50 ILCS 705/8.4 — Illinois Code / Chapter 50 / Act 705 / Section 8.4
Section 8.4
Status: in_force

(50 ILCS 705/8.4) Sec. 8.4. Law enforcement compliance verification. (a)(1) Unless on inactive status under subsection (b) of Section 8.1 or subsection (b) of Section 8.2, every law enforcement officer subject to this Act shall submit a verification form that confirms compliance with this Act. The verification shall apply to the 3 calendar years preceding the date of verification. Law enforcement officers shall submit the officer's first report by January 30 during the initial three-year reporting period, as determined on the basis of the law enforcement officer's last name under paragraph (2) of this subsection then every third year of the officer's applicable three-year report period as determined by the Board. At the conclusion of each law enforcement officer's applicable reporting period, the chief administrative officer of the officer's law enforcement agency is to determine the compliance of each officer under this Section. An officer may verify their successful completion of training requirements with their law enforcement agency. Each law enforcement officer is responsible for reporting and demonstrating compliance to the officer's chief administrative officer. (2) The applicable three-year reporting period shall begin on January 30, 2023 for law enforcement officers whose last names being with the letters A through G, on January 30, 2024 for law enforcement officers whose last names being with the letters H through O, and January 30, 2025 for law enforcement officers whose last names being with the letters P through Z. (3) The compliance verification form shall be in a form and manner prescribed by the Board and, at a minimum, include the following: (i) verification that the law enforcement officer has completed the mandatory training programs in the preceding 3 years; (ii) the law enforcement officer's current employment information, including but not limited to, the termination of any previous law enforcement or security employment in the relevant time period; and (iii) a statement verifying that the officer has not committed misconduct under Section 6.1. (b) (1) On October 1 of each year, the Board shall send notice to all certified law enforcement officers, unless exempted in (a), of the upcoming deadline to submit the compliance verification form. No later than March 1 of each year, the Board shall send notice to all certified law enforcement officers who have failed to submit the compliance verification form, as well as the officer's law enforcement agencies. The Board shall not send a notice of noncompliance to law enforcement officers whom the Board knows, based on the status of the law enforcement officer's certification status, are inactive or retired. The Board may accept compliance verification forms until April 1 of the year in which a law enforcement officer is required to submit the form. (2) No earlier than April 1 of the year in which a law enforcement officer is required to submit a verification form, the Board may determine a law enforcement officer's certification to be inactive if the law enforcement officer failed to either: (1) submit a compliance verification in accordance with this Section; or (2) report an exemption from the requirements of this Section. The Board shall then send notice, by mail or email, to any such law enforcement officer and the officer's law enforcement agency that the officer's certificate will be deemed inactive on the date specified in the notice, which shall be no sooner than 21 days from the date of the notice, because of the officer's failure to comply or report compliance, or failure to report an exemption. The Board shall deem inactive the certificate of such law enforcement officers on the date specified in the notice unless the Board determines before that date that the law enforcement officer has complied. A determination that a certificate is inactive under this section is not a disciplinary sanction. (3) A law enforcement officer who was on inactive status shall, upon return to active status, be required to complete the deferred training programs within 1 year. (4) The Board may waive the reporting requirements, as required in this section, if the law enforcement officer or the officer's law enforcement agency demonstrates the existence of mitigating circumstances justifying the law enforcement officer's failure to obtain the training requirements due to failure of the officer's law enforcement agency or the Board to offer the training requirement during the officer's required compliance verification period. If the Board finds that the law enforcement officer can meet the training requirements with extended time, the Board may allow the law enforcement officer a maximum of six additional months to complete the requirements. (5) A request for a training waiver under this subsection due to the mitigating circumstance shall be in writing, accompanied by verifying documentation, and shall be submitted to the Board not less than 30 days before the end of the law enforcement officer's required compliance verification period. (6) A law enforcement officer whose request for waiver under this subsection is denied, is entitled to a request for a review by the Board. The law enforcement officer or the officer's law enforcement agency must request a review within 20 days after the waiver being denied. The burden of proof shall be on the law enforcement officer to show why the officer is entitled to a waiver. (c) Recordkeeping and audits. (1) For four years after the end of each reporting period, each certified law