reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 2603 - COUNTY SHELTER CARE STANDARDS › Section 2603.60 - Release Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Introduction
1) The legal authority for
			 release is the court.
2) The
			 release of youth should be an orderly process. Shelter care staff must be
			 familiar with documentation required before a child is permitted to leave a
			 shelter care facility, whether for a temporary period or final
			 release.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 2603 - COUNTY SHELTER CARE STANDARDS › Section 2603.70 - Separation of Youth

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Introduction
Separation procedures should be monitored periodically to
				ensure adherence.
b) Minimum
			 Standards
1) Separation by Sex
Female children shall be sheltered separate from physical and
				visual contact with male children during periods of sleeping, toileting, and
				bathing. Otherwise, coeducational activities are encouraged.
2) Separation by Category
A) Suicide Risk. When it is determined a
			 youth is a suicide risk or demonstrates other serious mental distress, the
			 child shall be immediately referred to professional clinical services, e.g.,
			 psychiatrist or psychologist.
B)
			 Drug Abusers. Alcohol, narcotic or other drug abusers undergoing withdrawal
			 shall be placed in a hospital where they can be constantly supervised by
			 trained medical personnel and shall remain under supervision during that
			 period.
C) Separation by Age.
			 Children nine to 13 years of age shall be provided sleeping accommodations
			 separate from the 13 to 18 year olds.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 2603 - COUNTY SHELTER CARE STANDARDS › Section 2603.80 - Housing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Introduction
When shelter care admission procedures are completed, children
				must be assigned appropriate quarters. Every child has a right to live in a
				homelike atmosphere where individual needs can be met.
b) Minimum Standards
1) Sleeping Rooms
A maximum of four children shall be assigned to any multiple
				occupancy sleeping room.
A) A minimum
			 of 60 square feet of floor space per bed shall be provided in multiple
			 occupancy rooms. Beds shall be at least three feet apart.
B) Bunk-type beds are prohibited.
C) Single occupancy rooms must have at least
			 60 square feet of floor space.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 2603 - COUNTY SHELTER CARE STANDARDS › Section 2603.90 - Medical and Health Care

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Introduction
Health services should reflect the desire of the community to
				provide health care equivalent to that accorded its citizens. The facility
				should ensure that a comprehensive program of medical and health care
				appropriate for children is planned and implemented.
b) Minimum Standards
1) Medical and Health Services
All facilities shall provide a competent medical authority to
				ensure the following medical services are available:
A) Diagnosis of complaints.
B) Treatment of ailments.
C) Prescription of medications and special
			 diets.
D) Arrangements for
			 hospitalization.
E) Liaison with
			 community medical facilities and resources.
F) Environmental health inspections and
			 procedures.
G) Supervision of
			 special treatment programs, as for alcohol and other drug dependent
			 children.
H) Administration of
			 medications.
I) Maintenance of
			 accurate medical records.
J)
			 Maintenance of detailed records of medical supplies, particularly of narcotics,
			 barbiturates, amphetamines, and other dangerous drugs.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 2603 - COUNTY SHELTER CARE STANDARDS › Section 2603.100 - Clothing, Personal Hygiene, Grooming

Current through Register Vol. 48, No. 28, July 12, 2024
a) Introduction
Good personal grooming habits should be considered part of the
				shelter care program in an effort to enhance morale, self-respect, and
				health.
b) Minimum Standards
1) Cleanliness
Mechanical washing and drying equipment and cleaning agents
				must be provided for children's clothing. Cleaning of children's clothing may
				be contracted.
A) A staff member shall
			 supervise and instruct children in the operation of machines and proper use of
			 cleaning aids during the clothes washing process.
B) Outer clothing shall be changed at least
			 three times weekly.
C)
			 Underclothing and socks shall be changed daily.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 2603 - COUNTY SHELTER CARE STANDARDS › Section 2603.110 - Food Service

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Introduction
Growing children need three full meals per day, served at
				reasonable intervals, and adequate in quantity and nutritional value. Careful
				planning of menus and competent supervision in food preparation are
				required.
b) Minimum
			 Standards
1) Meal and Food Service
Shelter care facilities shall provide meals and food service
				that conform to the following:
A) Food
			 must be of sufficient nutritional value and provide a daily minimum of
			 2,500-3,000 calories. Food shall not be used as a reward or withheld as a
			 disciplinary measure.
B) Food
			 quantity must be sufficient to satisfy, within reason, a child's
			 needs.
C) Meals shall be provided
			 at reasonable and proper intervals, i.e., adhering to recognized breakfast,
			 lunch, and dinner schedules.
D)
			 Three complete and balanced meals shall be served each child for each 24 hours
			 of shelter care.
E) A beverage, in
			 addition to water, shall be available with each meal and milk shall be
			 available for at least two meals during each 24 hours of shelter
			 care.
F) Special diets shall be
			 adhered to when prescribed by a physician. The original diet order shall be
			 filed in the child's case folder and a copy shall be sent to dietary
			 personnel.
G) Menu items shall be
			 substituted when a child's religious beliefs prohibit the eating of particular
			 foods.
H) Nutritional planning
			 shall take into consideration the dietary needs of youth who are
			 hyperactive.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 2603 - COUNTY SHELTER CARE STANDARDS › Section 2603.120 - Sanitation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Introduction
Good sanitation practices must be a prime consideration.
				Children, in varying stages of adolescence, exhibit individual differences with
				respect to their personal habits. The facility must be maintained in a clean
				and orderly condition.
b)
			 Minimum Standards
1) General Requirements
A cleaning schedule shall be established.
A) Floors shall be cleaned at least once
			 daily.
B) Windows shall be
			 clean.
C) Insect screens shall be
			 installed in windows, when appropriate, for protection from flying insects.
			 Exterior doors shall be equipped with a screen door.
D) Ventilation must be sufficient to admit
			 fresh air and remove disagreeable odors.
E) Forced air or other form of artificial
			 ventilation in the living area shall provide 10 cubic feet per minute of air
			 exchange per person.
F) Walls shall
			 be kept clear of graffiti.
G)
			 Walkways and corridors shall be free of litter and trash.
H) Mops and other cleaning tools and
			 implements shall be thoroughly cleaned and dried after each use and stored in a
			 well ventilated place.
I) All
			 cleaning details shall be under the supervision of a staff member.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 2603 - COUNTY SHELTER CARE STANDARDS › Section 2603.130 - Supervision

Current through Register Vol. 48, No. 28, July 12, 2024
a) Introduction
The primary objective of any shelter care facility is to
				provide a safe and humane abode for children. Trained personnel must, at all
				times, ensure the well-being and safety of children placed under their
				care.
b) Minimum Standards
1) Shift Coverage
There must be sufficient staff members present in the shelter
				care facility, awake and alert at all times, to provide supervision while
				children are sheltered.
A) A shelter
			 care facility shall not have fewer than two persons on duty and one on call.
			 Two staff persons of the same sex as the children may be on duty and one of the
			 opposite sex on call when only male or only female children are sheltered,
			 e.g., when there are no female children sheltered, a female staff member must
			 be on immediate call and when there are no male children sheltered, a male
			 staff member must be on immediate call.
B) Staff members shall maintain a record, in
			 ink, of visual contact with each child not less than once every 60 minutes.
			 Entries shall show the time of each check by the staff member, signature, and
			 any relevant remarks.
C) Staff
			 shall keep a constant record of the whereabouts of all children, e.g., school,
			 church, recreation.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 2603 - COUNTY SHELTER CARE STANDARDS › Section 2603.140 - Safety

Current through Register Vol. 48, No. 28, July 12, 2024
a) Introduction
Several agencies or departments, local and state, are empowered
				to ensure compliance with safety standards which have been established by
				law.
b) Minimum Standards
1) Fire Protection
A) Based on the size of the facility, there
			 shall be at least one fire extinguisher installed in the basement and on each
			 floor for each 5,000 square feet of floor space.
B) Extinguishers shall be readily
			 accessible.
C) Extinguishers shall
			 be examined not less than once each year and tagged with the date of inspection
			 and initials of the inspector.
D)
			 An automatic fire alarm system, including smoke detectors, shall be
			 installed.
E) All staff members
			 shall be familiar with the characteristics and operation of all types of
			 extinguishers, fire hoses, etc., in the facility.
F) Emergency evacuation drills shall be
			 conducted at least monthly and a record maintained.
G) The local fire department or nearest fire
			 prevention authority shall be contacted regarding the location, type, and
			 number of fire extinguishers, smoke detectors, and fire alarm system.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 2603 - COUNTY SHELTER CARE STANDARDS › Section 2603.150 - Discipline

Current through Register Vol. 48, No. 28, July 12, 2024
a) Introduction
1) Discipline should be administered in such
			 a way as to help the individual child develop his own self-controls and to
			 assume responsibility for his own acts.
2) The institution should establish simple
			 and understandable house rules, for both children and staff, that set the
			 limits of behavior required for the protection of the group and individuals
			 within the group.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 2603 - COUNTY SHELTER CARE STANDARDS › Section 2603.160 - Employment of Children

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Introduction
Active and inquisitive children need to have their time
				occupied. Idleness contributes to disciplinary problems and to the
				deterioration of programs. Children need training in establishing good work
				habits.
b) Minimum Standards
1) Work Assignments
Children shall be required to perform general housekeeping
				tasks and yard work that is considered normal in a family setting.
A) Work assignments shall not be used as a
			 form of discipline.
B) Assignments
			 shall be made according to the ages and abilities of children.
C) Assignments shall not interfere with
			 regular school programs, study periods, recreation or sleep.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 2603 - COUNTY SHELTER CARE STANDARDS › Section 2603.180 - Telephone

Current through Register Vol. 48, No. 28, July 12, 2024
a) Introduction
Use of the telephone to talk with family members, friends, and
				concerned persons aids the child in maintaining a personal touch with family
				functions and tends to reinforce family ties.
b) Minimum Standards
1) Telephone Communication
Each child shall be given an opportunity to make a reasonable
				number of telephone calls upon admittance.
2) Telephone Program
A scheduled program to permit each child to place at least one
				call daily to parents, guardians or friends shall be established. Calls to an
				attorney, probation officer or social worker shall not count against allotted
				calls, but they must be at reasonable hours. The shelter care facility is not
				required to provide funds for toll calls.
A) At least 15 minutes shall be allotted for
			 each personal phone call.
B)
			 Telephone calls shall not be monitored or otherwise listened to by staff
			 members in any manner; however, verification of the party called may be
			 required.
3) Incoming
			 Telephone Calls
Children shall be allowed to receive telephone calls daily from
				parents or guardians, clergy, and friends, provided they are at reasonable
				hours. Attorney, probation officer, and social worker calls shall not be
				limited in number. At least 15 minutes shall be allowed for each incoming
				personal call.
4) Violation
			 of Telephone Rules
Violation of shelter care rules governing the telephone program
				may result in suspension of telephone usage for personal calls for a designated
				period of time for the individual; however, telephone calls to an attorney or
				court personnel shall never be denied.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 2603 - COUNTY SHELTER CARE STANDARDS › Section 2603.190 - Visiting

Current through Register Vol. 48, No. 28, July 12, 2024
a) Introduction
Frequent visits provide a direct and valuable link of
				communication between the child, his family, friends, and concerned persons.
				The assurance of family ties is reinforced and relieves the feeling of
				insecurity.
b) Minimum
			 Standards
1) Visit Regulations
The superintendent shall establish written procedures for
				visits.
A) A liberal schedule shall be
			 established permitting visits at least nightly between the end of the evening
			 meal and bedtime, and all day on Saturday, Sunday, and holidays.
B) No restriction shall be placed on visits
			 by attorneys, clergy, social workers or other persons professionally associated
			 with a child's case at reasonable, nonscheduled hours.
C) Children shall be permitted at least one
			 hour for each visit.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 2603 - COUNTY SHELTER CARE STANDARDS › Section 2603.200 - Social Service Programs

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Introduction
Many social and welfare agencies, service clubs, citizen
				interest groups, self-help groups, and individual citizen volunteers have the
				potential to assist youth and should be invited to participate in facility
				programs. These various resources, which may be public or private, national or
				local, can provide assistance ranging from providing materials and financial
				assistance to guidance, counseling, and supportive services in the wide array
				of youth interests.
b)
			 Minimum Standards
1) Counseling
Psychiatric, social services, and counseling services shall be
				provided, as needed, in individual cases.
2) Use of Volunteers
Volunteer workers and social workers offering needed services
				shall be invited to participate in shelter care programs.
A) The selection of volunteers must be
			 accomplished with the same degree of care that is used in choosing staff
			 members. (See Section
			 2603.30(b)(2).)
B) Prior to providing services, all non-staff
			 volunteers shall be given an orientation governing the policies and procedures
			 of the shelter care facility.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 2603 - COUNTY SHELTER CARE STANDARDS › Section 2603.210 - Education

Current through Register Vol. 48, No. 28, July 12, 2024
a) Introduction
1) Education is a basic need and an inherent
			 right of every child. Handicapped children must be afforded the same quality of
			 education as other children.
2) A
			 program of instruction, based on a sound philosophy of education, is essential
			 to furnish structure to an important element of a youth's day through the use
			 of guided activity with academic and/or vocational value.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 2603 - COUNTY SHELTER CARE STANDARDS › Section 2603.220 - Religious Services

Current through Register Vol. 48, No. 28, July 12, 2024
Minimum Standards
a)
			 Religious Services
Children shall be afforded an opportunity to participate in
				religious services of their faith in their community church and receive
				religious counseling.
1) Children shall
			 be permitted to participate in church services as individuals rather than as a
			 regimented group.
2) The facility
			 shall arrange for transportation to and from church, where required.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 2603 - COUNTY SHELTER CARE STANDARDS › Section 2603.230 - Recreation and Leisure Time

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Introduction
1) Recreation activities play a
			 major role in the development of children. Recreation should enhance
			 sportsmanship, coordination, and peer acceptance.
2) Recreation should be heavily programmed
			 for after school hours, weekends, and holidays.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 2603 - COUNTY SHELTER CARE STANDARDS › Section 2603.240 - New Design and Construction

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Introduction
1) Planning of a new shelter
			 care facility is a highly ordered process. Since the facility will remain to
			 serve the community for many years, it is vitally important that planning be
			 thorough.
2) The Department will
			 assist architects in planning such facilities through consultation and the
			 review of preliminary and final drawings submitted to the Department for
			 examination.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 2900 - CONCEALED CARRY LICENSING REVIEW › Section 2900.100 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The following definitions apply to this Subpart.
"Act" means the Firearms Concealed Carry Act [430 ILCS 66
				].
"CCLRB" or "Concealed Carry Licensing Review Board" means the
				Board created under Section 20 of the Act to review objections filed by the
				Department or another law enforcement agency to the licensure of an FCCL
				applicant and to make a determination of whether licensure of that applicant
				would pose a danger to the applicant or others, or constitute a threat to the
				public safety. The Board is comprised of 7 members appointed by the
				Governor.
"CCLRB Staff" means personnel of the Department assigned to
				provide staff support to the CCLRB.
"Chairperson" means the person assigned by the Governor to
				serve as the Chairperson of the Board and any Acting Chairperson appointed by
				the Chairperson, or, if the Chairperson is unable to select this substitute, by
				the majority vote of the remaining commissioners, to serve in the absence of
				the Chairperson for individual periods of up to 30 days.
"Commissioner" means any person appointed by the Governor to
				serve as a member of the CCLRB.
"Department" means the Illinois Department of State
				Police.
"Executive Director" means the individual appointed to
				supervise the CCLRB staff.
"License" means Firearms Concealed Carry License issued
				pursuant to the Act.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 2900 - CONCEALED CARRY LICENSING REVIEW › Section 2900.110 - Meetings of the CCLRB

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Meetings shall be called at the request of the Chairperson, as often as
			 reasonably necessary to satisfy the CCLRB's obligations under the Act. Whenever
			 practicable, the Chairperson shall give commissioners a minimum of 5 calendar
			 days' advance notice prior to the date of a meeting.
b) The Chairperson shall preside over all
			 meetings.
c) A quorum of the CCLRB
			 shall be 4 members. If a quorum is in in attendance at a meeting, other
			 Commissioners may attend telephonically or electronically (including via video
			 conference).
d) An electronic
			 database shall be maintained for the purpose of providing Commissioners with
			 information on objections they are reviewing and through which Commissioners
			 can cast votes on issues placed before them.
1) Votes shall be cast by the Commissioners
			 during a meeting, within the time period the Chairman declares open for the
			 purpose of voting on a particular issue.
2) In the event of a tie vote brought about
			 due to absence or abstention of a Commissioner, the CCLRB will request of the
			 applicant, pursuant to Section 20(f) of the Act, another 30 days to consider
			 the objection, and may also request any additional information necessary to
			 resolve the tie vote.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 2900 - CONCEALED CARRY LICENSING REVIEW › Section 2900.120 - Conflicts of Interest

Current through Register Vol. 48, No. 28, July 12, 2024
a) No
			 commissioner, including the Chairperson, shall participate in any CCLRB
			 business, including, but not limited to, voting, when that commissioner has a
			 conflict of interest.
b) For the
			 purposes of this Section, whether a commissioner has a conflict of interest
			 shall be determined by the following guidelines:
1) A commissioner has a conflict of interest
			 in a matter if the commissioner's interest, through business, investment,
			 personal relationship or family, reasonably creates the appearance of
			 impropriety in the performance of his or her duties on the CCLRB.
2) Examples of conflicts of interest include,
			 but are not limited to, the following:
A)
			 using public office for direct or indirect private gain;
B) giving preferential treatment to any
			 organization or person;
C) losing
			 independence or impartiality of action;
D) making a government decision outside
			 official channels; or
E) otherwise
			 adversely affecting the confidence of the public in the integrity of the
			 CCLRB.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 2900 - CONCEALED CARRY LICENSING REVIEW › Section 2900.130 - Department Liaison to CCLRB

Current through Register Vol. 48, No. 28, July 12, 2024
a) Pursuant to Section 20 of the Act, the
			 CCLRB, independently from the Department, shall serve to review objections by
			 law enforcement agencies. The Department shall not in any way influence the
			 vote of the CCLRB.
b) The
			 Department shall designate an employee to provide logistical and administrative
			 assistance only regarding the electronic computer database established for
			 recording votes regarding objections, as may be required or requested by the
			 Executive Director.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 2900 - CONCEALED CARRY LICENSING REVIEW › Section 2900.140 - Consideration of Objections

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 CCLRB will review all objections presented by local law enforcement agencies or
			 the Department. In its review of objections, the CCLRB shall consider only the
			 following information:
1) any material
			 properly submitted by the objecting local law enforcement agency or the
			 Department pursuant to Section 15 of the Act;
2) any material properly submitted by the
			 applicant; and
3) any additional
			 information requested by the CCLRB pursuant to subsection (b).
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 2900 - CONCEALED CARRY LICENSING REVIEW › Section 2900.150 - Hearings of the CCLRB

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Hearings of the CCLRB may be conducted when a quorum of the commissioners is
			 present in person, by video, telephonically or by other electronic means. The
			 hearing shall be recorded.
b) The
			 CCLRB shall determine the date, time and location of any hearing. The CCLRB
			 shall make reasonable efforts to hold the hearing at a date, time and location
			 convenient to all parties.
c) The
			 Chairperson shall preside over the hearing.
d) Any testimony requested by the CCLRB shall
			 be under oath or affirmation.
e)
			 Applicants and law enforcement agencies requested to participate in hearings of
			 the CCLRB may be represented by counsel and present evidence relating to the
			 local law enforcement or Department objection. Hearings shall be closed to the
			 public.
f) The procedures for
			 admissibility of evidence shall be as described in Section10-40 of the Illinois
			 Administrative Procedure Act [5 ILCS
			 100/10-40 ] and as ordered by the
			 Chairperson.
g) Deliberations of
			 the CCLRB, upon conclusion of a hearing held pursuant to this Section, shall be
			 held in executive session without the applicant or other participants in the
			 hearing present and shall not be subject to either the Open Meetings Act [5
			 ILCS 120 ] or the Freedom of Information Act [5 ILCS 140 ].
h) No later than 35 days from the date of any
			 final administrative decision by the CCLRB concerning eligibility for a
			 license, the applicant may make a written request to the CCLRB for a transcript
			 of the recording made at the hearing.
1) The
			 cost of transcription shall be the responsibility of the applicant.
2) Fees shall not exceed the actual cost for
			 the preparation of the transcript.
3) The record need not be transcribed unless
			 the CCLRB receives a written request and fee from the applicant in accordance
			 with this Section.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 2900 - CONCEALED CARRY LICENSING REVIEW › Section 2900.160 - Decisions of the CCLRB

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 CCLRB shall make a record, electronically or by other reliable means, of the
			 final votes cast by each individual commissioner during meetings held at the
			 call of the Chairperson.
b) Upon a
			 vote to overrule an objection, the CCLRB shall send the Department notice of
			 its decision that the applicant does not pose a danger to himself or herself or
			 others and is not a threat to public safety via an electronic transmission
			 using the electronic computer database established for recording votes to
			 objections.
c) If, upon
			 consideration of an objection and any information obtained pursuant to Section
			 2900.140,
			 the CCLRB determines by a preponderance of the evidence that the applicant
			 poses a danger to himself or herself or to others, or is a threat to public
			 safety, and is therefore ineligible for a license, the CCLRB shall notify the
			 applicant. The CCLRB will also notify the Department of its determination using
			 the electronic computer database. The CCLRB shall make a record of the basis
			 for its finding that the applicant is ineligible for a license.
d) Upon electronic transmission to the
			 Department of a final decision by the CCLRB that an applicant is ineligible for
			 a license under Section 20 of the Act, the CCLRB decision shall be final and
			 subject to judicial review pursuant to 20 Ill. Adm. Code
			 1231.170.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 2900 - CONCEALED CARRY LICENSING REVIEW › Section 2900.170 - CCLRB Reporting

Current through Register Vol. 48, No. 28, July 12, 2024
Pursuant to Section 20(i) of the Act, the CCLRB shall report
				monthly to the Governor and to the General Assembly the following
				information:
a) the number of
			 objections it has received;
b) the
			 number of objections it has affirmed; and
c) the number of times a decision to deny an
			 applicant a license was because the applicant poses a danger to himself or
			 herself, the applicant poses a danger to others, or the applicant poses a
			 threat to public safety.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 3500 - REINSTATEMENT OF FIREARM RIGHTS › Subpart A - GENERAL PROVISIONS › Section 3500.100 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
For purposes of this Part, these additional terms shall have
				  the following meanings:
"Act" or "FOID Act" means the Firearm Owners Identification
				  Card Act [430 ILCS 65 ].
"Appeal" means a plea for the appropriate circuit court in
				  Illinois to review the basis for the denial of a FOID application or revocation
				  of a FOID Card that is within their jurisdiction.
"Board" means the Firearms Owner's Identification Card Review
				  Board.
"Department" or "ISP" means the Illinois State Police.
"Firearms prohibitor" means one of the grounds for denial and
				  revocation under Section 8 of the Firearm Owners Identification Card Act
				  [430 ILCS
				  65/8 ].
"Petitioner" means a person who has submitted a request for
				  the Board to review the denial of a FOID Application or revocation of a FOID
				  Card.
"Record challenge" means a request for the ISP to review the
				  record serving as the basis for the denial of a FOID Application or revocation
				  of a FOID Card to determine whether the decision was made in error.
"Request for relief" means a plea for the Board to review the
				  denial of a FOID Application or revocation of a FOID Card that is within the
				  jurisdiction of the Board and grant relief from the relevant firearms
				  prohibitor.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 3500 - REINSTATEMENT OF FIREARM RIGHTS › Subpart A - GENERAL PROVISIONS › Section 3500.110 - Duties

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
				and the Board are part of Illinois' FOID Card system, created to afford law
				enforcement authorities the opportunity to identify persons who are not
				qualified to acquire or possess firearms and firearm ammunition in Illinois,
				and are responsible for considering a FOID Card holder's or applicant's
				criminal history record and eligibility pursuant to Sections 10(a) and 10(a-5)
				of the Act.
b) The Board shall
consider any appeal under
Section 10(a) of the Act
beginning January 1, 2023, other than an appeal directed to the circuit
				court and except when the applicant is challenging the record upon which the
				decision to deny or revoke was based as provided in
Section 10(a-10)
				of the Act. (Section 10(a-5) of the Act)
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 3500 - REINSTATEMENT OF FIREARM RIGHTS › Subpart A - GENERAL PROVISIONS › Section 3500.120 - Department Liaison to the Board

Current through Register Vol. 48, No. 28, July 12, 2024
a) Pursuant to Section 10 of the Act,
the Board shall exercise its powers and duties in an independent
				manner, subject to the provisions of this Act but free from the direction,
				control, or influence of any other agency or department of State
				government.
(Section 10(a-5)(0.05) of the
				Act)
b) The Department
shall designate an employee to serve as Executive Director of the Board
				and provide logistical and administrative assistance to the Board.
(Section 10(a-5)(2) of the Act)
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 3500 - REINSTATEMENT OF FIREARM RIGHTS › Subpart A - GENERAL PROVISIONS › Section 3500.130 - Meetings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
The
				Board shall meet at least quarterly each year and at the call of the
				chairperson as often as necessary to consider appeals of decisions made with
				respect to applications for a Firearm Owner's Identification Card
				under
the
Act.
1)
				Whenever practicable, the Chairperson shall give members a minimum of 5
				calendar days' advance notice prior to the date of a meeting.
2) The Chairperson, or a designee, shall
				preside over all meetings.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 3500 - REINSTATEMENT OF FIREARM RIGHTS › Subpart A - GENERAL PROVISIONS › Section 3500.140 - Conflicts of Interest

Current through Register Vol. 48, No. 28, July 12, 2024
a) No
				member, including the Chairperson, shall participate in any Board business,
				including, but not limited to, voting, when that member has a conflict of
				interest.
b) For the purposes of
				this Section, whether a member has a conflict of interest shall be determined
				by the following guidelines:
1) A member has a
				conflict of interest and shall not preside over or otherwise vote in a matter
				in which:
A) the member knows the petitioner
				either through personal or professional interactions and those interactions are
				likely to impact the member's judgement, including but not limited to cases
				involving family members such as parents, spouses, and children.
B) the member's interest, through business,
				investment, personal relationships, or family, reasonably creates the
				appearance of impropriety in the performance of the member's duties on the
				Board.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 3500 - REINSTATEMENT OF FIREARM RIGHTS › Subpart A - GENERAL PROVISIONS › Section 3500.150 - Reporting

Current through Register Vol. 48, No. 28, July 12, 2024
The Board shall report monthly to the Governor and
				  the General Assembly on the number of appeals received and provide details of
				  the circumstances in which the Board has determined to deny Firearm Owner's
				  Identification Cards under
Section 10(a-5) of the Act.
The
				  report shall not contain any identifying information about the
petitioners. (Section 10(a-5)(9) of the Act)
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 3500 - REINSTATEMENT OF FIREARM RIGHTS › Subpart B - REQUEST REQUIREMENTS › Section 3500.200 - Requests for Relief within the Jurisdiction of the Board

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person wishing to file a request for
				relief after a FOID Application denial or FOID Card suspension, revocation or
				seizure, or who is prohibited from possessing a firearm under Section 24-1.1 or
				24-3.1 of the Criminal Code of 2012 [720 ILCS 5 ],
				must complete their petition for review no later than 90 days after the notice
				of FOID Card denial or FOID Card revocation was sent and must first submit a
				Request for Relief and Reinstatement of Firearms Rights form to the Board,
				which is available on the Board's website. The following additional
				requirements apply depending upon the type of request for relief filed:
1) Law Enforcement Officers; Expedited Relief
				Pursuant to Section 10(c-5) of the Act
A) Law
				enforcement officers (officers) requesting expedited relief from the Department
				shall submit an Affidavit for Law Enforcement Expedited Relief, which is
				available on the Board's website at
https://isp.illinois.gov/FOIDCardReviewBoard/FormsAndChecklists
,
				to begin the relief process. The officer must use the affidavit to certify the
				requirements of Section 10(c-5) of the Act are met for expedited
				relief.
B) Pursuant to Section
				10(c-5) of the Act, officers requesting expedited relief under subsection
				(a)(1)(B) must provide the Board with the following documentation:
i) all information set forth on the Law
				Enforcement Expedited Requirements Checklist. That checklist is available on
				the Board's website at
				https://isp.illlinois.gov/FoidCardReviewBoard/FormsAndChecklists and shall
				include, but is not limited to:
* a personal statement;
* an affidavit certifying the officer meets the requirements
				  of Section 10(c-5) of the Act;
* psychiatric and counseling records;
* a current forensic evaluation including an assessment of
				  potential risk for future violence;
* a psychological fitness for duty;
* certified copies of relevant court records;
* at least two character references; and
* a firearm requirement for employment certification that is
				  available on the Department's website at
				  https://isp.illinois.gov/FirearmsSafety/Forms; and
ii) any other reasonable documentation
				requested by the Board related to the determination for granting
				relief.
C) If the
				officer establishes, by a preponderance of the evidence, that the officer will
				not be likely to act in a manner dangerous to public safety and that granting
				relief would not be contrary to the public interest, the Board shall grant
				relief (see Section 10(c-5) of the Act) from the firearms prohibitor.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 3500 - REINSTATEMENT OF FIREARM RIGHTS › Subpart B - REQUEST REQUIREMENTS › Section 3500.210 - Requests within the Jurisdiction of the Department or Court

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person whose FOID Card Application was
				denied or whose FOID Card was revoked but not seized for a firearm prohibitor
				where the disqualification is not permanent grounds for revocation under the
				Act, may reapply for a FOID Card once the firearms prohibitor has expired and
				need not initiate a Request for Relief and Reinstatement of Firearms Rights
				with the Board. For example, this includes persons previously denied or revoked
				pursuant to Section 8(e), 8(f), 8(k), or
				8.2 of the Act where the
				prohibitor has expired.
1) Once the firearm
				prohibitor has expired, the individual may submit a new FOID Card application
				to the Department but must comply with Section 8 of the Act and 20 Ill. Adm.
				Code 1230.70.
2) Pursuant to Section 4 of the Act, the
				Department determines the eligibility of an applicant for a FOID
				Card.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 3500 - REINSTATEMENT OF FIREARM RIGHTS › Subpart C - REVIEW OF APPEALS AND CONDUCT OF HEARINGS › Section 3500.300 - Consideration of Requests for Relief

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon timely receipt of all information
				required in Section 3500.200 for a request for
				relief, the Executive Director shall request a copy of the Department's record
				regarding the petitioner.
b) Upon
				receipt of the Department's record, the Executive Director shall make a record
				available to the Board members containing all information received from the
				petitioner, as well as the Department.
1)
				Board members will be responsible for reviewing the record and may request
				additional information from the petitioner or the Department. The petitioner
				and Department shall have 10 business days to submit any additional information
				requested.
2) If a quorum of the
				Board is satisfied that there is sufficient evidence to consider whether the
				petitioner has met its burden of proof under Section 10(c) of the Act, the
				Board members will consider all information provided in the record, vote on the
				electronic voting record made available for this purpose, and issue a final
				administrative decision.
3) If a
				quorum of the Board is not satisfied that there is sufficient evidence to
				consider whether the petitioner has met its burden of proof under Section 10(c)
				of the Act, the Board shall provide a notice of insufficient evidence to the
				petitioner. The notice will include information on how the petitioner may
				request a hearing before a quorum of the Board.
A) If the petitioner wants to request a
				hearing, the petitioner must do so within 30 days from the date notice of
				insufficient evidence is sent.
B)
				The request for a hearing must be in writing on forms made available by the
				Department through its website.
C)
				If a hearing is not requested, a final administrative decision will be entered
				based upon the record available.
D)
				If a hearing is requested, Board members will not vote or render a final
				administrative decision until after the requested hearing can be
				held.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 3500 - REINSTATEMENT OF FIREARM RIGHTS › Subpart C - REVIEW OF APPEALS AND CONDUCT OF HEARINGS › Section 3500.310 - Conduct of Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Hearings of the Board will be conducted when a quorum of the members is present
				in person, by video, telephonically or by other electronic means. The hearing
				shall be recorded.
b) The Board
				shall determine the date, time and location of any hearing. The Board shall
				make reasonable efforts to hold the hearing at a date, time, and location
				convenient to all parties.
c) The
				Chairperson or designee shall preside over the hearing.
d) Any testimony requested by the Board shall
				be under oath or affirmation.
e)
				Petitioners may be represented by counsel and present evidence relating to the
				request for relief. Hearings shall be closed to the public.
f) The procedures for admissibility of
				evidence shall be as described in Section 10-40 of the Illinois Administrative
				Procedure Act [5 ILCS 100/10-40 ] and as
				ordered by the Chairperson.
g)
				Deliberations of the Board, upon conclusion of a hearing held pursuant to this
				Section, shall be held in executive session without the petitioner or other
				participants in the hearing present and shall not be subject to either the Open
				Meetings Act [5 ILCS 120 ] or the Freedom of
				Information Act [5 ILCS 140 ]. (See Section
				10(a-5)(8)).
h) No later than 30
				days after the date of any final administrative decision by the Board, the
				petitioner may make a written request to the Board for a transcript of the
				recording made at the hearing.
1) The cost of
				transcription shall be the responsibility of the petitioner.
2) Fees shall not exceed the actual cost for
				the preparation of the transcript.
3) The record need not be transcribed unless
				the Board receives a written request and fee from the petitioner in accordance
				with this Section.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 3500 - REINSTATEMENT OF FIREARM RIGHTS › Subpart C - REVIEW OF APPEALS AND CONDUCT OF HEARINGS › Section 3500.320 - Decisions of the Board

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Board shall make a record, electronically or by other reliable means, of the
				final votes cast by each individual member upon their review of the request for
				relief record or at the conclusion of the hearing, if one is
				requested.
b) The Board shall issue
				an order either granting or denying the request for relief based upon the
				majority vote. If the Board denies relief, the Board shall detail the
				circumstances warranting denial.
c)
The Board shall issue a decision within 45 days of receiving all
				completed appeal documents from the
Department and petitioner, unless:
1) the petition is for expedited relief from
				an eligible active law enforcement officer pursuant to Section 10(c-5) of the
				Act and must be acted on within 30 business days after receipt of that
				petition;
2) the plea is from an
				individual determined to be developmentally or intellectually disabled pursuant
				to Section 10(c-5) of the Act and must be acted on within 60 days after receipt
				of the required certification unless the timeline is tolled for a fact-finding
				conference;
3)
the Board
				requests information from the petitioner, including, but not limited to,
				electronic fingerprints to be submitted to the Illinois State Police, in
				accordance with
Section 10(a-5)(5) of the Act
, in which case
				the Board shall make a decision within 30 days of receipt of the required
				information from the
petitioner;
4) the petitioner requests a hearing and
agrees, in writing, to allow the Board additional time to consider an
				appeal;
or
5)
the
				Board notifies the petitioner, and the Department, it needs an additional 30
				days to issue a decision, which may be requested no more than two times and
				shall include an explanation for the extension.
(Section 10(a-5)(6) of
				the Act)
Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 1 - PUBLIC SCHOOLS EVALUATION, RECOGNITION AND SUPERVISION › Subpart A - RECOGNITION REQUIREMENTS › Section 1.10 - Public School Accountability Framework

Current through Register Vol. 48, No. 28, July 12, 2024
a) Section 27-1 of the School Code
				[105
				ILCS 5/27-1 ] establishes the primary purpose of
				schooling as the transmission of knowledge and culture in certain fundamental
				learning areas and requires the State Board of Education to define the
				knowledge and skills which the State expects students to master. These "State
				Goals for Learning" are set forth in Appendix D to this Part and amplified by
				the "Illinois Learning Standards", also set forth in that Appendix D. Further,
				Section 2-3.25 of the School Code [105
				ILCS 5/2-3.25 ] requires that the State Board of
				Education establish general operational recognition standards for public
				schools, and Section 2-3.25a of the School Code [105
				ILCS 5/2-3.25a ] requires that the Board develop
				recognition standards for student performance and school improvement.
b) Each school district shall ensure that
				each school makes available to all students instruction in the six fundamental
				learning areas, i.e., the language arts, mathematics, the biological and
				physical sciences, the social sciences, the fine arts, and physical development
				and health.