reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1285 - SAMPLE COLLECTION FOR GENETIC MARKER INDEXING › Subpart B - OPERATIONS › Section 1285.70 - Expungement of Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
				the event the disposition or conviction upon which a sample collection was
				based has been reversed based on actual innocence or that a pardon has been
				granted based on actual innocence, the genetic marker grouping will be removed
				from the local, State, and national offender databases after receipt of a final
				court order requiring expungement. The sample receipt containing personal
				identifiable information will be destroyed; pointers to computerized sample
				records will be deleted; the sample will be destroyed in a biologically safe
				manner; and a letter will be sent to the court verifying the expungement is
				completed. With respect to electronic and other means of record keeping for
				which an index or pointer system is necessary to locate a record, deletion of
				the index entry or pointer is equivalent to deletion of the record.
b) For specimens required to be collected
				prior to conviction (e.g., indictee), a certified copy of a final court order
				pursuant to 730 ILCS 5/5-4 -3(f-1) is required to expunge the sample. The court
				order shall specifically address all eligible charges against the donor, and
				include language that the DNA arrestee sample be expunged.
c) Expungements will not be processed if the
				qualifying offender is also eligible for the database due to a matter not
				addressed in the court order. In this situation, the court will be asked for
				further guidance.
d) Voluntary
				samples submitted under Section
				1285.40 of this
				Part may only be removed by court order.
e) Samples determined to be ineligible by
				either the collection agency or laboratory staff, prior to a database match,
				will be administratively removed upon the receipt of a written request from the
				collection agency.
f) Expungement
				requests for samples that are currently involved in a pending database match
				will be held until all pending matches are addressed.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1285 - SAMPLE COLLECTION FOR GENETIC MARKER INDEXING › Subpart B - OPERATIONS › Section 1285.80 - Non-participation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Results of
				genetic marker grouping analysis and access to the State genetic marker
				database information may be denied to any agency which fails to comply with
				this Part.
b) Direct access to the
				State genetic marker database shall only be granted to forensic DNA
				laboratories in Illinois that are current NDIS participants.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1285 - SAMPLE COLLECTION FOR GENETIC MARKER INDEXING › Subpart B - OPERATIONS › Section 1285.90 - Maintenance of Genetic Marker Groupings

Current through Register Vol. 48, No. 28, July 12, 2024
The Department may maintain its genetic marker grouping data
				  at the National DNA Index System (national database) pursuant to agreement with
				  the Federal Bureau of Investigation.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1286 - TESTING OF BREATH, BLOOD AND URINE FOR ALCOHOL, OTHER DRUGS, AND INTOXICATING COMPOUNDS › Subpart A - GENERAL PROVISIONS › Section 1286.20 - Grievances

Current through Register Vol. 48, No. 28, July 12, 2024
Aggrieved persons who wish to contest the Department's
				  actions with respect to their BAO license, BAT authorization, PBT-E
				  authorization, BAI accreditation, or laboratory certification shall follow
				  general hearing procedures outlined in 20 Ill. Adm. Code
				  1200.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1286 - TESTING OF BREATH, BLOOD AND URINE FOR ALCOHOL, OTHER DRUGS, AND INTOXICATING COMPOUNDS › Subpart A - GENERAL PROVISIONS › Section 1286.30 - Additional Testing

Current through Register Vol. 48, No. 28, July 12, 2024
Should a subject choose to undergo additional chemical
				  analysis, the person tested may have a physician, or a qualified technician,
				  chemist, registered nurse, or other qualified person of his/her own choosing
				  administer a chemical test or tests in addition to any administered at the
				  direction of a law enforcement officer (Section 11-501.2(a)3 of the Illinois
				  Vehicle Code).
a) The additional tests
				must be conducted in a manner as close as practicable to the procedures in this
				Part.
b) Persons wishing to have
				additional tests administered shall make their own arrangements for such
				tests.
c) Any additional testing
				conducted pursuant to this Section shall be at the subject's expense and
				subsequent to the posting of bond.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1286 - TESTING OF BREATH, BLOOD AND URINE FOR ALCOHOL, OTHER DRUGS, AND INTOXICATING COMPOUNDS › Subpart A - GENERAL PROVISIONS › Section 1286.40 - Conversion of a Blood Serum or Blood Plasma Alcohol Concentration to a Whole Blood Equivalent

Current through Register Vol. 48, No. 28, July 12, 2024
The blood serum or blood plasma alcohol concentration result
				  will be divided by 1.18 to obtain a whole blood equivalent.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1286 - TESTING OF BREATH, BLOOD AND URINE FOR ALCOHOL, OTHER DRUGS, AND INTOXICATING COMPOUNDS › Subpart A - GENERAL PROVISIONS › Section 1286.50 - Passive Sensors

Current through Register Vol. 48, No. 28, July 12, 2024
Passive sensors are not regulated by the
				  Department.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1286 - TESTING OF BREATH, BLOOD AND URINE FOR ALCOHOL, OTHER DRUGS, AND INTOXICATING COMPOUNDS › Subpart A - GENERAL PROVISIONS › Section 1286.60 - Department Notification

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Notification by an Agency
1) Agencies shall
				notify the Department if an approved evidentiary instrument needs
				service.
2) Agencies shall notify
				the Department if the agency receives an approved evidentiary instrument or PBT
				from an entity other than the manufacturer.
3) If an agency returns the evidentiary
				instrument to the manufacturer for repairs, the service report shall be
				submitted to the Department.
4)
				Agencies shall designate a Breath Analysis Operator to monitor the evidential
				instrument in their department each month on a day of their choice between the
				1st and 10th of the
				month. This monitoring shall include the review of any error messages displayed
				and ensuring sufficient mouthpieces and paper are available.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1286 - TESTING OF BREATH, BLOOD AND URINE FOR ALCOHOL, OTHER DRUGS, AND INTOXICATING COMPOUNDS › Subpart A - GENERAL PROVISIONS › Section 1286.70 - Maintenance of Records for Approved Evidentiary Instruments

Current through Register Vol. 48, No. 28, July 12, 2024
Subject test records, accuracy check records, and service
				  records will be maintained for and/or by each approved evidentiary
				  instrument.
a) Subject test records
				and accuracy check records may be maintained in a logbook and/or the
				instrument's memory.
b) Logbook
				entries will be made in the logbook as contemporaneous as reasonably
				practicable to the time the procedure was performed.
c) Service records will be maintained by the
				Alcohol and Substance Testing Section or may be maintained in the instrument's
				memory. Malfunctions that are not breakdowns (non-analytical failures such as
				battery expiration, incorrect time/date, printer problems, keyboard
				replacement, breath hose replacement, etc.) will not be documented.
d) Only instruments equipped with sufficient
				internal memory to store 100 subject test records and that can download stored
				information to the central repository may keep the test records in the memory
				of the instrument.
e) All records
				removed from the internal memory of an instrument shall be erased and
				downloaded if possible and practicable, to the central repository.
f) The central repository will maintain
				instrument records for not less than five years from the date
				downloaded.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1286 - TESTING OF BREATH, BLOOD AND URINE FOR ALCOHOL, OTHER DRUGS, AND INTOXICATING COMPOUNDS › Subpart A - GENERAL PROVISIONS › Section 1286.75 - Subpoena Procedure for Evidentiary Instruments

Current through Register Vol. 48, No. 28, July 12, 2024
a) Subpoena requests for accuracy checks,
				subject tests, quick tests, calibrations, and maintenance/repair records will
				be responded to as quickly as possible. If the response cannot be provided
				within the timeframe requested, the requesting party shall be notified by
				telephone. If further information is needed to determine the material
				requested, the requesting party shall be contacted by telephone to obtain this
				information and the subpoena response completed.
b) The timeframe for the information provided
				in response to a subpoena request for accuracy checks, subject tests, quick
				tests, calibrations, and maintenance/repair records shall be from 62 days prior
				to the subject's arrest date through 62 days following the arrest
				date.
c) Responses to subpoenas
				that request accuracy checks, subject tests, quick tests, calibrations and
				maintenance/repair records may be in the form of an Intoxnet report. The terms
				"test success" and "certified accurate" are synonymous.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1286 - TESTING OF BREATH, BLOOD AND URINE FOR ALCOHOL, OTHER DRUGS, AND INTOXICATING COMPOUNDS › Subpart A - GENERAL PROVISIONS › Section 1286.80 - Installation of Approved Stationary Evidentiary Instruments, Ethernet Connectivity, and Logbook and Portable Evidentiary Instrument Availability

Current through Register Vol. 48, No. 28, July 12, 2024
a) Beginning
				January 1, 2012, any law enforcement agency that purchases an approved
				stationary evidentiary instrument shall be required to connect the instrument
				to the Illinois State Police network, using the LEADS network and/or through a
				Virtual Private Network (VPN). The installation of a Tibbo DS-203 or similar
				device in a manner acceptable to the Department, prior to the instrument being
				placed into service by a BAT, will also be required. Any and all costs
				associated with a LAN (Ethernet) connection to State network will be the
				responsibility of that law enforcement agency. Any law enforcement agency that
				utilizes an approved stationary evidentiary instrument on January 1, 2012 shall
				be required to provide Ethernet connectivity via a DS-203 or similar device in
				a manner acceptable to the Department by January 1, 2013, or the instrument may
				be placed out of service by a BAT immediately following that date. All agencies
				must repair any problems with a LAN (Ethernet) connection that impact
				connectivity to the State network.
b) All agencies shall have their approved
				evidentiary instruments available for examination by a BAT.
c) All agencies shall have the logbooks for
				their approved evidentiary instruments available for examination by a
				BAT.
d) Agencies with portable
				evidentiary instruments may be required to transport the instrument to a
				specific location for its accuracy check.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1286 - TESTING OF BREATH, BLOOD AND URINE FOR ALCOHOL, OTHER DRUGS, AND INTOXICATING COMPOUNDS › Subpart A - GENERAL PROVISIONS › Section 1286.90 - Reporting Laboratory Results

Current through Register Vol. 48, No. 28, July 12, 2024
a) Laboratories shall return the original
				analysis report of the blood or urine sample to the submitting agency
				only.
b) Laboratories shall retain
				a duplicate copy of the analysis report in the testing laboratory for two
				years.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1286 - TESTING OF BREATH, BLOOD AND URINE FOR ALCOHOL, OTHER DRUGS, AND INTOXICATING COMPOUNDS › Subpart B - APPROVAL PROCEDURES FOR PERSONS AND LABORATORIES TO PERFORM SPECIFIC FUNCTIONS › Section 1286.100 - Licensing BAOs

Current through Register Vol. 48, No. 28, July 12, 2024
The Director or the Director's designee is authorized to
				  license persons to be BAOs subject to the requirements of this Section. BAOs
				  are permitted to perform all appropriate BAO functions described in this Part.
				  Only after the completion of both the written/digital examination and
				  proficiency test may a BAOs operate evidential breath testing
				  instruments.
a) To be eligible to be a
				BAO, the individual must be employed by an agency or an accredited law
				enforcement training academy. BAO candidates, including those who have
				previously been licensed as a BAO in another state, must successfully attend
				the course and pass the written and proficiency examination or successfully
				complete a computer-based training (CBT) course.
b) Under the direction and control of a BAI,
				BAO candidates must:
1) Complete a training
				curriculum approved by the Department that includes a minimum of 8 hours of
				instruction, which includes the following:
A)
				Presentation and discussion of the psychological, physiological, and
				pharmacological effects of alcohol in the human body;
B) Demonstration and discussion of
				instruments and the analytical processes used to measure BrAC;
C) Practical application and demonstration in
				the use of an approved evidentiary instrument; and
D) Discussion of current DUI issues, the
				administrative rules, and case law.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1286 - TESTING OF BREATH, BLOOD AND URINE FOR ALCOHOL, OTHER DRUGS, AND INTOXICATING COMPOUNDS › Subpart B - APPROVAL PROCEDURES FOR PERSONS AND LABORATORIES TO PERFORM SPECIFIC FUNCTIONS › Section 1286.110 - Renewal of BAO License

Current through Register Vol. 48, No. 28, July 12, 2024
The Director or his/her designee is authorized to renew BAO
				  licenses subject to the requirements of this Section. An individual with a
				  renewed BAO license is a BAO. A renewed BAO license shall be subject to the
				  same terms and conditions as an original BAO license.
a) BAO license renewal candidates must either
				successfully attend the renewal course and pass the written renewal examination
				or successfully complete the computer-based training course.
1) Under the direction and control of a BAT,
				BAO renewal candidates attending the renewal course must:
A) Complete a training curriculum approved by
				the Department that includes the following:
i)
				Review of theory and practice with an approved evidentiary instrument;
ii) Review of administrative rules
				as contained in this Part; and
iii)
				Review of current and related problems in the field.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1286 - TESTING OF BREATH, BLOOD AND URINE FOR ALCOHOL, OTHER DRUGS, AND INTOXICATING COMPOUNDS › Subpart B - APPROVAL PROCEDURES FOR PERSONS AND LABORATORIES TO PERFORM SPECIFIC FUNCTIONS › Section 1286.120 - Revocation and Denial of BAO License

Current through Register Vol. 48, No. 28, July 12, 2024
The Director or his/her designee may revoke a BAO license or
				  deny BAO licensing. Grounds for BAO license revocation and denial can be, but
				  are not limited to:
a) Misuse of an
				instrument by the BAO in such a way that he or she violated State law or this
				Part.
b) Unauthorized testing of
				the analytical system of an instrument.
c) Unauthorized attempts to access instrument
				memory.
d) Failure to comply with
				Section
				1286.100.
e) Failure to notify the Department the BAO
				has changed his or her name from what it was when the license was
				issued.
f) Failure to notify the
				Department the BAO is no longer employed by the agency that employed the
				BAO.
g) Failure to comply with
				Department direction with regard to correcting the BAO license information
				subsequent to a change in employment or name.
h) Relocating approved evidentiary
				instruments without Department approval.
i) Anything deemed by the Director or his/her
				designee not in the best interest of the program.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1286 - TESTING OF BREATH, BLOOD AND URINE FOR ALCOHOL, OTHER DRUGS, AND INTOXICATING COMPOUNDS › Subpart B - APPROVAL PROCEDURES FOR PERSONS AND LABORATORIES TO PERFORM SPECIFIC FUNCTIONS › Section 1286.130 - Authorization of BATs

Current through Register Vol. 48, No. 28, July 12, 2024
The Director or his/her designee is authorized to license
				  persons employed by the Department to be BATs subject to the requirements of
				  this Section. BATs are authorized to perform all appropriate BAT functions
				  described in this Part.
a) BATs must
				be BAOs and meet all BAO licensing requirements.
b) The candidate must display knowledge and
				understanding through specialized training in all of the following areas:
1) Psychological, physiological, and
				pharmacological effects of alcohol in the human body;
2) Proficiency on all approved evidentiary
				instruments and the analytical processes used to measure BrAC;
3) Maintenance, calibration, and repair
				procedures on all approved evidentiary instruments; and
4) Knowledge of current DUI issues, the
				administrative rules, and case law.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1286 - TESTING OF BREATH, BLOOD AND URINE FOR ALCOHOL, OTHER DRUGS, AND INTOXICATING COMPOUNDS › Subpart B - APPROVAL PROCEDURES FOR PERSONS AND LABORATORIES TO PERFORM SPECIFIC FUNCTIONS › Section 1286.140 - Revocation and Denial of BAT Authorization

Current through Register Vol. 48, No. 28, July 12, 2024
The Director or his/her designee may revoke or deny
				  authorization to a BAT. Grounds for revocation or denial of BAT authorization
				  can be, but are not limited to:
a) Any
				grounds for revocation set forth in Section
				1286.120.
b) Failure to comply with Section
				1286.130.
c) Anything deemed by the Director or
				designee not in the best interest of the program.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1286 - TESTING OF BREATH, BLOOD AND URINE FOR ALCOHOL, OTHER DRUGS, AND INTOXICATING COMPOUNDS › Subpart B - APPROVAL PROCEDURES FOR PERSONS AND LABORATORIES TO PERFORM SPECIFIC FUNCTIONS › Section 1286.150 - Accrediting BAIs

Current through Register Vol. 48, No. 28, July 12, 2024
The Director or his/her designee is authorized to accredit
				  persons to be BAIs subject to the requirements of this Section. BAIs are
				  accredited to perform all appropriate BAI functions described in this
				  Part.
a) The BAIs must be BAOs and
				meet all BAO licensing requirements.
b) The candidate must display knowledge and
				understanding through specialized training in all of the following areas:
1) Psychological, physiological, and
				pharmacological effects of alcohol in the human body;
2) Proficiency on all approved evidentiary
				instruments and the analytical processes used to measure BrAC;
3) Maintenance, calibration, and repair
				procedures on all approved evidentiary instruments; and
4) Knowledge of current DUI issues, the
				administrative rules, and case law.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1286 - TESTING OF BREATH, BLOOD AND URINE FOR ALCOHOL, OTHER DRUGS, AND INTOXICATING COMPOUNDS › Subpart B - APPROVAL PROCEDURES FOR PERSONS AND LABORATORIES TO PERFORM SPECIFIC FUNCTIONS › Section 1286.160 - Revocation and Denial of BAI Accreditation

Current through Register Vol. 48, No. 28, July 12, 2024
The Director or his/her designee may revoke or deny
				  accreditation to a BAI. Grounds for revocation or denial of BAI accrediting can
				  be, but are not limited to:
a) Any
				grounds for revocation set forth in Section
				1286.120.
b) Failure to comply with Section
				1286.150.
c) Anything deemed by the Director or
				designee not in the best interest of the program.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1286 - TESTING OF BREATH, BLOOD AND URINE FOR ALCOHOL, OTHER DRUGS, AND INTOXICATING COMPOUNDS › Subpart B - APPROVAL PROCEDURES FOR PERSONS AND LABORATORIES TO PERFORM SPECIFIC FUNCTIONS › Section 1286.170 - Certification of Laboratories and Laboratory Technicians

Current through Register Vol. 48, No. 28, July 12, 2024
The Director or his/her designee is authorized to certify
				  laboratories and laboratory technicians subject to the requirements of this
				  Section.
a) Only laboratories that
				employ technicians who work under the supervision of a pathologist,
				toxicologist, or other person who has at least five years experience in the
				specialty of analytical chemistry may be deemed qualified to detect and/or
				quantitate alcohol and/or other drugs in human biological fluids will be
				certified by the Department. The Laboratory Director shall be responsible for
				the accuracy of all laboratory testing performed in the laboratory. The
				following conditions must be met by laboratories:
1) Prior to initial laboratory certification,
				and at least biannually thereafter, the Department shall request the
				demonstration of proficiency in the performance of the tests by the laboratory
				through the satisfactory examination of specimens by participation in a program
				of proficiency testing conducted by an agency or agencies approved by the
				Department.
A) The Laboratory Director will
				advise the Department of the proficiency testing program in which it is
				participating.
B) The laboratory
				will direct the proficiency testing agency to forward a copy of the
				laboratory's testing results and evaluations to the Department after each
				testing cycle.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1286 - TESTING OF BREATH, BLOOD AND URINE FOR ALCOHOL, OTHER DRUGS, AND INTOXICATING COMPOUNDS › Subpart B - APPROVAL PROCEDURES FOR PERSONS AND LABORATORIES TO PERFORM SPECIFIC FUNCTIONS › Section 1286.180 - Revocation and Denial of Laboratory Certification

Current through Register Vol. 48, No. 28, July 12, 2024
The Director or his/her designee may revoke or deny
				  certification of a laboratory or a laboratory technician. Grounds for
				  revocation or denial of certification can be, but are not limited to:
a) Change in laboratory accreditation
				status.
b) Failure to comply with
				Section
				1286.170.
c) Anything deemed by the Director or his/her
				designee not in the best interest of the program.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1286 - TESTING OF BREATH, BLOOD AND URINE FOR ALCOHOL, OTHER DRUGS, AND INTOXICATING COMPOUNDS › Subpart C - EQUIPMENT › Section 1286.200 - Equipment Approval and Accuracy

Current through Register Vol. 48, No. 28, July 12, 2024
The procedures contained in this Subpart are the only
				  procedures for establishing the accuracy of breath testing instruments. A
				  rebuttable presumption exists that an instrument was accurate at the particular
				  time a subject test was performed when the following four conditions are
				  met.
a) The instrument was approved
				under this Subpart at the time of the subject test.
b) The performance of the instrument was
				within the accuracy tolerance described in this Subpart according to the last
				accuracy check prior to the subject test.
c) No accuracy check has been performed
				subsequent to the subject test or the next accuracy check after the subject
				test was within the accuracy tolerance described in this Subpart.
d) Accuracy checks have been done in a timely
				manner, meaning not more than 62 days have passed since the last accuracy check
				prior to the subject test.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1286 - TESTING OF BREATH, BLOOD AND URINE FOR ALCOHOL, OTHER DRUGS, AND INTOXICATING COMPOUNDS › Subpart C - EQUIPMENT › Section 1286.210 - Evidentiary Instrument Approval

Current through Register Vol. 48, No. 28, July 12, 2024
Approved evidentiary instruments shall print and display a
				  breath analysis reading. Approved evidentiary instruments can print and display
				  two or three digits to the right of the decimal point. Whether the approved
				  evidentiary instrument prints and displays two or three digits to the right of
				  the decimal point, the breath analysis reading consists of the first two digits
				  to the right of the decimal point.
a)
				The Department shall only approve evidentiary instruments enumerated in NHTSA's
				list. The Department approves the following instruments for obtaining breath
				analysis readings:
1) RBT IV, in conjunction
				with a printer, manufactured by Intoximeters, Inc., may be used until August 1,
				2022, at which time the Intoximeters RBT IV will no longer be approved for use
				in Illinois.
2) Intoximeters EC/IR
				II, manufactured by Intoximeters, Inc.
3) Intoximeters EC/IR II, with serial numbers
				10001 and above, manufactured by Intoximeters, Inc.
4) Alco-Sensor VXL, in conjunction with a
				printer, manufactured by Intoximeters, Inc.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1286 - TESTING OF BREATH, BLOOD AND URINE FOR ALCOHOL, OTHER DRUGS, AND INTOXICATING COMPOUNDS › Subpart C - EQUIPMENT › Section 1286.220 - Checking Approved Evidentiary Instruments for Accuracy

Current through Register Vol. 48, No. 28, July 12, 2024
The accuracy of all approved evidentiary instruments used to
				  obtain a breath analysis reading from a subject shall be checked by a
				  BAT.
a) Accuracy checks are required:
1) Prior to being placed in
				operation;
2) After a breakdown has
				been repaired; and/or
3) When an
				approved evidentiary instrument fails to quantitate the two required accuracy
				check tests within 10 percent of the reference sample's value, as adjusted for
				environmental factors.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1286 - TESTING OF BREATH, BLOOD AND URINE FOR ALCOHOL, OTHER DRUGS, AND INTOXICATING COMPOUNDS › Subpart C - EQUIPMENT › Section 1286.230 - Checking Approved Evidentiary Instruments for Continued Accuracy

Current through Register Vol. 48, No. 28, July 12, 2024
To ensure the continued accuracy of approved evidentiary
				  instruments, a BAT or automated system shall perform accuracy checks.
a) Checks shall be performed at least once
				every 62 days.
b) Checks shall
				consist of at least two tests of the instrument in which the instrument
				quantitates a reference sample.
c)
				Approved evidentiary instruments must quantitate a reference sample within 10
				percent of the reference sample's value, as adjusted for environmental
				factors.
d) The accuracy check
				results shall be recorded in the instrument's logbook or internal memory, or in
				the central repository. The automatic accuracy checks or accuracy checks
				performed remotely will not be entered in the logbook. If the accuracy check
				was performed by a BAT at the instrument location, the accuracy check results
				shall be recorded in the instrument's logbook.
e) The Director or his/her designee, at
				his/her discretion, may remove any approved evidential instrument located in
				any department, agency, or sheriff's office from active service due to lack of
				use.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1286 - TESTING OF BREATH, BLOOD AND URINE FOR ALCOHOL, OTHER DRUGS, AND INTOXICATING COMPOUNDS › Subpart C - EQUIPMENT › Section 1286.240 - PBT Approval

Current through Register Vol. 48, No. 28, July 12, 2024
PBTs shall display a breath analysis reading. PBTs can
				  display two or three digits to the right of the decimal point. Whether the PBT
				  displays two or three digits to the right of the decimal point, the breath
				  analysis reading consists of the first two digits to the right of the decimal
				  point.
a) The Department shall only
				approve PBTs enumerated in NHTSA's list. The Department approves the following
				PBTs for obtaining breath analysis readings:
1) S-D2, manufactured by CMI, Inc., until
				August 1, 2022, at which time the S-D2 will no longer be approved for use in
				Illinois.
2) Alcosensor III,
				manufactured by Intoximeters, Inc., until August 1, 2022, at which time the
				Alcosensor III will no longer be approved for use in Illinois.
3) Alcosensor III (Enhanced with serial
				numbers above 1,200,000), manufactured by Intoximeters, Inc., until August 1,
				2022, at which time the Alcosensor III (Enhanced with serial numbers above
				1,200,000) will no longer be approved for use in Illinois.
4) Alcosensor IV, manufactured by
				Intoximeters, Inc., until August 1, 2022, at which time the Alcosensor IV will
				no longer be approved for use in Illinois.
5) Alcosensor FST, manufactured by
				Intoximeters, Inc.
6) Alco-Sensor
				VXL, manufactured by Intoximeters, Inc.
7) Intoxilyzer 500, manufactured by CMI,
				Inc.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1286 - TESTING OF BREATH, BLOOD AND URINE FOR ALCOHOL, OTHER DRUGS, AND INTOXICATING COMPOUNDS › Subpart C - EQUIPMENT › Section 1286.250 - Checking Approved PBTs for Accuracy

Current through Register Vol. 48, No. 28, July 12, 2024
PBTs shall be checked for accuracy by a BAT or an individual
				  specially trained to perform PBT accuracy checks at least once every 93 days.
				  To be accurate, the PBT must quantitate a reference sample within 10 percent of
				  the reference sample's value, as adjusted for environmental
				  factors.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1286 - TESTING OF BREATH, BLOOD AND URINE FOR ALCOHOL, OTHER DRUGS, AND INTOXICATING COMPOUNDS › Subpart C - EQUIPMENT › Section 1286.260 - Operation of PBTs

Current through Register Vol. 48, No. 28, July 12, 2024
The following procedures shall be used to obtain a breath
				  sample to determine a subject's BrAC with an approved PBT:
a) Each test shall be performed according to
				an operational procedure programmed into the instrument.
b) A test shall consist of only one breath
				analysis reading, based on the PBT's internal operational calculations.
1) A complete and valid breath analysis
				reading is denoted by at least one air blank, one subject breath test reading,
				and no breakdown message.
2)
				Messages such as "No Go", "Void", etc., are not breakdowns or malfunctions.
				These messages indicate the subject's failure to adequately complete the
				test.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1286 - TESTING OF BREATH, BLOOD AND URINE FOR ALCOHOL, OTHER DRUGS, AND INTOXICATING COMPOUNDS › Subpart D - SAMPLING PROCEDURES › Section 1286.300 - General Sampling Protocol

Current through Register Vol. 48, No. 28, July 12, 2024
The arresting officer has discretion to determine whether a
				  subject will be required to submit a breath, blood, and/or urine sample for
				  testing.
a) If the subject has been in
				a vehicle crash and must be treated or is currently being treated by a
				physician licensed to practice medicine for injuries sustained in the crash,
				the arresting officer will consult with the treating physician to determine
				when best to test the subject without unreasonably jeopardizing the subject's
				treatment.
b) The arresting officer
				or BAO shall deem a subject who fails to submit to a requested test or
				additional testing to have refused testing. If a subject refuses a breath test,
				no 20-minute observation period is required, but rather the refusal of the test
				may be noted and the refusal ticket printed immediately.
c) When a subject has submitted an
				insufficient sample or otherwise failed to adequately complete a requested test
				or tests, the arresting officer or BAO has discretion to determine if the
				subject:
1) has refused testing; or
2) will be required to undergo additional
				testing.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1286 - TESTING OF BREATH, BLOOD AND URINE FOR ALCOHOL, OTHER DRUGS, AND INTOXICATING COMPOUNDS › Subpart D - SAMPLING PROCEDURES › Section 1286.310 - Approved Evidentiary Instrument Operation

Current through Register Vol. 48, No. 28, July 12, 2024
The following procedures shall be used to obtain a breath
				  sample to determine a subject's BrAC with an approved evidentiary
				  instrument:
a) Prior to obtaining a
				breath analysis reading from a subject, the BAO or another agency employee
				shall continuously observe the subject for at least 20 minutes.
1) During the 20 minute observation period
				the subject shall be deprived of alcohol and foreign substances and shall not
				have vomited.
2) If the subject
				vomits during the observation (deprivation) period, the process shall be
				started over by having the individual rinse the oral cavity with
				water.
3) If the individual
				continues to vomit, alternate testing shall be considered.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1286 - TESTING OF BREATH, BLOOD AND URINE FOR ALCOHOL, OTHER DRUGS, AND INTOXICATING COMPOUNDS › Subpart D - SAMPLING PROCEDURES › Section 1286.320 - Blood Collection for Determining the Presence of Alcohol, Other Drugs or Intoxicating Compounds

Current through Register Vol. 48, No. 28, July 12, 2024
The following procedures shall be used to obtain a blood
				  sample from a subject to determine the alcohol concentration, or presence of
				  other drugs or intoxicating compounds:
a) The blood sample shall be collected in the
				presence of the arresting officer, another law enforcement officer, or an
				agency employee who can authenticate the sample.
b) For samples collected in Illinois,
the blood sample shall be collected by a
licensed
				physician, physician assistant, licensed advanced practice nurse, registered
				nurse, trained phlebotomist, or certified paramedic. When a blood test of a
				person who has been taken to an adjoining state for medical treatment is
				requested by an Illinois law enforcement officer, the blood may be withdrawn
				only by a physician authorized to practice medicine in the adjoining state,
				physician assistant, licensed advanced practice nurse, registered nurse,
				trained phlebotomist acting under the direction of the physician, or certified
				paramedic.
(Section 11-501.2(a) of the Illinois Vehicle
				Code)
c) The blood sample should be
				drawn using proper medical technique.
d) Officers shall use DUI kits provided by
				the Department, if possible. If kits are not available, officers may submit two
				standard grey top vacuum tubes. (Pursuant to generally accepted industry
				standards, grey top vacuum tubes contain an anticoagulant and
				preservative.)
e) The individual
				tubes shall be labeled with the name of the subject and the date of the
				withdrawal and treated as biohazard evidence.
f) The blood samples shall be delivered as
				soon as practicable to a laboratory certified by the Department (see Section
				1286.170
				).
g) The testing laboratory shall
				maintain any remaining sample for a period of six months after testing unless
				otherwise directed by the submitting agency or the appropriate prosecuting
				authority.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1286 - TESTING OF BREATH, BLOOD AND URINE FOR ALCOHOL, OTHER DRUGS, AND INTOXICATING COMPOUNDS › Subpart D - SAMPLING PROCEDURES › Section 1286.330 - Urine Collection for Determining the Presence of Alcohol, Other Drugs or Intoxicating Compounds

Current through Register Vol. 48, No. 28, July 12, 2024
UAC testing is not a preferred method of determining the
				  amount of alcohol in a subject and the feasibility of other testing procedures
				  should be explored before deciding UAC testing for alcohol concentration. Urine
				  is the preferred method for drug confirmation. The following procedures shall
				  be used to obtain a urine sample from a subject to determine the presence of
				  alcohol, other drugs or intoxicating compounds:
a) A sample of urine shall be collected in a
				manner to preserve the dignity of the individual and to ensure the integrity of
				the sample.
b) A urine sample may
				be collected by the arresting officer, another law enforcement officer, an
				agency employee, or a hospital nurse who can authenticate the sample. The
				officer, agency employee, or nurse shall be of the same sex as the subject
				undergoing testing.
c) A urine
				sample of approximately 60 ml should be collected.
d) Urine sample shall be collected in clean,
				dry containers.
e) No preservatives
				shall be used. The containers shall be closed.
f) The containers shall be labeled with the
				name of the subject and the date of the collection.
g) The urine samples shall be delivered as
				soon as practicable to a laboratory certified by the Department.
h) The testing laboratory shall maintain any
				remaining sample for a period of six months after testing unless otherwise
				directed by the submitting agency or the appropriate prosecuting
				authority.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1286 - TESTING OF BREATH, BLOOD AND URINE FOR ALCOHOL, OTHER DRUGS, AND INTOXICATING COMPOUNDS › Subpart D - SAMPLING PROCEDURES › Section 1286.340 - Urine Collection for Determining the Concentration of Urine Alcohol (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1286 - TESTING OF BREATH, BLOOD AND URINE FOR ALCOHOL, OTHER DRUGS, AND INTOXICATING COMPOUNDS › Subpart D - SAMPLING PROCEDURES › Section 1286.350 - Operation of PBTs (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1287 - DISCLOSURE OF FORENSIC LABORATORY TOXICOLOGICAL TESTING RESULTS › Section 1287.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to allow for the production of
				uniformly sufficient information to allow a proper, well-informed determination
				of the admissibility of toxicology evidence and to ensure that the evidence is
				presented competently and intelligibly. This Part is designed to provide a
				minimum standard for compliance concerning toxicology evidence and is not
				intended to limit the production and discovery of material
				information.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1287 - DISCLOSURE OF FORENSIC LABORATORY TOXICOLOGICAL TESTING RESULTS › Section 1287.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Accreditation Certificates" means documentation by an
				authoritative body that gives formal recognition that a body is competent to
				carry out specific tasks.
"Individual Testing Certifications" means documentation by an
				authoritative body that gives formal recognition that a person is competent to
				carry out specific tasks.
"Instrumental Maintenance Logs" means a record documenting
				events in relation to the upkeep, preventative maintenance, and operating
				condition of an instrument.
"Instrumental Sequence Logs" means a record documenting a
				particular order or sequence in which samples are analyzed on an
				instrument.
"Measurement Uncertainty" or "MU" means an estimate of the
				range values with which a measurand (the quantitative expression of that which
				is being determined) is likely to be found.
"Proficiency Testing" means tests (administered internally by a
				third party) taken by the forensic scientist/examiner/technician that
				demonstrate competency in an area of analysis.
"Quality Issue Documentation" means documentation of potential
				nonconforming work or a departure from the policies and/or procedures in the
				quality system of technical operations.
"Standard Operating Procedures" means established or prescribed
				methods to be followed routinely for the performance of designated analytical
				operations or in designated situations.
"Testing Laboratory" means the laboratory that is conducting
				the toxicological analysis.
"Toxicology Confirmatory Testing" means the testing performed
				to confirm the identity of the substance or compound.
"Toxicology Evidence" means forensic laboratory testing of
				blood, urine or other bodily substance.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1287 - DISCLOSURE OF FORENSIC LABORATORY TOXICOLOGICAL TESTING RESULTS › Section 1287.30 - Obligation to Produce

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Section is to establish a minimum standard
				for supplying toxicological evidence and is not intended to limit the
				production or discovery of material information. For subpoenas seeking the
				disclosure of records in addition to case file information, the testing
				laboratory will provide the following listed items for all prosecutions,
				post-trial and post-conviction proceedings. The proponent offering the
				toxicology evidence shall provide or otherwise make available to the adverse
				party all relevant materials, which includes:
a) Copies of the records contained in the
			 case file, including all reports, notes, phone logs, data and quality issue
			 documentation relating to the testing performed in the case;
b) Copies of standards and controls utilized
			 in the case that reflect compliance with quality control guidelines or
			 standards employed during the testing process;
c) Copies of the toxicology standard
			 operating procedures utilized in the particular case analysis;
d) Proficiency testing results from the last
			 test prior to the date of the case report and two years prior to that
			 date;
e) Current curriculum vitae
			 for forensic scientists or others involved in the testing and analysis of
			 toxicology evidence in the case;
f)
			 Reports explaining any discrepancies in the testing, observed defects or
			 laboratory errors in the particular case, as well as the reasons for and the
			 effects of those defects/errors;
g)
			 Copies of chain of custody documentation for each item of evidence subjected to
			 toxicology testing in the particular case;
h) Copies of accreditation certificates and
			 individual testing certifications, relating to the laboratory and/or
			 individuals performing the specific tests in the particular case, that were in
			 effect at the time of testing;
i)
			 Copies of instrumental sequence logs for each item of evidence subjected to
			 toxicology confirmatory testing in the particular case;
j) Copies of instrumental maintenance logs
			 for one year ending the date each item of evidence was subjected to toxicology
			 testing in the particular case;
k)
			 If ethanol testing was conducted and measurement uncertainty calculated, data
			 utilized for MU will be provided; and
l) Validation studies, when
			 available.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1290 - MISSING PERSON BIRTH RECORDS AND SCHOOL REGISTRATION › Subpart A - PROMULGATION › Section 1290.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to facilitate the locating and
				  return of missing persons by establishing procedures relating to birth records
				  and school registration.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1290 - MISSING PERSON BIRTH RECORDS AND SCHOOL REGISTRATION › Subpart A - PROMULGATION › Section 1290.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless specified
				otherwise, all terms shall have the meaning set forth in Section 1 of "AN ACT
				to require the registration of habitual child sex offenders and in relation to
				the confidentiality of information concerning minor victims of sex offenses and
				concerning missing children" (Ill. Rev. Stat. 1987, ch. 23, par. 2271) and
				Section 1 of "AN ACT in relation to children" (Ill. Rev. Stat. 1987, ch. 23,
				par. 2281).
b) For the purposes of
				these rules, the following definition applies:
"Acts": "AN ACT to require the registration of habitual child
				  sex offenders and in relation to the confidentiality of information concerning
				  minor victims of sex offenses and concerning missing children" (Ill. Rev. Stat.
				  1987, ch. 23, par. 2271 et seq.) and "AN ACT in relation to children" (Ill.
				  Rev. Stat. 1987, ch. 23, par. 2281 et seq.).
"Department": The Illinois Department of State Police.
"Registrar": The State Registrar of Vital
				  Records.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1290 - MISSING PERSON BIRTH RECORDS AND SCHOOL REGISTRATION › Subpart B - REQUIREMENTS AND PROCEDURES › Section 1290.30 - Department Notification Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
Notifications required by the Acts to be made by the
				  Department shall include, if known, at least the name, date of birth, and sex
				  of the missing child or missing person. This information shall be provided in
				  written form or by electronic data transfer.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1290 - MISSING PERSON BIRTH RECORDS AND SCHOOL REGISTRATION › Subpart B - REQUIREMENTS AND PROCEDURES › Section 1290.40 - Registrar Notification Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
Notifications required by paragraphs 2273 and 2283 of the
				  Acts to be made by the Registrar to city, municipality, or county custodians
				  shall include, if known, at least the name, date of birth, and sex of the
				  missing child or missing person. This information shall be provided in written
				  form or by electronic data transfer.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1290 - MISSING PERSON BIRTH RECORDS AND SCHOOL REGISTRATION › Subpart B - REQUIREMENTS AND PROCEDURES › Section 1290.50 - Custodian Identification Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
The form required by paragraphs 2274(b) and 2284(b) of the
				  Acts to be completed by a person requesting a flagged birth certificate shall
				  include the name, date of birth, mailing address, and telephone number of the
				  requesting person and the relationship of the requesting person to the missing
				  child or missing person. When a flagged birth certificate is requested by a
				  person, pursuant to paragraphs 2273 and 2283 of the Acts the person's driver's
				  license shall be requested or, if unavailable, one other form of identification
				  must be presented. This identification must contain a photograph that
				  accurately portrays the requesting person. The custodian shall make and retain
				  a photocopy of the tendered identification.