(20 ILCS 2605/2605‑30) (was 20 ILCS 2605/55a‑2)
Sec. 2605‑30.
Division of Operations (formerly State Troopers).
The
Division of Operations shall exercise the following
functions and those in Section 2605‑35:
(1) Cooperate with federal and State authorities |
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requesting utilization of the Department's radio network system under the Illinois Aeronautics Act.
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(2) Exercise the rights, powers, and duties of the
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State Police under the State Police Act.
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(3) Exercise the rights, powers, and duties vested
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by law in the Department by the State Police Radio Act.
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(4) Exercise the rights, powers, and duties of the
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Department vested by law in the Department and the Illinois State Police by the Illinois Vehicle Code.
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(5) Exercise other duties that have been or may be
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vested by law in the Illinois State Police.
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(6) Exercise other duties that may be assigned by
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the Director in order to fulfill the responsibilities and to achieve the purposes of the Department.
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(Source: P.A. 91‑239, eff. 1‑1‑00; 91‑760, eff. 1‑1‑01.)
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(20 ILCS 2605/2605‑35) (was 20 ILCS 2605/55a‑3)
Sec. 2605‑35. Division of Operations (formerly Criminal
Investigation).
(a) The Division of Operations shall exercise
the following functions and those in Section 2605‑30:
(1) Exercise the rights, powers, and duties vested
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by law in the Department by the Illinois Horse Racing Act of 1975.
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(2) Investigate the origins, activities, personnel,
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and incidents of crime and enforce the criminal laws of this State related thereto.
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(3) Enforce all laws regulating the production,
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sale, prescribing, manufacturing, administering, transporting, having in possession, dispensing, delivering, distributing, or use of controlled substances and cannabis.
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(4) Cooperate with the police of cities, villages,
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and incorporated towns and with the police officers of any county in enforcing the laws of the State and in making arrests and recovering property.
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(5) Apprehend and deliver up any person charged in
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this State or any other state with treason or a felony or other crime who has fled from justice and is found in this State.
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(6) Investigate recipients and providers under the
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Illinois Public Aid Code and any personnel involved in the administration of the Code who are suspected of any violation of the Code pertaining to fraud in the administration, receipt, or provision of assistance and pertaining to any violation of criminal law; and exercise the functions required under Section 2605‑220 in the conduct of those investigations.
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(7) Conduct other investigations as provided by law.
(8) Exercise the powers and perform the duties that
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have been vested in the Department by the Sex Offender Registration Act and the Sex Offender Community Notification Law; and promulgate reasonable rules and regulations necessitated thereby.
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(9) Exercise other duties that may be assigned by
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the Director in order to fulfill the responsibilities and achieve the purposes of the Department.
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(b) There is hereby established in the Division of Operations the Office of Coordination of Gang Prevention, hereafter
referred to as the Office.
The Office shall consult with units of local government and school
districts to assist them in gang control activities and to administer a
system of grants to units of local government and school districts that,
upon application, have demonstrated a workable plan to reduce gang activity
in their area. The grants shall not include reimbursement for personnel,
nor shall they exceed 75% of the total request by any applicant. The grants
may be calculated on a proportional basis, determined by funds available to the
Department for this purpose. The Department has the authority to promulgate
appropriate rules and regulations to administer this program.
The Office shall establish mobile units of trained personnel to
respond to gang activities.
The Office shall also consult with and use the services of religious
leaders and other celebrities to assist in gang control activities.
The Office may sponsor seminars, conferences, or any other educational
activity to assist communities in their gang crime control activities.
(Source: P.A. 94‑945, eff. 6‑27‑06.)
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(20 ILCS 2605/2605‑40) (was 20 ILCS 2605/55a‑4)
Sec. 2605‑40.
Division of Forensic Services.
The Division of
Forensic Services shall exercise the following functions:
(1) Exercise the rights, powers, and duties vested |
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by law in the Department by the Criminal Identification Act.
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(2) Exercise the rights, powers, and duties vested
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by law in the Department by Section 2605‑300 of this Law.
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(3) Provide assistance to local law enforcement
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agencies through training, management, and consultant services.
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(4) (Blank).
(5) Exercise other duties that may be assigned by
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the Director in order to fulfill the responsibilities and achieve the purposes of the Department.
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(6) Establish and operate a forensic science
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laboratory system, including a forensic toxicological laboratory service, for the purpose of testing specimens submitted by coroners and other law enforcement officers in their efforts to determine whether alcohol, drugs, or poisonous or other toxic substances have been involved in deaths, accidents, or illness. Forensic toxicological laboratories shall be established in Springfield, Chicago, and elsewhere in the State as needed.
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(7) Subject to specific appropriations made for
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these purposes, establish and coordinate a system for providing accurate and expedited forensic science and other investigative and laboratory services to local law enforcement agencies and local State's Attorneys in aid of the investigation and trial of capital cases.
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(Source: P.A. 90‑130, eff. 1‑1‑98; 91‑239, eff. 1‑1‑00; 91‑589, eff. 1‑1‑00;
91‑760, eff. 1‑1‑01.)
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(20 ILCS 2605/2605‑45) (was 20 ILCS 2605/55a‑5)
Sec. 2605‑45. Division of Administration. The Division of
Administration shall exercise the
following functions:
(1) Exercise the rights, powers, and duties vested
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in the Department by the Governor's Office of Management and Budget Act.
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(2) Pursue research and the publication of studies
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pertaining to local law enforcement activities.
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(3) Exercise the rights, powers, and duties vested
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in the Department by the Personnel Code.
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(4) Operate an electronic data processing and
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computer center for the storage and retrieval of data pertaining to criminal activity.
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(5) Exercise the rights, powers, and duties vested
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in the former Division of State Troopers by Section 17 of the State Police Act.
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(6) Exercise the rights, powers, and duties vested
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in the Department by "An Act relating to internal auditing in State government", approved August 11, 1967 (repealed; now the Fiscal Control and Internal Auditing Act, 30 ILCS 10/).
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(6.5) Exercise the rights, powers, and duties vested
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in the Department by the Firearm Owners Identification Card Act.
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(7) Exercise other duties that may be assigned by
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the Director to fulfill the responsibilities and achieve the purposes of the Department.
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(Source: P.A. 94‑793, eff. 5‑19‑06.)
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(20 ILCS 2605/2605‑200) (was 20 ILCS 2605/55a in part)
Sec. 2605‑200.
Investigations of crime; enforcement of laws.
(a) To do the following:
(1) Investigate the origins, activities, personnel, |
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and incidents of crime and the ways and means to redress the victims of crimes; study the impact, if any, of legislation relative to the effusion of crime and growing crime rates; and enforce the criminal laws of this State related thereto.
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(2) Enforce all laws regulating the production,
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sale, prescribing, manufacturing, administering, transporting, having in possession, dispensing, delivering, distributing, or use of controlled substances and cannabis.
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(3) Employ skilled experts, scientists, technicians,
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investigators, or otherwise specially qualified persons to aid in preventing or detecting crime, apprehending criminals, or preparing and presenting evidence of violations of the criminal laws of the State.
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(4) Cooperate with the police of cities, villages,
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and incorporated towns and with the police officers of any county in enforcing the laws of the State and in making arrests and recovering property.
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(5) Apprehend and deliver up any person charged in
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this State or any other state of the United States with treason or a felony or other crime who has fled from justice and is found in this State.
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(6) Conduct other investigations as
provided by law.
(b) Persons exercising the powers set forth in
subsection (a) within the Department
are conservators of the peace and as such have all the powers possessed
by policemen in cities and sheriffs, except that they may exercise those
powers anywhere in the State in cooperation with and after contact with
the local law enforcement officials. Those persons may use false
or
fictitious names in the performance of their duties under this Section,
upon approval of the Director, and shall not be subject to prosecution
under the criminal laws for that use.
(Source: P.A. 90‑18, eff. 7‑1‑97; 90‑130, eff. 1‑1‑98;
90‑372, eff. 7‑1‑98;
90‑590, eff. 1‑1‑00; 90‑655, eff. 7‑30‑98; 90‑793, eff. 8‑14‑98;
91‑239, eff. 1‑1‑00.)
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(20 ILCS 2605/2605‑300) (was 20 ILCS 2605/55a in part)
Sec. 2605‑300.
Records; crime laboratories; personnel.
To do
the
following:
(1) Be a central repository and custodian of |
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criminal statistics for the State.
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(2) Be a central repository for criminal history
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(3) Procure and file for record information that is
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necessary and helpful to plan programs of crime prevention, law enforcement, and criminal justice.
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(4) Procure and file for record copies of
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fingerprints that may be required by law.
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(5) Establish general and field
crime laboratories.
(6) Register and file for record information that
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may be required by law for the issuance of firearm owner's identification cards.
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(7) Employ polygraph operators, laboratory
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technicians, and other specially qualified persons to aid in the identification of criminal activity.
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(8) Undertake other identification, information,
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laboratory, statistical, or registration activities that may be required by law.
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(Source: P.A. 90‑18, eff. 7‑1‑97; 90‑130, eff. 1‑1‑98;
90‑372, eff. 7‑1‑98;
90‑590, eff. 1‑1‑00; 90‑655, eff. 7‑30‑98; 90‑793, eff. 8‑14‑98;
91‑239, eff. 1‑1‑00.)
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(20 ILCS 2605/2605‑302) (was 20 ILCS 2605/55a in part)
Sec. 2605‑302.
Arrest reports.
(a) When an individual is arrested, the
following information must be made available to the news media for inspection
and copying:
(1) Information that identifies the individual, |
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including the name, age, address, and photograph, when and if available.
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(2) Information detailing any charges relating to
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(3) The time and location of the arrest.
(4) The name of the investigating or arresting law
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(5) If the individual is incarcerated, the amount of
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(6) If the individual is incarcerated, the time and
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date that the individual was received, discharged, or transferred from the arresting agency's custody.
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(b) The information required by this Section must be made available to the
news media for inspection and copying as soon as practicable, but in no event
shall the time period exceed 72 hours from the arrest. The information
described in items (3), (4), (5), and (6) of subsection (a),
however, may be withheld if it is determined that disclosure would (i)
interfere with pending or actually and reasonably contemplated law enforcement
proceedings conducted by any law enforcement or correctional agency; (ii)
endanger the life or physical safety of law enforcement or correctional
personnel or any other person; or (iii) compromise the security of any
correctional facility.
(c) For the purposes of this Section, the term "news media" means personnel
of a newspaper or other periodical issued at regular intervals whether in print
or electronic format, a news service whether in print or electronic format, a
radio station, a television station, a television network, a community antenna
television service, or a person or corporation engaged in making news reels or
other motion picture news for public showing.
(d) Each law enforcement or correctional agency may charge fees
for arrest records, but in no instance may the fee exceed the actual cost of
copying and reproduction. The fees may not include the cost of the labor used
to reproduce the arrest record.
(e) The provisions of this Section do not supersede the confidentiality
provisions for arrest records of the Juvenile Court Act of 1987.
(Source: P.A. 91‑309, eff. 7‑29‑99; 92‑16, eff. 6‑28‑01; incorporates 92‑335,
eff. 8‑10‑01; 92‑651, eff. 7‑11‑02.)
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(20 ILCS 2605/2605‑305) (was 20 ILCS 2605/55a in part)
Sec. 2605‑305.
Statewide Organized Criminal Gang Database (SWORD).
The Department may establish and maintain, within
the Department, a Statewide Organized Criminal Gang
Database
(SWORD) for the purpose of tracking organized criminal gangs and their
memberships. Information in the database may include, but not be limited to,
the name, last known address, birth date, physical descriptions (such as scars,
marks, or tattoos), officer safety information, organized gang affiliation, and
entering agency identifier. The Department may develop, in consultation with
the Criminal Justice Information Authority, and in a form and manner prescribed
by the Department, an automated data exchange system to compile, to maintain,
and to make this information electronically available to prosecutors and to
other law enforcement agencies. The information may be used by authorized
agencies to combat the operations of organized criminal gangs statewide.
(Source: P.A. 90‑18, eff. 7‑1‑97; 90‑130, eff. 1‑1‑98;
90‑372, eff. 7‑1‑98;
90‑590, eff. 1‑1‑00; 90‑655, eff. 7‑30‑98; 90‑793, eff. 8‑14‑98;
91‑239, eff. 1‑1‑00.)
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(20 ILCS 2605/2605‑360) (was 20 ILCS 2605/55a in part)
Sec. 2605‑360.
Rules for confidentiality of juvenile records.
To
develop rules that guarantee the confidentiality of the
individually identifiable juvenile records described in
Section 2605‑355
except to juvenile authorities who
request information concerning the minor and who certify in writing that the
information will not be disclosed to any other party except as provided under
law or order of court. For purposes of this Section, "juvenile authorities"
means:
(1) A judge of the circuit court and members of the |
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staff of the court designated by the judge.
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(2) Parties to the proceedings under the Juvenile
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Court Act of 1987 and their attorneys.
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(3) Probation officers and court appointed advocates
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for the juvenile authorized by the judge hearing the case.
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(4) Any individual or public or private agency
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having custody of the child pursuant to court order.
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(5) Any individual or public or private agency
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providing education, medical, or mental health services to the child when the requested information is needed to determine the appropriate service or treatment for the minor.
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(6) Any potential placement provider when the
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release is authorized by the court for the limited purpose of determining the appropriateness of the potential placement.
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(7) Law
enforcement officers and prosecutors.
(8) Adult and juvenile prisoner review
boards.
(9) Authorized military personnel.
(10) Individuals authorized by
court.
(11) The Illinois General Assembly or any committee
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or commission of the General Assembly.
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(Source: P.A. 90‑18, eff. 7‑1‑97; 90‑130, eff. 1‑1‑98;
90‑372, eff. 7‑1‑98;
90‑590, eff. 1‑1‑00; 90‑655, eff. 7‑30‑98; 90‑793, eff. 8‑14‑98;
91‑239, eff. 1‑1‑00.)
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(20 ILCS 2605/2605‑375) (was 20 ILCS 2605/55a in part)
Sec. 2605‑375. Missing persons; Law Enforcement Agencies Data System
(LEADS).
(a) To establish and maintain a statewide Law Enforcement
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 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 Department in
this effort, funds may be appropriated from the LEADS Maintenance Fund.
(b) In exercising its duties under this Section, the
Department shall do the following:
(1) Provide a uniform reporting format for the entry
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of pertinent information regarding the report of a missing person into LEADS. The report must include all of the following:
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(A) Relevant information obtained from the
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notification concerning the missing person, including all of the following:
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(i) a physical description of the missing
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(ii) the date, time, and place that the
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missing person was last seen; and
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(iii) the missing person's address.
(B) Information gathered by a preliminary
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investigation, if one was made.
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(C) A statement by the law enforcement officer in
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charge stating the officer's assessment of the case based on the evidence and information received.
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The Department of State Police shall prepare the
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report required by this paragraph (1) as soon as practical, but not later than 5 hours after the Department receives notification of a missing person.
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(2) Develop and implement a policy whereby a
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statewide or regional alert would be used in situations relating to 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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(3) Notify all law enforcement agencies that reports
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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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(4) Compile and retain information regarding lost,
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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 shall include the disposition of all reported lost, abducted, missing, or runaway minor cases.
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(5) Compile and maintain an historic data repository
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relating to lost, abducted, missing, or runaway minors and other missing persons, including, but not limited to, missing endangered seniors, in order to develop and improve techniques utilized by law enforcement agencies when responding to reports of missing persons.
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(6) Create a quality control program regarding
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confirmation of missing person data, timeliness of entries of missing person reports into LEADS, and performance audits of all entering agencies.
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(7) Upon completion of the report required by
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paragraph (1), the Department of State Police shall immediately forward the contents of the report to all of the following:
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(A) all law enforcement agencies that have
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jurisdiction in the location where the missing person lives and all law enforcement agencies that have jurisdiction in the location where the missing person was last seen;
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(B) all law enforcement agencies to which the
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person who made the notification concerning the missing person requests the report be sent, if the Department determines that the request is reasonable in light of the information received;
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(C) all law enforcement agencies that request a
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(D) the National Crime Information Center's
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Missing Person File, if appropriate.
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(8) The Department of State Police shall begin an
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investigation concerning the missing person not later than 24 hours after receiving notification of a missing person.
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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 statewide coordinated missing endangered senior alert system established under this Section.
(Source: P.A. 94‑145, eff. 1‑1‑06.)
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(20 ILCS 2605/2605‑380) (was 20 ILCS 2605/55a‑8)
Sec. 2605‑380.
Dental records.
The Department shall do the following:
(1) Coordinate State participation in a national |
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central repository for dental records of missing persons and unidentified dead bodies.
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(2) Receive and file dental records submitted by
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county medical examiners and coroners from unidentified dead bodies and submitted by law enforcement agencies from persons reported missing for more than 30 days.
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(3) Provide information from the file on possible
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identifications resulting from the comparison of dental records submitted with those records on file, to county medical examiners, coroners, and law enforcement agencies.
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(4) Expunge the dental records of those missing
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persons who are found, and expunge from the file the dental records of missing persons who are positively identified as a result of comparisons made with this file or the files maintained by other states, territories, insular possessions of the United States, or the United States.
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(Source: P.A. 91‑239, eff. 1‑1‑00; 91‑760, eff. 1‑1‑01.)
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(20 ILCS 2605/2605‑400) (was 20 ILCS 2605/55a in part)
Sec. 2605‑400.
Fees; State Police Services Fund; audit.
(a) To charge, collect, and receive fees or moneys equivalent to the
cost
of providing Department personnel, equipment, and services
to local governmental agencies when explicitly requested by a local
governmental agency and pursuant to an intergovernmental agreement as provided
by this Law, other State agencies, and federal
agencies, including but not limited to fees or moneys equivalent to
the cost of
providing dispatching services, radio and radar repair, and training to
local governmental agencies on terms and conditions that in the judgment of the Director are in the best interest of the State;
and to establish, charge, collect, and receive fees or moneys based on the
cost of providing responses to requests for criminal history record
information pursuant to positive identification and any Illinois or federal
law authorizing access to some aspect of that information and to
prescribe
the form and manner for requesting and furnishing the information
to the
requestor on terms and conditions that in the judgment of
the Director
are in the best interest of the State, provided fees for
requesting and furnishing criminal history record information may be waived
for requests in the due administration of the criminal laws. The Department
may also charge, collect, and receive fees or moneys equivalent to the cost
of
providing electronic data processing lines or related telecommunication
services to local governments, but only when those services can be
provided
by the Department at a cost less than that experienced by those
local
governments through other means. All services provided by the Department
shall be conducted pursuant to contracts in accordance with the
Intergovernmental Cooperation Act, and all telecommunication services
shall be provided pursuant to the provisions of Section 405‑270
of
the Department of Central Management Services Law (20 ILCS 405/405‑270).
(b) All fees received by the Department under the
Civil Administrative Code of Illinois
or the Illinois Uniform Conviction Information Act shall be deposited in a
special fund in the State treasury to be known as the State Police Services
Fund. The money deposited in the State Police Services Fund shall be
appropriated to the Department for expenses of the
Department.
(c) Upon the completion of any audit of the Department as
prescribed by the Illinois State Auditing Act, which audit includes an
audit of the State Police Services Fund, the Department shall make the audit open to inspection by any interested person.
(Source: P.A. 90‑18, eff. 7‑1‑97; 90‑130, eff. 1‑1‑98;
90‑372, eff. 7‑1‑98;
90‑590, eff. 1‑1‑00; 90‑655, eff. 7‑30‑98; 90‑793, eff. 8‑14‑98;
91‑239, eff. 1‑1‑00.)
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(20 ILCS 2605/2605‑420) (was 20 ILCS 2605/55a in part)
Sec. 2605‑420.
Assisting victims and witnesses of gang crime.
To
assist victims and witnesses in gang crime prosecutions
through the administration of funds appropriated from the Gang Violence
Victims and Witnesses Fund to the Department. Those funds shall
be
appropriated to the Department and shall only be used to assist victims and
witnesses in gang crime prosecutions. The assistance may
include any of
the following:
(1) Temporary living costs.
(2) Moving expenses.
(3) Closing costs on the sale of a private
residence.
(4) First month's rent.
(5) Security deposits.
(6) Apartment location assistance.
(7) Other expenses that the Department considers |
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(8) Compensation for any loss of or injury to real
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or personal property resulting from a gang crime to a maximum of $5,000, subject to the following provisions:
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(A) In the case of loss of property, the amount
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of compensation shall be measured by the replacement cost of similar or like property that has been incurred by and that is substantiated by the property owner.
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(B) In the case of injury to property, the
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amount of compensation shall be measured by the cost of repair incurred and that can be substantiated by the property owner.
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(C) Compensation under this provision is a
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secondary source of compensation and shall be reduced by any amount the property owner receives from any other source as compensation for the loss or injury, including, but not limited to, personal insurance coverage.
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(D) No compensation may be awarded if the
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property owner was an offender or an accomplice of the offender or if the award would unjustly benefit the offender or offenders or an accomplice of the offender or offenders.
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No victim or witness may receive assistance under this Section
if he or she is not a
part of or fails to fully cooperate in the prosecution of gang crime
members by law enforcement authorities.
The Department shall promulgate any rules necessary for the
implementation of this amendatory Act of 1985.
(Source: P.A. 90‑18, eff. 7‑1‑97; 90‑130, eff. 1‑1‑98;
90‑372, eff. 7‑1‑98;
90‑590, eff. 1‑1‑00; 90‑655, eff. 7‑30‑98; 90‑793, eff. 8‑14‑98;
91‑239, eff. 1‑1‑00.)
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(20 ILCS 2605/2605‑435) (was 20 ILCS 2605/55a in part)
Sec. 2605‑435.
Electronic criminal surveillance; assistance to local
authorities. To do the following:
(1) Promulgate rules pertaining to the |
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certification, revocation of certification, and training of law enforcement officers as electronic criminal surveillance officers.
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(2) Provide training and technical assistance to
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State's Attorneys and local law enforcement agencies pertaining to the interception of private oral communications.
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(3) Promulgate rules necessary for the
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administration of Article 108B of the Code of Criminal Procedure of 1963, including but not limited to standards for recording and minimization of electronic criminal surveillance intercepts, documentation required to be maintained during an intercept, and procedures in relation to evidence developed by an intercept.
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(4) Charge a reasonable fee to each law enforcement
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agency that sends officers to receive training as electronic criminal surveillance officers.
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(Source: P.A. 90‑18, eff. 7‑1‑97; 90‑130, eff. 1‑1‑98;
90‑372, eff. 7‑1‑98;
90‑590, eff. 1‑1‑00; 90‑655, eff. 7‑30‑98; 90‑793, eff. 8‑14‑98;
91‑239, eff. 1‑1‑00.)
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(20 ILCS 2605/2605‑500) (was 20 ILCS 2605/55a in part)
Sec. 2605‑500.
Communication activities.
To do the following:
(1) Acquire and operate one or more radio |
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broadcasting stations in the State to be used for police purposes.
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(2) Operate a statewide communications network to
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gather and disseminate information for law enforcement agencies.
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(3) Operate an electronic data processing and
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computer center for the storage and retrieval of data pertaining to criminal activity.
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(4) Undertake other communication activities that
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(Source: P.A. 90‑18, eff. 7‑1‑97; 90‑130, eff. 1‑1‑98;
90‑372, eff. 7‑1‑98;
90‑590, eff. 1‑1‑00; 90‑655, eff. 7‑30‑98; 90‑793, eff. 8‑14‑98;
91‑239, eff. 1‑1‑00.)
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