or
undertaking of a gang.
(Source: P.A. 98-58, eff. 7-8-13.)
 
    (725 ILCS 173/10)
    Sec. 10. Financial Assistance Program. No later than
January 1, 2023 Subject to appropriation, the Illinois
Criminal Justice Information Authority, in consultation with
the Office of the Attorney General, shall establish and
administer a program to assist victims and witnesses who are
actively aiding in the prosecution of perpetrators of violent
gang crime, and appropriate related persons or victims and
witnesses determined by the Authority to be at risk of a
discernible threat of violent crime. The program shall be
administered by the Illinois Criminal Justice Information
Authority. The program shall offer, among other things,
financial Financial assistance, including financial assistance
on an emergency basis, that may be provided, upon application
by a State's Attorney or the Attorney General, or a chief
executive of a police agency with the approval from the
State's Attorney or Attorney General, investigating or
prosecuting a gang crime occurring under the State's
Attorney's or Attorney General's respective jurisdiction, from
funds deposited in the Violent Gang Crime Witness Protection
Program Fund and appropriated from that Fund for the purposes
of this Act.
(Source: P.A. 98-58, eff. 7-8-13.)
 
    (725 ILCS 173/15)
    Sec. 15. Funding. The Illinois Criminal Justice
Information Authority, in consultation with the Office of the
Attorney General, shall adopt rules for the implementation of
the Violent Gang Crime Witness Protection Program. Assistance
shall be subject to the following limitations:
        (a) Funds shall be limited to payment of the
    following:
            (1) emergency or temporary living costs;
            (2) moving expenses;
            (3) rent;
            (3.5) utilities;
            (4) security deposits for rent and utilities; and
            (5) other appropriate expenses of relocation or
        transition;
            (6) mental health treatment; and
            (7) lost wage assistance.
        (b) Approval of applications made by State's Attorneys
    shall be conditioned upon county funding for costs at a
    level of at least 25%, unless this requirement is waived
    by the administrator, in accordance with adopted rules,
    for good cause shown. ;
        (c) Counties providing assistance consistent with the
    limitations in this Act may apply for reimbursement of up
    to 75% of their costs. ;
        (d) No more than 50% of funding available in any given
    fiscal year may be used for costs associated with any
    single county. ; and
        (d-5) Funds may also be requested by local law
    enforcement agencies and, notwithstanding subsection (a),
    used to establish local violent crime witness protection
    programs.
        (e) Before the Illinois Criminal Justice Information
    Authority distributes moneys from the Violent Gang Crime
    Witness Protection Program Fund as provided in this
    Section, it shall retain 5% 2% of those moneys for
    administrative purposes.
        (f) Direct reimbursement is allowed in whole or in
    part.
        (g) Implementation of the Violent Crime Witness
    Protection Program is contingent upon and subject to there
    being made sufficient appropriations for implementation of
    that program.
(Source: P.A. 98-58, eff. 7-8-13; 99-78, eff. 7-20-15.)
 
    (725 ILCS 173/20)
    Sec. 20. Violent Gang Crime Witness Protection Program
Fund. There is created in the State treasury Treasury the
Violent Gang Crime Witness Protection Program Fund into which
shall be deposited appropriated funds, grants, or other funds
made available to the Illinois Criminal Justice Information
Authority to assist State's Attorneys and the Attorney General
in protecting victims and witnesses who are aiding in the
prosecution of perpetrators of violent gang crime, and
appropriate related persons or victims and witnesses
determined by the Authority to be at risk of a discernible
threat of violent crime.
(Source: P.A. 98-58, eff. 7-8-13; 99-576, eff. 7-15-16.)
 
    (725 ILCS 173/25)
    Sec. 25. Beginning of operation. Subject to appropriation,
the The program created by this Act shall begin operation on
January 1, 2023 July 1, 2013.
(Source: P.A. 98-58, eff. 7-8-13.)
 
    Section 2-100. The State Finance Act is amended by
changing Section 5.833 as follows:
 
    (30 ILCS 105/5.833)
    Sec. 5.833. The Violent Gang Crime Witness Protection
Program Fund.
(Source: P.A. 98-58, eff. 7-8-13; 98-756, eff. 7-16-14.)
 
Article 99.

 
    Section 99-99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 5/10/2022